Legal Review Request - Contract Award - CM@Risk -RFQu 25-752-052 - Kingsley ES HVAC - Evergreen Construction - NTE $100,000 - APPROVED

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Agenda Item

iii. E-SPLOST V Project ~ Contract Award ~ CM@Risk -RFQu No. 25-752-005 ~ Kingsley Elementary School HVAC System Replacement and Renovations ~ Evergreen Construction, Inc. ~ Pre-Construction Phase Fee (Not to exceed $100,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education (“the Board”) approve the award of RFQu No. 25-752-005 for Construction Management Services (“CM@Risk”) for the Kingsley Elementary School HVAC System Replacement and Renovations project to Evergreen Construction.

Additionally, it requested that the Board approve a not-to-exceed amount of $100,000 for the Pre-Construction Phase Fee associated with this contract. Additional packages will be presented to the Board for approval as indicated below:


Early release package tentatively presented in Summer 2025.
Final Guaranteed Maximum Price (GMP) will be presented in Fall 2025.

Additional sub-packages may be presented to the Board for approval as needed.
Why: Approval of the award of the CM@Risk Services contract for the Kingsley Elementary School HVAC System Replacement and Renovations project in accordance with the DeKalb County School District’s (“DCSD”) voter-approved E-SPLOST V program will provide a safe and healthy learning environment for students and staff.

The approval of this contract award meets Strategic Goal Area 6: Organizational Excellence.
Details: Specific details related to the scope of work for this Request for Qualifications (“RFQu”) can be found on the DCSD solicitation website at https://dekalbschoolsga.ionwave.net/

The RFQu was issued on January 9, 2025, and eight (8) statements of qualifications were received on February 20, 2025, for the Kingsley Elementary School HVAC System Replacement and Renovations project. All eight (8) submittals were deemed responsive and were evaluated by a selection committee. This recommendation is based on the final scoring of the evaluation.

Evergreen Construction will be responsible for the CM@Risk services as set forth in the proposal documents. The DeKalb County School District’s Standard Form of Construction Management Contract will be used. The award of this contract will allow for the commencement of the pre-construction phase of the CM@Risk services for this project.

Evergreen Construction is located at 3200 Cobb Galleria Parkway Suite 240, Atlanta, Georgia 30339.
Financial impact: The total budget of $100,000 for the Pre-Construction fee and reimbursable expenses associated with the contract for the Kingsley Elementary School HVAC System Replacement and Renovations project will be allocated from cost code SP5FACCON.36335.GENCONTR under the voter-approved E-SPLOST V program.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1447
Mr. Keith Ball, Executive Director of Facilities and Capital Improvement, Division of Operations, 678-676-1483
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 - Amendment Request_________
(e.g., contract review, policy matter, etc.)

Date of request: ___4/2/2025_______________               Due Date: __4/6/2025__________3 to 5 business days)

Background information/Detail: E-SPLOST V Project: Contract Award – CM@Risk -RFQu
No. 25-752-005- Kingsley Elementary School HVAC System Replacement and
Renovations - Evergreen Construction, Inc.- Pre-Construction Phase Fee Not-To
Exceed $100,000
                       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: ____________________________________________________________________________

______________________________________________________________________________________