Loading...
HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 10NCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023- 4205. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. N. Consider Agreement with Balfour Beatty Construction, LLC, for Construction Management Services for the New City Library; and Consider Resolution Amending the Fiscal Year 2023/24 Budget. Staff Recommendation: 1) Approve Agreement with Balfour Beatty Construction, LLC, for Construction Management Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 2) Adopt Resolution No. 2023-4205 amending the Fiscal Year 2023/24 budget to fully fund the Agreement. (Staff: Jessica Sandifer, Deputy Parks and Recreation Director) (ROLL CALL VOTE REQUIRED) Item: 10.N. Item: 10.N. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Deputy Parks and Recreation Director DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Agreement with Balfour Beatty Construction, LLC, for Construction Management Services for the New City Library; and Consider Resolution Amending the Fiscal Year 2023/24 Budget BACKGROUND The new Moorpark City Library has been a priority of the City Council for a number of years. Staff has been working with the project architect to prepare plans and specifications to move the project towards construction. With the Design Development drawings 100% completed and the Master Project Budget recently approved by City Council, it is now appropriate to hire the services of a Construction Management consultant. Current City staff capacity and availability does not allow for sufficient oversight and daily management of a complicated construction project. The Construction Manager will assist City staff with the construction process, beginning with a constructability review of the design development drawings, value engineering services to identify cost savings, preparation of bidding documents, assistance with the bidding process, and finally, on-site daily management of the construction process to completion. DISCUSSION In December 2022, a Request for Qualifications/Proposal (RFQ/P) was released to select a construction management firm for the Library project. On January 13, 2023, staff received five RFQ/P’s from the following firms: •Balfour Beatty Construction, LLC (Balfour Beatty Construction) •CBRE Heery •Griffin Structures •Ledesma Meyer, Inc. •Omni Services Corporation After an initial review of the proposals, staff selected Balfour Beatty Construction, CBRE Heery, and Griffin Structures to participate in an interview on February 28, 2023. 307 Honorable City Council 09/06/2023 Regular Meeting Page 2 Each firm was instructed to prepare a presentation based on the information provided in the RFQ, and the interviews were designed to give responding firms an opportunity to inform staff of what makes them the best choice for the City. The interviews were ranked on the following criteria: understanding of the project’s opportunities and constraints, approach and methodology, relevant experience and references, and quality of the presentation. All three of the construction management firms, provided excellent presentations, and had relevant experience. Ultimately, staff selected Balfour Beatty Construction as the most qualified company, because they are local to Ventura County, with offices based in Oxnard, and the City has prior experience working with them on large complex projects, such as the Ruben Castro Human Services Center. Following identification of the preferred vendor, staff reviewed the submitted cost proposals. Balfour Beatty Construction had the highest initial cost proposal, which was based off information provided in the RFQ/P document. Staff engaged in thorough discussion with Balfour Beatty Construction, regarding the construction schedule and the City’s needs. Subsequently, Balfour Beatty provided a proposal that fits within the City’s budget, and staff is confident that it will provide the required services. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT The proposed cost for construction management services, including reimbursable expenses is $1,865,262, and includes a 5% contingency totaling $88,822. The contract will be structured as a time and materials contract with a not-to-exceed amount. Balfour Beatty Construction will only charge time as needed. Staff included a contingency in case there is a need for additional unexpected inspections or daily services required by the project. The City Council will recall that staff had allocated $2 million in the Library master project budget for these services, so the current contract amount is within that budget. A budget amendment is needed in order to fully fund the construction management services. The funds available in the Library Project (C0056) total $1,772,122.25. A budget amendment of $93,140 from the City Hall Improvement Fund (3001) is needed to fully fund the construction management services. The current fund balance in the City Hall Improvement Fund available for use totals $168,207.57. After the budget amendment is processed, the fund balance will be approximately $75,067.57. 308 Honorable City Council 09/06/2023 Regular Meeting Page 3 COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 1, Objective 1.6, “New Moorpark City Library.” STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Approve Agreement with Balfour Beatty Construction, LLC, for Construction Management Services, and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney; and 2. Adopt Resolution No. 2023-____ amending the Fiscal Year 2023/24 budget to fully fund the Agreement. Attachment 1: Draft Agreement with Balfour Beatty Construction, LLC. Attachment 2: Draft Resolution No. 2023-____ Attachment 3: Technical Qualifications – Balfour Beatty Construction, LLC 309 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND BALFOUR BEATTY CONSTRUCTION, LLC FOR CONSTRUCTION MANAGEMENT SERVICES FOR NEW MOORPARK CITY LIBRARY THIS AGREEMENT, made and effective as of _____________________________________, between the City of Moorpark, a municipal corporation (“City”) and Balfour Beatty Construction, LLC, a limited liability company (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for Construction Management Services for the new Moorpark City Library; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated August 15, 2023, which is attached hereto as Exhibit D. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1.TERM The term of this Agreement shall be from the date of execution to completion of Services, unless this Agreement is terminated or suspended pursuant to this Agreement. 2.SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide construction management services, as set forth in Exhibit C and Exhibit D. In the event there is a conflict between the provisions of Exhibit C, Exhibit D, and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C and Exhibit D. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit D. Compensation shall not exceed the rates or total contract value of one million seven hundred and seventy-six thousand four hundred forty dollars ($1,776,440) plus a contingency of eighty-eight thousand eight hundred twenty-two dollars ($88,822) for a total contract not-to-exceed cost of one million eight hundred sixty- five two hundred sixty-two dollars ($1,865,262), based on time and materials, without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. ATTACHMENT 1 310 Balfour Beatty Construction, LLC Page 2 of 19 3.PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Dennis Kuykendall, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5.PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W-9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and as set forth in Exhibit C, based upon actual time spent on the above tasks. This amount shall not exceed one million seven hundred and seventy-six thousand four hundred forty dollars ($1,776,440) plus a contingency of eighty-eight thousand eight hundred twenty-two dollars ($88,822) for a total contract not-to-exceed cost of one million eight hundred sixty-five two hundred sixty-two dollars ($1,865,262) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 311 Balfour Beatty Construction, LLC Page 3 of 19 6.TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7.DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8.LIQUIDATED DAMAGES There are no liquidated damages under this Agreement. 9.OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate 312 Balfour Beatty Construction, LLC Page 4 of 19 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance 313 Balfour Beatty Construction, LLC Page 5 of 19 of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11.INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12.INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13.LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work 314 Balfour Beatty Construction, LLC Page 6 of 19 Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Should the Scope of Services include work that is considered a public work to which prevailing wages apply, the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all applicable terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor, employed by Consultant, who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 14.ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15.UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16.NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 315 Balfour Beatty Construction, LLC Page 7 of 19 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: President Balfour Beatty Construction LLC 13520 Evening Creek Drive North, Suite 270 San Diego, CA 92128 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 316 Balfour Beatty Construction, LLC Page 8 of 19 20.ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21.LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22.VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23.COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24.ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 25.CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 317 Balfour Beatty Construction, LLC Page 9 of 19 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK BALFOUR BEATTY CONSTRUCTION, LLC __________________________________ __________________________________ Troy Brown Brian H. Cahill City Manager President, California Division Attest: __________________________________ Ky Spangler, City Clerk 318 Balfour Beatty Construction, LLC Page 10 of 19 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in 319 Balfour Beatty Construction, LLC Page 11 of 19 addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted or authorized carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or 320 Balfour Beatty Construction, LLC Page 12 of 19 reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8.Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9.Coverage provided by Consultant, with the exception of Professional Liability, shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11.Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. 12.The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial 321 Balfour Beatty Construction, LLC Page 13 of 19 additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 322 Balfour Beatty Construction, LLC Page 14 of 19 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22.Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 323 Balfour Beatty Construction, LLC Page 15 of 19 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Agreements with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Agreement exceed $5,000? x Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ $1,776,440 2. Dollar amount of Subcontract: $ ____________ 3. Does the total contract amount represent compensation for multiple documents or written reports? x Yes  No I have read the foregoing Code section and will comply with Government Code §7550. BALFOUR BEATTY CONSTRUCTION, LLC __________________________________ ______________________ Name: Brian Cahill Title: President Date EXHIBIT C SCOPE OF WORK I. Project and Contract Administration 324 Balfour Beatty Construction, LLC Page 16 of 19 a)Coordinate pre-construction and weekly progress meetings and prepare and distribute agenda and meeting minutes. b)Evaluate the Construction Contractor’s contract schedule for actual versus planned progress and document all scheduling discrepancies and deviations. c)Communicate effectively and coordinate with Construction Contractor and Project Manager as defined below. •Project Manager (PM) – The individual or entity authorized to represent the City of Moorpark for the project. •Construction Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the City of Moorpark to perform proposed improvement project to be determine during advertisement and award of the construction contract. d)Prepare and submit construction monthly progress reports along with monthly Construction Management (CM) payment invoice. Monthly progress reports shall include the following: •Overview of work accomplished, including photos; •Work to be completed the following month; •Updated schedule of work; •Explanations for deviations from the initial schedule; •Explanation of any upcoming risks/problem areas and corrective action to be taken; and •Status of submittals, RFIs, change orders, and claims. e)Review of Construction Contractor’s work for compliance with contract documents, environmental documents, state laws, regulations, etc. f)Review Construction Contractor submittals for compliance with contract documents and coordinate Project Manager and Architect review. g)Review Construction Contractor Requests for Information (RFIs) and coordinate with Architect for resolution and response. Log all RFIs and associated response. h)Review Construction Contractor monthly invoices and recommend payment requests. i)Provide Construction Contractor with acceptability or deficiencies in work and required actions for contract compliance. j)Maintain project document files in the format and location specified by the City. k)Electronic and hard copy project record management and filing using Department’s and/or PM’s systems. 325 Balfour Beatty Construction, LLC Page 17 of 19 l)Preparation and distribution management of various documents, correspondence and submittals. m)Maintenance of tracking logs. n)Review project schedules created with project management software. o)Cost estimation. p)Construction contract change order preparation. q)Preparation and distribution of meeting minutes. r)Review of labor compliance submittals including certified payroll records. s)Tracking of costs and budget. II.Construction Observation, Inspection and Specialty Inspection a)Inspect and observe Construction Contractor’s work daily for compliance with the contract documents. b)Maintain daily inspection reports of work, including photos, descriptions of daily activities, any corrective actions to be taken by Construction Contractor, persons and equipment onsite, and work to be completed the following day(s). c)Review of materials and equipment delivered to site for compliance with submittals and contract documents. d)Coordinate material testing and specialty inspections as required between the Contractor and City’s Specialty Construction Inspection consultant. e)Review of Construction Contractor’s compliance with all permits, stormwater regulations and permits (Stormwater Pollution Prevention Plan (SWPPP)), environmental documents, and mitigation measures. f)Maintain reports of required building permit inspections and signoffs including required corrections and the dates they are completed. g)Review of Construction Contractor’s compliance with health and safety standards and regulations and reporting of non-compliance. h) Monitor record documents to ensure proper maintenance and completion by Contractor. III.Change Order Management 326 Balfour Beatty Construction, LLC Page 18 of 19 a) Coordinate, review, and evaluate potential change orders and cost estimates/quotations. b) Coordinate, review, evaluate, and recommend course of action for contract change order requests and submittals. c) Inspect and evaluate site conditions that are perceived to be different than shown in contract documents. d) Review, gather, and evaluate information for resolution of potential claims or disputes. IV. Constructability Reviews a) Provide services of a senior level Construction Manager to perform constructability reviews of Plan Specifications and Architectural/Engineering submittals. b) Provide Building Information Modeling (BIM) Services. V. Construction Claims Analysis and Support a) Consultant staff providing construction management and support services for a project may be required to retrieve documents, prepare reports and participate in interviews near or after completion of construction as needed to assist the City in resolving claims made by or against the construction Contractor for the project. Provide services of a senior level Construction Manager to analyze and make recommendations for claims resolution. *Providing Expert Witness Testimony is NOT included in the scope of work in this agreement. VI. Specialty Services Coordinate schedule between the Contractor and City provided Surveying Services. VII. Project Closeout and Acceptance Services a) Perform site inspection(s) to determine if facilities are complete and in compliance with contract documents. b) Develop corrective item work lists (punch lists) and inspection of corrective actions performed. c) Recommend retention release to Construction Contractor. 327 Balfour Beatty Construction, LLC Page 19 of 19 d)Verify all O&M Manual submittals as well as spare parts as required by the contract documents. e)Coordinate final submittal of organized and complete record drawings in accordance with contract documents. f)Verify Construction Contractor has made all payments and that all required releases including warranty release, lien release(s), and release of claims have been submitted by Construction Contractor. g)Prepare and submit final construction report. h)Review final payment and release of retention. All items of labor, material and equipment not specified in detail that are incidental to or necessary for the complete construction and project delivery shall be included in the proposal. 