Legal Review Request - Final GMP - Murphey Candler ES -Balfour Beatty -Cooper Carry -NTE $33,805,865.00 - APPROVED

AID 1806838 · View on Simbli

Agenda Item

vii. E-SPLOST VI Project ~ Final Guaranteed Maximum Price and Amendment Request ~ #24736 ~ Murphey Candler Elementary School HVAC Systems Replacement and Renovations Project ~ Balfour Beatty Construction, LLC. and Cooper Carry, Inc. ~ Final GMP Approval and Amendment No. 7 ~ A/E Fee Adjustment (Not to exceed- $33,805,865)

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:

The established Final Guaranteed Maximum Price (“GMP”) of $32,864,610 for the construction of the Murphey Candler Elementary School HVAC Systems Replacement and Renovations Project per the terms set forth in the Construction Manager at Risk (“CM@Risk”) contract previously awarded to Balfour Beatty Construction.
Amendment No. 7 to Cooper Carry, Inc. for a not to exceed amount of $941,255 for added design services.
Why: Approval of the Final Guaranteed Maximum Price (GMP) of $32,864,610 for the construction of the Murphey Candler Elementary School HVAC Systems Replacement and Renovations project as per the CM@Risk contract approved by the Board, December 22, 2024, to Balfour Beatty Construction, LLC, ensures the completion of this project supporting a safe and healthy teaching and learning environment for students and staff.

Approval of Amendment No. 7 to amend the agreement with Cooper Carry, Inc. in the amount of $941,255, will provide the necessary funds for the additional scope and construction administration services (“CA”) as outlined in the Proposal for Additional Services letter.

This approval will allow for work to be conducted in Summer 2025 for both interior renovations and HVAC replacement and exterior site improvements.

Approval of the Guaranteed Maximum Price (GMP) and Amendment No. 7 meets Strategic Goal Area 6: Organizational Excellence
Details: On December 22, 2024, the Board of Education approved the award of a Construction Management at Risk (CM@R) contract to Balfour Beatty Construction, LLC. for Murphey Candler Elementary School HVAC Systems Replacement and Renovations project and for Pre-Construction Services in the amount of $50,000.

Additionally, on February 10, 2025, the Board approved the Phase 1 Guaranteed Maximum Price for Construction Management to Balfour Beatty Construction, LLC. at Murphy Candler Elementary School for the amount of $3,377,033.

On February 12, 2024, the Board of Education approved the award of a Professional Architectural and Engineering Services for the design of the Murphey Candler Elementary School HVAC Systems Replacement and Renovations project to Cooper Carry, Inc. in the amount of $780,000.

Pursuant to that agreement, the Design Professional (Cooper Carry, Inc), CM@R (Balfour Beatty), Program Manager (ACERM), 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 the Final Guaranteed Maximum Price and Contract Time for all the Work set forth in the attached Murphey Candler Elementary School Exhibit M 3-26-25.
Financial impact: The financial impact of the #24736 - Murphey Candler Elementary School HVAC Systems Replacement and Renovations project - Final GMP total contract amount, in the not to exceed amount of
$32,864,610 will be allocated from the general contractor construction cost code SP6CIP.24736.GENCONTR.4052.

The financial impact for the Murphey Candler Elementary School HVAC Systems Replacement and Renovations project - Amendment No. 7 in the not to exceed amount of $941,255 will be allocated from the Architect cost code SP6CIP.24736.ARCHITECT.4052 under the voter approved E-SPLOST VI program.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678-676-0168
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 - Amendment Request_________
(e.g., contract review, policy matter, etc.)

Date of request: ___4/3/2025_______________               Due Date: __4/8/2025__________3 to 5 business days)

Background information/Detail: E-SPLOST VI Project – Final Guaranteed Maximum Price
and Amendment Request - #24736 -Murphey Candler Elementary School HVAC
Systems Replacement and Renovations Project –Balfour Beatty Construction, LLC
and Cooper Carry, Inc. - Final GMP Approval, and Amendment No. 7 -A/E Fee
Adjustment – Not to Exceed- $33,805,865.00.

                                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 _________________________________________________


                                       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: ____________________________________________________________________________

______________________________________________________________________________________