Board approves AIA contract modifications with Nexus for 2024 pool referendum; attorney and staff describe protections and procurement steps

The Oak Creek-Franklin Joint School District board on April 14 approved AIA contract modifications related to the district's 2024 pool referendum and authorized the superintendent and chief business officer to execute nonmaterial changes to the A201 general-conditions document.

Board materials and a presentation described three contract documents: the A133 agreement (between owner and construction manager), the B101 (owner–architect), and the A201 (general conditions governing both contracts). A board member summarized: the A133 is the construction manager agreement, the B101 is between the owner and architect, and the A201 covers general conditions.

Rebecca Roker, attorney with Matolis Law, said her legal involvement is "really on the front end" to put the contracts "in good shape" so the project team can launch with protections in place. She and staff emphasized dual protections: legal review up front and on-the-ground monitoring by the project team during construction.

Board members asked operational questions. District staff and Nexus representatives said multiple bids will be solicited for bid packages and the team will evaluate submissions to ensure completeness and avoid future change orders. On background screening, staff said the district uses standard processes and will apply deeper checks where workers have student contact; the transcript references contract section 14.3 regarding background checks.

Members asked about supply risks and tariffs. Staff said long lead times are common for some equipment and that tariffs or port/shipping disruptions can affect schedules and costs; ordering early helps mitigate risks. A board member asked about commercial liability limits; staff and counsel said the liability amount in the contract is consistent with industry practice for projects of this size and noted the figure in the draft was higher than the district used in 2019; the transcript records a reference to a $5,000,000 commercial liability figure.

Board discussion also touched on student involvement in project activities where safe and appropriate; staff said they will explore limited student participation in phases that do not present safety risks.

The motion to approve the AIA contract modifications (B101, A133, A201) was moved by Dutta and seconded by Whitman; the board voted and the motion passed by voice and roll call. The district's materials listed Nexus as the construction manager; Plunkett Resich Architects was listed as the architect in project documents.

The board thanked Nexus and staff for their work and moved on to informational items and future meeting agendas.