LTC 286-2002
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. dJ'Ii(p - ,;)00 ;L
m
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ ~
City Manager cJ
FIRE STATION #2 STATUS
Date: December 24, 2002
To:
Subject:
The improvements being made to Fire Station NO.2 include full historic renovation of the
existing facility, and an additional facility that will include apparatus bays and living
quarters. Earlier this calendar year, it was determined that it is necessary to construct two
new water tanks and demolish the existing water tank located within the Public Works Yard
before the construction on the Fire Station can begin. As a result, the water tanks and
related pump station were added to the Jasco Construction Company (Jasco) Construction
Manager at Risk Contract. ST A Architectural Group (ST A) is the architect/engineer (AlE)
for the Fire Station components and Camp Dresser & McKee (CDM) is the AlE for the
water tank/pump station components.
At the October 17, 2001 Commission Meeting, the Commission approved an amendment
to the contract with STA in the amount of $117,000. The amendment was for the addition
of an Emergency Operations Center to the Fire Station No. 2 project, the design of a
drainage system for both the Fire Station and Public Works Yard facilities, and the design
of a common entrance to both sites.
At this point in time, ST A has completed 100% documents for both the new station and the
existing building and has completed the related City Building Department permit review.
The entire permit review process is expected to be complete pending final approvals from
the County's Department of Environmental Resource Management. Camp Dresser &
McKee, Inc. (CDM) submitted to the City 90% documents for review and approval as well
as the initial cost estimate on the water tanks and pump station component.
Due to the various components of the project, which were added at different times in the
design process, the Administration requested that Jasco provide a separate GMP for the
Fire Station component, for the EOC component, and for the Water Tanks and Pump
Station component in order to facilitate the evaluation of costs.
Jasco submitted to the City a document titled Addition and Renovation of Fire Station No.
2, 25th Street Water Tanks and Pump Station Estimate Summary, leading City staff and the
two AlE firms to believe that Jasco was submitting its GMP proposal to the City for its
acceptance, negotiation, or rejection on September 16, 2002. Upon its receipt, staff began
to review the document and also transmitted the document to the respective AlE firms for
their comments. Almost immediately it became apparent that the document submitted by
Jasco is woefully deficient as a GMP submittal and staff and the respective AlE consultants
L
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LTC - Fire Station #2 Status
December 24, 2002
Page 2
began to put together comments to respond to the submittal. As the project is complex
and the proposed pricing within the document is in excess of $2 million over the budget of
just the Fire Station component (not to mention the other components of the project, which
are also over-budget), the review and detailed responses have just recently been
completed.
Essentially, the staff and consultant review concludes that in addition to being significantly
over budget in the pricing of all components of the project, Jasco did not follow its
Construction Manager at Risk Contract with the City and did not provide the level of input
and review required by the contract. Very briefly, the budget issues are as follows:
Proiect Component Budget Jasco Price
Fire Station and Renovation $3,775,000 $6,313,338
Water Tanks/Pump Station $2,750,000 $3,829,305
Site Work $525,000 $545,196
EOC, Temp Parkina, PW Site $0 $1,228,530
A copy of the CIP Office review, which includes the review documents of the two AlE firms
are attached to this LTC.
Staff met with Jasco officials on Monday, December 23, 2002 to discuss the status of the
project. Jasco officials have indicated that they did not intend for the document submitted
to be its GMP proposal and have suggested that the purpose of the document was to
provide a "snapshot" of the "worse case scenario" on the project now that the documents
for all the components are sufficiently complete to price. At the meeting, Jasco officials
stated that the Water Tank/Pump station components can be priced by the end of January
2003 and a GMP proposal for that component provided to the City by early February.
Jasco officials also stated that they recommend submitting the GMP proposal to the City
about six months from now to obtain better pricing for the Fire Station components.
The reasoning stated by Jasco for the split GMP submittal is that the sub-contractors for
the various disciplines will provide better pricing for a project that will begin relatively
quickly, as opposed to a project that will begin in about 10 months, which is the expected
construction timeline on the water tank/pump station components. The Fire Station
components cannot begin construction any earlier due to site conflicts between the existing
water tank and the new Fire Station building.
Jasco is expected to provide its recommendations and formal response to the CIP Office
review by January 3,2003. Additionally, the City is hiring an independent cost estimator to
evaluate the pricing independent of Jasco, STA, and CDM.
In addition to the issues noted above, the City was informed of an investigation by the
Miami-Dade County Office of the Inspector General (DIG) regarding allegations that Jasco
continues to have a corporate relationship with Mastec North America and that Jasco may
LTC - Fire Station #2 Status
December 24, 2002
Page 3
have falsified a document in a submittal to the County. Staff has investigated the issue
and has met with Jasco to obtain an explanation of the allegations. Jasco denied the
allegations, Le., stating that as of November 2000, Jasco has no corporate relationship to
Mastec North America or its former subsidiary Church & Tower both verbally and in writing.
Jasco informed the City that the report and the investigation are concluded and that Jasco
decided to abandon the project they had been awarded rather than continue fighting the
allegations.
The CIP Office further researched the matter to determine if any ofthe allegations, if true,
may affect the Agreement between Jasco and the City, Le., did Jasco make any
misrepresentations to the City concerning its relationship to Mastec/Church & Tower as it
relates to the Fire Station project. CIP staff found sufficient evidence to suggest that there
may have been an ongoing legal relationship between Mastec/Church & Tower and Jasco
at the time of Jasco's RFQ submittal on the project. However, the information staff found is
primarily legal in nature and staff was unable to come to solid conclusions and
recommended that the City Attorney's Office review the information. Hence, the findings of
the CIP Office have been submitted to the City Attorney's Office for their evaluation and
determination of further action. The findings of the CIP Office are also attached for your
reference.
Based on Jasco's representations, it does not appear that a more meaningful GMP
proposal will be available for the January 8, 2003 City Commission Meeting. However,
Jasco's formal response, including its proposal for a plan of action should be available for
that meeting. At that time, the City should be able to make one of three decisions: 1)
Accept Jasco's recommendations and continue with the project, 2) Accept a modification of
the Jasco proposal to be recommended at the time by the Administration and continue with
the project, 3) End the relationship with Jasco and put the project out for competitive
bidding pursuant to the City's traditional construction process. I anticipate having a
recommendation and an evaluation of the different alternatives at the January Commission
Meeting for your consideration.
This report has been provided for your information. Please let me know if you have
questions or concerns about this project.
attachments
JMG\RCMITH
c: Robert C. Middaugh, Assistant City Manager
Tim Hemstreet, CIP Director
F:ICAPI\$aIlITIMHEMST\L TC - Fire Station 2 Status 122402.doc
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CITY OF MIAMI BEACH
Office of the City Manager
Request for Leg~ O~inion
C.M.O. Number: -,. ~
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To:
Murray H. Dubbin
City Attorney
Date: December 23, 2002
From:
Jorge M. GOnzale~ OX""""'"
City Manager .yv U
JASCO CONS UCTION COMPANY
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In October 2002, several members of the Administration received copie{bf~'Miami-Daae
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County Office of the Inspector General (OIG) report alleging that Jasep ~onstructioD
Company (Jasco) had misrepresented its relationship to MasteclChurch a:~o.,v.er irfCoun!}'
bid documents. The OIG Report, and its back-up, concluded that Jasco ~ re'f~ine~
legal relationship beyond November 2000 to Mastec/Church & Tower th~~o~ have
been disclosed within the bid documents. The current officers of Jasco have made written
and verbal statements to the contrary.
Subject:
Coincidentally, the City of Miami Beach issued Request for Qualifications #117-99/00 for
Construction Manager at Risk for the Fire Station #2 Project during this time period. This
RFQ was opened on November 17, 2000. Jasco was the successful bidder for this project
and was awarded the project by the City Commission on April 18, 2001. Within the RFQ
and in subsequent documentation and verbal statements to the City, Jasco maintained that
it had no relationship to MasteclChurch & Tower as of November 17, 2000.
Based on the OIG Report and the dates involved, I asked the CIP Office to investigate the
issue. Attached is a copy of their findings.
Staff has determined that there is sufficient evidence to suggest that Jasco may have
misrepresented its relationship with MasteclChurch & Tower to the City, but staff is unable
to determine the actual relationship, if any, and whether or not the relationship, if it exists,
is material. The determination of these two issues appear to lie in the legal documents
concerning the current ownership of Jasco and. if a relationship exists, what is the legal
obligation of Jasco to divulge this relationship in its RFQ documents.
As a result, the Administration is requesting the assistance from the City Attorney's Office
in answering the following questions:
1. Was there a legal relationship between Jasco Construction Company and
MasteclChurch & Tower on November 17, 2000, and if so, does that relationship
exist to the present? If the relationship changed since November 2000, what is
the nature of the change?
\
Request for Legal Opinion
December 23, 2002
Page 2
2. Who currently owns Jasco Construction Company and when did the current
owners purchase the company?
3. If there was a legal relationship between Jasco Construction Company and
MastecJChurch & Tower on November 17, 2000, was Jasco compelled to
disclose this relationship in its response to City of Miami Beach RFQ #117-
99/00? If Jasco was compelled to disclose a relationship, would failure to
disclose, if discovered at the time, have disqualified Jasco?
4. If the City Attorney's Office determines that any impropriety exists as it concerns
Jasco Construction Company as it relates to the topics of this memorandum,
please provide an interpretation of whether these improprieties are legally
material and what remedies, if any, the City has regarding them.
Timely resolution of these issues is important as Jasco has submitted it Gross Maximum
Price Proposal to the City and may be ready to proceed into construction shortly. If you
cannot address these questions in the next two weeks, please advise me as to your
estimate for completion.
If you or your staff have questions concerning the content of this request, please feel free
to contact me, Assistant City Manager Robert C. Middaugh, or Tim Hemstreet, CIP
Director. As always, thank you for your assistance.
~/~~\
JM M\TH
A ac ment
C: Robert C. Middaugh, Assistant City Manager
Tim Hemstreet, CIP Director
F:ICAPI\$aIlITIMHEMST\Request to Legal- Jasco 122302.doc
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CITY OF MIAMI BEACH
Capital Improvement Projects Office
m
To:
Jorge M. Gonzalez
City Manager
Robert C. Middaugh
Assistant City Manager 4
Stacy Kilroy _ r /
Senior Capital Project P, . ."---.
Report of Jasco Research
Via:
~em
Tim Hemstr /
CIP Director
From:
Subject:
In September 1997, The Miami Herald began an investigation that led to an independent
audit and State's Attorney investigation of a $58 million dollar paving contract between the
Miami-Dade Water and Sewer Department (MDWASD) and Church & Tower. The
investigation revealed overspending and double payments in the millions and led to the
termination of Church & Tower's contract with Miami-Dade County. By June of 1998, the
County Commission voted unanimously to reject two other Church & Tower low bids and
also to cancel Church & Tower's $3.8 million Performing Arts Center contract, citing an
alleged forged signature on proposal documents.
On October 9, 2000, the City of Miami Beach issued RFQ 117-99/00, for Construction
Management (CM) at Risk for the renovation and expansion of Fire Station #2.1 Sealed
qualifications were received until 3:00 pm on November 17, 2000, after a last minute one
week deadline extension. An Evaluation Committee was comprised of Floyd Jordan, Fire
Chief; Stanley Arkin, a resident with years of construction experience; Jorge Chartrand,
project manager; William Cary, Planning Department; and Amy Rabin, GO Bond Oversight
Committee member. The Evaluation Committee ranked Jasco Construction Company first
and on April 18, 2001, the City Commission adopted a Resolution authorizing the execution
of an agreement for CM at Risk Services with Jasco Construction Company.
On January 14, 2002, the Office of the Inspector General of Miami Dade County (OIG)
issued a Final Report on its investigation into Jasco Construction Company's link to
MasTec North America, at the time a registered fictitious name for Church & Tower. The
purpose of the OIG's investigation was to explore whether Jasco attempted to conceal a
corporate relationship with MasTec, which would disqualify Jasco from receiving County
contracts. OIG concluded that Jasco had altered its insurance certificate in its bid
documents, removing the words "MasTec North America" from them (Exhibit P). The OIG
recommended suspension of Jasco's contract pending further investigation into its
corporate relationships. Requests for information by the OIG were not met and Jasco
withdrew its proposal (Exhibit S).
1 Resolution 2001-24335 awarding Jasco's CM at Risk Contract incorrectly states the RFP issuance dale
8S September 13, 2000 and the bid closing deadline as November 10, 2000.
t
Repo1f on Jasco Construction Company
Page 2 of 7
The purpose of this review is to determine if evidence exists that suggests Jasco may have
misrepresented its association with MasT eclChurch & Tower at the time it responded to the
City's Fire Station #2 RFQ 117 99/00 on November 17, 2000. The second purpose is to
determine if evidence exists that suggests in January 2001, at the time of the Evaluation
Committee presentations, Jasco misrepresented its association with MasTec. The third
purpose is to determine if evidence exists that suggests Jasco has continued to the present
to misrepresent its relationship with MasTec to the City of Miami Beach.
As a responsible bidder for RFQ 177 99/00, Jasco answered "no" to the question whether
it, as respondent, or any of its principals were ever in default of a contract in the last five
years (Exhibit D). If the principals of Jasco were principals of MasTeclChurch & Tower at
the time of Jasco's response to the CMB RFQ 117 99/00, then Jasco may have been
required to answer .yes' to the contract default question. On November 17,2000, the
same day responses to RFQ 117 99/00 were opened, a change in Jasco corporate
principals was filed with the State's Division of Corporations. The board had been
comprised of all MasTec principals. These were deleted and Steve Suarez, a long time
Church & Tower employee, was added as the sole director, president and treasurer.
The reason cited by Jasco representatives for deleting the MasTec principals is that
MasTec sold its interest in Jasco Construction Company to Jasco General Holdings of
South Florida (Jasco GH), which was formed on November 1, 2000 (Exhibit I). Yet on
November 8, 2000, in a bid proposal to Miami-Dade Public Schools, which asked for "the
persons and firms interested in the forgoing bid, as principals", Jasco answered "MasTec
(Exhibit J)." As late as November 2001, MasTec was named with Jasco on an insurance
liability policy (Exhibit P). This is one full year after the opening of the bid documents for
RFQ 117 99/00. Moreover, the documentation provided by Jasco to the Office of the
Inspector General of Miami Dade County (OIG) to prove transfer of ownership (Exhibit T)
was deemed inadequate by the Inspector General in its final report on the Jasco
investigation (Exhibit R).
The second question is whether evidence exists suggesting Jasco misrepresented its
ownership and past experience during a presentation to the Evaluation Committee for RFQ
117 99/00. There were two Evaluation Committee meetings. At the first meeting,
members went over scoring and other requirements such as the Cone of Silence
Ordinance. At that time, it was noted on the audio taped proceedings by Committee
members that it was odd that two of the responding firms, Jasco Construction Company
and Signa Consulting, had similar addresses (Procurement Audio Tape 2; RFP 117 99/00.)
In February 2001, Jean Duret of Signa was listed as a stock holder of Jasco. Currently,
Duret, Suarez, and Brizuela have a mutual business, Peninsula Heavy Equipment, Inc.
During the second Evaluation Committee meeting, both Jorge Chartrand and Procurement
Director Gus Lopez maintain that Jasco was questioned about their relationship to MasTec.
However, the taped proceedings of this meeting are missing from the Procurement
Department files as is the meeting agenda. CIP has requested this information from the
Procurement Department and also documentation explaining why the RFQ opening dates
were extended from November 10 to November 17.
Report on Jasco Construction Company
Page 3 of 7
The third question is Jasco's current relationship with Church & Tower, which merged into
MasTec North America in January 2002. Jasco was created as a subsidiary of Church &
Tower in 1999 for public works and school projects. In an August 1999 letter to Miami-
Dade Public Schools, Juan Carlos Mas, son of MasTec founder Jorge Mas, proclaims "The
officers and staff of JASCO will remain the same as Church & Tower's and Jasco, as is
Church & Tower, will be a wholly owned subsidiary of Mas Tec. " Jasco assumed all of
Church & Tower's school board contracts (Exhibit E).
In its proposal for Fire Station #2, Jasco represented that the bulk of the company's
experience was with these same MDPS projects (Exhibit D). Yet, rather than assuming the
contracts and then establishing themselves as a distinct vendor, Jasco has acted as
Church & Tower, signing contracts, using Church & Tower letterhead and fax covers as
late as September 2001 (Exhibit 0). This is ten months after the opening of RFQ 117. In
MDPS documents, Church & Tower's address is Jasco's address and its Power of Attorney
form signed by MasTec's Vice President (Exhibit N). Payment requisitions do not list
Jasco, but Church & Tower (Exhibit 0). As late as September 2001, ten months after the
deletion of MasTec principals from Jasco's board, Suarez was still signing documents as a
representative of Church & Tower (Exhibit 0). The OIG's report further indicates that
MasTec, Inc. was named with Jasco Construction Company on its liability insurance
certificate as late as November 2001 when Jasco attempted to receive an expedited
contract of up to $5 million from Miami-Dade County (Exhibit P).
The below timeline includes references to documentation from the City's Procurement
Department (CMB-PR), the Final Report of the Office of Inspector General of Miami-Dade
County (OIG-R), original documents secured through a public records request of the Office
of the Inspector General (OIG-D), documents given to the CIP Office (CIP) or general
information from the Herald (HER).
Note: "JASCO" refers to Jasco Construction Company, Federal Employer Identification
(FEI) 650911327 and "JASCO GH" refers to Jasco General Holdings of South Florida Inc.,
(FEI) 651058530. Jasco Construction Company is the bid respondent to RFQ 117 99/00.
DATE ITEM COMMENT SOURCE "
Dee 1997 County cancels Church & Tower $58 Mil/ion contract HER
June 1998 County cancels Church & Tower Perfm. Art Center HER
contract and rejects two other low bids
Sept 21,1998 Fictitious MasTec North America registered as fictitious name by A
Name Church & Tower for FEI 65-0227979
Reaistralion
Oct, 12,2001 Fictitious MasTec North America registered as fictitious name of B
Name Church & Tower for FE159-1266044
Reaistration
April 1999 JASCO Articles of incorporation authorize up to 1.000 shares of CMB-PR C
Articles of common value stock. Only member of Board is Jorge
Incorporation Mas*, The officers listed are Jose Ramon Mas, Juan
Carlos Mas, and Carmen Sabater* (*member of
MasTec Board at time)
It
Report on JallCO ConstnJctlon Company
Page 40(7
Aug 1999 Letter to Signed by Juan Carlos Mas; announces that Church & OIG-D E
Miami Dade Tower will create a wholly owned subsidiary to perform all
Public Schools building and public works projects, JASCO.
Mas says "The officers and staff of JASCO will remain the
same as Church & Tower's and JASCO, as is Church &
Tower, will be a wholly owned subsidiary of Mas Tec. "
Aug 1999 JASCO Nancy Damon, Secretary, of Jasco Co. (and corporate OIG-D F
Certificate of secretary at MasTec), duly signs and certifies that
Corporate
Secretary "MasTec, Inc. Owns 100% of the outstanding stock of
Jasco."
May 10 2000 JASCO Delete Jorge R. Mas as President, add Joel-Tonas Citron. OIG-D G
Corporate as President and add Nancy Damon". Jasco Board and
Filing officers are now virtual Iv identical to those of MasTec
Oct 9 2000 RFQ 117 City issues RFQ for Fire Station #2 CMB-PC
99100
Oct 12 2000 JASCO JASCO bid response lists Business structure: OIG-D H
Response to "Jasco is currently performing all construction
MOPS RFQ
for CM Risk Management Services on behalf of Church & Tower for all
of its existina CM Contracts."
Oct23,2ooo Pre-Bid Attended by Steve Suarez (Jasco) Only two firms present. CMB-PC
Conference Audio tape
RFQ 117
Oct 23, 2000 JASCO Meeting to ratify Amendment to Articles of Incorporation Not
Directors deleting all MasTec principals as directors and officers, substantiated
meeting replacina with Steve Suarez
Nov 1 2000 JASCO GH Articles of incorporation for Jasco General Holdings of South CIP I
Articles of Florida, authorizing the issuance of up to 7,500 shares of common
Incorporation. value stock.
Nov 8 2000 JASCO From the proposal: "The full names and residences of OIG-D J
Response to persons and firms interested in the foregoing bid, as
MOPS-Safety principals are as follows." Jasco's answer; "MasTec"
to Life Project
Nov 17 2000 Bid Opening Bids are received by 3 pm. CMB-PC K
RFQ 117
99100
Nov 17 2000 JASCO File Amended Articles of Incorporation, listing Esteban OIG-D L
Corporate Suarez as PresidentlTreasurer and Joseph Portuonado as CMB-PC
Filing Secretary deleting all MasTec Princioals
Jan 8, 2001 RFQQ 117 Issued raised why two of the respondents seem to have CMB-PC
99100 addresses similar to each other. Committee member Audio tape
Evaluation found this "strange" and a conversation ensued about
Committee
Meeting 1 whether the principals listed for the two firms were the
same. It was decided they were not the same and it must
be coincidence.
Jan 2001 RFQ 117 Evaluation Committee Meeting: Committee member Tape
99/000 questions relationship with MasTec. (Pending Receipt of missing
Evaluation third tape)
Committee
Meellno 2
Jan 31, 2001 Evaluation Committee selects Jasco.
April 3, 2001 Proposal Form (CM=Construction Manager, the term used for Consultant/Firm) M
for CM @ Risk CM listed as Church & Tower, signed by Esteban Suarez
GMP MOPS
May 21,2001 GMP Contract GMP Proposal South Miami High Roof Replacement N
(Project GMP Contract for South Miami High Roof Replacement for N1
#A0526b-cm) $1.6 million, signed by 1) Esteban Suarez for Church &
Tower 2) Power of Attorney Form signed by MasTec Vice
President
Report on Jesco Constroclion Company
Page50f7
Sept 312001 MOPS Payment requisition submitted by Church & Tower, 13317 0
Payment SW 1241h Street (Jasco address) by "Esteban Suarez CM
requisition
from Church & Principal." (CM=Construction Manager, the term used for
Tower Church & Tower)
Oct 30, 2001 JASCO Insured "Jasco Construction Company" submits insurance OIG-R P
Proposal for certificate copy for Miami-Dade County proposal for Page 2
EEC- Expedited Contract awards.
Noy 16,2001 Jasco Insurance Company, Marsh, send original copy of insurance IG-R P
Insurance certificate to the County. Page 2
Certificate Insured: "MasTec North America, Inc. Jasco Construction
Comoanv."
Dec 2001 Investiaation by the Office of the Insoector General
Jan 2, 2002 Church & Church & Tower merges into MasTec North America.
Tower
Corporate
Merger Filing
Jan 11, 2002 JASCO Jasco response details the fact principals in Jasco and OIG-D Q
Response to Church & Tower/MasTec are not similar. The amendment
Draft OIG changing them was filed with the state on Nov 17, 2000 the
Report day CMB RFQ 117 bids were ooened.
Jan 14, 2002 FINAL Final report detailing corporate relationship and lack of OIG-R R
REPORT OIG information.
Jan 31, 2002 Jasco OIG asks for information such as sale and purchase IG 5
Withdraws Bid agreement as well as the original stock certificates to interview
document that there was in fact a sale of Jasco Construction
Company to Jasco General Holdings. Jasco does not
resDond and drops bid.
Noy 2, 2002 Jasco Steve Suarez and AI Brizuela bring photo copies of stock CIP T
Original Issue certificates to a meeting at the CIP Office with Tim
Stock
Certificates Hemstreet, Jorge Chartrand, and Gus Lopez.
dated
10/23102
Noy 2, 2002 Jasco GH Lists 2/28/01 stock issue for Jasco GH as the original issue. CIP U
Stock Ledger
On October 25,2002, the CIP Office made a Public Records requestto view the files ofthe
Jasco Investigation at the Office of the Inspector General of Miami-Dade County. In the
files and through an interview information was gathered that was not contained in the OIG
Report. In reference to the OIG report, Jasco withdrew its bid proposal and did not provide
requested documentation.
The OIG requested from Jasco:
· Any purchase or sale agreement documenting the sale of Jasco Construction
Company from MasTec to Jasco General Holdings,
· The original copies of stock certificates that document the transfer of company
ownership of Jasco Construction Company from MasTec to Jasco General
Holdings.
,
Repotf on Jasco Construction Company
Page 6 of 7
There were copies of current and voided or reassigned holdings available to the OIG
(Exhibit T.) However, the voided holdings were not executed on the back for assignment or
transfer.
On November 2, 2002 a meeting was held with Steve Suarez and Alfredo Brizuela of Jasco
and Tim Hemstreet, Jorge Chartrand and Gus Lopez to discuss a variety of issues,
including the City's concern regarding the above mentioned events. At this meeting,
Suarez brought "proof' of their Company's transfer in ownership. Several of these
documents were already in the Inspector General's files but there were some noticeable
differences:
· They brought only the front copies of the voided and current Jasco General
Holdings certificates.
· They brought color copies of two "origina'" Jasco Construction Company Stock
Certificates. Attached to one of these was an "executed back" assigning 100
shares of Jasco Construction Company from MasTec, Inc. to Jasco General
Holdings (Exhibit T).
However, there are a few issues to consider. Jasco has never presented the original issue
of Jasco GH stock. What was submitted was a transfer of Jasco Construction Company to
Jasco General Holdings of South Florida. Neither the City nor OIG were presented with
any information about the original issue of Jasco GH stock, including issue number and
owners. Copies of two sets of Jasco GH certificates were transmitted to the City on
November 2, 2002. The first set of Certificates were dated February 28, 2001 and voided
in pen across the front. These certificates list Suarez as having 31 67/100 shares, Brizuela
having 31 66/100, Jean Duret (Signa Consulting) having 31 67/100 and Henry Dorman
having 5 shares of Jasco General Holdings.