328 City of Moorpak New Library - CM Services 8/15/2023 STAFF POSITION Total Estimated Hours Hourly Rate Total Estimated Labor No v - 2 4 De c - 2 4 Ja n - 2 5 Ma r - 2 5 Ap r - 2 5 Ma y - 2 5 Ju n - 2 5 Ju l - 2 5 Au g - 2 5 Se p - 2 5 Oc t - 2 5 No v - 2 5 De c - 2 5 Ja n - 2 6 Fe b - 2 6 Ma r - 2 6 Ap r - 2 6 Ma y - 2 6 Ju n - 2 6 Ju l - 2 6 Au g - 2 6 Se p - 2 6 Oc t - 2 6 No v - 2 6 De c - 2 6 Total Estimated Hours Hourly Rate Total Estimated Labor Project Executive 160 255$ 40,800$ 40 40 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 632 255$ 161,160$ Senior Project Manager 280 225$ 45,000$ 160 160 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 40 40 40 2040 225$ 459,000$ Preconstruction Manager 80 225$ 18,000$ 0 225$ -$ Constructability Reviewer 120 200$ 24,000$ 0 200$ -$ Senior Project Engineer 160 110$ 17,600$ 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 40 40 40 1880 110$ 206,800$ Project Acountant/Administrator 16 85$ 1,360$ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 200 85$ 17,000$ Senior Superintendent 200 190$ 40,000$ 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 20 20 20 3580 190$ 680,200$ Senior Estimator 160 190$ 30,400$ 0 200$ -$ Scheduler 80 145$ 11,600$ 8 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 96 145$ 13,920$ VDC / BIM Specialist 80 120$ 9,600$ 0 0 0 0 0 0 0 120$ -$ ESTIMATED PRECONSTRUCTION SERVICES PROJECTION 238,360$ ESTIMATED CONSTRUCTION SERVICES PROJECTION 1,538,080$ TOTAL ESTIMATED PRECONSTRUCTION AND CONSTRUCTION SERVICES PROJECTION 1,776,440$ NOTES: Balfour Beatty Construction Preconstruction/Bid Services Fees are based on proposed preliminary schedule provided in the RFP for Construction Management (CM) Services and may vary depending on modifications to the project, schedule durations, phasing, agency approval timelines etc. General Conditions and General Requirements will be assigned to the General Contractor. Misc. CM reimbursables can be negotiated as required for the project i.e. temporary CM/City job trailers, furnishings and supplies, temporary toilets, etc. CM BIM Services assume preliminary Clash Detection review, General Contractor will be responsible for full BIM implementation and submission with review by the CM. Construction Period Closeout Exhibit D 329 RESOLUTION NO. 2023-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 BUDGET TO ALLOCATE $93,140 FROM THE CITY HALL IMPROVEMENT FUND (3001) FOR CONSTRUCTION MANAGEMENT SERVICES FOR NEW MOORPARK CITY LIBRARY PROJECT (C0056) WHEREAS, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2023/24 on June 21, 2023; and WHEREAS, a staff report has been presented to the City Council requesting approval of an agreement with Balfour Beatty Construction, LLC, for Construction Management services for the New Moorpark City Library Project (C0056) in the total amount of $1,865,262 which includes a contingency of $88,822; and WHEREAS, a budget amendment in the amount of $93,140 from the City Hall Improvement Fund (3001) is needed to fully fund the agreement; and WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $93,140 from the City Hall Improvement Fund (3001), as more particularly described in Exhibit “A”, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of September, 2023. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler City Clerk Attachment: Exhibit “A” – Budget Amendment ATTACHMENT 2 330 FUND BALANCE ALLOCATION: Fund-Account Number Amount 3001-000-00000-33990 93,140.00$ Total 93,140.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 3001-171-C0056-55300 3,101,899.53$ 93,140.00$ 3,195,039.53$ Total 3,101,899.53$ 93,140.00$ 3,195,039.53$ Fund Title CITY HALL IMPROVEMENT FUND EXHIBIT A BUDGET AMENDMENT FOR CITY HALL IMPROVEMENT FUND (3001) FY 2023/2024 FOR CONSTRCTION MANAGEMENT SERVICES NEW MOORPARK CITY LIBRARY PROJECT (C0056) 331 RESPONSE TO Request for Proposals - CM Services for New Library January 13 , 2023 ATTACHMENT 3 332 Inside OUR PROPOSAL RESPONSE ! A I Cover Letter l._ ____________ 2--.. B I Project Approach & Proposed Scope of Work 5 .----___.( C I Experience and Qualifications .------~( D I Team Organizational Structure .-------____,( E I Estimated Labor Hours ,....._ _____ ~10 I '~--------,14 1,__ ___ ----,1s F I Resumes & Qualifications of Proposed Personnel 16 .---------~( G I Proposed Budget and Fee Schedule l._ _____ 2_2_, .---------------'( H I Conflict of Interest l._ ____ 2__,4 ___________ ____,( I I Terms and Conditions RFP City of Moorpark CM Services New Library Batroor Beatty City of Moorpark CM Services I New Library 1 333 ■ Cover Letter January 13, 2023 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn : Liz Smith, Purchasing Analyst RE: Request for Proposals -CM Services for New Library Dear Ms . Smith, Balfour Beatty 300 E. Esplanade Drive, #1120 Oxnard, CA 93036 p 805 .983 .1558 alert@balfourbeattyus .com www.balfourbeattyus .com We are excited and appreciative to have the opportunity to submit our qualifications for CM Services for the City of Moorpark's long anticipated New Library. Our proposed team, several who were also previously involved with the Ruben Castro Human Services project, will strongly align, partner, and serve the City, numerous stakeholders, and the entire New Library Team with the highest of standards, a strong ethic of care, and professionalism. As you will see in our RFP response, we are one of the top construction management companies in the state of California and across the US. We bring a people-first culture in all that we do, and as a result, we are currently ranked #1 in the construction of educational type facilities by ABC, which include new and modernized libraries throughout California very similar to the City's New Library. We will bring you a localized project approach to serve the needs of your community. Our resources span from offices in Oxnard, Los Angeles/ Orange County and San Diego, to ensure all necessary resources for your project needs are met. In addition to having long-term working relationships with many of Ventura County School Districts and Public Agencies, our team has also completed numerous high-profile developments with the City of Oxnard and County of Ventura . We have chosen a team who is 100% committed and available to dive into the City of Moorpark's New Library. Sharing an ongoing working relationship of over 15 years, our Program Team selected to serve as your Trusted Advisors for the duration of the projects will be led by Dennis Kuykendall as the Project Executive . Dennis will team with Sr. Project Managers Wolf Calderon and Rafael Alamillo who are available to assist with project management and administrative efforts during program planning, bidding and construction . We have also selected Jeff Hammond as the Project Superintendent, and highly-qualified Assistant Superintendent and Project Engineer level staff for further support . In addition to our Program Team, we have ample resources and expertise of nearly 300 construction professionals in Southern California that specialize in the full range of construction services required to complete improvement projects from conceptual planning, estimating and design through construction and closeout. As an integrated team to include City Leadership and Staff, LPA, and the community, we will provide the leadership and utmost value in delivery of the following Scope of Services ; • Assist with Preconstruction Services to include program master planning based upon collaboration and transparent communications, project preconstruction strategies, planning, scheduling and budgets, conceptual and design development collaboration, design constructability and value enhancement studies, document control systems, agency approvals and bid phase management • Assist with Construction Services to include program development and leadership, collaborative communications , active campus project construction oversight and management, District safety expectations, project scheduling, budget controls, document control and project closeout and warranty management Our Balfour Beatty Program Team, supported by state-of-the-art management and document control programs, will provide the District with the expertise, leadership and best practices necessary to develop, manage and complete the assigned scope of work on time, safely, and efficiently within an occupied campus setting . Thank you for this opportunity! We look forward to further discussing our project approach, recommendations, solutions, and anything further you would like us to expand upon for the successful completion of the City of Moorpark New Library. If you should have any further questions or require any additional information, please feel free to call us any time per the contact information provided . Sincerely, ;(,/if p: 858 .531.2010 300 E. Esplanade Drive, #1120 Oxnard, CA 93036 John Bernardy I Executive Vice President/ Business Unit Leader, California Division Authorized to negotiate and bind the firm contractually. Please see following page for Acknowledgment of Addendum* Batroor Beatty City of Moorpark CM Services I New Library 2 334 A I Cover Letter Acknowledgment of Addendum CITY OF MOORPARK PARKS, RECREATION&: COM\HNJTY SERVICES DEPT. I 799 Moorpark Avenue. !vloorpark. CA 93021 Main Cily Phom'. ~umber (SOS) '.517 -6200 I Fax (805) 532 -2S50 : mourpar!,<a}moorparkca.gov January 10, 2023 ADDENDUM NO. 1 for Request for Proposals Construction Management Services -New Library NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows : RESPONSE TO FORMAL INQUIRIES: 1. 2. 3. Batroor Beatty Q: Exhibit B of the RFP indicates that all "Professional Services Agreements with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports". The attached form then requests that we include the dollar amount of the contract, subcontract, and a check box for multiple documents or reports. This is highly unusual, and could pose significant challenges given that nearly all work product related to Construction Management could be considered "a report". However, in reviewing Govt. Code Section 7550 {2) it states "'written report' means a document that a statute requires to be prepared and submitted to the Legislature, the Governor, or any state legislative or executive body" Please confirm that Exhibit B only applies to reports as defined in Section 7550 (2) "Written Reports". A: Confirmed. Q: A: Q: Please confirm the Construction Manager is not responsible for labor compliance monitoring. Will the City have a separate labor compliance consultant? The City is looking for a construction management firm to manage all aspects of the process. Labor compliance mon;toring can be provided by the selected firm in~house or through a subcontract with a consultant. Following selection of a Construction Management firm, has the City considered the method for selection of a General Contractor i.e.; Single GC delivery or Multiple Prime Contractor delivery? A: Project delivery will be though a single General Contractor. City of Moorpark CM Services I New Library 3 335 A I Cover Letter Acknowledgment of Addendum Addendum No . 