Legal Review Request - Amendment No. 2 , GMP, Budget Reallocation - Toney ES - Ajax Building, Croft. Associates - NTE $9,284,971.50 - APPROVED

AID 1722096 · View on Simbli

Agenda Item

ii. E-SPLOST V Project ~ Guaranteed Maximum Price, Budget Reallocation, and Amendment Request ~ #35235 ~Toney Elementary School HVAC Systems Replacement and Renovations ~ Ajax Building Company, LLC and Croft & Associates, Inc. ~ Final GMP Approval, Budget Reallocation, and Amendment No. 2 -A/E Fee Adjustment (Not to exceed ~ Collectively ~$9,284,971.50)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School Board of Education (“the Board”) approve the below:


Approve the established Guaranteed Maximum Price (“GMP”) of $7,335,874 for the construction of the Toney Elementary School HVAC Systems Replacement and Renovations E-SPLOST V project per the terms set forth in the Construction Manager at Risk (“CM@Risk”) contract previously awarded to Ajax Building Company, LLC.
It is also requested to approve a Budget Reallocation of $1,784,124 from E-SPLOST V program contingency to fund this project.
It is further requested that the Board of Education approve Amendment No. 02 to Croft & Associates, Inc. in a Not -to-Exceed amount of $164,973.50 for added design services.


Approval of the Guaranteed Maximum Price (GMP), budget reallocation and Amendment No. 02 meets Strategic Goal Area 6: Organizational Excellence.
Why: Approval of the Guaranteed Maximum Price (GMP) of $7,335,874 and budget reallocation of $1,784,124 for the construction of the Toney Elementary School HVAC Systems Replacement and Renovations E-SPLOST V project project as per the CM@Risk contract approved by the Board, February 12, 2024, to Ajax Building Company, LLC, ensures the completion of this project supporting a safe and healthy teaching and learning environment for students and staff.

Approval of Amendment No. 2 to amend the agreement with Croft & Associates, Inc. in the amount of $164,973.50, will provide the necessary funds for the additional scope and construction administration services (“CA”) as outlined in the Fee Adjustment document (s).
Details: On February 12, 2024, the Board of Education approved the award of a Construction Management at Risk (CM@R) contract to Ajax Building Company, LLC for the completion of the Toney ES HVAC Systems Replacement and Renovations and for Pre-Construction Services in the amount of $50,000.

On May 9, 2022, the Board approved the award of a Professional Architectural and Engineering (A/E) Services contract for the design of the Toney ES Major Building System Replacement to Croft & Associates, Inc. in the amount of $294,346.50.

Pursuant to that agreement, the Design Professional (CROFT), CM@R (Ajax), Program Manager (ACERM), multiple DCSD Departments and DCSD Operations have collaborated to generate a design, a safe construction phasing plan, and a GMP in the best interest of the DeKalb County School District.

This action establishes a Guaranteed Maximum Price and Contract Time for all the Work set forth in the attached Toney ES GMP Amendment 10-16-24.
Financial impact: The total contract amount for the Toney Elementary School HVAC Systems Replacement and Renovations project in the amount of $7,335,874 will be allocated from the general contractor construction cost code SP5FACCON.35235.GENCONTR under the voter-approved E-SPLOST V program and will require a budget reallocation of $1,784,124 from E-SPLOST V program contingency to fund this project.

The total contract amount for the Toney Elementary School HVAC Systems Replacement and Renovations project in the amount of $498,020 will be allocated from the Architect cost code SP5FACCON.35235.ARCHITECT under the voter approved E-SPLOST V program.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1447
Mr. Hans Williams, Dir. Planning & E-SPLOST Programming, Division of Operations, 678-676-1588
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                                                                                             DATE RECEIVED: ______________

                                                                                             MATTER ASSIGNED TO: ________

                              Request for Legal Assistance
                              DCSD Office of Legal Affairs
                                 ATTORNEY – CLIENT COMMUNICATION
PLEASE SUBMIT COMPLETED REQUEST FORM TO
DCSD OFFICE OF LEGAL AFFAIRS.
                *** This request is a confidential communication and should be treated as such ***

                                       DESCRIPTION OF REQUEST

Title of Item/Topic: __Legal Review and Approval – Board Agenda Item Only_____________
        (e.g., contract review, policy matter, etc.)

Date of request: _11/15/2024__________              Due Date: __11/20/2024_______ (Allow 3 to 5 business days)

Background information/Detail: E-SPLOST V Project – Amendment, GMP, Budget Reallocation –
Toney Elementary School HVAC Systems Replacement and Renovations – AJAX Building
Company, LLC and Croft & Associates, Inc. – Final GMP Approval, Budget Reallocation, and
Amendment No. 2 A/E Fee Adjustment – Not to Exceed $9,284,971.50

                                PROCUREMENT DETAILS (if applicable)

Include details confirming that all applicable DCSD procurement policies and requirements have been

adhered to: _________________________________________________________________________________

____________________________________________________________________________________________


                                     SUPPORTING DOCUMENTATION


Please attach/include any additional supporting documentation that are relevant to your request.

Description of supporting documentation, if any _Chronology, BAI, Contracts, and all applicable
documents______________


                                       REQUIRED AUTHORIZATION

Requested by: ___Darlene Y. Hughes___________________________________________________

Email: __darlene_hughes@dekalbschoolsga.org____________               Telephone: _678-676-1447__________

Department: ______Operations Division__________________________________________________

Cabinet Member authorizing the request: _____Erick Hofstetter_______________________________________

                                             LEGAL APPROVAL
Approved as to form by the DCSD Office of Legal Affairs? ☐ Yes ☐ No
                            -OR- (check one only)
Approved as to form by Outside Legal Counsel? ☐ Yes ☐ No
      *Referrals to Outside Legal Counsel must be coordinated and approved by the DCSD Legal Dept .
Approving Attorney (and law firm if Outside Counsel) _____________________________
                                                        H. Eric Hilton, Esq.

Comments: ____________________________________________________________________________

______________________________________________________________________________________