Legal Review Request -GMP, Budget Reallocation, Amdt No. 2 - New Sequoyah MSHS - NTE $233,348,010.78 - APPROVED

AID 1776057 · View on Simbli

Agenda Item

iii. E-SPLOST VI Project ~ Guaranteed Maximum Price, Budget Reallocation, and Amendment Request ~ #10136 ~ New Sequoyah Middle and High School Replacement ~ The Gilbane Building Company, and Goodwyn, Mills, Cawood ~ Final Guaranteed Maximum Price, Budget Reallocation and Amendment No. 2 ~ A/E Fee Adjustment (Not to exceed $233,348,010.78)

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:

Establish a Final Guaranteed Maximum Price of $228,661,425 for the construction of the New Sequoyah Middle and High School SPLOST VI project per the terms set forth in the Construction Manager at Risk contract previously awarded to The Gilbane Building Company.
A Budget Reallocation of $141,617,170 from the E-SPLOST VI program contingency to fund this project.
Amendment No. 02 to Goodwyn, Mills, Cawood, LLC for a Not -to-Exceed amount of $4,686,585.78 for added design services.
Why: Approval of the Final Guaranteed Maximum Price (GMP) of $228,661,425 and budget reallocation of $141,617,170 for the construction of the New Sequoyah Middle and High School Replacement E-SPLOST VI project as per the CM@Risk contract approved by the Board, June 12, 2023, to Gilbane Building Company, 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 Goodwyn, Mills, Cawood, LLC. in the amount of $4,686,585.78, will provide the necessary funds for the increased Stated Cost Limitation and additional scope as outlined in the Amendment to Contract for Architectural Services document (s).

Approval of the Final Guaranteed Maximum Price (GMP), budget reallocation and Amendment No. 02 meets Strategic Goal Area 6: Organizational Excellence.
Details: On June 12, 2023, the Board of Education approved the award of a Construction Management at Risk (CM@R) contract to Gilbane Construction Company for the completion of the New Middle and High School at Sequoyah Project and for Pre-Construction Services in the amount of $175,000.

On May 6, 2024, the Board of Education approved the Initial Guaranteed Maximum Price of $87,044,255 for enabling work associated with the construction of the New Sequoyah Middle and High School SPLOST VI project.

On November 14, 2022, the Board approved the award of a Professional Architectural and Engineering (A/E) Services contract for the design of the New Middle and High School at Sequoyah to Goodwyn, Mills, Cawood , LLC for the amount of $9,000,000.

Pursuant to that agreement, the Design Professionals (Goodwyn, Mills, Cawood, LLC), CM@R (Gilbane), Program Manager (ACERM), multiple DCSD Departments and DCSD Operations have collaborated to generate a design, a safe construction phasing plan and a Final 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 Gilbane GMP Exhibit M Amendment.
Financial impact: The total contract amount for the New Sequoyah Middle and High School project will be allocated from the general contractor construction cost code SP6NEWSCH.10136.GENCONTR under the voter-approved E-SPLOST VI program and will require a budget reallocation of $141,617,170 from E-SPLOST VI program contingency to fund this project.
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 – GMP - Budget Reallocation -Amendment
Request_________                                          (e.g., contract review, policy matter, etc.)

Date of request: ___3/19/2025_______________                Due Date: __3/24/2025__________3 to 5 business
days)

Background information/Detail: E-SPLOST Vi Project - #10136 -New Sequoyah Middle and High
School Replacement – The Gilbane Building Company, and Goodwyn, Mills, Cawood –Final
Guaranteed Maximum Price, Budget Reallocation and Amendment No. 2 – A/E Fee
Adjustment – Not to Exceed - $233,348,010.78.

                                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 _________________________________________________


                                       REQUIRED AUTHORIZATION

Requested by: ___Darlene Y. Hughes, Esq______________________________________________

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: ____________________________________________________________________________

______________________________________________________________________________________