1 -CM RFP Page2 4. Q: The RFP does not appear to indicate a scheduled pre~proposal conference and/or job walk, please confirm or advise if a conference/job walk will be considered and scheduled A: There is no pre-proposal conference. This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price proposal and no additional compensation will be allowed therefore . Jeremy Laurentowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City's RFP administrator, Liz Smith at purchasing@moorparkca.gov. The time period for requests for clarification or correction has expired. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO LIZ SMITH AT PURCHASING@MOORPARKCA.GOV AND INCLUDE WITH PROPOSAL. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Balfour Beatty Construction, LLC. Authorized Representative:,_J_o_h_n_B_e_r_na_r_d-=--y~f-f7fflfLf'------------- Batroor Beatty City of Moorpark CM Services I New Library 4 336 II Project Approach and Proposed Scope of Work (Appendix B) Design, Value Engineering, and Project Assistance Balfour Beatty is in agreement with the Scope of Services as outlined in the RFP. However should opportunities arise which wou Id enhance the Scope of Services to the benefit to the Project, our Project Team collectively with the City and Design Team, is more than happy to implement. With a long list of successful projects completed in partnership with LPA, we know the City has selected a well qualified and responsive Project Architect and we look forward to integrating our Preconstruction Services outlined below with the LPA team with an eye on minimizing an impact to the current pace of the Project. in these workshops because we identify as builders first and foremost, and we can employ our vast construction experience on recent and current projects in Southern California . Value enhancement suggestions will be generated and submitted for approval to ensure that the projects remain within budget while meeting goals of the City and stakeholders . We will prepare lifecycle cost reduction strategies by analyzing comparative product and construction methods and tallying total ownership costs . SITE EVALUATION AND ANTICIPATED SITE By working together from day one, we will begin to develop and agree on the best solutions for the City and will cut back on any CHALLENGES -We understand and are familiar with the inefficiencies throughout the process . location of the Project and it's importance as the first project in the City's Civic Center Master Plan development. From our prior involvement with the Ruben Castro Human Services project our Team is fully aware of the area's significant potential for liquefaction that will require remediation prior to site building construction . We expect remediation criteria may require subgrade soils stabilization consisting of a layer of large diameter rock and/or geogrid and gravel prior to placing fill, or specialized soils stabilization and/or foundation design . PLAN REVIEW, CONSTRUCTABILITY -Based upon project timelines indicated in the RFP information we anticipate LPA has progressed well into construction document production, as such we will develop our multi discipline plan review and constructability program referenced in a following section to best align with their processes, document production milestones and project schedule expectations . VALUE ENGINEERING -Value engineering is an opportunity to enhance each project with the best solutions that ensure your program remains within budget while meeting and exceeding goals for function and aesthetics. One of the best ways to maximize the power of Value Engineering is to leverage the vast knowledge of the extended project team through Value Engineering workshops . Balfour Beatty's value engineering and enhancement workshops focus on cost reduction strategies by analyzing comparative products or construction techniques to lower costs, while maintaining construction qua I ity and design intent. We are strong participants Scan or click the OR code to read about how we saved Glendale USO $1M+ through value engineering at College View School! Batroor Beatty City of Moorpark CM Services I New Library PROJECT PERMITTING ASSISTANCE -Applying our past experience with City of Moorpark, our Team will leverage established relations with all City Departments including but not limited to; the City Manager's Office, Community Development, Parks, Recreation and Community Services, Public Works, City Engineer, Public Safety, Finance and Library Services, to insure all necessary permitting steps are satisfied . ADDITIONAL PRECONSTRUCTION SERVICES -In addition to the services outlined above, we expect to apply the following necessary services ahead of start of construction in collaboration with City Staff and the Design Team : • Master Budgeting Development • Preliminary and Detailed Estimates • Milestone and Detailed Construction Schedule Development • Project Scoping • Bidding Strategies and Bid Package Development • Bidder Outreach • Trade Contractor Prequalification • Bid Process including, Plan and addenda distribution Pre- Bid Conferences, response to Bidder inquiries • Bid Evaluation, Review and Recommendations • Assist with Notice of Awards and Notices to Proceed 5 337 B I Project Approach and Proposed Scope of Work (Appendix B) Building Information Modeling (BIM) With a multi-international award-winning Building Information Modeling (BIM) and Virtual Design and Construction (VDC) team, it's safe to say Balfour Beatty is a recognized leader! As a testament to our expertise, we were awarded the AIA National BIM Excellence Award . Utilizing BIM within our design and construction processes has improved our ability to deliver high-quality projects on time and within budget. We work closely with the design team and subconsultants with interdisciplinary coordination, design visualization, systems integration, clash detection, construction planning, and overall execution. On each project, it's our standard practice to use BIM for 30 Design/Trade Coordination, 40 Scheduling and 50 Cost Modeling . With the integration of cost and schedule information built directly into the model, we can provide real-time information on design options and decisions on systems or materials to make informed decisions with confidence . Balfour Beatty has found that BIM's greatest benefit to our construction efforts is the ability to identify and resolve physical conflicts between building systems before construction starts . Utilizing the "clash detection" capabilities, we solve practically all of the trade conflicts in a virtual realm, instead of in the construction realm, where they delay the schedule and impact the budget. This enables us to produce higher quality construction documents resulting in more aggressive pricing from our subcontractors and minimizing any Batroor Beatty contingencies for unknown or unclear information in the plans and specifications . City of Moorpark CM Services I New Library During construction, we continue to maintain the model incorporating any changes during construction, including unforeseen conditions, design changes, or other information not identified prior to construction to provide a complete model of as-built conditions. In addition, the shop drawing production and review process is streamlined, submittals are produced directly from the modeling process, and record documents at the completion of the project reflect what was actually built. 