Legal Review Request- ESPLOST V - Final GMP,, Amendment No. 3 - Ashford Park ES HVAC - NTE $24,337,634.20 - APPROVED

AID 1774280 · View on Simbli

Agenda Item

iv. E-SPLOST VI Project: Final Guaranteed Maximum Price (GMP) and Amendment Request - #20236- Ashford Park ES HVAC Replacement and Renovations Project ~ The Winter Construction Company and Corgan Associates ~ Final GMP Approval and Amendment No. 3 (Not to exceed $24,337,634.20) Updated 4.21.2025

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

The established Final Guaranteed Maximum Price (“GMP”) of $23,526,070 for the construction of the Ashford Park ES HVAC Replacement and Renovations as per the terms set forth in the Construction Manager at Risk (“CM@Risk”) contract previously awarded to The Winter Construction Company (General Contractor - “GC”).
Amendment No. 3 to Corgan Associates (Architectural & Engineering - “A/E”) for a Not -to-Exceed amount of $811,564.20, for added design services.
Why: Approval of the Guaranteed Maximum Price (GMP) of $23,526,070 for the construction of the Ashford Park ES HVAC Replacement and Renovations as per the CM@Risk contract approved by the Board February 12, 2024, to The Winter Construction Company ensures the completion of this project supporting a safe and healthy teaching and learning environment for students and staff.

Approval of Amendment No. 3 to amend the agreement with Corgan Associates in the amount of $811,564.20 for the Ashford Park ES HVAC Replacement and Renovations Project will provide the necessary funds for the expanded scope of work and additional design and engineering fees outlined in the Proposal for Additional Services documents.

Approval of the Final Guaranteed Maximum Price (GMP) and Amendment No. 08 meets Strategic Goal Area 6: Organizational Excellence
Details: On February 12, 2024, the Board of Education approved the award of a Construction Management at Risk (CM@R) contract to Winter Construction Company for the completion of the Ashford Park ES HVAC Replacement and Renovations and for Pre-Construction Services in the amount of $50,000.00.

On February 12, 2024, the Board of Education approved the award of a Professional Architectural and Engineering Services contract for the design of the Ashford Park ES HVAC Replacement and Renovations project to Corgan in the amount of $600,000, based on an estimated construction budget of $10,000,000.

Pursuant to that agreement, the Design Professional (Corgan), CM@R (Winter), 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 Final Guaranteed Maximum Price and Contract Time for all the Work set forth in the attached Ashford Park ES - Exhibit M - GMP Amendment document.
Financial impact: The total budget of $23,526,070 for the Final GMP for the Ashford Park ES HVAC Replacement and Renovations Project and reimbursable expenses associated with the contract agreement for International Student Center will be allocated from the general construction cost code SP6CIP.20236.GENCONTR.3050 under the voter-approved E-SPLOST VI program.

The total budget of $811,564.20 for Amendment No. 3 GMP for the Ashford Park ES HVAC Replacement and Renovations will be allocated from the Architect cost code SP6CIP.20236.ARCHITECT.3050 under the voter-approved E-SPLOST VI 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 and Fully Executed Documents
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: _2/19/2025__________              Due Date: __2/24/2025_______ (Allow 3 to 5 business days)

Background information/Detail: E-SPLOST VI Project: Final Guaranteed Maximum Price (GMP)
and Amendment Request - #20236- Ashford Park ES HVAC Replacement and Renovations
Project- The Winter Construction Company and Corgan Associates-Final GMP Approval and
Amendment No. 3 -Not to Exceed $24,337,634.20.

                                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) _____________________________

Comments: ____________________________________________________________________________

______________________________________________________________________________________