Legal Review Request-Contract - E-SPLOST VI # 24736- Murphey Candler ES HVAC - Reno Project –Balfour Beatty- Phase I GMP and Budget Reallocation - NTE $3,377,033.00 -APPROVED

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Agenda Item

ii. E-SPLOST VI Project 24736 ~ Murphey Candler Elementary School HVAC Replacement and Renovations Project ~ Balfour Beatty ~ Phase I Guaranteed Maximum Price and Budget Reallocation (Not to exceed $3,377,033) ~ Updated 2.4.2025

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


Establish a Phase I Guaranteed Maximum Price (“Phase I -GMP”) of $3,377,033 per the terms set forth in the Construction Manager at Risk (“CMAR”) contract previously awarded to Balfour Beatty via EXHIBIT M - GMP Amendment to Agreement.
Approve a Budget Reallocation from Program Contingency to the necessary project cost code (SP6CIP. 24736.GENCONTR.4052) for Phase I of the SPLOST VI Murphey Candler ES HVAC Replacement and Renovations project in the amount not to exceed $3,377,033.
Why: Approval of the amended agreement with Balfour Beatty establishing the Phase I Guaranteed Maximum Price in the not to exceed amount of $3,377,033, allows for the summer of 2025 work for modular swing space to commence.

The approval of the amended agreement and established Phase I Guaranteed Maximum Price 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 (CMAR) contract to Balfour Beatty for Pre-Construction Services in the amount of $50,000.00.

Pursuant to that agreement the Design Professional to SSOE│Stevens & Wilkinson (“SSOE”), CMAR (Balfour Beatty), Program Manager (ACERM), and Dekalb County School District (“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 Phase I Guaranteed Maximum Price and Contract Time for all work set forth in the attached Murphey Candler Elementary School Exhibit M 12-05-24.
Financial impact: This project will be funded from the SPLOST VI Project 24736 - Murphey Candler Elementary School HVAC Replacement and Renovations Project budget. Subsequently, a budget reallocation of $3,377,033.00 from Program Contingency will be required to the construction cost code (SP6CIP. 24736.GENCONTR.4052).
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-0168
Mr. Hans Williams, Director. Planning & E-SPLOST Programming, Division of Operations, 678-676-1588
Effective: Upon Board Approval
Status: Approved by General Counsel
                                                                                                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: _1/21/2025_________                    Due Date: __1/24/2025_______ (Allow 3 to 5 business
days)

Background information/Detail E-SPLOST VI Project 24736- Murphey Candler
Elementary School HVAC Replacement and Renovations Project –Balfour
Beatty- Phase I Guaranteed Maximum Price and Budget Reallocation - Not-
to-Exceed $3,377,033.00
                                     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: ____________________________________________________________________________

______________________________________________________________________________________