6 338 B I Project Approach and Proposed Scope of Work (Appendix B) Contractor Pre-qualification A competent, experienced, safe and financially stable pool PROJECT ACCOUNTANT/ ADMINISTRATIVE ASSISTANT - of Trade Contractors is an essential key to the success of the will be responsible for tracking of certified payroll requirements project. To insure the Project is serviced by qualified Trade and assist trade contractors with DIR/LCP responsibilities, Contractors our Team will work with City Staff, City's Economic gather, verify and package trade contractor payment packages in Development team and other necessary stakeholders to further compliance with the City's accounting systems insuring proper develop a Contractor prequalification criteria, and/or adopt the tracking of preliminary reports, payment releases, insurance reviews and tracking as well as assisting with program and City's existing prequalification process. The prequalification system is developed in collaboration with the City to establish minimum expectations for all levels of project delivery. The goal here is to ensure we are bringing contractors that will best serve the City and the project, and that will provide quality, timely, and competitive pricing . Implementation Plan-Project and Contract Administration Our Project Team has been selected specifically for their expertise in administration of construction contracts, management of public works improvement programs in the most effective and efficient manner possible and previous experience working with project document controls . We will also maintain support on an as needed basis from our expert in house teams to assist with Preconstruction , Bidding, BIM, Environmental, Scheduling, Estimating and Accounting services . Additional on-site support will be added to the core team on an as need basis . Construction Observation, Inspection and Specialty Inspection In addition to Project Team responsibilities outlined in the preceding Project and Contract Administration section, our Project Team will insure the following expectations are adhered the City of Moorpark. Our team is local to Ventura County and to : have worked together for more than 15 years! • Inspect and observe Construction Contractor's work daily for compliance with the contract documents. EXECUTIVE LEADERSHIP -will be responsible for management and oversight of the Project and Project Team program. and will be your lead liaison with all City administration offices, City Council, City staff and other Stakeholders PROJECT MANAGER(S) -will be responsible for day-to-day oversight of the Project assisting with project development, architectural assistance, scheduling, budget control, project document controls, field operations, trade contractor meetings, review and coordination of RFl's, monthly trade contractor invoices, administrative oversight and reporting, construction monthly reports and will ensure proper project closeouts . PROJECT SUPERINTENDENT(S) -will be responsible for day-to-day trade contractor coordination, field operations, schedule adherence, compliance with contract documents, SWPPP oversight, trade contractor safety compliance, City and Specialty Inspection adherence, daily reports of progress and field issues, QA/QC adherence and project closeout assistance . PROJECT ENGINEER(S) -will be responsible for assisting the entire team with document controls, RFI and submittal routing and log maintenance, meeting minute maintenance and distribution, project administration and closeout assistance . Batroor Beatty City of Moorpark CM Services I New Library • Maintain daily inspection reports of work, including photos, descriptions of daily activities, any corrective actions to be taken by Construction Contractor, persons and equipment onsite, and work to be completed the following day(s). • Review of materials and equipment delivered to site for compliance with submittals and contract documents . • Coordinate material testing and specialty inspections as required between the Contractor and City's Specialty Construction Inspection consultant. • Review of Construction Contractor's compliance with all permits, stormwater regulations and permits (Stormwater Pollution Prevention Plan (SWPPP)), environmental documents, and mitigation measures . • Maintain reports of required building permit inspections and signoffs including required corrections and the dates they are completed . • Review of Construction Contractor's compliance with health and safety standards and regulations and reporting of non-compliance . • Monitor record documentsto ensure proper maintenance and completion by Contractor. 7 339 B I Project Approach and Proposed Scope of Work (Appendix B) Change Order Management In the event a Change Order is necessary, our team will assist the City and the Architect in evaluation and validity of requests by a Contractor for issuance of Change Orders and/or expenditures of allowance . It is our process to assist in negotiations with Contractors relative to Change Order proposals and the adjustment of Agreement price or Agreement time . Balfour Beatty will make written recommendations to the City and the Architect for handling and disposition of the Contractor's proposals relative to Change Orders. Our evaluation will follow a set evaluation process for entitlement: • Confirmation of response to project field directives and request for change proposals for deleted or added scope • Review and validation of labor and material costs • Conformance with project general and special conditions stipulating cost break down expectations as well as markup allowances for both the general and sub trade contractors . Review and validation of critical path contract time impacts and potential recovery options • Review of alternate options that may provide same or better value at reduced cost and time impact • Evaluation of impact on project contingency If a Contractor requested change to the Agreement is determined acceptable by our Team and the Architect and authorized by the City, Balfour Beatty will assist the City and the Architect in value is delivered to the City of Moorpark. We will also include detailed cost estimates and value engineering options to help control the City of Moorpark budgets . Working weekly with the design teams and City representatives to communicate the required construction documents and the importance of the constructability review as a team to bring consistency and clarity to ensure all the coordination of the design consultants, schedule, and phasing are consistent throughout the bid documents. As a Relentless Ally to City of Moorpark, we always look for opportunities for project savings based on methods and processes . We will work with your City Staff to leverage several lean techniques (value engineering included) and will include detailed cost estimates and VE options to help control the City's budget. Along with the review of the design for the finished product, we review the intangibles associated with the building process, including site conditions, schedule, and safety issues that may not appear on the construction documents, but will nonetheless have an impact on the overall project cost. Working weekly with the Architect, Contractor, and City representatives to communicate the required construction documents and the importance of the constructability review as a team to bring consistency and clarity to ensure all the coordination of the design consultants, scheduling, and phasing are consistent throughout the bid documents. the preparation of a Change Order reflecting such approved or Continuous and collaborative constructability reviews during authorized change to the Agreement. the design and planning stages are key -critical factors to Constructability Reviews Balfour Beatty's in-house staff led by our dedicated Preconstruction Services Department and the Project Team will perform thorough constructability reviews of design documents . We will assess the documents alongside the architect and selected contractor for biddability, operability, maintainability, and buildability, as well as validation of the design so that the needs of the City of Moorpark are being met, and that the Library building is efficient with respect to aesthetics, function and adherence to the budget. During constructability coordination and review of subconsultant drawings we will clearly identify other subconsultant's work to ensure the right invert elevations, structural matches architectural dimensions etc ., perform extensive value engineering utilizing current cost data analysis for various materials and cost comparisons of materials to ensure the best Batroor Beatty City of Moorpark CM Services I New Library the success of every project. It will be critical to develop a collaborative constructability review effort with the Architect during the development of the Construction Documents and incorporate our 30 modeling and BlueBeam Studio efforts to focus on the following items : • Reasonableness of work sequence • Effectiveness and correctness of construction details • Integration of plans and specifications • Coordination of contract documents (plans and specifications) • Omissions and ambiguities • Adequacy of lead time for material and equipment procurement • Jobsite description and depiction of conditions • Site restrictions and adequacy of access, work areas and disposal sites 8 340 B I Project Approach and Proposed Scope of Work (Appendix B) Construction Claims Analysis and Support develop lists of incomplete or unsatisfactory work ("Punchlists"). coordinate submittal of and confirm transmission of necessary reports. and ensure that all of the Project participants submit The purpose of our position as the City's Construction Manager is necessary closeout documentation. to protect the City from any potential claim . With application of During the course of project construction. our Program Team each of our management processes and collaborative approach the potential of a contractor claim is greatly reduced . Should all efforts to work with project partners fail and a claim is pursued. our Program Team will diligently defend the City's exposure with vigorous review of the bases of claim while providing options and solutions which may be offered as a resolution prior to claim escalation . will pre-walk all completed areas of work and perform a 'pre- punch' to minimize any issues at project completion. providing a smooth and quick closeout of construction. We will oversee all trade contractors throughout the resolution of the official punch list. With the project team personnel. we will observe the trade contractors checkout of utilities. operational systems. and equipment for readiness. and we will assist in the initial start up Balfour Beatty will provide review. evaluation. and processing and testing . Final inspections will be conducted and sent to the of claims asserted by the selected contractor and make written architect for approval and transmitted