The City was not given copies of the back side of these documents. However, the back
sides of the voided certificates are in the files of the OIG. These were not negotiated or
transferred. The other set of certificates, dated March 1,2001, delineate that Suarez and
Brizuela each have 50 shares for a total 100 shares. Yet all these dates are well after the
stated October 23, 2000 sale. Exactly who the owners of Jasco GH were in October 23,
2000 is, therefore, not clear based on the documents that the City has reviewed.
The other "stock" certificates that were given to the City on November 2, 2002 were two
color copies of original issues of Jasco Construction Company and a color copy of one
"executed back" that was not given to the OIG during their investigation. There are five
issues that warrant further investigation:
· The photocopies of the certificates with an "executed back" should be
compared to the original certificates.
· The Federal Employer Identification (FEI) number of the firm transferring the
stock shares is blank and an explanation should be sought as to the reason.
· There is a cancelled first issue of 1 00 shares to Church & Tower from Church &
Tower. (At the time, two different FEI were registered for Church & Tower, so
Report on Jasco Construction Company
P8(1e 7 of 7
it would be possible to issue stock to and from the same company).
However, the beneficiary is crossed out and handwritten is Jasco
Construction Company. There is no copy of the back provided.
· Jasco is not amenable to producing the original stock certificates or
agreements transferring Jasco from MasTec to Jasco GH.
· According to the respective Articles of Incorporation of both companies, Jasco
Construction Company has the ability to issue 1,000 shares of stock. The
original issue amount is represented as 100. However, Jasco General
Holdings has the ability to issue 7500 shares of stock. Yet again only 100
shares have been shown and those are dated February 28,2001 and March
1, 2001. Yet in copies from the Jasco GH stock ledger given to CIP on
November 2,2002, the certificates dated in 2001 are all marked as Noriginal
issues. of Jasco GH. It has not been established from the documents
reviewed who owned Jasco GH from October 2,2000 to February 28,2001.
It is further unclear how Jasco General Holdings meets, or would meet, the minimum
experience requirement to qualify for the Fire Station #2 project without being able to
include the Church & Tower experience as Jasco Construction Company.
Recommendation/Conclusion
Based upon the documents attached, the CIP office believes sufficient evidence exists to
suggest that Jasco Construction Company may have misrepresented its relationship to
Church & Tower to the City. Further investigation is warranted to determine if a
misrepresentation occurred, and if so, if the misrepresentation of the relationship is legally
material. While this report shows that written documents indicate there may be an ongoing
relationship between MasTec and Jasco Construction Company, it does not make any
conclusions concerning the relationship.
Further, if investigation determines that the representation of Jasco General Holdings is
accurate, the question becomes whether the experience of Jasco Construction Company
under MasTec can be used by Jasco General Holdings.
RCMITH/sek
F:\CAPll$aII\KILROYIGIP\BAYSHOREIFire Slation #2\JASCO FINAL.doc
INDEX OF EXHIBITS
ITEM #
Fictitious Name Registration A
Fictitious Name Registration B
JASCO Articles ofIncorporation C
Jasco Response to CMB RFQ 177 99/00, D
Letter to Miami Oade Public Schools E
From Juan Carlos Mas
JASCO Certificate of Corporate Secretary F
JASCO Corporate Filing G
JASCO Response to MOPS RFQ for CM Risk H
JASCO GH Articles ofIncorporation. I
JASCO Response to MOPS-Safety to Life Project J
Bid Opening Extension RFQ 117 99/00 K
JASCO Corporate Filing L
Proposal Fonn for CM @ Risk GMP MOPS M
GMP Contract (Project #A0526b-cm) N
Nt
MOPS Payment requisition from Church & Tower 0
OIG Report on JASCO's Insurance Certificate for EEC P
Jasco
JASCO Response to Oraft OIG Report Q
FINAL REPORT OIG R
]asco Withdraws Bid S
Jasco Original Issue Stock Certificates dated 10/23/02 T
Jasco GH Stock Ledger U
\
,
APPLICATION FOR
REGISTRATION OF FICTITIOUS NAME.
EXHIBIT
A
1. MIl ..'I'll!'" Bl:n:th .A1DIu::.:ij:..
F.clilioul Nimi"to bo Registered
'.JLLV
II]\') f; ,. toN ;:If' C(".:POI;(:-!; r~i'.IL
'l":~ I. Ah{;f:::a::r, "'Lril::. i){'.
Of,'... PJ.. '/0 Ot)::.I~. (J~;~., .): ~ ~:IO. :)(J
C.,: c;,o f.l i '! ~.,.. "r C:.l <:,. <> L:.:: . ~ ~.:r
3155 N.W. 77th Avenue
2.
Mailing Addr... of Busines.
-
5
~
3. County of Miami-Pade
4. Cilyof Miami . Florida
5. FEINumber: (,~- Ca'd"9.1.9
33122
lip Code
This space lor office use only
A. Owner(s) of Flctlllous Name It Indlvldual(s) (use addItIonal sheets If nece..ary):
1. 2.
La.' Fitsl M.I. Last
Adelless AdeteSl
Cily Slale l.p Code City
SS' . SS,
-
Flrsl Mol.
Slllle lip Code
8. Owner(s) of Flctltlou. Name If Corporatlon(.) (use addItional aheet. If nec....ry):
,. Church' Tower, Inc.
Corporale NlIIIlI
3155 N.W. 77th Avenue
Address
Mol."," a PI.. ]1122
Cily SllIo
2.
Corpora.e Name
AddreaI
ZipCoc!e
Corporala Document Number: r.CJ5201
FEI Number: 65-0227979
o Applied lor 0 Not Applicable
Cily Slate lip Code
Corporale Oocumenl Number:
FEI Number:
o Applied for 0 NoI Applicable
Date
FOR CANCELLA nON COMPLETE SECTION 4 ONLY:
FOR FICTITIOUS NAME OWNERSHIP CHANGE COMPLETE SECTIONS 1 THROUGH 4:
I (we) Ihe undersigned, hereby cancellhe flclllious name
. which was registered on
and was assigned
reglslratlon number
~lII'lature 01 Owner
Dale
Date
Signatura 01 Owner
o Certificate or Status - $10
FlUNG FEE: S50
o Certified Copy - $30
APPLICATION FOR
~EGISTRATION OF FICTITIOUS NAME.
EXHAm;
B
1. Ma......" NQz::th -Aml!!ri~
F"lClllioUl Name 10 be RlIgIslered
!')U:.U
IIJ\I) fiJ.t'N ,J;' (;UI.:I"'OI;(:',: r~;'JL
"Ir:U f\hN;~'a::F, '''Lr.1 :.1)(;
0",'0" pj - '/0 Of)::J~i (J.:::;~j .'): \'.~:I(!. ;)(J
C'; (;;'1 E. 'J I ..~ ~;:l ..~t c~) <~:) C,) ;':'..~~. ~ ~..'.
2. 3155 N.W. 77th Avenue
Mailing AdCIre.. of Business
3. Counlyof Miami-Dade
4. City Of Miami . Florida
5. FEINumber; u~- ccrd"9'~
33122
lop Code
This space for olfice use only
A. Ownerlsl of Flctlllous Name It Indlvldual(s) (us. additional she.ts If neces.ary):
1. 2.
lasl First M.I. L..I
Address Addr_
City Slale Zop Code Cily
SS, - . SSI
FIrst Mol.
Sta.a Zip Code
8. Owner(a) of FIctitious Nam.1f Corporat/on(.) (us. acldlllonalsh..ta If nec....ry):
,. Church' Tower, Inc.
Corporale Name
3155 N.W. 77th Avenue
Address
M<fam'l. Fli 1]122
Cily Slele
2.
Cofporale Name
Addresa
Zip Code
Cily
State
Zip Code
Corporale Document Number: [.95201
FEI Number; 65-0227979
o Applied lor 0 Not Applicable
Corporate Document Number:
FEI Number:
o Applied for 0 Not Applicable
'(wallha underslgned. being ,he IOle (eU thel party(illS) owning Inler881 in lIle above licIiIiouI nam.. oer1l/y IIIat Ihe Information Indioated on Ihis lorm Is
true and aocurata. I (we) further certily Ihal the lioIilioul nama ahown In SecIlon 1 of Ihls lorm hI' bMn advllfli.ed 'I ....t on.-In a newspaper as
delined In Chapter 50. Florid. StaM In Ihe COIIIlI, where Ihe epp/icllnl'. princlipal plac>> of busin... i. located. I (we) undeIII.ncl.... the .ignllure("
below .hall have the. me I ,Ie I If mede under oalh (Alle..l One Signature Required)
H R, IN ~ ?J .,
grill. " a e ~'U", 01 OWner
Phone NI/IlIber.Nanc Damon, Secretary C:3OS") ~lX. -l Number:
Data
FOR CANCELLATION COMPLETE SECTION 4 ONLY:
FOR FICTITIOUS NAME OWNERSHIP CHANGE COMPLETE SECnONS 1 THROUGH 4:
I (we) the undersigned. hereby cancel the fictitious name
. which was registered on
and was assigned
registrallon number
~ignalure 01 Owner
Dale
Signalura 01 Owner
Dale
o Certificate of Stalus - $10
FlUNG FEE: S50
o Certified Copy - $30
.
~
EXHIBIT C
r""....~ :;.t
"
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.
ARTICLES 01' INCORPORATION
OF
JASCO CONSTRUCTION COMPANY
SlClfr,t/LCO
O:\'I"/C:lto:.~y OF StirE
DR"OIl~Tl0"
99 APR"'6 P/f /: 2S
The undereigned incorporator hereby forms a
carpo-ratioD under Chapter 607. of the lawe df.. the.Sta.t.
af Plorida. .
AR'l'ICLR I. RAMR
The nallle of the cOZ'p)ration ahall he:
JASCO CClNSTROCTIOR COMPANY
Tbe address of the principal office of this corporation
.hall be 3155 NIt 77th Avenue, Miam, Plorida 33122, and the
mailing address of the corporation shall be the same.
ARTICLE II:. NATURE OF BUSINESS
This corporation may engage or transact in any or
all lawful activities or busine.. permitted under the
laws or the united States, the State of Florida or any
other .tate, country, territory or nation. ,. .
AR'l'ICLR III. 'CAPITAL STOCK.
'I'he llIax!lIIU.. number .of. .share. of stock that .thi.
cOZ'pOratloD' 1. au~horized tq.have out.tanding at: any one
ti_ 1. 1, 000 .hares of cOlnan stock having $0. 01 par value
per ahare.
AU:
PACE 3 E~
c
.
..
.,
ARTIM.. IV. DlPnIS'Mmvn AGENT..
The .treet a44re.. of the initial regiatered offica
ot the co~ration ahall be ~201 Hay. Street, Tallaba.aee,
Floriaa 3230~, and the name of tbe initial registered agent
of the corporation at that.'ddre.a i. Corporation Service
Company.
ARTICLR V. T2RJf OF EXISTENCE
Thi. corporation i. to exist p.rpetually.
ARTIC"'.uI!! VY. n:!:uCTOR$
All eorporate:powere ahall b, exerciaed by or under
the authority of, and the bu.ines. and affaira of the
cozporatiOD managed UDder. the direction of 1t~Bo.rd. of.
Director., .ubject to any limitation .at .forth in .the..
Article. of IncorpOration. '!'hie corporation shall have ..
one Director, initially. The name. and addre.... o~ the
initial member. of the Board of Directors are':
Jorge.. Ma.
I)ir.
~1~5_BH 77th Avenue
Miami, Plorida 33122
.
It
\
...
,
.
ARTICLE v:n. OFFI~RS.
The naMe and Addresses of tbe initial officer. of
the corporation who shall hold ottice for the first year
of the corporation, or until their .ucce.80rs are elected
or appointed are::
Jo.. AalftOJ1 Ha. .
Pr.. .
3155 NW 77th Avenue
Miami, Florida 33122
.:rueD Carlo. Ha.
V. Pre..
Same
Carmen .abater
v. Pr.../Trea.. and Fihance_
Same
ARTI~.12 VIII. INCORPORATOR
The name and .treet addr... oC the. incorporator to
the.. Article. of Incorporation:
Corporation Se%Vice Company
1201 Bays Street
Tallaha..ee, Plorida 32301
IN WITHESS WJmRBQP, the undersigned agent of
Corporae1oD Service Company, ha. hereunto eet their hand
and .eal of Corporation Service Company on April fi, 1999.
COllPOIlATICDI' SER.VICE COMPANY
"ALOi:: 4 t;(I
C
.~" .- -. .~I~a r<<un. UUN Hnu ~KMU~l~~~I
...... ..
ID.
.
..
.,-
PACE 5
i5~
..
S"CRr FILe,g
mVlg'0.I{J,~r (f. STaUE
99 A (J PORATIONS
PH -6 PH I: 2S
.
ACCBPTAlICII: OP UOISTERJm MDT DESIGNATED
IN ARTIrT.12S OF IHCOJUlOn'l'ION
Corporation Service COIIlpany, a'Delaware
corpora~1on authorized to.t~neact buein... in this
State, having a busine.. ottic. identical with the
regi.t.~.d office. of the corporation named above, and
having been.de.ignated as. the Registered Agent in the
above and f'oregoing Articles,.. is familiar with and
accepts the Obligations of the position of Registered
Agent under Secti~:Jn 607.0505, ,Florida. Sta~utes.
COltPOltATIOl'l SERVICE COMPANY
B
B. Rozar .
AKc/jjw
ON COWPAN\'. INC.
Rrspondent's Nanle:
Printip.J Offin Address:
QVESTlONNAfRE
Jasco Construction Com~anv
13317 SW 124 Street
MiAmi FlnritfA 331 AFI
Esteban L Su~rez
Official ReprcSfnllllin:
rr a Cornol'alion. ans"'cr rl,i'l
\\'111:11 Ineorpuraled:
In whal Stille:
If. Forei!!" Corltorlllillll:
4/16/99
Florida
nale or R"'lIistralioll "ilh
Flurid:. Sruetal.)' uf Shale:
4116/99
NOllie of Resident .0\1Il'11I: Joseph J. Portuonodo. Esa.
Address flf Residenl.-\genl: 1200 Brickell Avenue, Miami, Florida 33131
Presidenl's Name:
Esteban L Suarez
"'ice-PI'r~idl:llt'. NalJlL':
'frelullrer's Nalllc:
ML'R1ben of Buard ur l>irt'cllln:
NIA
Esteban L ~1l1'lre7
Esteban L SUarp.7
If a I'arlnrr.hip:
N/A
.
Oale of Orl:ani7atillll:
General"r Limited I'.rlllenhip':
Nllllle and Addrrss or [aell Pulne!":
N Al\U;
..\ l1J>RF. SS
RFQ II 7-99/(\0
O'IOl>cr 9. 2000
.
"Committed To Doing Our Best."
&r 55
r
,
Ef. bu ~j.J- D
ClOMPAN\'. JNC.
* O...Jignl.lr Kenfral parlnl'n In a Linliled I'lII"lnership
I. Nurnhu of~'",.rs of nlc,'a.1l cxp...ri...nc...ln op...rating slnlllar
buslness:--12.Y.!!rs
2. HII"r ...y simll.r agre...m...nls held by rnpundellt for. pr'oject similar lu Ih..
propoJ...d proj...cl "'\'l'r been canceled?
\.....s ( )
No 94'
If )....s, llh'e delails on 11 sep"'1Ile sheet.
3. ItIlJ Ih~ r...spond...nl 01' an)' prinrip.ls uflhe applicanl organizlllion foiled 10 qualif~'
.5. n:sponsiblc bidll...r, r..fused to euler intu a conlrad oft...r IIn a"lI"d has be...o
made, failed 10 compl"'lt a tonlratt dUI'log tht: pUlliw (5) ~''''lIrs. Ilr b...ell declared
10 br III dtfllult in all)" cOI.ln.cl in the lasl S )Ul's:' No
If)....s. pl...asc uplain:
QueUlonnaire (continul'd)
4. Uas Ihe respondent or lln~' of its principals ...'....r bl....n declue.1 bllnkrupl or
r...orl:llllized unde.' Chapl...r II ur put inlo ...:c...h....nhip? No
If ).('S, l:h'r dllll:. courl jurisdiclion. acliun 1....'1.'11. alld all)' olh,'r npl:\Il:l!inn dc"ftl...d
n.......s5ary on nIl lI11..ched ~h...rl.
:5.
PenclII IIr p...nons illl...r...sl...d in Ihis QUllliricaliul1 FornI {hll'....'
~
RFQ 117.99.'00
O':lober 9, 2000
"Committed To Doing Our Best."
.
~56
~
I
I
Eth, bit J)
ON ClOMPAN\', INC.
Firms Experience
The Company
lasco Conslruction Company has been perfonning
Construction management for the public and private
seclor for approximately lwo-years. The focus of our
work for the past lwo years has slrictly been
Conslruction Management AI-Risk for lhe public sector
where we have bonded the payment and perfonnance of
projects for a Guaranteed Maximum Price. To dale, all
our CM At-Risk projects have been delivered with
quality workmanship in an effective, limely manner and
on budget.
In the past two years, lasco has also perfonned
construction management services for the private sector
including scheduling services, document and cost conlrol
service.
Our currenl bonding capacity for a single projecl is $15
million and $30 million in the aggregate.
Major conslruction management projects perfonned by
lasco and shown in lhis section include the following:
South Miami Senior High School
City of Miami Beach, 16lh Street Improvements
Soulh Miami Middle
South Miami Elementary School
Oaks Plaza Medical Mall
The Miami-Dade County School Board
Gloria Floyd Elementary School
Carol City Middle School
R.R. Moton Elemenlary
lack Gordon Elementary
The Projects
CM At-Risk Project
.
Scope includes the addition of a third floor to lhe
existing building, new fire alann system, ncw fire
sprinkler system, weather proofing of entire building
and additional parking facilily.
.
lasco is currently perfonning pre-construction
services and the estimated cost of the project is
approximately $9.8 million. The Owner is the
Miami-Dade County Public Schools. Mr. Rigober1o
Zubizarreta (305) 995-4746. lasco's project
manager is Mr. Kevin Richards.
----. .
.. .
.__.~ --
....... ~
~~. ~.:.~.._'~ ~
~/.: . -.;...':;,-
... to""
:, '. . -~ ". ! b -}
: ~/. .~- ." -
.. :-.-. .. 1 .
.. ~:6~a3L::.t:h:
~~'. UnproverTlJilil'-
CM At-Risk Project
.
Mastec, Inc. installed waler lines scwer
drainage, paving, signalization, lighting
landscaping. .
lines,
and
· lasco was retained by Mastec Inc. to provide
scheduling, document and cost control services. The
cost of the project was $730,000. The contacl
person at Mastec is Mr. Steve Prislas
(305) 406-1980.
"Committed To Doing OUf Best."
.A.t 22
ON COMPANY, INC.
"i: .";"., c :j'
I';'::.:i::' .
. .
CM At-Risk Project
CM At-Risk Project
.
Scope of work included installation of a new
acoustical ceiling. lighting, painting and replacement
of all windows. The COSI of this work is 51,147,913.
.
Scope of the work included sile work,
irrigation, paving and landscaping.
5561,000.
ball fields,
The cost
. The contact person for Miami-Dade County Public
Schools is Mr. Chucks Chinyere (305) 995-4578.
· The conlact person at Miami-Dade County Public
Schools is Mr. Tim Arahill (305) 995-2558.
JI
CM At-Risk Project
it.
CM At-Risk Project
. Scope of work included renovations of the
administration building, new acoustical ceiling.
The cost 5931,000.
· Scope of the work included driveway renovations,
drainage and widening of bus-drop off. The cost
.
5387,000.
. The contact person at Miami-Dade County Public
Schools is Mr. Rigo Zubizarrena (305) 995-4746.
· The contact person at Miami-Dade County Public
Schools is Mr. Dennis Casserta (305) 995-4879.
,.
"Committed To Doing Our Best."
A-r 24
,
..~
o
ON CDWPAIft'. INC.
'<~''''''''rJ!1r.'.1 '';''''.11.. .-
"; ."~.:,,,,, JI ~.w.r.:.uu" .. ." .
.:~~;.r~~
....~.."...., ......-...
eM At-Risk Project
Scope of the work included additions and
renovations to classrooms and Ihe construction of a
new administration building at a cost of $2.600,000.
The conlact person at Miami-Dade County Public
Schools is Mr. Tim Arahill (305) 995-2558.
Mr. Kelly Cartwright was the project manager for
lasco Construction.
., .~ '."~~ . ~."
CM At.Risk Project
Scope of services includes a breezeway and
electrica] room addilion, a new two SlOP elevalor, a
new two story classroom building and renovations
to the administration building al a cost of
$3,280.000.
The contact person al Miami Dade Counly Public
Schools is Mr. Tim Arahill (305) 995-2558.
lasco's projecl manager was Mr. Howard Dislon.
Miami-Dade County Puollc Schools
CM At-Risk Project
· On lune 21, 2000, MDCPS approved Ihe sum of $30
million to correct life safety deficiencies which had
been idenlified in schools Ihroughout Ihe district.
These deficiencies included items identified by the
School Boards Slate certified inspections as well as
]ocal Fire Marshals. Out of hundreds of contractors
Ihal do work for Ihe School Board, staff identified
five designlbuild finns to be considered by the
Board to perfonn the work. lasco Construction was
one of the finns selected. We are currently
addressing the life safety deficiencies for Ihe first I J
schools. The cost of perfonning this work by laseo
is approximately $1.8 million.
.
The contact person for Miami-Dade Counly Public
School is Ms. Zibby Giardina (305) 995-4657.
Mr. lean L. Duret is the project administrator for
laSCD Construction.
~...
" "
.' ,.~,. ~MooL
.\, . ...,'.' ~"'. .
.,. .,;.111
0' ," ~.~;'.;,\:'
::i:~.1J, -,X
-~
CM At-Risk Project
. Scope of work included additions and renovations,
new ceilings, new lighting, painting oflhe enlire
school and flooring throughout. The cosloOfthe
work was $1,670,000.
. The contact person for Miami-Dade County Public
Schools is Mr. Tim Arahill (305) 995-2558.
Mr. Kevin Richards was Ihe project manager for
lasco Construction.
"Committed To Doing Our Best."
A.r23
\
EXHIBIT
--
.~
M A
s
TEe
August ]9, ] 999
Dr. Paul Phillips
Chief Facilities Officer
Miami-Dade CO!Jnty Public Schools
Facilities Planning& Construction
]450 N.E. 2nd Avenue, Room 929
Miami, Florida 33] 22
Re: New CODstructiOD Subsidiary for Cburcb & Tower, loc.
Dear Dr. Phillips:
As we discussed at the meeting in your office on June 28'\ ] 999, Church & Tower created a wholly
owned subsidiary whose purpose will be to perform all building construction and public works
projects. The new name of the subsidiary is JASCO Construction Company. The officers and staff
of.TASCa will remain the same as Church & Tower':; and JASCO, as is Church & Tower, will be
l:l wholly owned subsidiary of MasTec, Inc.
For the purpose of your review and approval I am allaching the following documents:
]. JASCO Construction Company Articles of Incorporation
2. Church & Tower, inc. corporate shareholders meeting.
3. State of Florida Department of Professional Regu]ation General Contractors
Certificate for JASCO.
4. Certificate of Corporate Secretary stating that JASCO is wholly owned by MA STEC,
Inc.
5. Organizational chart indicating staff involved in the two MDCPS contracts.
If you need any further information, please do not hesitate to contact me.
.'
Attachments
oc: Dr. John W. Pennington, III
Esteban L. Suarez
Mea Tee. Inc.
3155 N.W. 77th Avenue . ~. FIrJrirl.o ~.':I~OO.~!:V"l'" . .,., ._
1
~ of jfjr
~tat~ ,,-. .~.. ~;_ oCiba
arpartmrnt Df ~tatr
I certify the attached is a true and correct copy of the Articles of Incorporation of
JASCO CONSTRUCTION COMPANY, a Florida corporation. filed on
April 6. 1999, as shown by the records of this office.
The document number of this corporation is P99000031788.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Cap'itol. this the
Seventh day of April, 1999
X~~JYarn:s
:t!ibtJll'l"illl' .!'ian'is
.' . f .
.~I'I"ITI;u'!.! 11 ~1;11a'
;t,;l!
, --
't:::
r: .., ! r-:,
ARTICLES OF INCORPORATION
OF
JASCO CONSTRUCTION COMPANY
The undersigned_incorporator hereby forms a
corporation under Chapter 607 of the laws of the State
of Florida.
ARTICLE I. NAME
The name of the corporation shall be:
JASCO CONSTRUCTION COMPANY
The address of the principal office of this corporation
shall be 3155 NW 77th Avenue, Miami, Florida 33122, and the
mailing address of the corporation shall be the same.
ARTICLE II. NATURE OF BUSINESS
This corporation may engage or transact in any or
all lawful activities or business permitted under the
laws of the United States, the State of Florida or any
other state, country, territory or nation.
/
ARTICLE I II. CAPITAL STOCK
The maximum number of shares of stock that this
corporation is authorized to have outstanding at anyone
time is 1,000 shares of common stock having $0.01 par value
per share.
(
: ;: Lt
": :: .:"; ;!.1':7~?:::
-. """
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\
E
ARTICLE IV.
REGISTERED AGENT
The street address of the initial registered office
of the corporation shall be 1201 Hays Street, Tallahassee,
Florida 32301, and the name of the initial registered agent
of the corporation at that address is Corporation Service
Company.
