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Perry Co. 32 board narrows architect and construction-manager contracts, removes open-ended 'Phase 4' language
Summary
After hours of questions about future scope and fees, the Perry Co. 32 school board approved construction management and architectural services contracts but removed or reworded a proposed open-ended Phase 4 so future boards could pursue a new RFQ if desired.
The Perry Co. 32 school board approved contracts with a construction manager and an architectural firm on a vote late in the meeting, after members pressed staff to remove or clarify an open-ended “Phase 4” in the agreements.
Board discussion focused on whether Phase 4 would bind future boards or require negotiation before additional projects. One board member said he would prefer a future elected board to have the opportunity to start a new request-for-qualifications process rather than be limited by language that could be interpreted as automatic continuation. The member said, “I would feel more comfortable allowing an elected board at that point to do a new RFQ for whatever that additional project was.” (Committee member)
Staff and legal counsel said the contract language treats later phases as supplemental services that would require the owner’s written authorization and a separate amendment. A district speaker described the architect’s role during construction and oversight, saying the firm “will be on-site at least twice a month checking schedules, checking those scopes to make sure that the contractors are staying within the time frame” and noted architects also perform contractor reviews and lien-waiver checks. (Staff member)
Board members pressed for concrete limits on “expenses incurred” and on how compensation would be calculated if the district moved into later phases. Staff said phase-3 and phase-4 work would be added by amendment if the district chose to proceed and that the contracts include clauses intended to protect the district and allow negotiation at the time of the amendment.
Faced with continuing concern about open-ended commitments, the board approved the contracts with the removal (or rewording) of Phase 4 language so that additional services would require explicit authorization. The board also agreed to return for a special meeting if further legal or contractual clarifications were necessary.
Governance notes: board members asked staff to pursue specific wording changes (for example, replacing “will” with “may” where appropriate) and flagged the option of taking questions back to counsel and the contractor before final execution.
The approval came after extended public discussion and internal questions about the limits of the architect’s supplemental services, percent-of-construction compensation, and what kinds of reimbursable expenses (transportation, presentation materials, specialty consultants) could be charged under the contract.