to the project team . recommendations to the City as to merit. handling, and disposition Before our team considers the project complete, we wi 11 ensure of the contractor's claims . Our analysis will include potential completion of Punchlist work. coordinate contractor closeout impacts on project costs and schedule and recommendation for negotiation strategies to mitigate claims . Specialty Services and Surveying Services Our Project Team will work closely with the City Staff to effectively and efficiently coordinate schedule between the Contractor and City provided Specialty and Surveying Services. Project Closeout and Acceptance Services requirements. including guarantees. keys, manuals. as-built drawings, record drawings, daily logs, and verified reports. set up programs to obtain and monitor warranty work, advise City staff of systems operations and training provided by contractor. and prepare a report advising on closeout of project including all costs and finalization of all change orders. Following project closeout and filing of a NOC. our Program Team will track the performance of the building and quality of craftsmanship after the project is occupied . We will remain in close contact with the City and maintenance staff that are responsible for the building to ensure the project is performing With the end of the Project in mind. our Project Team will work as intended . with the trade contract partners to ensure that they are aware of obligations regarding comprehensive as-builts, warranties , As part the process. we conduct an 11-month walk-through of the operations. maintenance documents. extra stock. final lien entire project to check on the various systems and components releases. ongoing and final DIR reporting adherence as well as of the project to ensure everything is functioning appropriately all other requirements necessary for proper recommendation of with any adjustments required prior to any warranty items Notice of Completion . Additionally, our team will evaluate and expiring . We check doors and windows. security systems. process change order requests. evaluate and track requests for intercoms, mechanical and electrical systems, computers and information ("RFI") and responses, advise the City as to status AV equipment. irrigation systems. and many other components and criticality of RFl'S. work with the Architect and City teams to of the project with a detailed checklist to document the process. Batroor Beatty City of Moorpark CM Services I New Library 9 341 ■ Experience and Qualifications History of the Firm WHO WEARE Founded in 1933, Balfour Beatty is an industry-leading provider in the US of General Contracting, CM Agency, At- Risk Construction Management, and Design-Build services for public and private sector clients across the nation . Nationally, Balfour Beatty is consistently ranked among the nation's largest building contractors, by Engineering News-Record . Currently, we are ranked as ABC's 1st educational builder nationwide . We are consistently ranked as one of the Top Builders by the Orange County Business Journal. The California Division of Balfour Beatty was founded locally by the predecessor Douglas E. Barnhart, with the San Diego office opening in 1983. In June 2008, Barnhart Inc . was acquired by Balfour Beatty Construction . To this day, we retain local offices and connections with our clients and the communities where we live work and play. We now have the history, expertise, and capabilities of an international firm . THE EDUCATIONAL FACILITY AND PUBLIC AGENCY SPECIALISTS During our 40 years of building Southern California communities, we have partnered with more than 115 K-12 districts and Public Agencies, delivering over $6B of educational and public agency work, of which $2 .5B projects delivered under the lease-leaseback delivery method . Dennis Kuykendall Project Executive p. 805 .57 4.9131 e.dkuykendall@balfourbeattyus .com • Your Partner in Ventura! LOCAL OFFICE 40 years K-12 & Public Agency experience 20 miles from Moorpark 310 employees in CA LOCAL OFFICE TO PERFORM SERVICES / Balfour Beatty Construction, LLC •• • 300 E. Esplanade Drive, #1120 Oxnard. CA 93036 p 805 .983.1558 I f 805 .983 .7249 alert@balfourbeattyus .com Batroor Beatty City of Moorpark CM Services I New Library 10 342 C I Experience and Qualifications Rio del Sol K-8 STEAM Academy RIO SCHOOL DISTRICT CLIENT AND LOCATION Rio School District 1800 Solar Drive , Oxnard , CA 93030 DESCRIPTION OF CONSTRUCTION PROJECT Balfour Beatty provided CM Multi-Prime services for this new 900-student K-8 campus, which provides an unprecedented educational experience . The project features 78,000-square-feet of new construction including classrooms with STEAM Centers, a Library, an Administration facility, and multi-purpose facilities . Outdoor environments are designed to function as classrooms, drawing on the nearby river and storm water management structures as sources of study inspiration. NAME OF PROJECT ARCHITECT Architecture of Education Inc . CONSTRUCTION START DATE 6/1/2017 COMPLETION DATE 8/7/2020 CONSTRUCTION VALUE $3,163,866 CMS CONTRACTVALUE $3 ,13,866 SCOPE AND ROLE IN PROJECT Managed project as the General Contractor CLIENT REFERENCE Dr. John Puglisi , Superintendent p: 805.485 .3111 I e: jpuglisi@rioschools .org KEY PERSONNEL INVOLVED-Refer to Section F for details Dennis Kuykendall, Project Executive Marv Fav Pendleton Elementarv School FALLB Fffi OK UNION ELEMENTARY SCHOOL DISTRIC1 CLIENT AND LOCATION Fallbrook Union Elementary School District 321 Iowa St, Fallbrook, CA 92028 DESCRIPTION OF CONSTRUCTION PROJECT The Mary Fay Pendleton School is a K-8 school in the Fallbrook Union Elementary School District. This project consists of nine total buildings that amount to approximately 95 ,000-square-feet. There are single and two-story classroom buildings, a Library, administration building , media center, music room, food service kitchen , locker rooms and multi-purpose room . NAME OF PROJECT ARCHITECT RNT Architects Batroor Beatty City of Moorpark CM Services I New Library CONSTRUCTION START DATE 9/3/2019 COMPLETION DATE 12/3/2021 CONSTRUCTION VALUE $5,298,156 CMS CONTRACT VALUE $5,441,722 SCOPE AND ROLE IN PROJECT Managed project as the General Contractor CLIENT REFERENCE Bryson Bickler , Director, Facilities p: 760.731 .5408 I e: bbickler@fuesd.org KEY PERSONNEL INVOLVED-Refer to Section F for details N/A 11 343 Del Sol Hi!!h School Camr us OXNARD UNIFIED'HIGH SCHOOL DISTRIC CLIENT AND LOCATION Oxnard Unified High School District 1800 Solar Drive, Oxnard, CA 93030 DESCRIPTION OF CONSTRUCTION PROJECT The new Oxnard High School campus provides all new Classroom buildings, Library, Media, Performing Arts, Gymnasium, and Multi- Purpose Building. The project also consists of a full track and field stadium, Varsity/ Junior Varsity baseball and softball fields, soccer field, and future pool building . Out of the 52 acres, 10.5 acres are designated as community joint use. The existing barn on site has historic value to the community and is preserved and relocated at the northwest corner of the site near the agricultural field . NAME OF PROJECT ARCHITECT WLC Architects Batroor Beatty City of Moorpark CM Services I New Library C I Experience and Qualifications CONSTRUCTION START DATE 10/30/2020 COMPLETION DATE 6/14/2024 (Expected) CONSTRUCTION VALUE $178,000,000 CMS CONTRACT VALUE $178,000,000 SCOPE AND ROLE IN PROJECT Managed project as the General Contractor CLIENT REFERENCE Dr. Thomas McCoy , Superintendent p: 805 .385.25271 I e: thomas.mccoy@oxnardunion .org KEY PERSONNEL INVOLVED-Refer to Section F for details Dennis Kuykendall, Project Executive Emily Kay, Vice President, Operations Celeste Cuello, Sr. Project Engineer Balfour Beatty + ■ A TRUSTED PARTNERSHIP 29+VEARS Balfour Beatty+ LPA Architects Relationship 16PROJECTS Education projects completed with together 12 CM SERVICES Projects Completed Together 12 344 345 II Team Organizational Structure Meet Your Core Team The extent of our success is not only measured by the projects we build, but most importantly by the quality of our personnel. We consider our award-winning staff to be our greatest asset, and we continuously strive to educate and empower our teams with the most valuable trainings and tools available. We have carefully selected a project team based on their relevant project experience with LPA, Inc, and their proven success working together. In turn, this provides the leadership, responsibility and dependability of a team that-once again -the City of Moorpark can count on! Eliminating all learning curves, we've proposed an expert team that possesses the knowledge, experience, and character to get your project done safely and with the highest quality! Balfour Beatty is a full-service firm and will not be hiring subconsultants to complete the City of Moorpark New Library Project. Balfoor Beatty Balfour Beatty ~~J Emily Kay f, ~ Executive VP ~ '1 ,~ Scheduling Safety Environmental Sustainability Precon/Esti mating City of Moorpark CM Services I New Library Years of Combined 15 5 + Experience Among Project Team Members 100% LPA A Ii Dennis Kuykendall Project Executive ~ Strategic Procurement BIMNDC Accounting Supplier Diversity/Outreach Local Team Committed to the Moorpark City Library Project 14 346 II Estimated Labor Hours Please reference Section G -"Proposed Budget and Fee Schedule" for estimated Labor Hours and Fee Schedule Batroor Beatty City of Moorpark CM Services I New Library 15 347 II Resumes and Qualifications of Proposed Personnel Emily Kay has been