ARTICLE V. TERM OF EXISTENCE
This corporation is to exist perpetually.
ARTICLE VI. DIRECTORS
All corporate powers shall be exercised by or under
the authority of, and the business and affairs of the
corporation managed under the direction of its Board of
Directors, subject to any limitation set forth in these
Articles of Incorporation. This corporation shall have
one Director, initially. The names and addresses of the
initial members of the Board of Directors are:
Jorge Mas
Vir.
3155 NW 77th Avenue
Miami, Florida 33122
\ \ E
ARTICLE VII. OFFICERS
The name and addresses of the initial officers of
the corporation who shall hold office for the first year
of the corporation, or until their successors are elected
or appointed are:
Jose Ramon Mas
Pres.
3155 NW 77th Avenue
Miami, Florida 33122
Juan Carlos Mas
V. Pres.
Same
Carmen Sabater
V. Pres.jTreas. and Finance
Same
ARTICLE VIII.
INCORPORATOR
The name and street address of the incorporator to
these Articles of Incorporation:
Corporation Service Company
1201 Hays Street
Tallahassee, Florida 32301
IN WITNESS WHEREOF, the undersigned agent of
Corporation Service Company, has hereunto set their hand
and seal of Corporation Service Company on April 6, 1999.
.'
CORPORATION SERVICE COMPANY
B~ flJE/l/6 .~
It Agent, Kare B. Rozar
,
. .
.- .
ACCEPTANCE OF REGISTERED AGENT DESIGNATED
IN ARTICLES OF INCORPORATION
Corporation Service Company, a Delaware
corporation authorized to transact business in this
State, having a business office identical with the
registered office of the corporation named above, and
having been designated as the Registered Agent in the
above and foregoing Articles, is familiar with and
accepts the obligations of the position of Registered
Agent under Section 607.0505, Florida Statutes.
CORPORATION SERVICE COMPANY
~)lljlf3:?P~.
Its Agent, Karen B. Rozar
AXC/jjw
/
-
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JOINT MEETING OF SOLE SHAREHOLDER
AND SOLE DIRECTOR OF
CHURCH & TOWER, INC.
The annual Joint Meeting of Sole Shareholder and Sole Director of CHURCH &
TOWER, INC., a Florida corporation (the "Corporation"), was held at 315S NW 77lh
Avenue, Miami F]orida on Tuesday, May 25, ]999 at 2:00 pm. Jorge Mas, President of
MasTec, Inc., sole shareholder of the Corporation, and duly authorized proxy for
MasTec, Inc. for the purpose of voting its shares of corporate stock, served as Chairman
of the Meeting. Mr. Mas is also sole director of the Corporation. Nancy J. Damon,
Corporate Secretary of the Corporation, served as secretary.
All officers of the
Corporation who serve also as officers of MasTec Inc. were present at the meeting. It
was noted that the resignation of Ismael Perera as Vice President of the Corporation was
accepted on February I, 1999.
Mr. Mas stated that all. of the outstanding shares of capita] stock of the
Corporation were voted in favor of the following shareholder resolution:
RESOLVED that the following person were
nominated and elected to serve as Directors of the
CorporatioD until their successors are elected and have
qualified:
Jorge Mas, Chairman
Joel-Tomas Citron
Carmen Sabater
The newly-e]ected Board of Directors then considered the following resolution.
After discussion, and upon motion duly made, seconded and unanimously carried, it was
,
RESOLVED, that the following persons were
nominated and unanimously elected to serve as Officers
of the Corporation until their successors are elected and
have qualified:
President:
Executive Vice President:
Vice President
Vice President & Treasurer:
Vice President & Assistant Secretary:
Vice President & Assistant Secretary:
Corporate Secretary:
Jose Ramon Mas
Joel-Tomas Citron
Juan Carlos Mas
Carmen Sabater
Jose Sariego
Pablo Alvarez
Nancy J. Damon
IT IS FURTHER RESOLVED, tbat all acts and
transactions of the Officers of tbe Corporation wbich
have been taken or made since the last meeting of the
Board of Directors are hereby ratified and approved in
all respects as if undertaken pursuant to prior
resolutions of tbe Board of Directors of tbe
Corporation.
There being no further business to come before the meeting, upon motion duly
IIIIde and seconded and unanimously carried, the meeting was adjourned.
".
Z:'L.OAL~"'T.doc
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRV LICENSING BOARD (904) 727-6530
7960 ARLINGTON EXPRESSWAY
SUITE 300
~ACKSONVILLE FL 32211-7467
BRIZUELA, ALFREDO R
~ASCO CONSTRUCTION COMPANY INC
13301 SW 124TH ST
MIAMI FL 33186
. STATE OF FLORIDA . .. ACI .' ... ...
DEPARtJ'lEN'tt~OF',BUS'i~E~Ub,;
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CYNTHIA A. HENDERSON
PROJECT ORGANIZATIONAL CHART
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PROJECT ORGANIZATIONAL CHART
CERTIFICATE OF CORPORATE SECRETARY
I, NANCY J. DAMON, THE UNDERSIGNED, HEREBY CERTIFY that I am the
Corporate Secretary of MasTec, Inc., a Florida corporation and ]asco Construction Company, a
Florida corporation. I further certify that MasTec, Inc. owns 100% of the outstanding stock of J asco
Caaltruction Company.
Dated this 31" day of August, 1999.
Z:\1.EOALICORP\CERTSEC.mulcc I.doc:
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FILED &-
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Secretary of State
04-06-2000 90018 035."150.00
acUMENT /1 P990000317SE1
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IASCO CONSTRUCTION CCM.pNf(
""ipal PIKe aI Buainl"
MeiIinIl Address
:n55 "'" 77IIt AVEMJE
WII R. ZI122-ID
fIN 7TJJI INfJU
. FL 3:1122
Principal P'-C& 01 Bysinesa
So Maiinll ~
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s..i1I. ApI e. etc.
s.MI. APl. .. ele.
00 NOT WRITE IN THIS SPACE
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Counlly
CounI'Y
.. CetlIIicIIe" StIlUS Desired
7. Namo In' Add.... 01 Nnr A
Clly & SI...
CiIy & SleIe
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N.,.,e
CORPORATION SBMCE COMPANY
1201 HAYS STREET
TAUNiASSEE R. 32301.25R5
S.eel Add,... (P.O. Boa N....- is No! Acupllllle)
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FL Zip Cocll
rhe .bOW n""tel "'lill subm~. ""s t..II""'" "" the pur_ aI c""nginD ~ '1Qi_ ollie' 01 'egisterod .,.. 01 lloIh. in !h. St... 01 FlOIoU.
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MAS. JORGE
3155 mv 77TH AVErtlE
FILE NOWIII FEE IS $150.00
. Al'IIr MAY " 2GllD ,.. will be $550.llO
o ..... CNcIl ..,..... to Depllct....nt of Sla'a
OFFICERS AND DIRECTORS .2. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 11
o Jlt.... :: 0 Cllongl 0 AIt;IiIioo I
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Business Structure
Church & Tower I Jasco are separate, wholly owned,
subsidiaries of MasTec, Inc., a publicly traded company
worth over One Billion Dollars in annual revenues. Mas-
Tee is a company with diversified interests in construc-
tion management and telecommunications installation
services.
Jasco Construction was created to separate the con-
struction management segment of MasTec from Church
& Tower. Jasco is currently performing all construction
Management Services on behalf of Church & Tower for
all of its existing CM Contracts, including the !WO on-
going contracts with MDCPS.
Jasco is currently pursuing other CM projects with the
State of Florida Department of Management Services,
State of Florida Corrections Department, City of Miami
and University of Miami.
Total Years In Business
Mas Tee, Inc. was created in March 1994 as a result of
the merger between Church & Tower, Inc. and Burnup
and Simms, Inc. Church & Tower, Inc. was created in
1990 as the General Contracting subsidiary of the
Church & Tower Group, and has been registered to do
bUSiness by the Department of Professional Regulations
lor the past 10 years. Jasco Construction Company
was created in 1999 and, along with Church and Tower.
are wholly owned subsidiaries of Mas Tee, Inc. and fully
backed by its financial, experience and workforce
Slrength.
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UService and Commitment are our best fe.tures."
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ARTICLES OF INCORPORA TJON Fr LE 0
OF OONOV - f AM 9: 20
JASCO GENERAL HOLDINGS OF SOUTH FWRIDA, INC,'\',.~ " 't'I~. ,..- . f"' rr.
.1_V .. "" \ r ur oJ ,." ..
T ALI.AHASSEE. FLORIO"A
(A Florida For Profit Colporation)
The undersigned, for the purpose of fonning a for-profit corporation under the
Florida General Corporation Act, hereby makes, subscribes, acknowledges and files the
following Articles of Incorporation:
ARTICLE I
NAME
The name oftbis corporation is lasco General Holdings of South Florida, Inc.
ARTICLE II .
ADDRESS
The principal office and mailing address of this corporation is:
lasco General Holdings of South Florida, Inc.
Colonial Bank Centre
Suite 1480
1200 Brickell Avenue
Miami, Florida 33131
ARTICLE III
PURPOSE
1bis corporation is organized for the pwpose of transacting any and alllaw1b1
business permitted under the laws of Florida.
ARTICLE IV
TERM OF EXISTENCE
This Corporation sball have PCIpetuaJ existence.
ARTICLE V
CAPITAL STOCK
This corporation is authorized to issue 7,500 shares of one and nolI 00 dollar ($1.00)
par value common stock.
....- ....................- _....................~_..... .....-................................ .......-....... ......--.
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ARTICLE VI
PREEMPTIVE RIGHTS
Every shareholder, upon the sale for cash of any new common stock of this
corporation shall have the right to purchase his pro rata sbare (as nearly as may be done
without issuance of fractional shares) at the price at which it is offered to others.
ARTICLE VII
REGISTERED OFFICE AND AGENT
The street address of the registered office of this corporation, and the name of the
registered agent of this colpOration is:
Joseph J. Portuondo, Esq.
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
ARTICLE vm
BOARD OF DIREcrORS
This corporation shall have one director initially. The number of directors may be
increased or diminished from time to time as prescribed by the by-laws, but shall never be
less than one. The director of this corporation is:
Steve Suarez.
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
ARTICLE IX
OmCERS
The corporation shall have a President, a Secretary, and a Treasurer and may have
additional and assistant officers including, without limitation thereto, one or more Vice-
Presidents, Assistant Secretaries, and Assistant Treasurers. A person may hold more than
one office at one time. Such officers shall be elected by the Board of Directors. The Board
may remove any or all of the officers from office, with or without cause, and at such time
.
!l.
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as the Board may determine. The names and addresses and positions of the persons who
serve as the initial officers of the Corporation are as follows:
PresidentlSecretary/freasurer
Steve Suarez.
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
ARTICLE X
INCORPORATOR
The name and address of the person signing these articles is:
Joseph J. Portuondo, Esq.
1200 Brickell Avenue, Suite 1480
Miami, Florida 33131
ARTICLE XI
INDEMNlFlCATION
The corporation shall indenmity any officer or director or any former officer or
director, to the full extent permitted by law.
ARTICLE XII
BY-LAWS
The Bylaws may be repealed or amended, and new Bylaws may be adopted, by either
the Board of Directors or the Stockholders, but the Board of Directors may not amend or
repeal any Bylaw adopted by Stockholders if the Stockholders specifically provide such
Bylaw is not subject to amendment or repeal by the Directors.
ARTICLEXnI
AMENDMENT OF THE ARTICLES OF INCORPORATION
These articles may be amended, altered, modified or revoked only upon the vote of
the majority of the shareholders.
IN WITNESS WHEREOF, I have subscribed my name this 16th day of October,
2000.
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Acceptance by Reptered Aeent
FILED
00 NOV -I AM 9: 20
.)t.GRdAia uF :irATe
TALLAHASSEE. F10RID~
Having been named to accept service of process of the above-styled corporation, at
1be ofIice stated above, I hereby accept to act in the capacity of Registered Agent and agree.
to comply with the provisions relative to keeping said office open.
.y
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THE SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA
I
. DESIGN BUILD FORM OF PROPOSAL FOR
FURNISHING lABOR AND MATERIALS
. ~
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TO: THE SCHOOL BOARD or MIAMI-DADE COUNlY. FLORIDA
FOR: PROJECT NO.
PROJECT NAME S/9"'~ 7tJ ~:rnE P40.reCTS. ~.7r~"7,ve ~.-9.e~.s
L:~e.""G,c.Ir~, HJ/'fM.J: LA~ES .c.-Z~.M~/~
/11 n~:' .;'4. 1'1/ ~J"Z:7fl. so e-z E #~7V;" 1. I?
BIDDER: ......T/9.54:) Ce>NS7'7LPcr..l:oV ~~ r'/97V~ ..:LA/e.
J . / {Neme of Fum Submirting BidJ /
DATESUBMfTTED: /1 L?/OO . .
Tho undersigned. as Bicfder. propos ,e and' -ar.... If this proposal is _pted. to contr.ct with Th. Sdlool Board of
Miami-D.de County. Rorid.. In tI-. form of cannct 5Pec1fied. to furnish ell necessary implements. machinery.
equipment. tools. appantus. mat.ri.lIs. mean. of transportation. Illbel' and profession" design service. and documents
ne~ssary to complete the above cllptioned project in full and complet. accordanc:e with the shown. ~ted. desaibed
and r..sonably in~ended requitem'lnts of the design criteria p.ckag.... drawings and specification. and contract
document. to the flJll and en~ire I;atisfaction of The School Board of Miam~ade County. Aorida. with a dafU1it.
understanding that no money will te "lowed for .xtra work except as set forth in the anachlld In:ltlUcticns Covering
Opening of Bids and General Condi~i"ns and Contract Documents. for the sum of:
aE #.z2crN .er~ff 1.4:d'e62'J! rzFT~ rpr"vJtftI'(J -
WHICH SUM IS HEREBY DESIGI fATED AS 'HE
See Attachment "A" fo::- Individual Facility Bids
ALTERNATES (Bid of/ly ."IJcin.,d IJltBmat,,:s)
The Bidder aGrees that the following A1temate Bids. if accepted. mav be accepted in any order by th.e Owner.
Dollars ($/ rSd,tJt?O
" . BASE BID
ALTERNATE BlD'1
ALTERNATE BID '2
Al TEflNATE BID '3
N/A
N/A
N/A
Don.rs ct
DoUlrs (.
Dollars ..
J
J
)
UNIT PRICES .. (Bid only speeHiotd unit pIIt:e$J
AI In unit on which pric:e is based. i.e.. per sq. yd.. ete. Th. Bidder further proposes Md agrees that the following UNIT
PRICES may ba used to amend the C:onnct as conditions may requir.:
UNIT PRICE I' . . . . . ... ............ . If/A Pet
UNITPRlCE'2..... ............... $ RIA ,..-
UNIT PRICE '3 . . . . . ... ........... $ RIA Per
UNIT PRICE '4 . . . . . . . . . . . . . . . . . . . - . If/A Per
The U'Id....lgned. as Bidder. hereby declares that the only person or perSons interestaf In the propose! as princJp.J or
principals b. or are, named herein lI,d thllt no other person than herein lMIIIIoned has any interest in this ptOpool o~ in
. the contract to be entered into; tblIt this proposal is made without ClQMcctlon with any od1er- person. company or plll'tlCs
making a bid or proposal: a'ld tblIt it is in aO respects fair and In good fai1h" without collusion or fraud. .
Th. Bidder furthlit' dedares th8t he," h.s p:lft1lned the alt. of 111. work and hu become thoroughly familiar with ..
condition. pertaining to the places' wher. the work is to be done: lllat hw"'e has examined the design crlterf8 pac:lcq..
Page , of 2
fM-8016 (01-00)
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plans end spdf'lQtioN for 1he wen end ~nv.et\nl documentS ,.tN. 1Mreto. and ... rud ... ~ provi5lona
furnished prior to tho opening of bida: t 'NIt holshe has be.... Ntisrled relative to the wock to .,. parfonnecl.
ll1e Bidd<< fu1her proposes .nd agtllol to compIlte.. work within 86 c:.I~.,. days aft. awerd of the
contrIIct by the Board. The contract pcrlod Includes twenty days time to the deslgn buDd.. to furnish acceptable surety
band and klsU'ance fanns, at which tin,. a Nodce of Commencement will be Issued by the Owner.
The Bidder further proposes and agreES that, In ease of failure on the Bidd..... pert to 'urni.11 ecc:eptable .urety bond
Conly If bid uceeds $2oo.oooJ end 1m uranc:e within twenty (201 consecutlyl c:.Iendar days or to execute the contract
within forty-fIVe C451 consecutive c:ale.1dar dlY. 1ft. IWlrd of the contrect, the cheek or bid bond aCCompanying this
bid, and the monies payeble thereon_ shaU be plid into the funds of the School Board of M~mi-Dadl COW'lty. Rorida. 8S
liquidated damages for such failure; otitcrwi... the check or bid bond accompanying this proposal will be retumed to the
und.,.igned.
ATTACHED HERETO IS A:
(Cheek the .ppraplflltlllrllm.J
CERTIFIED CHECK n CASHIER'S CHECK (] BID BOND (]
1~"'E7W"f' ~~"">2.';$/.2.l6-fhAlt: ~ /.IeWd,4 7T~~
In the amoun&lpercent of
f!:;- J'-!J.u.zt:W Czz~'N .uA'~/,r.r:iIYQ,tt'K~~f ~ J>~()pc)
fWd" in th t .moun{ mown on d/KIt 01' pen;wrt of.J .
Bid guaranty made payable to -THE SC HOOL BOARD OF MIAMI.DADE COUNTY, FLORIDA..
Respectfully Submined.
(SIGNA TUREI
~~---
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(SEAl)
!'he full nllmes and residences of perscns and firms interested in the foregoinG bid, as principals, Ite as 'onows:
M ;f:f;F~. IA/C:-
~dde"du", Receipt: Bidders sheO acJclJowled"e below Ihe receipt of ."y end all addenda. if Iny. to the d.sign criteria
laeke"e, listing Ihe addenda by numbu' or letter designation and date:
.ddendum ~JD.te: /o/t1/Z,tho'
- .,
.cIdendum t'I ~D.te: /11 /.:z~ 1.:ut1p
- . / ,.
Addendum IJ Z. Dete: I~P ~eJ
Addendum .o5"Dete: /q A~ k,P
- "
h. Board rNerve. the right to waive infenneUtle. and to reject any .nd ell bids.
Page 2 of 2
1'M-601SlO1.oo1
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
hnp'l\ci.miami-beICII.f1l.1l
~
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PROCUREMENT DIVISION
Talaphone (305) 173-7490
Fle.lmi.. (305) 173-7851
REQUEST FOR QUALIFICATIONS (RFQ) NO. 117-99/00
ADDENDUM NO.1
November 7, 2000
ConstructioD ManagemeDt (CM) At-Risk for Additions and Renovations to Fire
Station No.2 is amended as follows:
I. The RFQ deadline for receipt ofrespoDses is cbanged from November 10, 2000l!!..
November 17.2000 a.3:00 P.M.
Inasmuch as this change does not materially affect the RFQ document, respondents are not
required to acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
?~
(
Gus Lopez, CPPO
I'rocurement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FlORIDA 3J139
hn llel mIamI-beach n us
PROCUREMENT DIVISION
-
Telephone /305/&73-7490
Facsimile (305/&73-7151
PUBLIC NOTICE
Request for Qualific:ations (RFQ) NO. 117-99/00
ConstrudioD Maaacement (CM) At-Risk for Additions and
Renovations to Fire Station No.2
Scone orSen'ic:e: The CM At-Risk will be responsible for the construction management (eM) and
construction services for the renovations and expansion of Fire Station No.2. The services required
will be throughout the various project phases, such as: design phase, bid and award phase,
construction phase, and post construction phase. The CM at-risk will negotiate a fee for CM services
until a Guaranteed Maximum Price (GMP) is negotiated for the actual construction of this project.
Sealed qualifications will be received until 3:00 n.m. on November 10.2000, at the following
address:
City 01 Miami Beac:b, City H.II- Proc:urement Dh'i!ion, Third Floor, 1700 Convention Center
Drive, Miami Beac:b, Fl9rid. 33139.
Any response received after 3:00 p.m. on November 10, 2000, will be returned to the proposer
unopened. The responsibility for submining qualifications before the stated time and date is solely
strictly the responsibility of the proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
A Pre-Qualification Conference is scheduled for 10:30 a.m. on October 27,2000, at the following
address: City of Miami Beacb, City Hall - eit)' Manager'. Office, Fourtb Floor Small
Confereac:e Room, 1700 Convention Center Drive, Miami Beac:h, Florida.
The RFQ package is available by calling DcmandStar.com at (407) 975-3227 and requesting
Doc:wnent #1173.
RFQ 117-99/00
October 9, 2000
2
I.........
..
The City of Miami Beach, may at its sole and ab9Jlute discretion, reject any and all, or parts of any
and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or
waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed
in the best interest of the City of Miami Beach.
You are hereby advised that this RFQ is subject to the "Cone of Silence, "in accordance with
Ordinance 99-3164. Requests for additional infonnation or clarifications must be submitted in
writin~ to my attention, and may be forwarded via facsimile to: 305-673-785 I.
Thank you,
~~
(
Gus Lopez, CPPO
ProcW'Cment Director
lFQ 117-99/00
Oclober9,2ooo
3
,
,.......
thor: GusLopez at C-H-PO
:e: 11/06/2000 . 3: 16 PM
rmal
: .:7obnEllis
AnnaLichtenstein
Ij ect: Re: ADDENDUMS TO BE ISSUED
--------------------------------- Message Contents -----------------------___________
ject:
"lor:
Anna, please issue an addendum on RFO 117-"/00, changing
acceptance date from 11/10/00 to 11/17/00. Thanks.
Reply Separator
ADDENDUMS TO BE ISSUED
JohnEllis at C-H-PO
1.1/6/00 9:27 AM
the RFQ
I:
Gus,
We need to issue addendums ASAP, changing the 11/10/00 opening date,
(Friday/holiday) on the following;
Bid #139-99/00, Aluminum Portable Bleachers (Carlos)
II 117-'9/00, CM at Risk (You/Anna)
We also need to re-schedule the Eval Comm for RFQ #134-"/00, the 4
Neighborhoods, and the pre-proposal for RFP # 137-'9/00, Resource
Library for I.T.
I will handle the last item. (I.T)
Please let me know who you want to handle the other items.
rhanka. John
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.. , ATTCR....EV AT LAW
COLONIAl. BANK CIENTR.-. SUITE 1480
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1Z00 BRtCKELL AVENUE
MIAMI. FLORIDA 33131
TEL.EPHONE (305) 666-6640
F ACSIMIL.E (305) 666-4601
November 15, 2000
Secretary of State
State of Florida
Division of Corporations
409 East Gaines Street
Tallahassee, Florida 32399
-"00003468397--2
-11/17/00--01034--001
~~*-.*-3S.00 .~~**35.00
Re: Jasco Construction Company
/Filing of Amended Articles
Our File No. 8187.1
Dear Sir,
Enclosed herein please find our Amended Articles of Incorporation for J asco
Construction Company along with our check in the amount of$35.00 representing the filing
fee. Please call us if you have any questions.
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Enclosures
cc: Mr. Steve Suarez
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AMENDMENTS TO ARTICLES OF INCORPORA~N.i: V,,/,,> ~l)
of (~:' . -f.."
JASCO CONSTRUCTION COMPANY ~1';; '7,;.:,. Q..~
A Florida For Profit Corporation ~~;( ~l: 0-
o~&-
The following Amendments to the Articles ofIncorporation duly adopted pursuan~
to the authority of Chapter 607, of the Florida Statutes and the existing articles of Jasco
Construction Company, a Florida corporation, supersede and take place over such provisions
of the existing Articles of Incorporation which were filed with the Secretary of State on
April 6, 1999, and any other amendments to date.
BE IT RESOLVED, that effective as of October 23, 2000,the Articles of
Incorporation of Jasco Construction Company, a Florida corporation, be and the same, are
hereby amended to read as follows:
ARTICLE IV
REGISTERED AGENT
The registered agent of the corporation is: Joseph J. Portuondo, Esq. whose street
address is 1200 Brickell Avenue, Suite 1480, Miami, Florida 33131.
ARTICLE VI
DIRECTORS
This corporation shall have one director. The director of this corporation is: Esteban
Suarez, whose street address is 1200 Brickell Avenue, Suite 1480, Miami, Florida 33131.
ARTICLE VII
OFFICERS
The corporation shall have a President, a Secretary, and a Treasurer and may have
additional officers as designated by the Board of Directors. A person may hold more than
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one office at one time. Such officers shall be elected by the Board of Directors. The Board
may remove any or all of the officers from office, with or without cause, and at such time
as the Board may determine. The names and addresses and positions of the persons who
serve as the officers oftbe Corporation are as follows:
Presidentffreasurer: Esteban Suarez, whose address is 1200 Brickell Avenue, Suite
1480, Miami, Florida 33131.
Secretary: Joseph J. Portuondo, Esq., whose address is 1200 Brickell Avenue, Suite
1480, Miami, Florida 33131.
The undersigned officer of lasco Construction Company certifies that the
amendments of the articles as here and above set forth was duly adopted by the shareholders
at a meeting on October 23,2000, at which a quorum was present, by unanimous vote of the
shareholders after reading and approval of such amendments. A unanimous vote of the
shareholders is sufficient for approval by the shareholders.
The Dame and address of the person signing these amended articles is : Joseph J.
Portuondo, Esq.
IN WITNESS whereof, we have set our hands and seals this November 14, 2000.
