Approve the Settlement Agreement and Limited Release Between the Board and Long & Associates Architects/Engineers, Inc. and Mactec Engineering and Consulting, Inc. Relating to Professional Services Performed at Strawberry Crest High School

Before its purchase of the Strawberry Crest High School (“UUU”) site, the Board retained Long & Associates to render a preliminary opinion relating to the suitability for construction of the soils present on that site. Long & Associates, in turn retained Mactec to conduct the study. Based on Mactec’s report, Long & Associates issued an opinion to the Board which the Board relied upon in estimating the costs for the anticipated construction of the school. In staff’s opinion, the report supplied by Mactec did not contain sufficient information or the information obtained was not properly utilized in the report. As a result, staff believes that the Board was damaged to an extent which would be impossible to determine but would not have been sufficient to affect any of the Board’s decisions regarding construction on the site. In negotiations with Long and Mactec, the parties have agreed upon a settlement by which Long and Mactec will pay to the Board the combined sum of $50,000.00 and the Board will provide only a limited release, releasing only those claims which might arise from the initial report and retaining the Board’s protections from any matters which might arise in the future from the second, more complete report supplied by Mactec. The settlement is recommended by the Board’s outside construction law counsel, the expert retained to review the matter, and the School Board attorney.

* Demonstrate "best practices" in all aspects of safety including students, employees, visitors, facilities, transportation, and health