focusing on local K-12 construction and DSA projects for the last 19 years of her 29 year career. Having constructed both new school campuses and modernizations, Emily has a clear understanding of the need for timely and decisive action, along with the critical importance of communicating with the Client and Consultants. PROJECT ROLE As Vice President, Emily will ensure the team is properly supported by Balfour Beatty's award-winning, in-house resources/talent. She has overall responsibility for contracts, safety, quality control, personnel, and financial aspects of the project. She will ensure the team delivers on all promises and exceeds all expectations to the fullest. RELEVANT PROJECT EXPERIENCE CITY OF MOORPARK RUBEN CASTRO HUMAN SERVICES CENTER Balfour Beatty provided construction management services of multi-prime contractors for this $9 .8 million service center named after the infamous Ruben Castro, in Moorpark, California . The 25,000-square- foot center is comprised of two single-story buildings consisting of a county health service clinic and an administration/service center. The health clinic includes private offices, patient exam rooms, conference center, a community break area, and all associated clinical spaces/rooms. Construction included sustainable construction practices and as well as incorporating energy savings materials such as: low-e window glazing, high efficiency HVAC systems, and energy saving lighting fixtures . Role: Vice President, Operations Vear Work was Completed: 2012 Employer: Balfour Beatty OXNARD UHSD DEL SOL HIGH SCHOOL CAMPUS New $200M high school campus (8 buildings) with all new classroom buildings, Library, media, performing arts, gymnasium, and multi-purpose building . Also consists of a full track and field stadium, baseball and softball fields, soccer field, future pool building and significant city street enhancements . Role: Vice President. Operations Vear Work was Completed: In Progress Employer: Balfour Beatty MANHATTAN BEACH USO GRANDVIEW ES ADDITIONS AND MODERNIZATION This active project includes modernization and installation of a new two-story modular building, and construction of new three-story MPR/Admin Building . Project scope includes foundation/utilities/grading for placement of two-story Silvercreek modular building; construction of new MPR/Admin Building . Role: Vice President. Operations Vear Work was Completed: In Progress Employer: Balfour Beatty Batroor Beatty City of Moorpark CM Services I New Library EDUCATION/ CERTIFICATIONS • B.S. Construction Management, University of Nebraska Lincoln • Certifi ed Construction Contract Administrator (CCCA) • LEED Accredited Professional, AP EXPERTISE {PM\ ~ LOCAL EXPERIENCE PM/CM SERVICES LIBRARY FACILITIES PRECON SERVICES VALUE CONSTRUCTABILITY ENGINEERING 16 348 F I Resumes and Qualifications of Proposed Personnel Dennis Kuykendall has over 36 years of experience in the construction industry, as well as experience in the architectural field . Dennis brings the City of Moorpark a unique understanding of the design process combined with proven leadership, strong management skills, and the ability to effectively communicate at all levels of project planning and construction. PROJECT ROLE As the Project Executive, Dennis will spearhead collaboration and efficiency throughout the life of the project. He will support the team, ensuring they meet and exceed all district expectations related to cost, schedule, customer service, and quality-delivering a successful project the City of Moorpark can be proud of! RELEVANT PROJECT EXPERIENCE CITY OF MOORPARK RUBEN CASTRO HUMAN SERVICES CENTER Balfour Beatty provided construction management services of multi-prime contractors for this $9 .8 million service center named after the infamous Ruben Castro, in Moorpark, California . The 25,000-square- feet center is comprised of two single-story buildings consisting of a county health service clinic and an administration/service center. The health clinic includes private offices, patient exam rooms, conference center, a community break area, and all associated clinical spaces/rooms . Construction included sustainable construction practices and as well as incorporating energy savings materials such as: low-e window glazing, high efficiency HVAC systems, and energy saving lighting fixtures . Role: Project Executive Year Work was Completed: 2012 Employer: Balfour Beatty OXNARD UHSD DEL SOL HIGH SCHOOL CAMPUS Balfour Beatty staff provided CM Agency services for the new 15,000-square-feet community park located in Moorpark, CA. The park features play structures, water saving/retention elements, roadway buffers and undergrounding of SCE/phone/cable services along park frontage . Role: Project Executive Year Work was Completed: In Progress Employer: Balfour Beatty RIO SCHOOL DISTRICT RIO DEL SOL K-8 STEAM ACADEMY The project features 78,000-square-feet of new construction including classrooms with STEAM Centers , a Library, an Administration facility, and multi-purpose facilities . This new 900-student K-8 campus provides an unprecedented educational experience . It features student-centered, transdisciplinary, project-based learning environments, including details that allow the space to evolve alongside the curriculum . The campus design includes many high- performance sustainable features . Role: Senior Project Manager Year Work was Completed: 2020 Employer: Balfour Beatty Batroor Beatty City of Moorpark CM Services I New Library EDUCATION/ CERTIFICATIONS • Associate Certificate, Architectural Drafting, Phoenix Institute of Technology • Extended Learning Construction Management, Cal Poly Pomona • Safety Trained Supervisor (STS) EXPERTISE {PM\ ~ LOCAL EXPERIENCE PM/CM SERVICES LIBRARY FACILITIES PRECON SERVICES VALUE CONSTRUCTABILITY ENGINEERING 17 349 F I Resumes and Qualifications of Proposed Personnel With over two decades of on-site construction experience, Wolfang is a proven leader and one of our most experienced Senior Project Managers . In his role, Wolfang will leverage his knowledge of lean construction processes throughout the project while working in unison with the construction team, design team, district, and all project stakeholders -ensuring continuity throughout the entire project. PROJECT ROLE Wolfang will work directly with your design team and our award-winning preconstruction team to prepare and monitor all costs involved in developing the GMP, constructability and value engineering, schedule development, bids, contract writing and administration . He will be responsible for direct jobsite management, DSA, change orders, submittals, and design coordination -ensuring the City of Moorpark's satisfaction at all times! RELEVANT PROJECT EXPERIENCE TORRANCE USO WEST HIGH SCHOOL TORRANCE USO $500M BOND MODERNIZATION PROGRAM Balfour Beatty provided campus improvements including new windows, fire alarm, lighting replacement and ADA upgrades. This project also included alterations and modernization to an Administration building, Library, five classroom buildings, Gymnasium, and Multipurpose room. Role: Senior Project Manager Year Work was Completed: 2018 Employer: Balfour Beatty SIMI VALLEY USO ROYAL HIGH SCHOOL MODERNIZATION Royal High School was first constructed in 1968. The District is contemplating the following projects at Royal High School : MPR renovations, locker room upgrades, new 12,000-square-feet classroom building, quad renovations, field renovations and lighting, classroom and building renovations, and MPR plaza renovations. Role: Senior Project Manager Year Work was Completed: In Progress Employer: Balfour Beatty Program Management for over $500M bond that featured over 70 construction projects on 29 school sites, most notably including: • Bert Lynn MS • Richardson MS • Calle Mayor MS • West HS • Madrona MS Courtyard • Magruder MS Modernization • South HS • Torrance Aquatic • North HS Center • Edison ES • Torrance 2020 • Lincoln ES Surplus Funds • Carr ES • Torrance USO • Yukon ES 2019 Summer • Jefferson MS Projects • Casimir MS Role: Vice President, Operations Year Work was Completed: 2021 Employer: Balfour Beatty Batroor Beatty City of Moorpark CM Services I New Library EDUCATION/ CERTIFICATIONS • B.S. Civil Engineering, Pontifical University Javeriana, Bogota, Colombia • OSHA 30-Hour Training • First Aid/CPR Training EXPERTISE ®®~ LOCAL EXPERIENCE PRECON SERVICES PM/CM SERVICES LIBRARY FACILITIES VALUE CONSTRUCTABILITY ENGINEERING 18 350 FI Resumes and Qualifications of Proposed Personnel Rafael is an accomplished Project Manager who brings over 25 years of experience to our project team . He has been known to be the organizational backbone of his teams through his expertise of time and cost management and program management. PROJECT ROLE As Project Manager, Rafael will be the daily point of contact, providing connection from conceptual planning and design through construction and closeout. He will work closely with you to develop the metrics and values that will lead the design, work with the integrated team on targets for cost, schedule, and quality, manage the overall design and construction process, and develop a well-defined GMP prior to start of construction . Other key functions will be staying ahead of the curve on issues, identifying, assessing, and mitigating risk through collaborative discussions and planning, design schedule management ensuring the right information is available in order to plan the work and work the plan, which will ensure the flow of information. RELEVANT PROJECT EXPERIENCE HUENEME ES MEASURE B