\
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ACCEPTANCE OF REGISTERED AGENT DESIGNATED
IN AMENDMENTS TO ARTICLES OF INCORPORATION
of
.JASCO CONSTRUCTION COMPANY
A Florida For Profit Corporation
Having been named as registered agent and to accept service of process for the above
stated corporation, I hereby accept the appointment as registered agent and agree to act in this
capacity. I:further agree to comply with the provisions of all statutes relative to the proper
and complete performance of my duties, and I am familiar with and accept the obligation of
my position as registered agent.
Dated: November 30,2000.
J05 J. Portuondo, Esq.
oniaJ Bank Centre, Suite 1480
1200 Brickell Avenue
Miami, Florida 33131
(305) 666 - 6640
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PROPOSAL FORM FOR
FURNISHING CONSTRucnON MANAGEMENT @ RISK
GUARANTEED MAXIMUM PRICE
TO: THE SCBOOL BOARD or MIAMI-DADE COUNTY, nORIDA
PROJECT NAME:SOUTH MIAMI SE""JOlt.HIG.H.~CHPOL (R~ NO. A-Q526
CM: CHURCH & TOWER. INC
DATE S~MITTED.:...~e~IL 3. 2001
TIle IUIdcnlped, .. CoasIndoII Mauccr At lUIk, PrvpoRI aDd 8IJ'I:CI,ltthb PI1lpCII8I II A( 1)["'. to
CllMob..-:l wItb 1bc Sc:booI Board al'Mbml-Dade Couat7. I1orida, u per die -.hed "draft" oCtile
Guaraaceed JI.f.d~ Prb ( em ) AJllClulmeats.
rGMrTOTAL
I AMOUNT:
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If...... at daya liD CIOIIIII'I* PlVjoct.
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whicb lndudea the 0WDen coatiDJCIIC1 i
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1,629,630.00
oIS
77.601.00
TIle ec...b..dl. Muaca- At IUsk wII fUraIda ~ IUrdy boad _d iasarucc rOl1lll, at wIdda
time GIc 0wDrr wlllIIue. Notice olC~"'"fat.
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'I'll. BOARD R.. ..".. TH. RIGHT TO WANI! ...OR...rn_
....D TO ..- ~ ...., AND ALL PRarCMJU ...
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EXHIBIT tJ
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CHURCH & TOVVER
AI 1\.'.,.,1", c.',..'''''''''''''.'
GMP PROPOSAL
PROJECT # A0526EC 1-1
SOUTH MIAMI SENIOR HIGH SCHOOL
Re-Roofing & Weather Proofing
ACCELERATED LIFE TO SAFETY
".
Signa Consulling. Inc.
,
C,...,URC,..., & TOI/VER
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MIAMI SENIOR HIGH SCHOOL
Re-Roofing & Weather Proofing
PROJECT # A0526
TABLE OF CONTENT
MIAMI-DADE COUNTY PUBLIC SCHOOL
GMP PROPOSAL
Item DescriDtion PaCle No.
1 Proposal Form 1
2 GMP Tabulation 1
3 GMP Amendment 5
4 Supervisory Personnel 1
5 Salary Wage Schedule 1
6 Construction Schedule 1
7 AlE Approval & Estimate 1
8 List of Qualified Bidders 1
9 MWBE Sub Breakdown 1
10 Bid Result Breakdown 1
,
11 Letter of Intent 2
12 C&T Estimate 5
13 Trench Safety Act Compliance 2.
14 Negotiation Sign-In Sheet 1
15 Unsuccessful Bidders
Church It Tower
13317 SW 124 Street - Miami, Florida 33186 - Telephone 305-234-6449 - Fax 305-234-2892
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GMP TABULATION
".
Churcb & Tower
13317 SW 124 StrHt . Mamf, Florida 33186 . Telephone 305-234-6449 . Fax 305-234-2892
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EXHIBIT I TO CONSTRUCTION MANAGER AT RISK AGREEMENT
GMP AMENDMENT
fI IIlVz/, ~HI (H,
nus GMP AMENDMENT. made and enlZ:red iuto as of Ihis~y of Nil_ .;.1., .lfi8, (.GMP
Amendment") amendslhat c:eruin Agreement between Owner (Thc School Board of Miami-Dade County, ~
Florida) and Constnlction Manager (Church & tower, Inc ). made as ofme.ray
~Of _c:x.~r( ,~_ for the following described project: South Miami Senior High
WHEREAS, the Owoer and the Construction ~cr ha~~z1eQPtb\lninft~A;~ ~fQofing
manner act fordJ berein.
NOW, THEREFORE. in consideration of the mutual promises and covcnants contained herein, in
the AgrcelDCl1t aDd che OIber Contract DOCUIJ1CIIts aDd for such other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Owner and the ConslJUction Manager do hereby
agree as follows:
I. This GMP .AmcJIcIment is executed in COIIJlCCtioD with, and is deemed 10 be a part of !be
Agreemenl and Ole Contract Documents. Wherever Ibc tenns of chis GMP AmeudmeDt and
Ihe terms of me Contract Docn"""ItJ are in confJicI, the terms of rhis GMP Amcodment sball
govern aDd COIItrol. 1bc terms used herein. UIIk:ss ocb:rMsc defiDcd in Ibis GMP AmcDdmeDr.
shall have Chc Jnl'!llniIIp ascribed to Ibcm in Ibe CoaIract DocumeDtS. .
2. The foUowiDg are hereby iDcoqJorared inra Ibc Ccmtract Doc:umeats and made put IheRof:
a. Tbc drawiags Iisftd on A.aaduamt latblched hereto. which drawings are made . part
of the COlltrllCt DocumeDlS by rbis rcfeleDce (Ibe -Drawings': and
D. The specificatioDI Jistr:d OIl Att.""-aat D aJraclJC:d bcrcro, which ,,-ifito:ariODS are
made . part of Ibc eoau-.ct DoctIme!Its by dais rcfcreac:e (che .Spccificaticas1.
c. Tbose doc:wnealS lisIed 011 AHarhm.."t m, Additional Contract DocumeaIs, aaacbed
ben:to, are made a part ofthc CoIllnCl Documents by this rcfereoce.
3. Tbc eadrc Scqle or Ibc Work for Project No. A- 0 52 6 ·
,.
, is hereby iDcorpcnted iulo dJc Wort.
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~"''''~-''AT''''.fOIa IaIOOU
WPIWI~a_-="CMAT-
MIAMI-DADE COUN-f( PUBLIC SCHOOLS
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----.----..----.--....
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4. 1be dare of commellCc-nat'tlf for the COIISttUCdoa of Projcc:r No.A- 0526 -1dIa!I fit
(The -Date of ()mt.---ment-).
s. The CoDStnlCtioa MlDlger shall IChieve Substaotial Coiq)JeIioa of the entire Work for IIIis
Projc:ctNo A-0526.
not later dJan 21 0
days from the Date of Cornrncrx:emeot (the -ConlrlCt TJJtIe"'). And final completion not later
than 30 days from the dale of SubSllntial Compledoo. Pailure 10 meet either the SUbstantial
CompletioD or Fmal ComplctioD dares sba1I be a material breach of this AgreemeDt.
6. The Owner and the Constnlcdon Manager acIcnowledges IDd agree that the Owner will suffer
damages if the Construction Manager fails to achieve SubstantiaJ Completion of tile entire
. Work for this Project No. A-0526 as dcfiDed in the Contrael
DocumenIS on or before the expirltioo of Ihe Conrnc:t Tune. which damages an: djfficult. if
nor impossible. to asceIUiD with any degree of certainty. Accordm,ly. If die: ConstrUctiOD
Manager fails 10 achieve Substantial CompletioD of the entire Work for this Project No.
A _ 05 2 6 On or before die expiratiOll of the ContraCt TUDe. liquidated
damages (Which are not inlendcd as a penallY) sbaJ1 be ~s~ against the CODStnJCbon
Manager in au amount to be c:alculared in accordance with the Contract Documents using the
GMP agreed to for this Work in this Exhibit as the basis for calculatioD. This win occur by
virtue of tbe ConstrUCtion Mmacer's failure to achieve SUbstamiaJ Completioo of Project No.
A- 0 526 within the Contract Time.
7. The Guaranteed MaxImum Price for Project No. A - 0 526 is hereby
guarult:cd by Ihc: Constructioa Managu J1O( to exceed !he sum of $1 , 629 , 63,l 00
(the -Project GMP"). based upoa the entire
Scope of Ibe Wade as describod in the Contract D~. iDcIudiDg. bul DOIlimired 10. the
DrawiDgslIId die Specific:atioas. subject only to acldilioDs aDd dedudioos by Chqe ORSer
or ConsUuc:doD CIanIe Din:c:live. as provicled in lbe CclDa3ct Documcors. The GMP is more
particularly itemized in the SdItdll)e of Values prepared ill ICCO!daDce wirh CIte terms of Ibc
Alreemclll, wIUcIJ SclJeduJe of Values is attacbcd hereto IIIId made . part of die CcmlzacC
DocumeDII by tis reference. lDc:1uded in the ScheeIuIe of Values aJJd specifically identified y>
herein. the cciafin&eDc1 iDdudcd in Ibis paraa1Iee pHI';nqlln price is die lIIDOUDI of $ 7 7 , 60' 00
.'
8. 1be CcmsInIctioD MIIIlIFuball provide CO'1lnlCldal GcoenI Uabi1ity 1DsanDce. Au1DlDObilc
UabDily JDsuraace. Worter'. CDlqlalSlltioa Insuraacc. IIDd Builder', Risk IDsulm1Ce ill
CIlIIICII& ftIWII,lIC .."...
o.nucnaM ".NW'-1Clll AT_'_ ICIIllClU
WrIWI....~.,.._..c..OIAT_
MIAMI-DADE COUNTY PUBLIC SCHOOLS
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coiDpti......... widt 1IIe prorisioas of Anicle U -Insunmce ... Boods of Ibe GeDeraI Condidoas
of Cbe CODtrac:t for Construc:tion.
9. The Consaucdoa Nauacer IbaD provide Ibc: Public: Coastructioa PaymcDt Bood and Ihc Public
CoustructiOl1 PerfonnaJlCC and C3uanDree BoDcI in c:omplialJce with the provisions of Article
II - Insuraace and Bonds of Ihe Geoeral Coaditions of the Coatrlct for ConstrucliOll.
10. By executing lhis GMP AmeDdmeot, the Consttuclion Manager acb10wledges chat it bas
a~l1ained aU correcf Iocacioas for points of connection for all utilities, if 111)', required for
this Project; and has identified all clarificatioas and quaJificalioos for chis Project, if any
11. The Construction Manager's oa-si1c managemeut and supervisory personnel for ibis Project
are sel forth OD Attacbm~Dtl, attached hereto and made a part hereof by this reference.
12. . To the exrear that the Owner has aulhorized the COnsttucdOll Manager, in writing. to perform
a portion of the Worle for this Project; with the CODSlnIClion Manager's own forces, !be saIaJy
and wage ldJcdaIe for die Construction Mauger's persormeJ performiag suc:b portioll oflbe
Work, agreed upoa by dJe Owner and the ConstrUcrioD Manager, shall be as set forth on
Atf....lnnast IV, auac:hcd hereto and made a part of die Conaacr Documczlts by this refereuce.
The ConSllUClioo Mlmger WURDts and represcnlS thaf Cbe salary and wage schedule iDcJudes
the lowest comparable market rares (including any and all beuefilS, contributions aad
insurance) cbarzed by the Consttuction Maoager for c:omparable COOlraClI to other bug,nrc,-
and individuals for similar services, IIId that such rares are DOl higher d18D die sundard paid
at tbe place of this Project.
13. The Coamucdoa Schedule for dUs Project is see fonb 011 AuacluDeat V, attacbed hereto and
. .
made a part Ju:reof by this refelellCCl.
.
14. P.Bepc u expressly provided be!du above, all of Cbe lenDs, CODdiliom, ~ 8&.<<t~tc
and UDdcrstaDdillga CODtaiDcd in the CODlnICt Documents shall remain UDChIJIged and in fiall
force and effecl. and the same are bemly expressly rariticd and coatirmed by the Owner aDd
the CoastnIcdon Manager.
JS. This Amr:Ildment may be rx.ec:uled in several c:ouncerparts, each ofwbiclllball be deemed aD
original bul all of whk:b shall CODStitutc ODe IDd lite same iDstnunent
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MIAMI-DADE COUN1Y PUBLIC SCHOOLS
---------
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IN WITNESS WHEREOF, die parties ha\'e afIixcd Ibeir signaClm:s, eft'ccdve 011 die daft: lint wriaaa above.
nIB SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
BY:
Chie! Facilities Officer
Facllitic$ Planning lIDd Construction
SEAL
APPROVED AS TO FORM:
BY:
Attorney for !he Board
CHURCH ,& TOWER. INC.
By:
BY, 0-~ ~
WilDesS
Prcsidenl
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CIIlIICII A __ 8C CIItMII
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MIAMI-DADE COUNty PUBLIC SCHOOLS
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A TTACHMENT I - CONTRACT DOCUMENTS - nIB DRAWINGS
ATTACHMENT 2 - CONTRACT DOCUMENTS - THE SPECIFICATIONS
A lTACHMENT 3 . CONTRACT DOCUMENTS. ADDmONAL CONTRACT DOCUMENTS
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'; IAMI-DADE cou~fy PUBLIC SCHOOLS
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Office of Superintendent of Schools
Meeting of April 1 B, 2001
uft ICE \). PlT Al
lriPROVEf1ENT PROJECTS
REGION V
March 2B, 2001
~I APR -2 PH K.:Oi4
Facilities Planning and Construction
Paul J. Phillips, Chief Facilities Officer
SUBJECT: APPROVAL OF GMP (GUARANTEED MAXIMUM PRICE)
PROJECT NO. A0526B-CM
tee ~~_+:"r'l4 ) EXTERIOR PAINTING AND WATERPROOFING
~ SOUTH MIAMI SENIOR HIGH SCHOOL
6856 SW 63 Street, Miami, Florida
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At Its meeting of October 17, 1998, the Board commissioned Church & Tower, Inc.
as CM-at.Risk for South Miami Senior High School. This contract provides for
construction services to the Board an~ a Guaranteed Maximum Price for constructioj:\.
J (,2'1 (,.JO ~
. The Guaranteed Maximum priE the Construction Ma , rch &
Tower, Inc. Is in the SUm of 1 contingency included , hich
covers all required work and inclu es s bcontracts, materials, continge y, general
conditions, bond, and overhead and prOfit; 77 ',- tJl
AJNP_ / t-Sf:,. oeu. ~! ~~
cofniSo"'.0~/2't 71zl lSbi'>O ;U.1? =El
Fund . ~p()
Program ~~ a. ~
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This project Is for k
W't-kr froO-h~
re ("90-f.t'~ ,e )(-\er"o...- f4 i" ~I~...
~+ S9U.1I\ g(q,mi !It
This project Is scheduled for substantial completion withi
/ the date of commencement.
The Project Architect, Brown & Brown Architects, Inc.
approval .of the Guaranteed Maximum Price (GMP).
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s Mr. Esteban Suarez. .
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e Principal Owner of Church & Tow
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THE SCHOOL BOARD OF foAIAMl-oADE COUKTY, R.ORIDA
PUBUC CONSTRUcnDN PERfORMANCE AND GUARANTEE BOND
Bond
No. 016-018 112
"
.ICHC)W AU. PERSONS BY niESE PRESENTS nv. T
Church & Tower, Inc.
ILeg.1 Titl. and Addr.. of eonu."or, DeUg~d 1=Irm. eMI
13317 S.W. 124 Street, Miami, FL' 33186
.. Principal fherein.'t... ref.rred to .. "Princip.I'I. end
Liberty Mutual Insuran~e Company
fl~.1 Tirl. end Acid,... 01 ScrottYl
200 Galleria Parkway NW, Suite 550. Atlanta, GA 30339
as S...ty ",...nall_ ref..ed '0 .. "S..ety"l. ... held .net rll'll'lfy bounet un,o TliE SCHOOL BOARD OF MIAM'.OAOE
COUNTY. R.ORlDA. .. Oblig" fh.reinett... r.f.lTH'o II "Oblig..",. in 1M _unl of One Million Six Hundred Twenty-Ninf
llnlert Coneract Pric.,
I. '0 whicft INIY'N'" Principii
h.irl. UlCUtorl. ldmInil1ratOIl.
au.and Six Hundred Thirty.-lJnd 001H>O.c:,"---OOI...1 ff 1,629,630.00
and Surety '''er.in.tter r.l_ed to colec:rl..llv IS "Obl'"ego,,"' bind them."",.. th....
1UCCe.._ .nd ...ig".. joinlly .nd .ev....lly. firmly by .,.... 111'_0.
WHEREAS. PrincipII end Oblig.. "'''I ..,..ed into. ...rin.n contrlcl dlted 'her.inllter
r.fllnWd to.. Ill. "Contr.c,"'. '0 p.rlorm cert.in wort! fo, Re-Roofim1: and Weather Proof in!!: . South
Miami Senior High School, HA-0526-CMCT-50
fin..... N_ 01 JobJProiect!
fher.inefler re'erred 10 II the "".oje""I. II evidenced by the Agr.ement IConlr.ct! b.tw..n Ih. perti.. inco,porlted therein.
.. of ...hicft it hereby ref."ed to .nd mad. . Pin herllO'.
NOW. llfEREFORE nil! CDNOmON OF THIS IOND i. .uctI tNl
1. If Princ:!tlal .U:
.1 PromPl1y ud feittlfully petfonn It IN elm. end in th. "*"'" prllllCribld uc:h end . 0' 1M
toP!". corWitlona. end prollieion. of dI. C_.cc. in Itrict eccatdence with Ice tit,",. .. .....
lorm. may be modified << emerMfed from tIm. 10 lime. end limely _1.1. 1ft. Projec:r in
KcorcsIllC. whh dI. terme dlereof: end -
bl Ind.mni'y. aav, end hold ","",eu Obligft end .. of h. offICer.. tglftCS end empto.,... ',om any'
egd ..'10..... liability end dllNlll.a. dalma. jI.4gmInt.. ,;_. COlli. .nd ,... of eYtty detcrlptlon.
~ltII' in COftVK1 01' in ton. w,*,* mooNd by law 01' .qllilV. ~ ml., be c.uMCf Otlli... by
,._ 0' the ,..... Dr ..f.uIt on Iho pal1 of I"rinclpal 10 ""orm any << .. of the .- " the
ContrlCt. lncIudincl eft modiflClliom end OlIIendm..t. therel.. .net .n., w..,.nliel << """"1'"
required therOUNl...; end
cl PrO"'lllly end 'althfully ptrlonn .ach end .. 01 1M ollr".tlon. of .... 1IV.....,1... 0' .. wark tnd
"'.Im", DC aet 'onh ..... .1 ......pha f 1 . '2, in Itric:t tCcorcf.nc:. wittl it. teml.. .. ......
t..fIlI ....y be modifNld or llMnded from 1Ime to tim., then thiI otIIig.,lon ahIII tI. ......; otherWi...
it .hall llt and ,_in in full 'om end .ffKt.
Z. I' .. dud" owing 10 Obl'"..... UlMMr IN COfttrlct and tIl. guerOln... plvvlded herein er. NIl ,.n'Clflllod,
whidl 0hI1 lnducI.. but /101 Jimi.eclIO. flriMip.... brMCh of delNI of ""' COfIIIKI. """' upon dtIIYwy of ."rift'" Mlic.
"'"' DtIIitN 10 Sur.ty, Sur-cv sMa oittMr ,trntdy ChI .,.uIt or br.ec:tI O. PrIMipel or IhIIl ..... chIr.. of !hi PMioct tnd
__tl. the COIIttec' 0' any ,......i11 worll ~M ""'... ChI Contracl or .. 1IV"'-" providecl herein erlta own ..pen..
provided. how....,. ""t "'. procecl'" by which SurolV undertlkel 10 disc:Nrve iI. oIIlig.liOl'II und... "'is IIond -"III be
eubject 10 the adv_. wrinlft epptV"" of Owner.
P_ I ., 3
''''U''' ...... fOl.cIOI
\
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3. s.n", IN, .... ... _"iv~ nali<< .. ..ndng 'a Ob"," (Uw "Nacoc. of EI.ction', ..,;.r.;" ,.....'" CU
.,.. aC,or '....10' al ...,lnen _de. .._ 0"".. '" s....'" af s...."'.. oIecI.... .."'. 10 ,-, .... ".IeuII ., CI........
1II'0"'lla, _ '" perlorm "'" conUllCt .._a, I. ",ovid'" h....in. ..... bei"ll of !h. ...one. of u.~ Do"". It> III. Holie. 01
81C11_. s....., .f\.1I .rat. "'" CI... Oft ..t\icf'I .". ,......., 01 perf_ ..oil co'""'_.. 5",,1'( '''II' .,.. 2i... ~O_t
..,Ice In ...rKing '" Obliv" irn.....:lleCoI, ..an m. e......,..cien II "'. .......y ondIe' __octi.... .1 .1cIt :w..e" ., II., ....t .~
~ioro fIf "'" COftu.c:t.
c. SUI'tv INn :-.ot '1IIrt tolvency 0' iu Pr'"ClpaJ Of iu '"nero.I", dcni.1 of d.fauft " ;uttl'lcalio" ta, I'IS
I.~ur. W give Ch. No'ic. 01 ElK.i"" '" fa, in I.i..... te prom;.d, .......:I, ,'', blloc/l 01 '0 camp'''' ::.. Ce..l1.ct S~..'" .,.."
ftCl ...111 0........ ,_",. '9 nodfy S.......I'\' .' PP1ftC"'., I>'..e" or ,..pOl"d "0 t,... Notice 01 EI.caGn "" ..bm.v "'ll"In_ .. ·
....it tor d....,;na ill lillliliry I~ Obll;.. __ I~' toftCI 0' '0' llen,l..; in .i.o.loty lor .'" """"0" 0' I'" CI....III.. d..me<:
......""er. ~:ng 'RY croll, d.ItNg...
5. s.."",.. fOf Y&Iu. recoivocl. .....111., ,ltim~". .nof Ill'''. N' no d\lngl.. ."bui,ution.. 1&1............01 timl.
IIterltiona or addition. to 11'\. tl'f"T'"' or ~ ConU'Kl 01 10 Ch. ....ork to be perlol'm" "'.,Mlnd.., 0' 'I'" .oecirIC.ll1WtI'"' ~
c1r.winQl accomp....'in; ..m.. 0' .ny .....'"11._.. Of pr......"re p.,...,..1 m.do ..., Obi'll" 10 "r1r.cipol. or '."t 'o",."..c.
.tw:__ on lto. p." ot .iIt'I., Obl;gH or Princ:i;>AI. at .Mer' ., ."., of It\..... '0 :1>0 0'''.'. .hllI ,n ...y .."" .rrlC1 ru
obieatian an ltoll lIo"cr. I"" it cr~1 ........, ..a;". notiel of any fUc:lI ct\I"lI." ",..SIit",,,,n.. ,rol"''''"' .f tlm.. 01'....'.".
Of lCIISitioN 10 U'I4 ~,","' of th. Concrac: << 10 Ilrort ra be p.rform" 1ft...,na.... or liD Ct"., a:ecl'lc.uon. cr Grawi"9s ."d
...... lIlat &hall ell........ .....nin.";"",. enol .ui._ ...... bOCO"'" p,o"...on. 01 1111 Cont"Cf. S".ety I~nl'll1 ....r... ::'>It
comp5Mlc. .nIt .....camClhne. ...1'" ...... formolili.. eOMeCf'" ..i1to "'. ConIU~ e, c:/IIno. Clell "., .lIee' In. Sur.......
olll...,o" ..ncIo, IIIi. band.
S. If Surarv fa'c !e 'el promplly. tt\." Oblill" m.., lIiv. nolie. ~t luell "'",e. bOl" fO Pto/tC:pll .Ild S"r.IV.
_ ."er !h. IIlpitl1lon 01 I." ('01 diva. Oblig.. ml'( ca".. .he ...or. '" b. 1I0ne. WIlen lI\I C:II .1 III'IO""'''C. b., Obl';~
i. .li"'I1.... 0111.0" ."... p.Y .", ..... oil ..Iime.... :osr. 01 ..."'" ,. Ow".' w.,/l", "''''V I~'" CII(' 01 'ocr-pI .f r
..,....tt. MY .~, con. in IIlCWII 01 rr.a .u;INI:1C1 prie. ahoIl be p."d 10 Ow"" OIl ClImI"d. ..."o..lo".Uy. 0"'.011 11'.
III I.bl. to' .., .Pllllcltl. l.q"id"'" and/or del., ~~. ",.. .cCI\M "p !hr."," .nd inch..CI;"lI '''. t,m. 0' COtl>plll.O" 01
.". "'o.-a _ ConlrlCI perl"""'nc:. b, Su..ry.
7. Sur..., fur1h., 8liiI-'. . p," of IIlis olllit.tiOft. '0 PlY ., Camall.' of ."y kiftcl '0 p.rlOf' Ot oroperl, thot
1ft.., ,1aIIt tram a foilwr. ~ any f..1MCI to portOf'" MIl co",pl". ",. C""".CI in . linMf, _or, .,ctuoi1>g Du' not .-..,
10. .. fOOOi, .nd ,lQIlC8m..,1 co... necI........ '0 flC"J'., corv\l\lCt;on ....r.. III .,"'.., d...-s... .rCI>,t.c."..1 .nd ."'iII....,O
..... 8ftd ._. ... conN"'" f.... .. t.Iti"ll aftCI 1.~tOt"t f... ..... II irll....I.....d~i1,onoll'. p~,.,,"'I 10 I E27.cZI. Fl..
