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Board approves LS3P construction contract; sets $90,000 change-order cap and seeks interlocal clarification with county
Summary
The Swain County Board of Education approved a construction-manager/architect team contract with LS3P, set a $90,000 cap on superintendent-approved change orders and instructed staff to pursue an interlocal amendment clarifying county concurrence and spending order for county match funds.
The Swain County Board of Education approved a construction-manager/architect team contract with LS3P on April 1 and clarified limits on change orders and coordination with the county for a school construction project.
Board discussion reviewed two final vetted contracts—one with an LS3P team and one with a second vendor that the board asked members to review further. Board members and staff said both contracts had been reviewed by attorneys and that LS3P was recommended as the architect and construction manager-at-risk team.
During discussion, Brian Walker (contract representative in the meeting discussion) had recommended that the superintendent be given authority to approve change orders up to $200,000–$250,000; the board instead instructed staff to align with existing board policies and set a $90,000 limit for superintendent-approved change orders. Staff said any change orders above $90,000 would be brought to the board for approval.
The board also directed staff to seek an amendment to an interlocal agreement with the county so authority and approval thresholds are clear to both the school board and county commissioners. Board members discussed a proposed approach to “spend down” the county match first before drawing heavily on grant funds; staff said that approach may make administration smoother for both parties.
Board members discussed the Prompt Pay Act’s role in contracts and noted a 1.5% prompt-pay fee remains in the contract as a statutory maximum; staff said vendors can waive it and that the district expects to meet a 30-day pay timeline. Members were told the contract includes general-conditions documentation (about 85 pages) that governs day-to-day site work and reporting requirements. Staff also said they will request the construction manager provide periodic reports on minority-business outreach and participation for the board’s reporting obligations.
The LS3P contract was listed on the agenda’s action items and was approved by the board by voice/show-of-hands vote.