FACILITIES IMPROVEMENT BOND PROGRAM CITY OF OXNARD CIVIC CENTER DEVELOPMENT SERVICES CENTER This project features a service center, fire administration building with an emergency EDUCATION/ CERTIFICATIONS • B.S. Civil Engineering and Construction Management California Polytechnic State University, Pomona • OSHA 30 Our firm provides Program and Construction management services for the District's Bond Facilities Improvement Bond Program . The scope includes overall program management and oversight for modernization of 11 District campuses to improve aging infrastructure and increase energy efficiency, upgrade technology infrastructure, improve learning and support areas, improve kitchens to promote healthy eating, and whole campus site security fencing upgrades . operations center. council chambers. public • zero Harm Safety Training lobby, and associated landscaping and ground • First AID/CPR work . The building was partially demolished and Role: Senior Project Manager key elements, such as the existing structural system and floor slab, as well as recyclable/ EXPERTISE reusable materials were salvaged for the reconstruction . The structure was designed and ® constructed to achieve LEED Silver certification . Q Role: Senior Project Manager {PM\ ~ Vear Work was Completed: In Progress Employer: Balfour Beatty Vear Work was Completed: 2008 LOCAL Employer: Balfour Beatty EXPERIENCE ;~~I~~ LIBRARY FACILITIES CITY OF OXNARD SOUTH LIBRARY New $1 OM Library branch completed 2007 replaces an older one next door inside a city community center. At 23,000 square feet, the new branch is nearly six times the size of its predecessor. It offers 80,000 books, half of them new. The branch also stocks nearly 50 periodicals and scores of DVDs and books-on- tape selections. Seventy-five computer terminals with Internet access are sprinkled throughout the building, including 31 in a homework center where students can network with tutors. Role: Project Manager. Owner Representative Year Work was Completed: 2007 Employer: City of Oxnard Batroor Beatty City of Moorpark CM Services I New Library PRECON SERVICES VALUE CONSTRUCTABILITY ENGINEERING 19 351 F I Resumes and Qualifications of Proposed Personnel Jeff is an experienced Superintendent committed to meeting all project deadlines while ensuring the safest environment. He's trustworthy, focused, confident in his work, and a true problem solver. Jeff brings a passion for building coupled with a strong, local resume of K-14 projects and Public Works projects . PROJECT ROLE As your Superintendent, Jeff will oversee all field operations, engaging and communicating daily with our trade partners, conduct pull-planning sessions, safety meetings, ensure schedule milestones are met, implement Balfour Beatty's Zero Harm safety program, and quality control. He will actively engage with the City, architect, and the team during preconstruction, developing the project budget and schedule to ensure your project is delivered on time, within budget, and exceeds your goals -with the highest focus on student safety. RELEVANT PROJECT EXPERIENCE CITY OF MOORPARK RUBEN CASTRO HUMAN SERVICES CENTER Balfour Beatty provided construction management services of multi-prime contractors for this $9 .8 million service center named after the infamous Ruben Castro, in Moorpark, California. The 25,000-square- feet center is comprised of two single-story buildings consisting of a county health service clinic and an administration/service center. The health clinic includes private offices, patient exam rooms, conference center, a community break area, and all associated clinical spaces/rooms. Construction included sustainable construction practices and as well as incorporating energy savings materials such as : low-e window glazing, high efficiency HVAC systems, and energy saving lighting fixtures . Role: Superintendent Vear Work was Completed: 2012 Employer: Balfour Beatty CITY OF OXNARD CIVIC CENTER DEVELOPMENT SERVICES CENTER This project features a service center, fire administration building with an emergency operations center, council chambers, public lobby, and associated landscaping and ground work. The building was partially demolished and key elements, such as the existing structural system and floor slab, as well as recyclable/reusable materials were salvaged for the reconstruction . The structure was designed and constructed to achieve LEED Silver certification . Role: Superintendent Vear Work was Completed: 2008 Employer: Balfour Beatty CITY OF LOS ANGELES LAKE VIEW TERRACE LIBRARY This project includes a library, a community room, an environmental display gallery, and an exterior courtyard . The building plan responds to the desire expressed by the community to have a library that reflects the rancho tradition of the region, with interior spaces organized around an open central courtyard . Awarded AIA Committee on the Environment Top Ten Projects in 2004 . Role : Project Manager Vear Work was Completed : 2003 Employer: Coordinated Construction Batroor Beatty City of Moorpark CM Services I New Library EDUCATION/ CERTIFICATIONS • B.A., Marketing, University of South Florida • OSHA 30-Hour • Safety Trained Supervisor (STS) • Scaffolding Competent Person • Qualified SWPPP Practitioner • Rigger/ Signal Person • NPDES Wet Weather Compliance Training EXPERTISE ® LOCAL EXPERIENCE PRECON SERVICES /PM\ ~ PM/CM SERVICES LIBRARY FACILITIES VALUE CONSTRUCTABILITY ENGINEERING 20 352 F I Resumes and Qualifications of Proposed Personnel Celeste is an experienced Project Engineer bringing more than 9 years of experience in a variety of roles . Her multi-faceted background has shaped her to be very productive, efficient, and demands quality from her project team and trade partners. PROJECT ROLE As Project Engineer, Celeste will assist with the daily planning and execution of the each project. She will support the team, proactively managing the budget by controlling expenses and administering billings . During preconstruction she will initiate set-up of the job management system, assist with bid package preparation, and solicit subcontractors and suppliers . During project startup and construction, Geramy will assist with reviewing and coordinating the QA/QC plan, developing submittal logs, actively participating in subcontractor project orientation meetings, and providing the team with the most accurate, up-to-date information so that the most informed and effective decisions can be made . RELEVANT PROJECT EXPERIENCE OXNARD UHSD DEL SOL HIGH SCHOOL CAMPUS New $200M high school campus (8 buildings) with all new classroom buildings, Library, media, performing arts, gymnasium, and multi-purpose building . Also consists of a full track and field stadium, baseball and softball fields, soccer field, future pool building and significant city street enhancements . Role: Senior Project Engineer Vear Work was Completed: In Progress Employer: Balfour Beatty SIMI VALLEY USO ROYAL HIGH SCHOOL MODERNIZATION Royal High School was first constructed in 1968. The District is contemplating the following projects at Royal High School : MPR renovations, locker room upgrades, new 12,000-square-feet classroom building, quad renovations, field renovations and lighting, classroom and building renovations, and MPR plaza renovations . Role: Project Engineer Vear Work was Completed: In Progress Employer: Balfour Beatty BEVERLY HILLS USO BEVERLY HILLS HIGH SCHOOL MODERNIZATION A complete full structural retrofit Historical Modernization that includes additions to the 510,000-square-foot school's 81, 82, 83 and 84 buildings. The project include media center, college and career center, teacher workrooms, staff office, reading center, theater, music room, auditorium, classrooms and restrooms . Role: Project Engineer Vear Work was Completed: 2022 Employer: Pro-Craft Construction, Inc. Batroor Beatty City of Moorpark CM Services I New Library EDUCATION/ CERTIFICATIONS • B.A., Interior Design, College of the Holy Spirit, Philippines • Philippine School of Interior Design • Construction Management, College of the Canyons, Valencia • OSHA 30-Hour Training • First Aid/CPR Training EXPERTISE LOCAL EXPERIENCE {PM\ ~ PM/CM SERVICES LIBRARY FACILITIES PRECON SERVICES VALUE CONSTRUCTABILITY ENGINEERING 21 353 ■ Proposed Budget and Fee Schedule Hourly Rates for City of Moorpark CM Services # Description/ Role Proposed Billing Rate /HR 1 Principal in Charge (VP) $ 300 2 Project Executive $ 255 3 Program I Project Director $ 250 4 Senior Project Manager $ 225 5 Design Manager $ 225 6 Preconstruction Manager $ 225 7 Constructability Reviewer $ 200 8 Project Manager $ 185 9 Assistant Project Manager $ 150 10 Quality Control Manager $ 180 11 Safety Manager $ 180 12 Enivironmental Manager $ 180 13 Senior Project Engineer $ 130 14 Project Engineer $ 110 15 Project Acountant/Administrator $ 85 16 Senior Superintendent $ 230 17 Superintendent $ 190 18 Assistant Superintendent $ 140 19 Lead Estimator $ 255 20 Senior Estimator $ 200 21 Estimator $ 125 22 Sr. Scheduler $ 195 23 Scheduler $ 145 24 voe/ BIM Manager $ 185 25 voe/ BIM Specialist $ 120 26 Sustainability Manager $ 200 NOTE : • All Billing Rates include Base wage, Labor burden, Company Vehicle (or) Auto Allowance (as applicable), Cell Phone, Computer & other tech equipment including software, IT Support, GL Insurance, and Balfour Beatty Over Head and Profit. • hese Billing Rates are subject to an escalation of up to 3% after twelve (12) months from the proposal date . Balfour Beatty Batroor Beatty City of Moorpark CM Services I New Library 22 354