Sl.... ... Oblig.a ..... be antitlld 10 r.coy" from 5...ery all ."om",'. .nIl ot"er legal f... ancl til;g.t"'" CO.U. includ;nc .".
Cll'fl .. "'Y IOP.aI. inclnIlf by OllfillH.
P
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.. ; Th. ....., ImOUfIf of IhiI band wi 1M __.._ 10 Ch. I.!...I "II' ClI'";1 ord." It. .uulld 11111
DICU'1Clf\ of "" .i:....".Ct incr...ing ell. Contract .......
I. ~u,IIfo( Ill'." trill. .mar tf\In .. _ill'" ill "" 1IoneI. .t m... nol d.....Nf el Obl'lI_ "'" Obr;gl 1""1: ",.
alp-'.,,,, IIIY~ or .el, III"", ony ,,",;c.. el Iurn;." .ny cIoric.ll ..si.'oncL 411 line., any ......,ca. II ,,,,ni'" any 0'0.'
.. '_"'11. or fI I.". ..., 0"''' .01:0" oC '''' "..... or dlscriptlOn w/lido i. llClt 'lClwir,cr 01 Obligll :0 III dfll". "ner., ,,,.
Conl/.e1 rn4 ,01.1'" "_...,,.
10. T"'.I*'f.......e. bofItf it . common ..w bond .... IN netic. lner lima Iimtl 01 , IS.I ~12lC'; 1'1.. S.IC..
'POIY 10 .,,_ for pert.,.....c. of ltoit c_&CI.
.... 'I. G..-... 0' "'........ ..... .............: Ptincit:oI .......,... III .....1..1011 ...., ..OIk.'I/I.p ,,,,,".e
pa,form'" ....00' III. Ca"l/eCf fa' ",. ma.._ liIII. IIlC"C b., I.w .fl. """,ace.t..... 01 ".. ".."cI .., 0111.....
,_ 2 01 2
~""II6A II.... oOl.ocl
.
11
,%. G__t...f .._..""......don: ...... c'Cl" OU.,.,.t... en. _'If'" operl'ion ". In ~Q/ ...s
-'<<:lnc.lllQUioment and ... ortler devkft end equiflm.nt hi.... ...<<ldnt pat1' inn"ecl in ... l'rojecc Ot luppliecl ~Int 10
ChII COl\tIK1 lot ChII mlximum lime .."...1Id by II... .hlt ,inti .=-ot.ne. 0' "'. ",ojlCt lIy Ollfig...
Signacl and SI./ed !his 27 t h IfIY ,,'
~ TH"~F' .
/-
April
" P,SEAU
By:
AI 10 f'rinc.ioll
,,~ ""
,
IN THE '''ESENCE OF:
_2?
~ 10 5ure'lY
By:
My CO"'",IIIII'" ..~irlS:
iluL'-tL1. ~ ISEAL!
Anarney-In-Flc, AI eana Perez
~ ""~leana Perez
STATE OF Florida
COUHT'Y OF Browllrd
.~:
Th.'Ot-o';inll inlUumllftr w..ecllnow*'lled 1M''''' ",.lhi.
20 01 .lIy Ileana Perez . wf\o II.,.,....
kn;'; to .me"l id.n,ificatlon.
--
;"
NOTE: If 110m ~" IncI SurelY'" corporltioN. IN '...-ctivI corDO,.,e ...,. "'.. III .lfiud end .nectled.
~. .1 A__ 11111 .a.ched.
"""<)YED: el' t" ,.,....
Aaemey 'or ne Sc:IlocIl ....d ., MiMltoOIISe Counry. Aoridll
eAaech I"ow.. .. AaOftley'
~_J"~
"".12" _.101401
It
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS rr IS PRINTED ON RED BACKGROUND.
-728267
This Power of Attorney limIts the act of those named hereIn, and they heve no authority to bind the Company except In the
menner and to the extent hereIn stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That L1b8i1yMutual Insurance Company(lhe .Company.), a Massachusetts
mutual insurance company, pursuant to and by authority of the By.law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, ILEANA PEREZ, JUU A. RUSSELL, MICHAEL F. VADACH, MERCEDES M. PAMPARATTO,
SOCORRO RIOS, MARIA C. RODRIGUEZ, ALL OF THE CITY OF SUNRISE, STATE OF FLORIDA ...........................
......................................................................................................................................................................................................
...................................................................................,..................................................................................................................
....................................................................................................................................................................................................................
, each individually if Ihere be more than one named. its true and lawful attorney.in.fact to make. execute. seal, acknowledge and deliver. for and on its
be halt as surety and as ils act and deed. any and all undertakings, bonds. recognizances and other surety obligations in the penal sum not exceeding
~FVFNTY un LinN AND ODJ1001UJ.uu..u. uu.uJ.~J.,L DOLLARS ($ 70.000.000.~ ) each. and the execution 01 such bonds or
undertakings, in pursuance 01 these presents, shall be as binding upon the Company as if lhey had been duly signed by the president and anested by
the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI . Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in writing by the chairman or the presiden!, and subject to such
limitations as the chainnan or the president may prescribe, shall appoint such anorneys-in-facl, as may be necessary 10 act in behall 01 the
company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations. Such anorneys-in-fact. subject to the limitations settorth in their respective powers of altomey, shalf have fuD power to bind the
company by their signature and execulion or any such instruments and to anach thereto the seal of the company. When so executed such
instruments shalf be as binding as il signed by the president and anested by the secrelary.
By the following instrumenlthe chairman or Ihe president has authorized the officer or other olficial named Iherein to appoint anorneys-in-fact:
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Gamet W. Elliott is hereby authorized to appoint such anorneys.in.fact
as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations.
That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
IN WITNESS VIIHEREOF, this Instrument has been subscribed by lis authorized offICer and the corporale seal of the said Uberty Mutual Insurance
Company has bean affIXed ~ in Plymouth Meeting, Pennsylvania this 19th day of October :;>>000 .
J:fSV LIBERTY MUTUAL INSURANCE COMPANY
" -..> ~ I
:ly ~ . OL:..~
Gemel W. EllioI\, Aui,''''ll Secretary
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day of October . -,p.. . 2000 before me, e Notary Publlc,persOnally C8Ille 1he 1i1dIvlduaI, known to ; i
. idual and otr..;er at Uberl)l MuflIaiI!lSU1!inCe Company who eXecl!Jfecilf1e~ng Inslr\llllllllt, end he acknowIed- c :
lhe slilalatrllled 1ll.l/I!IsaldpreC8dinglnstrument Ii the co~ seal of SIkf..QOmP!I"Y: and 1hat said eotpOrlIte 'E,
as duty affixed and$iibscribed la.the aaId instnJrnent by aulllOrity and d1~ of the said comp8/l)'. 0 ,
. .... ........ ..'........ . . u.
Set.. ha~ and affix m officIal..1 al Pl~ Me~rtg,~, Ut~y~Yli18r rim lIbove wrItlen. ~ :
OON~.r."~~_:.. ~....~~tk
~"""~-.. ~~. ::. '.
~_E ..~ .t. , E .
I. the uncle', . .. of Uberty M~~~:~ny, dOi.e.llby ~~I~.6.dsjriai pow;r of allcJlill!Y of which Iha
ngolng 18 a full, IIUe a copy, _In fuft fon:e and effect. Oll.ltIedale of thIS cer1llk:ate; and.l.'do .J\lI1Mf' .:8i1ffy lhalthe otflc8r whO executed ..the
lid power of anomey WBI one of the officers specially authorized by the chairman or the president to appoIr1t any allomey-ln-fac:t as povIded In Ar1icIe
Vt. Section 5 of .. By.Jaws at Uberty MuluaJ Insurance Company.
Thfs certlllcatt may be lIlgned by facsimne under and by aulhorlly of the followlng vote of 1he board at dIreclol1l at Uberty ~ llI$UfllIlC8
ompany at . meeting duly called and held on the 12th day of Man:h, 1980.
VOTED lhalthe facsImile or machanlcally reproduoed slgnalure of any assistant secretary of !he company wherever &ppeanr1g upOn . certified
CClp)' at any power at anomey Issued by the COITIP8IlY. shall be Vllhd and binding upon 1he cocnpany with the __ fORlit and efleet as
though manually affixed.
I TESTIMONY WHEREOF, I have hereU~M'fsc:rlbed my name and cffilced the corporate seal at the II8ld company, this
Avril ,. ~ ,2/;/2 . ..
~. ~....
IS POwER OF ATTORNEY MAY NOT BE USED TO EXECUTI: ANY eOND WI1'H AN INCEP1lOH DATE AFTUI Oetnt.r 19 _ _.20 M
55
::OMMONWEAL TH OF PENNSYLVANIA
::OUNTY OF MONTGOMERY
On !his 19th
ne to be the therein
led that he executed
eaJ and his signet
IN TESTlM
27th
day of
THIS POWER OF ATTORNEY IS NOT VAUD UNl,ESS IT IS PRINTED ON RED BACf((,lROl,lND.
7~8266 r--rr
. This Power 0' Attorney limits the ect 0' those nemed herein, end they have no euthorlty to bind the Compeny except In the
manner end to the extent herein stated. .
UBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY. THeSE PRESENTS: That. Liberty Mutual Insurance Cqmpeny1the .Company.). a Massachusetts
mutual insurance company, pursuant 10 and by authority of the By-law arid AUlhorizatiOrihereinafler set forth, does hereby name,
constitute and appoint, ILEANA PEREZ, JUU A. RUSSELl, MICHAEL F. YADACH, MERCEDES M. PAMPARATTO.
SOCORRO RIOS, MARIA C. RODRIGUEZ, ALL OF THE CITY OF SUNRISE, STATE OF FLORIDA ...........................
...................................................................................................................................-...............................................................
.......................................................................................................................................................................................................
.........................................................................................................................................-............................................................
........................................................................................................................................................................................................"-.."-~~
, each individually if there be more than one named, its true and lawlul anorney.in.facllo make, execule, seal, acknowledge and deliver, lor and on its
behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations in the penal sum not exceeding
SFVFNTV MilliON AND 00/100............. . ... DOLLARS ($ 70,000,000.00- ) each, and the execution 01 such bonds or
undertakings, in pursuance of these presents. shall be as binding upon the Company as if they had been duly signed by the president and anested by
the secrelary 01 the Company in their own proper persons.
That this power is made and executed pursuant to and by authority 01 the IoIlowing By-law and Authorization:
ARTICLE XVI - Execution 01 Conlracts: Section 5. Surely Bonds and Undertakings.
Any officer or other olficial of the company au'horized lor that purpose in writing by the chairman or the president, and subject to such
limitations as the chairman or the president may prescribe, shall appoint such anorneys-in-Iact, as may be necessary to act in behalf 01 the
company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and olher surety
obligations. Such anorneys.in.fact, subject to the limitations set lorth in their respective powers 01 anorney, shall have lun po_r to bind the
company by Iheir signature and execution 01 any such instruments and 10 anach thereto the seal 01 the company. When so executed such
instruments shall be as binding as il signed by the president and anested by the secretary.
By the lollowing instrument the chairman or Ihe president has authorized the officer or other olficial named therein to appoint anorneys.in.Iact
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Gamet W. Ellion is hereby authorized to appoint such anorneys-in-Iact
as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligalions.
That the By-law and the Authorization above set lorth are true copies thereof and are now in lull force and effecl.
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporale seal oIlhe said Liberty Mutual Insurance
Company has been affIXed ~in Plymouth Meeting, Pennsylvania this 1 Qlh day 01 October 2000 .
f1~~
\:.~ '..'J; LIBERTY MUTUAl INSURANCE COMPANY
""......,.,.....
3y 6'~ . . ' a.t:"T:6
Gamel W. EIIloU. AulalanI Secretary
On this 19th
18 to be the therein
ed that he executed
lIal and his signat
IN TESTIM
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X>MMONWEALTH Of PENNSYLVANIA 55
:OUNlY OF MQNTGOMERY
day ~. October . A.D. ..~ beror.l"e, a No~Publlc, .pe!Slllllll1y came the I[1divldual,knolVlllo
.. . .iclual and otrK:ier 01 UbertyMul\lalJ~ Compa.i1YWho e~ed."",~~ InslNment, end he acknowIed-
riiI B the seal_flixed to.~ .Nldprece.llnginstrume~18 1he co~ 'stialot.'-k!oornpany; and 1t!at said corporale
as duly affixed and subscribed to the .aaid instrument by ~Illy and d1rectlliit Of the said company.
.~ .... .... ... ......... ....c .
REOF,\ .... . $at ~ =. ~':.:.. oIftCia/$.ealat ~.... ..:~. M".~}. P.l~ ~,th.~e ..~.'.. va......r firs' eboW wrilIen.
* OF \:>* OON~~..lIHEUls ~PullOi: .. ~~;.:~A'/
~.~. .. ~.Np;;. .......-....... '-"...~. ................ .. ..... .... ......
.f..~,,~~ Oloriolioo...E..... .:.:. ':u. .
I. the uncle ~ .ltt8~ 01 Uberty ~ ~1IilariCe~ny. do~ ~~rJhli~ JlOW$r of allo~of Whieh the
,.golng Is a fIJI, lIUe a copy,llI.1n lull lorce and effliCt on lhedale of this cerliflcale; and.l. do filIlttlir.i:eI1iIy thai the ofIIcilr who executed the
lid PO_r 01 anomey was one oIlhe 01t1C81S spec:lally auIhorIzed by the chalnnan or the pnISldenllo ~I any allomey-/n.18cCl as pnMded In ArtIcle
/1. Section 5 01 the By.Jaws 01 Uberty Mutuallnsurln>> Company.
ThIs certificate may be Ilgned by facslmne WIder and by aulhOIlly 01 the foIlowlng \/Ole 01 the ~!d 01 dI~ of \.:I)ltrty. NuIueI losUl1lIlC8
Impany at a meeting duly called end held on the 12th day 01 Man:h. 1980.
VOTEO lhatlhe IlICSlmlle or mechanically reproduced signature of afl)' asslstani secretary of the ~ wherever appearing upon a cellllled
copy 01 any power olllnomey Issued by the company, aIINl be valid and blnding upon the llOIIljJ8Ily wiIh the same fOllllland e1fec:l as
though manually allixed.
TESTIMONY WHEREOF, I haw hereunto subscribed my name and alflxed the corporate Mal 01 the said company, this 27th
.April . 2001. G (')./ .... . ..~/....
. "'rJ ~~..
day 01
S POWER OF ATTORNEY MAY NOT BE USED TO EXE~ ANY BONO WITH .v"..."p..1II na..... a.......
^""",,,_a..__ ....
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.
"\
01 .....ion& '0 th. t.,.... .f the Conuaa ., 10 !he _ort '0 be perlOf'lfted tiler.....,. 01' the ",_fationa or .........
rca",-nvn. ....... at eny .",....~. 01' pr___ ..-ymenl .....s. II\' Dlllig.. to rrincipe/. at eny fClr'be~
wfII........ on !he paI1 of .ithe, Oblig.. ., ~.,. .. eiIIMt of .-.. to ... 0"-. ...... In ..., ..ey .ff.a Ita 4IOGvaclan en
... Mnd. 8nCI1r dOal II....by waive noUca of eny a.ICf\ cI\anQ... aubltitvdon.. U'\enaion. of dme. ....dona or 8dclition. to
Ute I8mII Of !he Coner.a lit eo ....... eo be performed th<<.....,.... at to ltM rpecir_tlaN ., tIt.wIng. .,.., ear- lfIat .....
cnen;... IUtlllitution.. .r>4 addition. an.ll become p,o,,;.i_ a' tho Contrect. Sut.ry funtwf 8G'- !het c:ompli<<t>e. Ind
....__.""ianc. wiltl .ny for",alili.. connectlld wi." th. Cone'.a 0' d\ang.. lII... no. .ffOC'l ltM Sur.ry'. obliga.1on \Inder
Clis bond.
I. ......... of ,...., A_e
TII. lI.n.. .moune 01 'hi. bond .".11 be increa.ed 'a ,h. ....n. that c:t\a"lle o,d.,. .,. iuuad .fler IlflCution of .h.
Conuac. inc"...ing 'ha Cantrlct lurn.
SivrlH.nd S....d t"i. 27th day 0/
IN 7CE, OF.
April
By:
A. '0 PrincipII
ST A TE OF FLORIDA
COUNrt' OF M ,,, M I nA bE"
Th.:],egO'''O in..rum.n, WIS .clr.rlowledgad befo.. m. th.1 J !of elIy 01 MA\I
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20 Q.L. llv OSE<:::;)AC2 r~" D . w"o is:Q.!rlonaUy kncl~o "'. 0' "a. p,oduced
O~O-'"'"lr
NOTARY PUBLIC
a. iden.ification.
QV p,_ NOTAA\' 5EAI.
~,.. "41 CNlOLALllERT
0.1':0
.. COlIMISSICN _IER
:; "~ CC928373
IN THE PRESENCE OF . 'j<o 0, f"'O~ IAVa:;-::,ICN,::w-s
~-;p
A. cO Sur.ry . :;
My Cammiulon ..pt..:
By: ~ p~
I$EALI
~.~n:i Pl!re2:
Rorida Relident At.nt Ileana Perez
STATE OF Florida
COUNTY OF IIr~?r"
Th. f.,egoinll ins'rumenc .... actno...IadOed INfor. me cPli.
%0 {)l. by Ileana Perez . who i.o"''''''_
known to me II idanlific..ion.
,.
-
d.y or
NOTE: If both Pmcio81 8nCI s....,y It. co,pot.li_. .h. ,npec:tiv. ecII1IO,a,. ..... ahaIl be .m.ad
'-- 0' Aftom.... to be arclCllfCl.
APfltlOVED: II. 10 ._t
ARorney '01 The School eo.,d of Miami.Oad. CounCV. Acrida
....ne~ "- of Anomeyl
'_J.,J
J".U.3 _.10..001
..
rk-nMlAMJ-DADE COUNTY
_.- PUBLIC SCHOOLS
GUARANTEED MAXIMUM PRICE
CONTRAcr
EXHIBIT
1\/1
.
1HIS GMP AMENDMENT, made and entered into as of this 18th day of APllIL .2001, ("GMP
Amcndmcut") amends that cer1ain Agreement between OwDer (The School Board of Miami-Dade County, Florida) and
Construction Manager (CHURCH & TOWER. INC. ), made as of the 17 day of OCTOBER. 1998,
for the following described project:
SOUTH MlAHI SENIOR BIGB SCHOOL
ROOF REPAIR/REPLACEMENT
EXTEllIOR PAINTING & WATERPROOFING
PROJECT NO. A0526B-QI
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement in the manner set fonh
herein.
NOW, llIEREFORE, in consideration of the mutual promises and COVCDllDts contained herein. in the Agreement and
the other Contract Documents and for such other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Owner and the Construction Manager do hereby agree as follows:
I. This GMP Amendment is executed in conncction with, and is deemed to be a part of the Agreement and the
Contract Documents. Wherever the tenns of this GMP Amendment and the terms of the Contract Documents
are in conflict, the terms of this GMP Amendment shall govern and control. The tenDS used herein, unless
otherwise defmed in this GMP Amendment, shall have the meanings ascn"bed to them in the Contract
DocWDents.
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a. Attachment I - Contract Documents - lhc Drawings
b. Attachment n - Contract DOCIDIICIIts - Tbc Specifications
c. Attachment m - Contract Oocumeutl - AdditicmaJ Contract Documents
d. Attachment IV - On-Site Managcmcut and Supervisory Personnel
e. Attachment V - Salary and Wage Schcdule
f. Attachment VI - Constnlction Schedule
3. The entire scope of the work for this project is hereby iDcolJlOratcd into the work.
The Date of ColDDICIICCmCDt for the coDStnlction of this project shaD be
(The "Date of Commencement").
s. The Construction Manager shaD achieve Substantial Completion of the entire work for this projcct DOt later
than 210 days from the Date ofC"""""""CClDCDt (the "Contract Time"). And fiDaJ completion not later
diaD 30 days from the date of Substantial Completion. Failure to meet either the Substantial
Completion or Final Completion dates shaJJ be a material breach of this Agrcemcml
4.
KAY 2" 2001
6. lhc Owner and the Construction Manager ac:knowJcdgc and agree that the Owner wiJI su1f'er damages u the
CoDStn1ction Manager fails to achieve Substantial Completion of the entire work for this project as dcfiDccI in
the Contract DIV'''-~ on or before the expiration of the Contract Time; which damagca are difticuIt. uaot
impossible, to ascertain with any degree of c:cJ1aiDty. A~ly. uthe Constructioa Manager fails to a~eve
Substantial Completion of the entire worIt for this project on or before the expiration of the CoDtract TIDl~
liquidated damages (which arc DOt intCDdcd as a pcIIlIJty) shaD be assessed against the Construction Manager JD
an amount to be caIcu1atcd in accordance with Contract Documents using the GMP agreed to for this work ill
this Exhibit as the basis for calculation. This wiD occur by virtue of the Construction ManagCl's failure to
achieve Substantial Completion of this project within the Contnct Time.
GMP FM_'i070 'Row. (12-00)
,
. ,
I
I
tVt
..
. ,
7. The Guaruteed Muimum Price for this project is hereby gumutced by the Construction Manager not to
exceed the sum of "ODe Killion. Siz Buudred '1'venty-nlne Thousand. Siz Bundred ThirtY"
($ 1.629.630.00 Xthe "Project GMP"), based upon the eulire scope of the worle lIS described in the
Contract Documents, including. but not limited to, the Drawings and the Specifications, subject only to
additions IIId deductions by Change Order or CoDSlnJction Cwlge Directive, IS provided in the Contract
DocumCllts. The GMP is more particularly itemized in the SchcduJe of Values prepared in accordance with the .
terms of the Agreement, which Schedule of Values is attached hereto and made a part of the Contnct
Documents by this reference. Included in the Schedule of Values IIId specifically identified herein, the
contingency included in this guaranteed maximwn price is the &mOUllt of $ 77.601.00
8. The Construction Manager shall provide Commercial General Liability Insurance, Automobile Liability
Insurance, Worker's Compensation Insurance, IIId Builder's Risk Insurance in compliance with the provisions
of Article n - Insurance and Bonds of the General Conditions of the Contract for Construction.
9. The Construction M8Ilager shall provide the Public Construction Payment Bond and the Public Construction
Performance and Guarantee Bond in compliance with the provisions of Article I I - Insurance and Bonds of the
General Conditions of the Contract for CoDS1ruction.
10. By executing this GMP Amendment, the Construction Manager acknowledges that it has ascertained all
correct locations for points of connection for all utilities, if any, required for this project; and has identified all
clarifications and qualifications for this project, if any.
I I. The Construction Manager's on-site management and supervisol)' persoDIlel for this project arc set forth on
AttlChmcnt I, attached hereto and made a pan hereof by this reference.
12. To the extent that the Owner bas authorized the Construction Manager, in writing, to perform a portion of the
worle for this project; with the Construction Manager's OWD forces, the saluy IIId wage schedule for the
Construction Manager's persoDIlel performing such portion of the work, agreed upon by the Owner and the
Construction Manager, shall be as set forth on Attachment IV, attached hereto and made a pan of the Contract
Documents by this reference. The Construction Manager wammts and represents that the saluy and wage
schedule includes the lowest comparable market rates (including lIlY and all benefits, contributions and
insw'ance) charged by the Construction Manager for comparable contncts to other businesses lIDd individuals
for similar services, and that such rates arc not higher than the standard paid at the place of this project
13. Except IS expressly provided herein above, all of the tcnns, conditions. COVCIlllllts, agreements and
understandings contained in the Contract Documents shaD remain unchauged IIId in full force and effect, aDd
the same arc hereby expressly ratified aDd confirmed by the Owner and the Construction Manager.
14. This Amendment may be executed in several counterparts, each of which shaD be deemed an original but all of
which shaD constitute one and the same instrument.
.'
..
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f'J1
IN WITNESS WHEREOF, the parties have affixed their sigD8turcs, e1J'cctive OD the date ("lISt written above.
CoastruCtiOD Manager shall execule and provide one (I) of the following:
signature, corporate seal, attesting secretary; or
signature, two (2) witnesses; or
siguaturc, NotaI}'.
Qc:.P~ ~~
WIlIless
Stale of ~. k't ,dc, .
County of ~ \ C fY'Il - :i)-.c\e
On this ~ , day of C"'('-), ~ .2lQL -- L . --
Prinl name(s) of sisna(s)
personally appeared before me, as the signeI(s) 0 e attacbed instrument, and be/she/they acknowledged thaI be/s ey
signed the instrument voluntarily for the pwpose expressed in il, wbo is 1$ooa1l Ieno me or bas produced
Attest SecretaI}' or Witness
CHURCH & TOWER, IHC,'.
Name of Finn
~Ill,~
(Sign as 00 contract)
(SEAL)
Type of Identificatioo ID#/Expiratioo Date
(Seal)
APPROVED: IDsurancelBond
~
Risk MaaagClDCDt
8J)'
1lIE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
~iti?jfm{;(
Facilities Planning and Construction
..
_. ......_.... _ __ ,t.,-Ml
,
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MIAMI-DADE CO,UNTY PUBLIC SCHOOLS
DMSION OF PROJECT AND CONTRACT MANAGEMENT-155 N.E. 15th STREff. ROOM P103-MIAML FLORIDA 33132 - Work LOcatiDll No. 9210
IOGEI C. CUEYAS
... -.,1.. SIT WI:afOOLS
c.
