Legal Review Request - E-SPLOST V -Salem MS - Extended General Conditions - CWI - CO #4 - Not to Exceed $430, 446.23 - APPROVED

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Agenda Item

i. E-SPLOST V Project~ CHANGE ORDER REQUEST ~ Construction Works, Inc. ~ #365-35 for Salem Middle School Major Building Systems Replacement ~ Change Order No. 4 ~ Owner Requested Items and Extended General Conditions (Not to exceed $430,446.23)

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:

Change Order No. 4 to Construction Works, Inc. for the Salem Middle School Major Building Systems Replacement project in a not-to-exceed amount of $430,446.23 that will be funded by budget reallocation.
E-SPLOST V budget reallocation in the amount of $430,446.23 from Program Contingency to the Contractor cost code.
Why: Approval of the budget reallocation and Change Order No. 4 will provide additional funds for the Owner (DeKalb County School District - DCSD) requested items, unforeseen conditions and extended general conditions (extended construction schedule) as outlined in the Change Order No. 4 documents for the Salem Middle School Major Building Systems Replacement project.

Approval of Change Order No. 4 meets Strategic Goal Area 6: Organizational Excellence
Details: On September 21, 2022, the Board of Education approved a firm fixed price contract for Construction Works Inc., to perform the general contracting work as outlined by the proposal documents and an E-SPLOST V budget reallocation of $9,763.167.37 from Program Contingency to fund the award of RFP 22-752-020 for General Contractor Services to Construction Works, Inc. The budget reallocation was applied as follows:


Salem Middle School - $5,166,440
Redan Middle School - $2,356,281
Fairington Elementary School - $2,240,466.37


Change Order No. 04 for Salem Middle School Major Building Systems Replacement provides for the Owner requested items recommended by the project’s design and construction professionals and/or requested by DCSD Facilities to fulfill program-wide initiatives, unforeseen conditions and an extended construction schedule.

Specific details related to the original scope of work for this project can be found on the DeKalb County School District’s solicitation website at https://dekalbschoolsga.ionwave.net/.
Financial impact: The financial impact of Change Order No. 4 for the total amount of $430,446.23 for the Construction Works, Inc. Change Order No. 4 due to Owner -requested items unforeseen conditions, and extended general conditions (extended construction schedule), will be allocated from the general contractor cost code (SP5FACCON.36535.GENCONTR) under the voter-approved E-SPLOST V program.

A budget reallocation of $430,446.23 from program contingency (SP5MANG.60235.PRGCONTIN) to the general contractor cost code will fund the Change Order No. 4.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-1447
Mr. Hans Williams, Dir. Planning & E-SPLOST Programming, 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 – Change Order Request_________
(e.g., contract review, policy matter, etc.)

Date of request: ___5/14/2025______________               Due Date: __5/19/2025__________3 to 5 business
days)

Background information/Detail: E-SPLOST V Project~ Change Order Request ~
Construction Works, Inc. ~ #36535 for Salem Middle School Major Building
Systems Replacement ~ Change Order No. 4 ~ Owner Requested Items and
Extended General Conditions- Not to Exceed $430,446.23.

                                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: ____________________________________________________________________________

______________________________________________________________________________________