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Meeting Date:
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Category:
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Type:
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Subject:
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4. Action on Monthly Facilities Matters: FMS Award of Professional Services, a Contract Amendment and Material Purchase Recommendation |
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Strategic Plan Compatibility Statement:
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Goal 3 Effective and Efficient Operations
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Attachments:
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1. Recommendation
2. Professional Services Contract - Stantec Consulting Services - Design Services - Bryant Playfield Renovations
3. Professional Services Contract - SWA Group - Design Services - Metcalfe Playfield Renovations
4. Professional Services Contract - AssetWorks - AiM Standard Data Connectors & Development Upgrades - DFMS |
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File Attachment:
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Background:
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Below are the contracts recommended for the Board's approval:
Professional Services Contracts and Amendment Requested:
- Stantec Consulting Services for Design Services-Division 1 at Bryant Playfield; Code: STS 00 RFI RC ECNC = $477,703.00
- SWA Group for Design Services-Division 1 at Metcalfe Playfield; Code: STS 00 RFI RC ECNC = $540,000.00
- Assetworks for AiM Standard Data Connectors & Development Upgrades at DFMS; Code: MBM OA 8M3 FM ECNC = $82,872.00
AMENDMENT TO A CONTRACT
On November 17, 2022, the Milwaukee Board of School Directors approved Contract A1004141 (“Contract”) with AssetWorks (Contractor). Contract was sent to the Contractor for final review in early October of 2022, and noticed that it would be uploaded by November 1, 2022, if no objections were made. The Contract was uploaded and approved to go to Committee as a Professional Service Contract by the Department of Facilities and Maintenance (DFMS) on November 1, 2022. The Contractor emailed DFMS on November 4, 2022, requesting additional redlines. MPS explained that the Contract was already sent for Board approval and could no longer be modified; the Board approved on November 17, 2022.
Per MPS’ normal contractual process, the Contractor was sent the said Board approved Contract for signature; however, the Contractor has refused to sign the Contract as written as they petition that the provision they require is the same provision they have requested in the previously executed contracts (i.e. CR041795). The requested provision is as follows:
Add a 3rd paragraph under Section 6. Indemnity: “In the event of any claim brought by one party against another hereunder, a party will be liable only for actual, direct losses or damages incurred (including cost of cover), limited to the amount of the fees paid to Contractor under the applicable Statement of Work or Proposal. Irrespective of the basis of the claim, neither party will be liable for any special, indirect, incidental, or consequential damages of any kind, including, without limitation, lost profits, or loss of data. The foregoing limitations shall not apply to claims for indemnification of third-party claims under this Section 6.”
MPS Legal and Milwaukee City Attorney’s Office have reviewed the above provision, and the Contract in its entirety, and determined the insertion of said provision is not detrimental to MPS’ risk of liability given the services are remote and the risk of injury or damage to property is low. Thus, it is both offices’ position that the insertion is acceptable.
Because the Parties do not have a signed Contract, services have not commenced; therefore, a new Contract has also been modified to include the new start and end dates (January 27, 2023 – October 31, 2023).
Thus, DFMS is requesting that the previously approved Contract be voided and and replaced with the attached updated version, with new Term Date and inserting the above limitation of liability provision to Section 6 of the Contract. No other changes have been made.
Material Purchase Requested for Approval:
- Wausau Tile for Concrete Bollards at various sites; Code: OPR 0A 9J2 FM ECNC = $350,000.00 |
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Fiscal Impact Statement:
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This item authorizes expenditures for:
Professional Services Contracts:
Total Professional Services Contracts = $1,100,575.00
Material Purchase:
Total Material Purchase = $350,000.00 |
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Implementation and Assessment Plan: |
Upon Board approval, the attached professional services contracts, contract amendment and material purchase shall be executed.
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Recommendation
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The Administration recommends that the Board approve the attached professional services contracts, contract amendment and material purchase. |
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Approvals:
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Recommended By: |
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Signed By: |
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Shannon Agor - Administrative Assistant III |
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Signed By: |
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Sean Kane - Senior Director - Facilities & Maintenance Services |
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Signed By: |
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Michele Wilborn - Budget Analyst |
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Signed By: |
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Katrice Cotton, Ed.D. - Chief School Administration Officer |
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Signed By: |
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Keith Posley, Ed.D. - Superintendent |
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