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DAIlE ClIUITY ICHDOL IDAIlD
"PaAr___
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"__Y. ""HI
IM.IOIlI1M PINL ....IU.
IlIl_TA ""Il
.. SOlallOW CoITIJilSD'
oIUUO AL VAllEZ
IllEClITIYfDllftTCIll
May 2, 2001 ",
Mr. Esteban Suarez
CHURCH & TOWER. INC.
13317 SW 124'" Street
Miami. FL 33186
SENT VIA MAIL/FAX 305 234-2892
709934000005 5815 7690
Project No.:
Title:
Location:
Amount:
GMP Amendment
Board Approval Date: April 18. 2001
A0526BCM
Roof Repair/Replacement
South Miami Senior High School
Project GMP $1.629.630 (Contingency included $77.601)
GMP
NOTICE OF COMMENCEMENT
'i1. I 8~, Od-q. cc>
-tr' GOI <1 ~I 4-3 S
/)3,;;-
8, fI.t> (fllo- 0,
77 >-1 t
;s.~&J3
We have received and examined the required bonds and insurance forms you have submitted on this
project and find them acceptable.
Under Article 8 of the General Conditions you may now commence the work. The substantial
completion date of the work is November 28. 2001.
Enclosed you will find copies of the Contractor's Requisition Form FM-3071 which is required for
making partial and final payments. This form must be executed and submitted in accordance with
Article 9 of the General Conditions.
Please sign. seal and notarize all copies of the enclosed Guaranteed Maximum Price Contract at
designated places and return to this office. A fully executed GMP Amendment will be provided to you
when all authorized signatures have been obtained following appropriate administrative procedures.
The Board has designated the firm of Brown & Brown Architects. Inc. as the Project Architect on this
project.
,.
C;:>C;,Q3144 -r
JP '1 1 (POI, 0(::) _ _ II
- CcJA-f";'i-e...n'-4'. - _
034-5- Sf.. ~{)_ ...., 7 :;>./-d(.C;.=
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Sincerely. I.
~. Q. /-..L<./~ (j;rf4,-:'
Shari A. Lee. Executive Director!
Contract Management
Attachments
SAL/nc
CC Mr. Rigo Zubizarret8 - Ms. Rusty Ball
Ms. Sylvia Giardina
Brown & Brown Architects.
,
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THE S0400L BOARO OF MlAMt-OAOE COUNTY, FLORIOA
PUBUC: CONSTRUC110N PAYMENT 10ND
Bond No. 016-018-112
W AU. PERSONS IY TliESE PAESEMTS ~AT
Church & Tower, Inc_
.Levl' rllll M4 Add'.&I 01 ConUICIOt, Ouogn-BUl1cl F~",. CMl
13317 S.W. 124 Street, Miami, FL 33186
.. Pr~all'-,inlh.. ,.f....ed 10 .1 . Principal. I. Ind
Liberty Mutual Insurance Company
fLeal1 Till, Ind Add,.u ot Sur'lyl
200 Galle~ia Parkway NW, Suite 550, Atlanta, GA 30339
.. s.,ltY ell.,onltt. "I.,.ed 10 .. .S.....ly.,. Itl h.ld end Iinn/y tlound unlo THE SCHOOL BOAl'lD OF MIAMI.OADE
COVNTY, FlORIDA... Oblig". eh.,,,in.lt., ,.t.,TlG 10 II 'ObligH.I. In 11\. ,",ounl 01 lOne Million Six Hundred Twenty-Nin
fln.en Contract Price'
lousand Six Hundred Thirty & 00/100 'OoIle,.. It 1,629,630.00 I. 10 ...hich PCV"-lt PrincipII
.., Sut~ bind lh.mllfvls. lhei, heirs. euCUlou, edminilltlto'" 'UC:C"IOr& .nd ,,"igna. joinlly .nd ..v..ly. r....ty by
",... pr..."...
WHfllEAS. P,incillal Ind Oblige. hlv. .nl...ed inlo . w,in.n cont,.ct d.'ed Ihereinllte,
",timid 10 II tt1. 'Conlf8Ct'I. 10 p.rlorm c.....'n ..ork for Re-RoofinR and Weather ProofinR, South
Miami Senior High School, #A-0526-CMCT-50
fins." Nlme of Job/Prlljlcl1
Ch<<einltt" ,el....d 10 IS tile .Project-'. u .vid.nced by ttl. AG,..ment (Con",cl' bel..",n the II'"'''' inco'lIonled 1111..;".
...n 0' which i. Il...by ,.f.,,~ 10 Ind med. I part "".ot.
NOW, THERf'FOAE. THE CONOmON OF THIS 10NO is luch l1I.t if P'inciplI she. promptly makl Dly",.nu to In
CIelmanu, II her,iNIller d.roned. for .11 Iabo,. .....icec. "'I,.,i"l. _pli.. .nd lClui_nt u.ed 01 r...onably 'lCluiled fo'
UN. ~ther e!ir<<tly 01 indirlCtly. in "'I pettormlnc:. of the ContrlCl. In lhe IKOIlCIItion of lhe ..ork provldld for in tl'>c
Con1l'Kt. tII' WI the p.-formenc. 01 ",. gu.,."t.. 01 aff ...ork Ind mlt.riall lurnished IIndet till Contr.ct then mi. ob!ig.tian
MeII be void; olhetwise to remain in flld lor~ Ind .ft.ct.
,. Cleftnll - hbcOlllrlctor8 end SllClCtli.r8 of "",,Cplf
~--
"Claitnlllt- it Uled .~tlin II ".fined In I 255.051011. FIe. 511'., end ..;;;'CII 10 .ny p...on, party, D_"ship.
COtpOnItiol'l tII' Olher ...rity lutnilllinll Ilbo'. IlItVic:l. or ",.tetil" IIled or r..lOn.llIy requi,ed for UII in tII. perform.net 01 "'.
ConVICI. wittlollt r""e! 10 wher".r .ucI'l 'Ibo,. .-;ell. or tnlIteri41f. ...er. sold. 11...d or ,enled. end ..lttloul rllll'e! fa
.....ther _1\ CIIimanl i. or il nol in privity of conrllct ...ith P,incipll or .ny 'UbcontflCIllf ",rforming wo,k on th. llroject.
.~ .
2. "'he 041 'IYfMI\t Iond, - fathes WI InstiM'
Every Claimanl wl\o "" nor tlnn D.id in fuel nin.ry 1901 dlYI .her the d.y on ..hich If'I. lalt of the 'Ibor WII done 0'
lMt10rmed or ....ler;.1 WII fumi.hed or lupplied 10 l1Ie ProjlCt try IUch person for ..hich IUCh Cf.irn i. med'. l"e1' It.". "..
right to III' on Ihie bond for the Imounl """lid If the lime of inalitution 0' luc:tI ...it encl to prOllcut. sucf'I ec:tion 10' the
.urn or ___ ;un,lr lfve .uch ~10I'l. Induding .. ,..lon.lll. COI.. of hill.don. rUIOftIbI. .nom.v'. '..1 IPulSUlnt 10 f
827.428. Fl.. stlit.l, encl eno",..r. IIdlirlCr Ind Olher e.IlPlrt ..ittlelS f....
3. Suiu on PeY"""t lIoncf. . Wherl end WIt.n -.ouelll
E".'Y luit Nliluled upon rile bond ",.11 IN bloughl in I COUll of Compel,"' juriaoJir:bon for lhe CO\lf\ty or circuit in
wNctl "'e ConlflCl ..... to INI ~torm"'. Oblig.. nemed in .,... bond Il\IU not be joined II . p.ny in .ny luc:h .uit. The
nolie, .nd tim, Iimitl of I 255.05. Fl.. SlIr.. ... inco~.lId I\er.in.
.. Nt.rllIo,... A4c11tionf end O\anlJ"
s..r.lY. r.... v..... ,,,,eiwed. h".by ni1>uI.t.. .nd 111'- thlt no ctIe"ll... lubltiMion.. .dlll.ionl of time. Ill.lfillN
'IV' I ., 2
'M-S2C3 flew. IOt-401
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lito DADE COUNTY PUBLIC SCHOOLS
-~ ACCOUNTS PAYABLE SECTION
Contractor I Architect Payment
VENDOR 0000904995
CHURCH & TOWER
ATTN: MR. STEVE SUAREZ
13317 SW 124th STREET
MIAMI FL ' 33186
\
,--)
\
EXHIBIT
d
DATE
November 19, 2001
SCHOOUDEPARlUEHT
SOUTH MIAMI SENIOR
FUND OBJECT
0312 5630
WORK lOC NO. PROGRAM
7721 2693
FUNCTION NET AMOUNT
7400 $14,400.00
Please draw warrant as payment allowed by The School Board of Dade County, Florida
for the following: PAYMENT #I 2
PART PAYMENT ON PURCHASE ORDER NO.
See the attached Certificate No.
2(6)C
furnishing of labor and materIal for the
CONTRACTOR'S FEES - - A.0526BCM
~p.~ by the Board:
DATE
Apr 18, 2001 PARAGRAPH NO. J-48
Contract Price
Adjustments
Retalnage
RETAINED PREVIOUSLY
RETAINED lHlS PAYMENT
TOTAL RETAINED ON P.O.
$3,752.42
$1,600.00
$5,352.42
Net Contract Price
Previous Payments
"This Payment
Total Payments to Date
Balance Due on Contract
PO nPU
001913616
dated
for the
10/31/2001
$77,601.00
$77.601.00
$33,771.82
$14,400.00
$48,171.82
$29,429.18
DATE PAID
VOUCHER NO.
MI8-10832 Rev. (04-94)
,
\
Church llc To1Rl'. CoaItnac:doa Maupmeat Tam
WI7IYU4IIo......_ _JJIM
... (101)- r.(JOS) JM..1m
tHE ICHOOL IIOAIU) Of' """OADE COUNTY, FLORIDA
c:ornw.CTOII'S REQUISmOH FOR PAR1W. PAYMENT NO. 01
AfFIDAVIT AND RELEASE Of' CLAIM I'RECEEDING REau/smON
o
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Dl\TE :S'.()cI.2IICl'
Camel now GENERAl. COHT'RACTOR Chura. & T....... c....., _.c' 111 ............ T.....
Address 13317 SW 124" StrftI. Miami, Florida 3311N Phone No /305)2:\4.&W9
For The PROJECT South Miami SenkK HigPl Sc Ae.Roofing & Weathe, Proofing Protect. A-4521
Under CONTRACT DATED Febnoery 21111. 2ClOO
and requ... p-rmen' frum Ihe School 80M of Miami.Dade County. Florid.. Owner. for U\e won. done and meleriallsupplied during Ihe prec.ding
period Iince Ite 1.'1 Requililion "'.. renctered. itenVed.. foRowt ID d...;
.
, A I 8 C D , E . F G
ORIGINAL TOT"l REDS
"EhI! ....0lJN1Of EXTRAS I PREVIOUS PAY INCLUDING THIS BALANCE TO
NO ITEMS 01' WORK CONTRACT CREDIT 5 REQS GROSS THIS PAY REa REO fiNISH RE 1 AINAGE
C&T F..., Gener.. ConOIllons I Bonet S 283,45' 00 S S 263.72191 S 15,"" DO S 271,132 92 S ",326 01 S :17.1113 29
OI\IISIOH 07 ROOf REPLACEMENT S 792.000 00 I I 617,41105 DO I 58.2&000 I 7".7&500 S ".22500 S 1',17& so
DMSIOH 09 . W"TERPROOFING & PAINTING I _.57000 I S .1.12000 I 7....50.00 I _.570.00 I I ".55700
0wrW. I n.101.oo I 51,27U4 I 37.524.24 I 1&.000.00 I 52.524.24 I 24.07&.7& I 5.252.42
TOTALS I 1..n.nO.N I ",172.24 I 1,271,771.11 I 111.221.GO I 1.......OZ.I. I ".117." I 1M.....U
rrO/~~/~S~:$ ,,~~~tf. 7J
t;JO I q ,-;(,1 3-...fI> ~';', ., q I. :2-").-
90/Q,3I,t(,;.::.$ l~1 000 cD
::I1itec1 C.niftCIIle for Payment. In .ecordanc.e W4lh the conlract documents. based on Ihe on-sile ob.ervalions and the data c.omprising this appllCIIlion. the Architect
1i1te. 10 .... Owner INt 10 Ihe bel' of the A"d"aecr, knowtedge. in'~Ifon. .,d beltef. the wOttl; has progreSSed .s indICated. the qualt~ or Ihe WOttlIS in acc.orunc.e wilh
connc:s doa.IrMntl. and Ihe ContradOr i. enli'eeI to payment in the wnount c.etIified.
PERCENT I") PROJECT COMPLETED
TOTAl. OF COlUMN (EI
OI\11DED BY COlUMN (")
95"
fiNAL PAYMENT
_nlC_lie<I.1
"5, "12./. 00
..._______ ~ /l1Z.c)1
A . ...of~
NO CHANGES 'R) _MADE IIY AKCHI1ECT IIELOW THIS ..-.e
'-~-~-~---.._.-.---..,...,.-.~--ri5----.--l
lid ..~....,..... 2' ,200'_."'''',,- _ "'1_332,11:12.24 _,~"... _ _ _1MIy_
oIy an _ -.-; "'1-"* -..c.) "'1ion(1)"'- __......., IU~ ........-(.) In_: _... _.. ~" "~I) h........
"p.oI..... ~_ ond -'"'"u_In........... __. FurtIlIrlllll..._Mrwllyrol_ _ClwMr, n._ _"'MiInW.o.deCountr.
1cIe. -..,_.damInd...aIlIig__'" ___ -.1rIct......_. _ __._..,...".-..roquI_.
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Church & Tower, Inc.
13317 SW 124 Street
MiamI, Florida 33186
Pbone: (305) 234-6449
To:
Miami-Dade County Public Schools
Office of Capital Improvement Projects
Date: 9-28-01
Re: CONTRUCTION MANAGER'S NARRATIVE REPORT
In compliance with School Board Requirements
Project No. A-0526-CMCT50 Soutb Miami Senior High Scbool Requisition No. 05
Accelerated Safety -to-life
Section I - Project Schedule
Project is 43% complete
Project is behind Schedule Q calendar days
Current Schedule Completion Date: May 3d, 2001
Comment
See below
The Construction is ahead of schedule by calendar days
Section ill - Explanation of corrective action taken or proposed
Job closed out at the request ofDCPS. Unfinished portion of the job to be completed and
incorporated into another phase.
Seejob BB9999-12A
Submitted by: Esteban Suarez
Title: CM Principal
,.
Section IV - Distribution
Any requisition will be considered incomplete, may be considered a
material breech of the contract, and wiU not be processed unless it is
accompanied by a narrative report and supporting schedule print oul
Architect
M-DCPS Project Manager
M-DCPS Document Control
M-DCPS Project Control
N...mive Farms DCP$.dia
Ref.: (Section 0700: Alt A-3.10.2.2, B-3.10.3.4, C-3.10.4.4) 'Ibis fOnD
does not relieve the necessity for any other documentation required by
the contract.
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June 28, 2001
LETTER OF TRANSMITTAL
TO:
Ms. Cary Menendez
Contract Management
FROM:
Nancy A. Cedeno
Contract Management
SU8JECT:
EXECUTED CONTRACT
Attached is your executed copy of the following contract, consisting of one executed
contract and attachments.
PROJECT NO. A0526BCM
ROOF REPAIR I REPLACEMENT
SOUTH MIAMI SENIOR HIGH SCHOOL
Thank you.
. 995-4540.
cc: Project File
o.
,
i
EXHIBIT 'p
D. BACKGROUND
On October 30, 2001, lasco submitted documents to the Vendor Infonnation Center
as part of the prequalification process for bidding on County Contract COI-DERM-EEC.
Included in those documents was a Xerox copy of a Certificate of Insurance from Marsh
USA Inc., Certificate Number 0098010-07835. The named insured on the Certificate of
- 0_...
Insurance is "lasco Construction Company. 13317 SW 124 Street, Miami, FL 33186."
--The Certlflcate Holder IS listed as "Miami-Dade County, Florida, Capital Improvement
Construction Coordinator, III NW I" Street, #1715, Miami, FL, 33128-1909." A copy of
this Certificate of Insurance is attached as exhibit I). On November 9, 2001, the Office of
the County Manager, CICC section, notified laseo by memorandum that they had been
awarded Miami Dade County contract COI-DERM-EEC, Multiple Award Indefmite
Quantity Contract for Countywide Drainage and Paving, Project Number 629006, in the
amount of $5,000,000. The memorandum stated that laseo was required to submit an
fonns, affidavits, certificates and notices as specified in the Contract Document within ten
calendar days of the date of the memorandum (see exhibit 2). Included in the list of
required documents are Certificates of Insurance.
On November 16, 2001, Marsh sent an original of the Certificate of Insurance to the
Capital Improvement Construction Coordinator. This original Certificate of Insurance was
different from the copy of the Certificate of Insurance that was submitted by laseo to the
County on October 30, 2001, igJJ>~t the named incnrM W3!l "MJStec North Ameri~. Inc. ~
laseo Cnn!ltnlC"(ion Company, 13317 SW 124 Street, Miami, FL 33186" (emphasis added) .
(see exhibit 3). -__.
CICC personnel noticed the discrepancy and wrote a memorandum dated December
3, 2001, noting that "during the review of the documents submitted by laseo Construction
Company, Inc. (laseo) for the COI-DERM-EEC Contract, it appears that the company
modified their certificate of insurance so as not to disclose a relationship with Mastec North
America (Mastec)." The memorandum also stated that "by copy of this memorandum, the
above information is being submitted to the Office of Inspector General (DIG) for review.
Until an opinion is rendered, it is requested that the Executive Expedite Committee suspend
the award of Contract No. 629006 made to laseo Construction Company, Inc." (See
exhibit 4).
OIG FInaJ Report - J8SCO CODStruc:tion Company
I/J4I02
... 2019
A PARTNERSHIP OF P"Of'ESSIONAL ASSOCIATIONS
2500 f'IAST UNION FINANCIAL CENTER
200 SOUTH BISCAVNE BOULEVARD. MIAMI, "LOAIDA 33.31-2338
TELEPHONE: 13051374-7580 . 'AX: 13051374-7583
E-MAIL: INf.O...LZIN.COM.W.WW...LZIN.COM
."OWARD: C8S4) 3..-0030
EXHIBIT
Q
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP
January II, 2002
Mr. Christopher Mazzella
Inspector General
Office of the Inspector General
Miami-Dade County
Biscayne Building, Suite 220
19 West Flagler Street
Miami, Florida 33130
Re: Response to Office of the Inspector General's Draft Report
Dear Mr. Mazzella:
The undersigned and our Finn represent lASCO Construction Company (hereinafter,
"lASCO") in connection with the above referenced Office of the Inspector General ("OIG") Draft
Report. We wish to clear up several of the statements contained in the Draft Report and appreciate
the opportunity to fonnally respond to the Draft Report so that lASCO may move forward in its
contractual obligations pursuant to Contract C-OI-DERM-EEC (the "Contract"). The Contract is
a County-wide drainage and paving project awarded to approximately 20 vendors, including lASCO.
The OIG's report concludes that: (I) lASCO altered an insurance certificate in order to
intentionally conceal lASCO's alleged existin2 relationship with MasTec; (2) lASCO is a wholly
owned subsidiary ofMasTec; and (3) lASCO did not disclose its relationship with MasTec in its
documents submitted to the County. lASCO is seriously concerned about these findings because
they impune its reputation and the reputation of its employees, and may damage lASCO's ability
to compete for future contracts. lASCO is not a subsidiary of or affiliated with MasTec, now or at
the time o( its bid submission. Moreover, the owners of lASCO have never been principles of
MasTec North America ("Mastec"). Accordingly, we submit the following response to the OIG Draft
Report detailing the relationship between lASCO and MasTec. It is our expectation that once you
have had the opportunity to review lASCO's response and the attached Exhibits, you will
recommend that the award to lASCO is in order.
'73190\1435~S45034 y I
1111102
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BILZIN SUMBERG DUNN BAIENA PRICE & AXELROD LLP
Mr. Christopher Mazzella
Page 2
January 11,2002
Corporate Structure and Ownership of JASCO
lASCO is a Florida corporation created in April 1999. lASCO was created as wholly owned
subsidiary of MasTec to undertake certain construction projects (See Exhibit A). MasTec is a
Florida corporation which is publicly traded and is a successor of Church & Tower by virtue ofa
merger between the two companies in 1994. In 2000, MasTec elected to sell off its lASCO
subsidiary. In November 2000, all of the authorized stock in lASCO was sold to lASCO General
Holdings of South Florida, Inc., a Florida corporation. lASCO General holdings is privately owned
by Esteban L. Suarez and Alfredo Brizuela (See Exhibit B). Part of the transaction required Mr.
Suarez and lASCO to complete certain projects with the School Board. These projects are properly
referenced in the OIG report. Prior to the purchase of lASCO by Mr. Suarez and Mr. Brizuela, Mr.
Suarez was a salaried employee of Church & Tower. Neither Mr. Suarez nor Mr. Brizuela have ever
been corporate officers, directors, or owners of MasTec, Inc., or Church & Tower. Accordingly,
lASCO was a separate and distinct corporate entity from MasTec as of November 2000, almost an
entire year before JASCO was awarded Contract C-OI-DERM-EEC by Miami-Dade County.
JASCO's Relationship with MasTec
The Draft Report states that "OIG Special Agents did not find any documents in the Miami-
Dade County School Board files. . . stating that lASCO was no longer a wholly-owned subsidiary
ofMasTec." See OIG Draft Report. p. 3. Additionally, the OIG Special Agents concluded that
lASCO is a wholly-owned subsidiary of MasTec based on their review of Miami-Dade County
Public School records. The draft report specifically refers to certificates of insurance, addressed
herein. Church & Tower payment requisitions submitted by Mr. Suarez, a roof repair/replacement
contract signed by Mr. Suarez on May 21, 2001, on behalf of Church & Tower (Project#A05268-
CM), and finally a Safety of Life Projects proposal dated November 8, 2000 and signed by Mr.
Suarez, disclosing MasTec as a principal. See Draft Report pA. The facts and lASCO's
involvement with the projects require clarification.
In 1998, the School Board of Dade County (hereinafter, "DCPS") awarded Church & Tower
two construction management agreements which designated Mr. Suarez as the contact person for
Church & Tower. Mr. Suarez had been with Church & Tower since January 1994. In 1999, MasTec
through its subsidiary lASCO, opened an office at 13317 S.W. 1241h Street, Miami, Florida. Mr.
Suarez was.transferred to that office and worked at that office until the time he and Mr. Brizuela
purchased lASCO from MasTec. When lASCO was purchased by Mr. Suarez and Mr. Brizuela they
continued to operate out of the 13317 S. W. 124lh Street location this is the reason why the current
address and phone number for lASCO have remained the same. The 1998 DCPS construction
management agreement continued to be handled by Mr. Suarez through lASCO. The DCPS
agreements were "spun off' to lASCO from MasTec as part of the transaction. However, lASCO
and MasTec continued to be named on the liability insurance policy associated with the original
\73190\14359\/11545034 vi
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BII.%IN SUMBERG DUNN BA!:NA PRICE & AXELROD LLP
Q
Mr. Christopher Mazzella
Page 3
January 11, 2002
DCPS 1998 management agreement as the original contracting party. JASCO and Mr. Suarez
continued to fulfill the contractual obligations under the 1998 DCPS management agreement. As
of December 2001, a notice of substantial completion was issued for these projects, thereby
acknowledging completion of the contract work under the umbrella management agreement. The
roof repair contract for South Miami Senior High School, cited the special agents as evidence of
continuing corporate ownership of lASCO by MasTec, is just one of many contracts under the
original 1998 management agreement. No original contracts after November, 2000 to which JASCO
is a party lists MasTec or Church & Tower as principals. Similarly, the Safety Life Projects
Proposal which discloses MasTec as a principal does not support a continuing corporate ownership
of JASCO by MasTec. The Safety Life Proposal was approved by the School Board on October II,
2000, prior to te sale of JASCO to Mr. Suarez and Mr. Brizuela. At the time ofthe original proposal
MasTec and JASCD were part of the same ownership group and it was proper to disclose MasTec
as a principal.
Certificate of Insurance and OIG Draft Report
The Draft Report correctly notes that, the xerox copy of the Certificate of Insurance from
Marsh USA, Inc. (Certificate No. 0098010-07835) named the insured as JASCD Construction
Company, 13317 S. W. 124 Street, Miami, Florida 33186. The certificate holder was Miami-Dade
County, Florida Capital Improvement Construction Coordinator, Suite 1715, III N.W. First Street,
Miami, Florida 33128-1909. Subsequent to the submission of the xerox copy ofthe Certificate of
Insurance, Marsh provided an original Certificate ofInsurance to the Miami-Dade County Capital
Construction Coordinator. The original Certificate ofInsurance named the insured MasTec North
America, Inc., lASCO Construction Company, 13317 S.W. 124 Street, Miami, Florida 33186.
There is no dispute that the xerox copy and original certificates of insurance do not match. The issue
is whether the discrepancy revolved around an attempt by JASCO to not disclose the relationship
with MasTec. In hindsight, a better practice may have been to submit an unaltered copy of the
Certificate ofInsurance with a letter explaining that there was no current affiliation between MasTec
and lASCD; however, the lASCD employee who redacted the Certificate of Insurance did so in
order to not mislead the County as to the relationship between JASCD and MasTec.
JASCO nor its principals and employees have not and have never sought to conceal prior
relations with Mastec. Indeed the contrary is true, lASCD has been forthright regarding its prior
relationshi~. We have attached each of lASCO's most recent submissions. Each demonstrate
JASCO's cander regarding its relationship.
In an abundance of caution, lASCO has purchased a new Certificate ofInsurance through
another company in order to eliminate future confusion over the relationship between MasTec and
JASCD (See Exhibit D). JASCD and MasTec have been separate corporate entities since November
2000. Accordingly, the conclusions reached in the DIG Draft Report, which find that lASCO
\73 J90\143S9'WS4SD34.1
1111102
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BILZIN SUMBERG DUNN BAIE:NA PRICE & AXELROD LLP
Mr. Christopher Mazzella
Page 4
January II, 2002
intentionally tried to conceal its relationship with MasTec and that JASCO is a wholly owned
subsidiary of MasTec are not correct.
We hope that this letter clears up any misunderstandings regarding the relationship between
JASCO and MasTec. If you have any questions, please contact me at 305-375-6144.
Sincerely,
cc: Esteban L. Suarez
Alfredo Brizuela
Ty Harris, Esq.
--
\73190\14359\#545034 vi
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AFFIDAVIT
COMES NOW, DEBBIE L. AMBEY, who, upon being duly sworn, deposes and says as
follows under penalty of peIjury:
1. My name is Debbie L. Ambey; I am over eighteen (18) years of age and a resident
of Miami-Dade County, Florida. I make the following statements based upon my own personal
knowledge.
2. I am employed by JASCO Construction Company, Inc. where it is my
responsibility to respond to all Request for Information documents for contract opportunities.
3. I have had an opportunity to review the report of the Inspector General and I am
providing this Affidavit to respond to statements in the report concerning a proposal provided to
the County for paving and drainage work.
4. On November 19, 2001, I received a faxed copy ofa Certificate oflnsurance from
MARSH USA, Inc., Certificate No. 0098010-07835, issued to MasTec North America, Inc.,
JASCO Construction Company. The certificate holder was listed as Miami-Dade County,
Florida, Capital Improvement Construction Coordinator.
5. While removing stray marks from the Certificate of Insurance, which occur
during the scanning process, I noticed that MasTec North America was listed with JASCO
Construction as Insurer.
6. JASCO Construction Company is no longer a subsidiary ofMasTec, I thought the
listing ofMasTec on the Certificate ofInsurance was an oversight by MARSH USA. Since I did
not want to mislead the County into believing that MasTec and JASCO were affiliated
\73190\14359\. 54S055 v I
III 11021:51 PM
It
\0
companies, and with no time to spare in order to provide the documents to the County, I removed
MasTec from the Insurer box, compiled the rest of the documents that needed to be submitted to
the County and made the final print.
7. The removal of MasTec's name was not in any way an attempt to mislead the
County. Instead, it was to clarify that a corporate relationship with MasTec no longer exists.
Further Affiant sayeth not.
STATE OF FLORIDA )
) ss.
MIAMI-DADE COUNTY )
The foregoing instrument was acknowledged before me this (rJ4... day of January, 2002,
by Debbie L. Ambey. She is personally known to me or has producedFl>L~ J1510-/72-il~-~7t-O
as identification and did/did not take an oath.
~ ~.ELIZA8Enf MAIICHENA
i :~ MY COMMISSION' CC "_
EXPIRES; Apr8 19, 2llO3
Ilandod 1lw I'idlorif -.... A_,
~~e~
Print ame: ~ It l!.4. Pe
Notary Public, State of Florida
My commission expires: '1-/1- t()(j ~
\73190\ 14359\. 545055 v 1
1111102 l:51 PM
It
EXHIBIT R.
Biscayne Building
19 West Flagler Street, Suite 220
Miami, FL 33130
Phone (305) 375-1946
Fax (305) 579-2656
Office of the Inspector General
Miami-Dade County
Final. Report
To:
The Hon. Alex Penelas, Mayor
Miami-Dade County
Received by
Date
The Hon. Gwen Margolis, Chair
and Honorable Members, Board of County Commissioners
Miami Dade County
Mr. Steve Shiver, County Manager
From: Christopher Mazzella
Inspector General
Date: 1/14/02
Re: OIG investigation of alleged altered document submitted by Jasco Construction
Company in furtherance of contract award, COI-DERM-EEC, Project Number
62009.
I. INTRODUCTION
At the request of the Miami Dade County Office of the County Manager, Capital
Improvements Construction Coordination (CICC) section, the Office of Inspector General
(OIG) investigated whether an altered document was submitted to Miami-Dade County (the
County) suggesting that there is a corporate involvement between Jasco Construction
Company (Jasco) and Mastec North America (Mastec).
Our investigation revealed that the document in question was, in fact, altered, and
there is a corporate involvement, between Jasco and Mastec.
~
II. BACKGROUND
On October 30, 2001, lasco submitted docwnents to the Vendor Information Center
as part of the prequalification process for bidding on County Contract COI-DERM-EEC.
Included in those documents was a Xerox copy of a Certificate of Insurance from Marsh
USA Inc., Certificate Number 0098010-07835. The named insured on the Cenificate of
Insurance is "lasco Construction Company, 13317 SW 124 Street, Miami, FL 33186."
The Certificate Holder is listed as "Miami-Dade County, Florida, Capital Improvement
Construction Coordinator, 11 I NW I" Street, #1715, Miami, FL, 33128-1909." A copy of
this Certificate of Insurance is attached as exhibit I). On November 9, 2001, the Office of
the County Manager, CICC section, notified Jaseo by memorandwn that they had been
awarded Miami Dade County contract COI-DERM-EEC, Multiple Award Indefmite
Quantity Contract for Countywide Drainage and Paving, Project Nwnber 629006, in the
amount of $5,000,000. The memorandwn stated that Jasco was required to submit all
forms, affidavits, certificates and notices as specified in the Contract Docwnent within ten
calendar days of the date of the memorandum (see exhibit 2). Included in the list of
required documents are Certificates of Insurance.
On November 16, 2001, Marsh sent an original of the Certificate of Insurance to the
Capital Improvement Construction Coordinator. This original Certificate of Insurance was
different from the copy of the Cenificate of Insurance that was submitted by Jasco to the
County on October 30,2001, in that the named insured was "Mastec North America. Inc.,
laseo Construction Company, 13317 SW 124 Street, Miami, FL 33186" (emphasis added)
(see exhibit 3).
CICC personnel noticed the discrepancy and wrote a memorandum dated December
3, 2001, noting that "during the review of the documents submitted by Jasco Construction
Company, Inc. (Jasco) for the COI-DERM-EEC Contract, it appears that the company
modified their certificate of insurance so as not to disclose a relationship with Mastec North
America (Mastec)." The memorandum also stated that "by copy of this memorandwn. the
above infonnation is being submitted to the Office of Inspector General (OIG) for review.
Until an opinion is rendered, it is requested that the Executive Expedite Committee suspend
the award of Contract No. 629006 made to laseo Construction Company, Inc." (See
exhibit 4).
ole f1naI Report - Jasco ConstruclioD Company
1/14/01
Pale 2 019
\
\
m. INVESTIGATION
The Office of the County Manager submitted a copy of the information to the OIG on
December 4, 200 J.
A. Review of Corporate Documents for Jasco
The OIG reviewed the corporate documents for Jasco Construction Company. Jasco
was incorporated on April 6, 1999. The articles of incorporation list the only member of
the Board of Directors as Jorge Mas at 3155 NW 77'" Avenue. The officers of the company
are Jose Ramon Mas, President; Juan Carlos Mas, Vice President, and Cannen Sabater,
Vice Presidentrrreasurer and Finance; all officers are listed at 3155 NW 77'" Avenue. The
customer for the domestic tiling is listed as Nancy J. Damon, Corporate Specialist, Mastec,
Inc., 3155 NW 77'" Avenue.
On May 10, 2000, Jasco filed a document deleting Jose R. Mas as President and
adding Joel-Tonas Citron as President, and adding Nancy J. Damon as Secretary (see
exhibit 5).
On November 17, 2000, Jasco tiled Amended Articles of Incorporation listing the one
director as Esteban Suarez at 1200 Brickell Avenue, Suite 1480, Miami, Florida, 33131.
The Amended Articles of Incorporation list Esteban Suarez as Presidentffreasurer, and
Joseph Portuondo as Secretary.
On September 21,2001, Jasco Construction Company was administratively dissolved
for lack of tiling an annual report.
On October I 1, 200 I, Jasco Construction was reinstated. Esteban Suarez is listed as
Director, President and Treasurer; Joseph Portuondo is listed as Secretary.
B. Review of Corporate Documents for Mastec North America, Inc.
The OIG reviewed the corporate documents for Mastec North America, Inc. Joel
Citron is listed as President, Jorge Mas as Director, Carmen Sabater as Vice
President/CFO, and Nancy Damon as Secretary.
As noted in Section III <A> above, the corporate documents for Jasco tiled on May
10, 2000 list Joel Citron as President, Jorge Mas as Director, Carmen Sabater as Vice
PresidentlTreasurer, and Nancy Damon as Secretary. Thus the Directors and Officers of
Jasco were virtually identical to the Directors and Officers of Mastec until approximately a
year ago.
OIG FilIal Report - Jasco COIIStructJon Company
1/14/02
~3of9
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C.
Review of Jasco's Work Experience
The County required bidders on the C01-DERM-EEC contracts to submit satisfactory
proof of their qualifications to begin construction promptly, to perform in a satisfactory
manner and to complete all of the work covered by the Contract Documents within the time
specified in the Contract Documents. Jasco submitted infonnation indicating previous
experience in several Miami Dade County Public School projects. In addition, lasco listed
various key personnel and the work experience that those personnel had, much of which was
work performed for the Miami Dade County Public School system.
OIG Special Agents reviewed Miami Dade County Public School records for
contracts awarded to, and projects perfonned by, Jasco. Of particular interest is a letter
dated August 19, 1999, written by Juan Carlos Mas of Mastec, Inc. to Dr. Paul Phillips,
Chief Facilities Officer, Facilities Planning and Construction, Miami-Dade County Public
Schools. In this letter, Juan Carlos Mas states in part" ...Church & Tower created a wholly
owned subsidiary whose purpose will be to perform all building construction and public
works projects. The new name of the subsidiary is JASCO Construction Company. The
officers and staff of JASCO will remain the same as Church & Tower's and JASCO, as is
Church & Tower, will be a wholly owned subsidiary of Mastec, Inc." (emphasis added)
(see exhibit 6). Mr. Juan Carlos Mas also attaches various documents to the letter including
"...4. Certificate of Corporate Secretary stating lASCO is wholly owned by MASTEC,
Inc." (emphasis added) (see exhibit 7). OIG Special Agents did not fmd any documents in
the Miami Dade County School Board files rescinding this letter, or in any way stating that
Jasco was no longer a wholly owned subsidiary of Mastec.
In addition, while reviewing the Miami Dade County Public School records for lasco,
OIG Special Agents found numerous other documents that indicated corporate involvement
between lasco, Church & Tower, and Mastec such as:
. Certificates of Insurance listing the insured as "Mastec North America, Inc.,
Jasco Construction Company, 13317 SW 124 Street."
. Church & Tower Payment Requisitions from Church & Tower, Inc., 13317
SW 124 Street, Miami, Florida 33186, phone 305-234-6449 dated as late as
September 28,2001 and submitted by Esteban Suarez, CM principal. Please
note that the above address and phone number is also the current address and
phone number for Jasco, and that Esteban Suarez is the sole director and
president of lasco.
. A Guaranteed Maximum Price Contract (Project #A0526B-CM) between
Church & Tower and the Miami Dade County School Board for roof
repair/replacement at South Miami Senior High School in the amount of
OIG FlDaI Report - JIUCO Constn1ction Company
1/14101
Page 40f9
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$1,629,630. This contract is signed by Esteban Suarez for Church & Tower,
Inc. and is signed on May 21, 2001.
. A Design Build Fonn of Proposal for Furnishing Labor and Materials for the
Safety to Life Projects, Biscayne Gardens Elementary, Miami Lakes
Elementary, Mae M. Walters Elementary from Jasco dated November 8,
2000, for $1,850,000. On page 2 of 2 of the proposal is a question that states
"The full names and residences of persons and finns interested in the
foregoing bid, as principals are as follows:" Jasco's wrinen response to this
question is "Mastec, Inc."
D. Review of Jasco's Certificate of Insurance and Marsh's Certificate of
Insurance
As noted in the beginning of this report, on October 30, 2001, Jasco submined a
Xerox copy of a Certificate of Insurance from Marsh USA Inc., Certificate Number
0098010-07835. The named insured on the Certificate of Insurance was "Jasco
Construction Company, 13317 SW 124 Street, Miami, FL 33186." The Certificate Holder
was listed as "Miami-Dade County, Florida, Capital Improvement Construction
Coordinator, 111 NW I" Street, #1715, Miami, FL 33128-1909." (See exhibit 2).
On November 16, 2001, Marsh sent an original of the Certificate of Insurance to the
Miami Dade County Capital Improvement Construction Coordinator. This original
Certificate of Insurance was different from the copy of the Certificate of Insurance that was
submitted by Jasco to the County on October 30, 2001, in that the named insured was
"Mastec North America, Inc., Jasco Construction Company, 13317 SW 124 Street,
Miami, FL 33186" (emphasis added) (see exhibit 3).
The difference between the Xerox copy of the Certificate of Insurance submined by
Jasco and the original sent by Marsh is that the copy submitted by Jasco is missing the
words "Mastec North America, Inc" in the "insured" block, right above the words "Jasco
Construction Company." In the Xerox copy submined by Jasco, there is a blank space right
above the words "J asco Construction Company"; in the original submitted by Marsh, this
same blank space is where the words "Mastec North America, Inc." are printed.
Thus, the DIG agrees with the memorandum from the Office of the County
Manager, CICC section, regarding the documents submined by Jasco where the CICC states
that .....it appears that the company (Jasco] modified their certificate of insurance so as not
to disclose a relationship with Mastec North America... "
ole FiDaI Report - JII5CO Construction Company
1/14101
Pale 5 019
rt-
E. Meetin2 with Jasco Officials
On December 11, 2001, OIG Special Agents met with Mr. Esteban Suarez,
President of lasco, and Mr. Alfredo Brizuela, qualifier for Jasco. In the initial discussions,
the Jasco officials advised that Jasco Construction Company was no longer affiliated with
Mastec. Mr. Suarez stated that he had purchased the company from Mastec in November
oflast year.
The OIG Special Agents reviewed Jasco's files related to the COI-DERM-EEC
proposal but could not find any copies of the Marsh Certificate of Insurance (see exhibit 2)
that Jasco had submitted with the contract proposal. Jasco officials advised that they had
very little time to prepare and submit the proposal and that they may have missed making
copies of all of the documents they submitted to the County.
Mr. Suarez and Mr. Brizuela were asked why the copy of the Marsh Certificate of
Insurance that they had submitted to the County (see exhibit 2) was different than the
original Certificate of Insurance that Marsh sent the County (see exhibit 3)? They could not
explain why the docwnents were different but said that their employee who put the proposal
package together might know.
The 01G Special Agents talked to the Jasco employee that put the proposal package
together. The Jasco employee admitted to altering the copy of the Marsh Certificate of
Insurance by scanning the docwnent into a computer and removing the reference to
"Mastec" and removing facsimile lines from it; the altered docwnent was then included in
the docwnents submitted by lasco to the County. The Jasco employee advised that she
noticed that the Certificate of Insurance had facsimile lines on it and also had the name
"Mastec" on it. She decided to "clean up" the copy and deleted the facsimile lines from the
scanned image. She also decided to remove the "Mastec" name from the document because
she was worried that it might create problems for the company since Mastec had previously
had problems with the County. The Jasco employee was asked to put this information in
writing in a sworn statement but Mr. Brizuela objected and stated that he wanted to discuss
this request with their attorney. OIG Special Agents ended the meeting at this point.
On December 12, 2001, the OJG received a faxed statement from the Jasco
employee regarding the alteration of the Marsh Certificate ofInsurance (see exhibit 8).
ole Final Report - Jasco Construction Company
1/14102
Page 6 of!)
,
i
~
F. Review of Documents Submitted by Jasco in Support of Their Proposal
for County Contract COI-DERM-EEC.
DIG Special Agents reviewed all of the documents submitted by Jasco to the County
in support of their proposal for County contract COI-DERM-EEC and found no references
to Mastec in any of lasco's docwnents.
However, as noted in Section III(C) above, OIG Special Agents found nwnerous
references to Mastec in documents that Jasco submitted to the Miami Dade County Public
Schools in relation to work that Jasco was, and is, performing for the School system.
f.
IV. CONCLUSION
The OIG is in receipt of lasco's response to the Draft Report and is included in the
appendix of this Final Report. Upon review of lasco's response and the accompanying
exhibits, and absent sufficient documentary proof establishing the purchase and sale of
said company (its goodwiN, accounts receivable, equipment, and other assets) the OIG
mointlJins its original conclusions.
Based upon its investigation, the DIG concludes the following:
1. That an employee of lasco intentionally altered an Insurance Certificate
submitted to the County to conceal lasco's relationship with Mastec.
2. That Jasco Construction Company is corporately involved with Mastec and is a
wholly owned subsidiary of Mastec. Documentation on file with the Dade
County School Board demonstrates that, even after November 2000, Jasco,
Church & Tower, and Mastec are all intertwined. Moreover, no documentation
was submitted to the Dade County School Board that would have notified it of a
change in lasco's ownership and control of the company.
3. That Jasco did not disclose its relationship to Mastec in documents it submitted to
the County with respect to the aforementioned contract award.
OIG FiDaI Report - Jasro Construction Company
1/14/01
"'7019
,
i
(L
V. Recommendations
It was requested thaJ the EEC suspend Jasco's contract award pending the DIG's
further review of this matter. had previously suspended Jasco's conditional contract
award pending the DIG's further review of this matter. Even according to Jasco's
response, Jasco admitted to intentionolly altering a document submitted to the County in
furtherance of its conditional contract award. The EEC must now weigh these findings
and.odmissions and make a detenninotion of the company's responsibleness. The EEC
may also want to require Jasco to submit further documenllJlion to the EEC's solisfaction
prior to 11Ulki.ng an assessment of the company's responsibleness. In keeping with the
stoJed policy of adhering to an open and transparent process, the EEC should openly
deliberate on this matter and 11IIlke its findings on the pennanent record.
Cc: Mr. Pedro Hernandez, Chairperson, Economic Expedite Committee (EEC)
Assistant County Manager
Ms. Barbara Jordan, EEC Member, Assistant County Manager
Ms. Alicia Schreiber, EEC Member, Assistant County Manager
Mr. Roger Hemstadt, Coordinator
Office of Capital Improvement Construction Coordination
Clerk of the Board (copy filed)
OIG Final Report - Jasco Construction Company
VI4I02
....'019
,
"\
f<
APPENDIX
1. Advance notification letter addressed to Mr. Esteban L. Suarez
President/CEO, Jasco Construction Company, Inc.
2. Extension letter to Mr. Suarez
3. Jasco's response.
4. Advance notification letter addressed to Mr. Roger Hemstadt
Capital Improvements Construction Coordinator (CICC).
5. Extension e-mail notification to Mr. Hemstadt.
(JIG I1naI Report - Jaseo Ccmstruc:tion Company
1II.wz
.. !/of 9
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BILZIN SUM!lERG DUNN BAENA PRICE & AXELROD LLP
.. "...,....1:....1.. D. ".O"';..'ON"" .....OCI..T'O...
..1:10 ,.,..,. ""'OM rlM..HCI"", CENT".
aOCJ DCJIIYlI ".C..,...& .O...~E...."D . 01'''.'' n.O.'DA JJI'J,-.asa
TC~I:".O".I 1:IO.IS7.-7__ . .....: 1:10.1174-7..:1
II: ....I~: ,..,.O,..dl..,eOIll . _..,LZIN.CO..
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Jar,uary 22, 2002
VIA HAND DELIVERY
AND FACSIMILE
Mr, Steve Shiver, CouPI)' Mallsger
Office of the County MliIDagCJ
Stephen P. Clark Center, SuiCu 2910
111 N. W. Pint Street
Miami, Florida 33128
,
Re: JASCO COIlSI ruCti.OD COR/pany. IDC.: JDveJttptioD by lhe Ornce of the
laspector Gel! eral
Dear Mr. Shiver:
Tho undersigned represents JASCO concerning the above-referenced marter, W. hav!! had
the opportunitY to review the Inspector GO,Mra)'. Draft Report and have responded to the same. We
also have received a copy eftli c rnsp~tor General's Final Report, which attaches 1 ASeO's response
to the Draft Report. Based 0;1 the forelOing, it is our understanding that the Economic: Expedile
Conunitt.cc will meet sborttyt-) consider the: Final R.cpon and JASCO's responses before forwarding
its rcconunendation to you (0 ~ consideration and final decision.
While we strongly dbagrcll with the: conclusions contained in the Draft Report and Pinal
.Report, !his correspondence :'CSpcctfully NqUests Pllnnission for JASeO and its proposal te be
withdrawn from fUrther consHcration.
Thank you for YOlJr c:cnslderatlon 0 r JASCO.
Norman C. Powell
0/
NCP:cahb
c:c: Mr. Pedro G. Hernanclez. Senior Aiai'tant
Mr. Christopher ~:c:Ua, Inspector Omensl
Mr. Esteban L. SUIU1I::' President arad CEO
\75125\'6775"54&412.1
II2Z102 1:10 PM
EXHIBITl
I
OWNERSHIP OF
JASCO GENERAL HOLDINGS OF
SOUTH FLORIDA
13317 S.W. 124 Street · Miami, Florida 33186
Office: (305) 234-6449 · Fax: (305) 234-2892
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EXHIBIT
V
STOCK TRANSFER /LEDGER
. ....\ l
l
v
TIME CERlrQTES ISSUED FROM WHOM
NAME OF STOCKHOlDER PLACE OF RESIDENCE IIECAME
OWNER CERrF. NO. SHARES WERE TRANSFrRAEO
NOS. SHAAU lW' ClAIOINAL ..,. P7P AlIUCHJ
Esteban Suarez " ,&.." . 1 11 1;.7 '''''''iain'''' i
A .
Alfredo Brizuela . /28/ J 1 7 '2 t ~" t
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--
Bl
.
Jean Lesley Dur t /28/ 1 3 31 .67 original issue
e
Dorman Henry /28/ ) 1. 4 5 original issue
t).
Esteban Suarez 3/.YJ/O 5 50 Replaced
.
,
,
..
Alfredo Brizuela 3/.YJM 6 50 Replaced
. .
....J
,
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
~
CAPITAl IMPROVEMENT PROJECTS OFFICE
Telephone 305-673-7071
Facsimile 305-673-7073
December 20, 2002
Mr. Esteban Suarez
Jasco Construction Company
13317 S.W. 124th Street
Miami, FL 33186
RE: FIRE STATION NO.2 GUARANTEED MAXIMUM PRICE DRAFT
Dear Esteban:
Below are the Capital Improvement Projects (CIP) Office comments on your Guaranteed
Maximum Price (GMP) draft submittal dated September 16, 2002. Staff, as well as the
respective City consultant's, has analyzed both the contents as well as the form of the
submittal. The references below are to Articles of the Agreement with which the CIP
Office believes Jasco has not complied properly or for obligations which have not been
fully met. The CIP Office also believes that Jasco has not complied with the Agreement
requirement to provide a project within budget for the new Fire Station and the
Renovation of the existing building as called for in Article 4.3.4. A copy of your
Agreement with the City is attached for your convenience.
Notwithstanding the additional scope to the project for the Water Tanks and Pump
Station and the extended site work, Article 4,3 had to be complied with by Jasco for the
Fire Station scope proper. Funding for the additional work is separate from the Fire
Station portion of the project and was also established for Jasco to provide a cost within
the parameters of the budget. This portion also appears to be slightly over the budget
and may not be acceptable to the CIP Office.
In addition, staff has attached a report from STA Architectural Group (STA), the
consultant for the Fire Station portion of the Project, and from Camp Dresser & McKee
(COM), the consultant for the Water Tanks and Pump Station portion. Both consultants
have delineated their comments and concerns with the draft GMP. STA has also
commented on some areas where they believe Jasco did not comply properly with the
requirements of Jasco's Agreement with the City.
Article 1,15 delineates the Construction Manager's Fees for the Pre-Construction
Services as defined in the Agreement. A number of deliverables were required under the
Agreement which was not provided by Jasco per the Agreement, including, but not
limited to the following:
1. Article 3.1 required delivery of the GMP proposal at ninety percent (90%)
completion of construction documents. For the Fire Station portion of this project
Jasco did not comply with this Article since the draft proposal was received at the
City on September 16, 2002, which is significantly later than even the 100%
completion of the documents by ST A Architectural Group (ST A).
2. Article 3.3 describes generally the Pre-Construction Services required from Jasco
in the Agreement, including a Preliminary Project Schedule based on the
documents and coordinated with the consultant and the City; a review of
construction documents during all phases of the project; at one hundred percent
(100%) Design Development phase and at one hundred percent (100%)
Construction Documents phase a submittal of a constructability report and an
evaluation of any errors, omissions or conflicts found within the documents;
preparation of an outline of proposed bid packages and detailed cost estimates
advising the City of trends in the industry which could affect the cost or the
schedule of the Project.
3. Article 4.1 describes a listing of all services required in the Agreement including the
Production of a Project specific, procedures manual detailing the Project process
ncluding coordination and communication procedures between all parties involved
in the Project.
4. ~rticle 4.3.1 delineates the review of the design documents, which shall include
constructability, cost, sequencing, scheduling, as well as an evaluation of clarity,
consistency and coordination of the documents. Recommendations to be
submitted to the City and the Consultant in writing and as notations on the design
documents at each phase of the process.
5. I\rticle 4.3.2 describes the coordination responsibilities of Jasco during the design
process and the needed communications with the consultant including identification
and location of all utilities, services and underground facilities that may impact the
Project.
6. Article 4.3.3 states in more detail the requirements for scheduling and sequencing
during the design process and the required submittals to the City and the
consultant.
7. Article 4.3.4 describes the requirements for cost estimating throughout the design
process and the submittals to the City and the consultant to maintain the City
informed on the Project cost and feasibility. It also states the construction budget
for the Fire Station and the Renovation ofthe existing building at $3,775,000 and
establishes this amount as the Initial Guaranteed Maximum Price (IGMP). If the
IGMP exceeded the budget for the Fire Station renovation and Expansion, Jasco
was obligated to inform the City and provide written suggestions to bring the
Project within budget. Furthermore, cost issues of this magnitude should have
been evident in previous submittals and Jasco should have provided the City with
cost reduction options prior to 100% documents. Several options were availa ble to
2
\
the City at the time to reduce the estimated cost of the Project. Currently, your
estimate for the Fire Station portion of the project is $6,313,338, which is
$2,137,688 over the established budget.
8. Your estimate for the Water Tanks and Pump Station portion of the Project is
$3,829,305, which is $1,079,305 over the budget of $2,750,000. Your estimate for
the site work portion of the Project is $545,196 which is $20,196 over the budget of
$525,000. Funding for the Emergency Operations Center, the additional temporary
parking and the additional Public Works yard site work has not been established
yet. Your estimate for this portion of the work is $600,000, $104,000 and $524,530
respectively for a total of $1 ,228,530 and has been reviewed only as to accuracy of
scope and appropriateness in pricing but not in relation to an established budget.
9. Article 4.3.5 requires that Jasco coordinate activities with testing agencies, agency
reviews and reviews by the City and the Consultant.
1 Q,Article 4.3.8 requires Jasco to submit a Memorandum of Changes to the design
documents and its recommendations prior to the beginning of the Bid and Award
Phase.
11, Article 4.4 requires Jasco to prepare a subcontractor's prequalification plan with a
list of pre approved subcontractors for each element ofthe Project's work. The list
of subcontractors was to be submitted to the City for review and approval prior to
commencing the bid process, upon which the GMP is based.
1 :2.Article 4.4.3 required Jasco to schedule a pre-Bid Conference with all the
subcontractors and the City to ensure subcontractor availability.
13,Article 4.4.4 states that Jasco would deliver the bids from the subcontractors in
writing and sealed, to be opened by the City with the Consultant, prior to award by
the Construction Manager at Risk. It is not clear what the intent is of the prices
submitted by the sub-contractors listed in your submittal. Please clarify.
14.Article 4.5 establishes the parameters under which Jasco is to provide the
Guaranteed Maximum Price (GMP) including the acceptance of the lowest,
responsive, responsible bids from the subcontractors after the evaluation described
above. The GMP was also to include Jasco's General Conditions and a Project
Contingency. If the GMP includes Jasco's Project Contingency, please specify
where this is specified within the GMP submitted.
1 5.Article 4.6 required preparation of a schedule of the CM's duties coordinated with
the other deliverables as well as with the schedule of the consultant's services.
F=hally, the estimate for the Emergency Operations Center (EOC) is only provided as a
IlJ 111~ sum and not with detail. The City had asked for this area to be priced in three
d i.rent ways. One, the new Fire Station was to be priced without the addition of a third
ftar. Second the EOC was to be priced only as an exterior shell. Third, the EOC was to
3
\
be priced as a completely finished space in accordance with the design by ST A. It is not
clearwhatthe lump sum shown in your estimate applies to and it does notappearthatthe
other two options were priced as requested. Please clarify this matter.
Please review the comments presented in this letter and the attachments with comments
from the consultants and be prepared to discuss them at a meeting to be scheduled for
next week. If the comments are not answered satisfactorily by Jasco after the meeting,
the City is prepared to exercise any of its available options as stated in Article 5.3 of the
Agreement. These options are to direct the consultant and the eM to redesign, value
engineer, and develop other cost savings measures at no cost to the City; reject the GMP
and take possession of all documents to bid the work to a General Contractor; or to
negotiate with the CM in order to reach an acceptable agreement on the Project's scope
and costs.
:?i~YL
Tim Hemstreet
Director crp
TH/JCH/lr
C: Robert C. Middaugh, Assistant City Manager
Jorge E. Chartrand, Assistant Director CIP
John de Pazos, Senior Capital Projects Coordinator
Carl Hastings, Construction Manager
Todd Tragash, STA
Andrew Lynn. COM
F:ICAPI\$alllchartrandIFire Station No, 2UascoGMPEvaluation.doc
4
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November 15, 2002
Mr, Jorge Chartrand
City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami Beach, FI 33] 39
Dear Mr, Chartrand,
We received your fax of 10,07,02 with Jasco's "Budget Analysis / Value Engineering" of 09,] 6.02.
My initial reaction is one of surprise of the sharp increase (30%+) in the project cost. Clearly it is the
role of the CM@Risk is to provide budget analysis and value engineering as the project is being
developed, contrary to a conventional bidding approach when the project design and engineering is
complete, This allows the project team (Owner, Architect, & Construction Manager) to make
comprehensive decisions regarding the project scope in order to efficiently manage the project costs,
To receive this report that the project is over budget at this late stage contradicts the CM @ Risk's
duties and responsibilities as well as their repeated assurances to us that the project was within budget
at each phase and sub-phase of the project development.
While we do not have a copy of the signed agreement between Jasco and the City, we are familiar
with the scope of services the City required of the CM@Risk. To mention but a few services Jasco
has failed to provide are the following:
I) Jasco did not submit for approval applicable cost & time savings incentive programs,
2) Jasco did not provide timely value engineering recommendations, and
3) Jasco did not provide detailed updates of the cost estimates for the multiple progress
submissions they received,
To support our assertion that Jasco failed its obligations to effectively manage the project costs during
the design and construction document phases of the project it is important to outline the chronology of
events describing the interface we have had with Jasco. Our first meeting with Jasco occurred on 04-
25-01 when we were requested to submit our estimate of probable construction costs and project
schedule. We provided Jasco on 05-01-01 with a set of progress design development drawings, a
project narrative verbally describing the building systems; a cost estimate (dated 11-02-00) that was
prepared by Moux, an independent cost estimator as well as a preliminary cost breakdown ST A
prepared dated 1 I - I 5-00,
On 5-18-0 I the City issued ST A a Notice to Proceed with the preparation of construction documents.
ST A made a request for Jasco to submit a written acknowledgement of the project scope of work and
cost. In the City's agreement with Jasco the project scope and cost are defined, On 6-05-01 Jasco's
~~
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"JORTH r.,1IAfAI AVfNUF. MIAMI FI 33177
i 305.571.1811 fax 3055711821
STA ARCHITECTURAL GROUP
,
Page 20f8
November 15, 2002
Mr, Jorge Chartrand
Re: Miami Beach Fire Station #2
requested and received from ST A drawings of the existing building in AutoCAD for on a compact
disk to assist them in the preparation of a written cost breakdown.
At a meeting (06-07-01), where an addition to the scope of work was discussed to include a third floor
emergency operational center (EOe), Jasco suggested the budget be increased in the range of
$700,000 to $800,000, The foJ/owing months (07-06-01 & 08-01-01) the issue of site drainage was
discussed, Jasco advised that DERM may require specific site improvements which were previously
excluded from their scope of work.
On 08-20-01 STA sent Jasco an updated set of construction documents for evaluation. Building A was
50% complete and Building B was approx, 33% complete, ST A also submitted to Jasco a copy of the
Preservation Board submittal which described the EOC addition, On 08-22-01 Jasco submitted a draft
cost estimate (not for distribution) which confirmed the project remained within budget.
On 09-]8-01 Jasco issued an official (for distribution) cost estimate which included the EOC. At the
subsequent meeting (10-02-0 I), Jasco re-confirms that the buildings are in budget. ST A raises
concern that the budget format is not clear with regard to the breakdown of each building, sitework,
etc, STA requested Jasco adopt the original (11-] 5-00) format for comparison, Jasco's reply was each
building was within the budget stated in their agreement of which the site work was excluded. On 10-
09-0 I the project received a certificate of approval from the HP Board for the EOC addition. On 10-
19-0] STA submitted an updated set of construction documents, Building A was 90% complete and
Building B was 50% complete, On 11-02-0 I a conceptual drainage report was submitted to Jasco for
evaluation,
During the preparation of the construction documents ST A met with applicable building and fire
department officials, Meeting minutes were submitted to Jasco (11-13-01) to keep them current on
discussions that potentially could impact the project scope and cost. Various communications between
ST A & Jasco took place regarding project specifics for products and building materials, One such
example is the dry fire protection system for the communication and data equipment rooms, ST A
submitted on] ]-15-01 information for an Intergen system to Jasco for budget evaluation,
On ]] -16-01 ST A requested an updated budget confirmation from Jasco for the 10- I 9-0 I progress set
of construction documents, Jasco restated the project remained in budget. ST A responds (12-05-0 I)
with a written notice that they will proceed completing the construction documents in order to submit
for permit by year end, On ] 2-20-01 ST A submitted signed and sealed permit plans to Jasco for
permit processing. Additionally STA submitted to Jasco a progress set of the specification manual for
evaluation,
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Page 3 of8
November 15,2002
Mr. Jorge Chartrand
Re: Miami Beach Fire Station #2
On 12-14-01 Jasco issued a "constructability review questionnaire" to STA with detailed questions
regarding the permit plans, ST A raised concerns that many of the questions appear petty in certain
cases and irrelevant to the past communication and coordination in other cases. Regardless. STA
responds in full, however requests a meeting with Jasco to discuss expectations ST A has of Jasco as
the CM @ Risk, At a meeting on 02-25-02 ST A describes Jasco's lack of and/or incomplete budget
breakdowns, ST A expresses concern for the lack of written documentation from Jasco and
emphasizes that the majority of there responses have not been in writing. ST A presents to Jasco cost
breakdowns and evaluations used on other projects as an example of what ST A's expectations are on
a monthly basis from a CM@Risk, Jasco re-states that there is no cause for concern because the
project is in budget. Jasco states a comprehensive budget is being formulated. ST A issues a letter (03-
22-02) reiterating a list of actions ST A had requested from Jasco and re-stated its concern over
Jasco's lack of response to date.
For the next six months (April to September/2002) the project in effect suspended due to issue of the
location of the water tanks and pump station, ST A continued to address building department
comments of the permit plans and issued all revisions (3-26-02, 6-13-02, & 6-25-02) to the permit
plans with requests to update the budget by incorporating these revisions,
As late as 08-07-02 at a Public Works site meeting Jasco again gave no sign that the project may be
over budget, It is not until receipt of this latest document, "Budget Analysis / Value Engineering" that
Jasco reveals the project is substantially over budget.
In Jasco's 09-16-02 document they characterize the overage by I) inflation and general market
conditions, 2) additions to the scope of work, 3) type & quality of finishes, and 4) structural
requirements related to existing soil conditions, Our response to those general claims are the
following; I) if the issue of inflation and market conditions are valid they should be articulated within
their agreement which describes a formulated resolution, 2) the scope of work was submitted to them
on a continual basis, Jasco was obligated to report cost overages at each submission they received, It
is unclear if Jasco is claiming such overages are due to the comments received during the permitting
process or this is an accumulation of increases they failed to report since the pre-construction
document phase, 3) we made every effort to communicate to Jasco which specific products we were
using as well as which manufacturers we were contacting as the project was being developed in order
for Jasco to be aware of the type and quality of the finishes, and 4) in this case we are in agreement
that this structural issue was a result of a specific supplemental requirement of the structural plans
processor,
More specifically in Jasco 09-16-02 document they identify supplemental value engineering items per
each of the buildings, The following is our written response to those items,
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Page 4 of8
November 15, 2002
Mr, Jorge Chartrand
Re: Miami Beach Fire Station #2
Building "A"
Item I Demolition
If disposal fees are estimated to increase, on what basis was the allowance calculated, i.e, how
accurate does Jasco's allowance reflect on the scope of demolition described in the contract
documents, or is this just a ballpark sq, ft. estimate for a "simple office building".
Item 2 Piling
We agree that the additional CHP pilings were added to the scope of work as a result of
comments received from the structural plans processor. The purpose of the contingency is for
item such as these,
Item 3 Misc. Steel
Yes, a continuous steel plate was added to the face of the existing grade beams, at the request
of the Structural Plans Reviewer, which we agree is an addition to the previous budget.
However, the stainless steel cable railings were shown in the 50% submission and detailed in
the 90% submission, We question why this was not brought to our attention then and
alternative options were not presented to us prior to us spending time researching, specifying
and detailing the SS rail system,
Item 4 Millwork
We agree that the free standing furnishings are part of the FF&E budget and should not be part
of the construction budget. Our intention has always been to limit the amount of built-in
millwork/cabinetry. Jasco has represented to us that they would be purchasing the work
stations and we have sent Jasco information regarding furniture manufacturers and
distributors, However there remains a substantial amount of built-in millwork/cabinetry the
cost of which requires clarification,
Item 5 Roofing
The Soprema roof system specified is not a proprietary requirement. Presumably, the original
budgeted roof system would be acceptable, (We would ask that it be sent to us for our review).
The same is applicable for the re-roofing of the two exposed balconies,
Item 6 Aluminum/Glass
From the project's inception the interior partitions in this historic structure were intended to be
transparent. Jasco attended meetings where this was discussed as well as they received the HP
Board submission package describing the glass partitions, Jasco's claim that they originally
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Page 5 of8
November 15, 2002
Mr. Jorge Chartrand
Re: Miami Beach Fire Station #2
assumed these partitions was stud/drywall is inconsistent with the project's requirements to
address the historic character of the interiors.
Item 7 DoorsfFrame
The development of the project included refinements to the reconfiguration of the layout
which may have included new door openings and their material selection. Our position is that
Jasco was informed of the development of the project on an ongoing basis and while they were
remiss in submitting updated written cost estimates, they repeatedly stated at various stages of
the project that we continued to be within budget.
Item 8 Drywall/Acoustical
From the project's inception which is included in the preliminary narrative, we described
drywall ceilings, As for each rooms ceiling height and insulation requirements. Jasco was
informed of these items in the multiple submissions sent them.
Item 9 Ceramicrrerrazzo
The terrazzo floor and ceramic tile wainscot are a significant part of the historic interior
features of the building, Our original intention was to save and patch and repair and/or
accurately replace portions of existing terrazzo and tile floors and wainscot. If Jasco does not
believe the re-use of certain materials are feasible then our only option is to accurately replace
them. Again this type of discussion should have taken place as we were developing the
construction documents,
Item 10 Painting
Originally, the entire existing tower was outside the scope of work. It does need to match the
fire station, and it was our understanding the $2,000 to paint the exterior would come from the
funds budgeted for the tower. Regarding interior painting, this work could be deferred
(although all parties should be aware of the interior condition).
Item 11 Mechanical & Electrical
Of the total cost increases to Building "A", 58% are in this category. The original budget was
based on square foot allowances, We do not know how these were determined. (The
mechanical price increased 30%, the electrical increased 195%), We simply do not accept the
argument that the original budget was based on a "simple office building" and now it is not a
"simple office building."
While specific MEP information was not in the 50% submission, the size, scope, and general
parameters of the building did not change between the 50% submission and the final drawings.
Additionally, a MEP narrative was issued to Jasco on 05,01,01,
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Page 6of8
November 15,2002
Mr, Jorge Chartrand
Re: Miami Beach Fire Station #2
Building "B"
The City requested the EOC portion of Building B to be estimated in two parts; ]) shell only, and 2)
interior build out. Jasco has not complied with this request. Some of the items listed below fall into
the EOC build out category. These items should be reviewed independently from the other items.
Item 1 Building Shell
It is correct that the conceptual drawings did not include stair #2 and the second floor
conference room (and obviously not the third floor). However, all of these elements are on the
06,07,01 progress set. This is over two months prior to the 8.22,01 estimate. And they have
been further developed on each subsequent progress set. Regarding any special structural
requirements, we believe that all structural requirements were discussed at length in meetings.
It is correct that the 50% submission for Building "B" was not complete for the 8.22.01
estimate, but (as per II above), the size, scope and general parameters of the building did not
change,
Item 2 MasonrylFiII
The structural reinforcement of this structure was a result of the City's request to resist a
category 5 hurricane. This was discussed during the initial programming stages which Jasco
was certainly aware of
Item 3 Misc. Steel
The structural scope of work for Building B developed from October through December of
2001. All of the items mentioned (steel columns at strip windows, trench drains in apparatus
bay floors, movable partition channels, handrails at stair #2) were included in the 12,20.01
submission to Jasco. These items should have been addressed by Jasco at the end of 200 I
when they appeared in the progress submission sets,
Item 4 Cabinetry
As per Item 4, Building A, listed above, it is our understanding that any free standing furniture
is not part of the bid, but part ofFF&E,
Item S Traffic
We believe that the specification of a traffic coating for exposed roof decks is appropriate. We
would consider an alternate waterproofing specification for the masonry eyebrows.
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Page 7of8
November] 5. 2002
Mr, Jorge Chartrand
Re: Miami Beach Fire Station #2
Item 6 Roofing
As per Item 5, Building A. listed above, the Soprema roof system is not a proprietary
requirement, and presumably the originally budgeted 5 ply built-up roof would be acceptable.
Item 7 Movable Partitions
The movable partitions are particular to the EOC build out and were added to the project after
the 50% submission at the owner's request for the multi-purpose workrooms, These items
should have been addressed by Jasco at the end of 200 I when they appeared in the progress
submission sets,
Item 8 Windows / Storefront
The louvers have been on Building "B" since 8.16.00. Is the issue is specifically the "solotrol"
type window? In previous discussions we have requested Jasco submit alternatives for our
review, (It was our understanding one advantage of this system was that it precluded having to
have impact resistant windows.)
Item 9 Stucco/Drywall/AcousticallPainting.
It is not clear what the original basis for the finishes were. The selection and final specification
of the finishes did indeed develop over the course of the project; however this should have
occurred with continual input from Jasco. We are not aware of other factors, i.e, market
conditions that would justify an increase of this magnitude. We believe the finishes in this
building are fairly standard,
Item 10 Acoustical Wall Panels.
The acoustical wall panels are particular to the EOC build out and were added to the project
after the 50% submission at the owner's request for the 9]] dispatch and hurricane hotline,
These items should have been addressed by Jasco at the end of 200] when they appeared in
the progress submission sets.
Item 11 Marker Boards.
Marker boards were not on the drawings used for the 8,22,01 estimate, Nonetheless. they
should be part of the FF&E budget.
Item 12 Lockerslbenches.
Special storage units were added to the drawings after the 50% submission, In Jasco's 8,22.0]
estimate there was $] 5,000 allocated for lockerslbenches and shelving, Further clarification is
required from which budget (construction or FF&E) these items should be assessed,
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Page 8 of8
November 15,2002
Mr, Jorge Chartrand
Re: Miami Beach Fire Station #2
Item 13 Equipment.
Laundry equipment should be part of the FF&E.
Item 14 Mechanical and Electrical.
Of the total additions to Building B, 27% are in this category, The original budget was based
on square foot allowances, We do not know how these were determined (the mechanical price
increased )3,5%, and the electrical 90%), While specific MEP information was not in the
schematic submission, the size, scope and general parameters of the building did not change.
And, as noted above, a MEP narrative was provided to Jasco on 05.0J ,01,
In conclusion. we offer the following suggestions:
I, Require Jasco to submit specific examples of how the project cost can be brought down to
the budget level while maintaining the project scope of work.
2, Determining (from the City) if there are any options with reduction in scope, incremental
phasing of the project, increased funding, etc,
], Considering either replacing Jasco with another CM@Risk firm, or eliminating the
CM@Risk entirely and switching to a competitive bidding process,
S~l
Todd Tragash, AlA
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NOY-ZZ-DZ 03:38PM FROM-Camp Dresser' McKee Inc.
3053729167
T-427 P.002/004 F-290
CDM
800 Brickell AyenlJ.e, Suite 110
Miami. Florid. 3]131
tel: 305372.1171
fax, 305 372-ll,67
November 22, 2002
Mr. Jorge Chartrand
CIP Office Assistant Director
City of Miami Beach
Capital Improvements Projects
1700 Convention Center Drive
Miami Beach, Florida 33139
Subject:
25th Street Ground Storage Tanks and Pumping Station
Review of Draft Cost Proposal Dated 9/16/2002
Amendment No.n
Dear Mr. 01artrand:
As you requested, we have reviewed the aforexnentioned submittal from Jaseo Construction
Company. Based on our cursory review, we have determined that additional information is
required to assess the reasonableness cost information as presented. The following comments
area an example of the analysis of the information presented and wha~ we will require.
. The cost breakout provided in Section 1 for the following items: Mise, Site Work @
Tank Areas, Storage Tanks wjRem. of Exist, & Install New Piping; Pump Building;
does not have the same level of detail as was provided for Building A "Firestation" on
the previous pages. The line items provided in the estimate have qualifiers such as
"Numbers may need adjustment" and "Site restrictions effect cost". Based on the level
of detail presented, we are uncertain of some of the line item costs as presented. In
addition, there are General Conditions costs that are presented for each of the main
project components. These costs are represented by a number of months multiplied by
a cost factor. It is unclear how these months fit together in the overall project schedule.
An overall project schedule should be provided to substantiate the General Conditions
costs.
. The cost proposal from Fred McGilvery, Inc. states that they will install the "water
system" and "fuel system" per the 30 Percent drawings. We would prefer to see a
higher level of detail in the estimate to detenxline what items are covered in this
C:KMD8IlI.I1r,,,,",
eon:sultlng . engine.rl"g . construction. oplrarion$
.
NOV-ZZ-DZ 03:38PM FROM-Camp Dresser' McKel Inc.
30537'167
T-427 P.003/004 F-280
CDM
Mr. Jorge Chartrand
November 22, 2002
Page 2
subcontractor's scope of WOl:k. Furthermore it should be based on the 60 Percent
Submittal, which was transmitted to the Contractor on August 22,2002.
. The cost proposal from Daniel Electrical contractors, Inc. does list the items to be
provided under their proposal. However this list includes the variable frequency drives
(VFDs). Under our pump specification (Section 11214), these units are to be furnished
under the pump matlufacture's scope, Therefore it is unclear who will provide these
units or if they are being purchased separately by Daniel.
. The detailed estimate for the pump station construction as shown in the submittal
includes piling that was shown on the origina160 Percent plans. We have reduced the
amount of piling underneath the pump station building. Therefore the piling costs of
the pump station building will be reduced for the estimate.
. The estimate is dated September 16, 2002. Several of the elements have been revised
based on review meetings with the City. As you requested, we are sending the most
current set of plans to Jasco for their review, These changes, which include the
elimination of some of the yard piping from the previous submittal, should have any
effect on the overall project price.
. We could not find any Construcrability I Value Engineering comments on our portion
of the project (Ground Storage Tanks and Pump Station) in the submittal. IT raseo has
prepared any comments to our project, we would appreciate receipt of any proposed
changes by December 6th, prior to the completion of final drawings.
For these reasons, it is ow opinion that the costs represented in this submittal require
additional information for a complete review. A more detailed explanation of the costs, based
on the latest progress set of drawings (November, 2002), including a breakout similar to the
one provided for Buildings A "Firestation" is necessary for us to comfortably recommend the
acceptance of the project price as submitted,
C:_O.IlrJlllC
MOV-ZZ-DZ 03:38PM FRO~Camp Dresser' McKee Inc,
3053729167
T-4Z7 P,004/004 F-Z8D
CDIVI
Mr. Jorge Chartrand
November 22, 2002
Page 3
If you have any questions, comments, or require any additional informaticm, please contact
our office.
AGL/km
File: 9381-36016-015
cc: Carl Hastings
C:;IQIlliIOJI',-
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AGREEMENT FOR PRE-CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND JASCO CONSTRUCTION COMPANY FOR CONSTRUCTION MANAGEMENT
A T RISK SERVICES PURSUANT TO RFQ. NO. 117-99/00, ENTITLED
"CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE STATION NO.2
RENOVATION AND EXPANSION"
THIS AGREEMENT, made and entered into this /g'tt..dayof AttiC. 2001, by and
between the CITY OF MIAMI BEACH (hereinafter City), and JASCO CONSTRUCTION
COMPANY, INC. (hereinafter Construction Manager or CM).
WITNESSETH:
WHEREAS, the firm of Jasco Constnlction Company, Inc. (Construction Manager or CM)
is a Florida corporation and;
WHEREAS, the City intends to construct Fire Station No. 2 and desires to engage the
services ofCM, and CM desires to act as Construction Manager At-Risk to the City to provide the
services as set forth in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein contained, and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and
CM agree as follows:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings specified below; any capitalized terms referred
to herein and not defined shall have the meanings set forth in the Agreement between City and
Construction Manager:
1.1 ArchitectlEngineer
or AlE: The "ArchitectlEngineer" or "AlE" shall mean that person or firm designated
as the architect/engineer for the Project, or any portion thereof. Also referred
to as the Design Professional, this entity has entered into a separate
agreement with the City for design services for the Project, said Agreement
'.
,
.
1.2 Bonds:
I .3 Bond
Premium:
1.4 Budget:
1.5 City or
Owner:
\
,
attached and incorporated as Exhibit "A" hereto, For purposes of this
Agreement, the Architect/Engineer of record for the Project is ST A
Architectural Group, whose principal address is 3526 North Miami Avenue.
Miami, Florida 33127,
The "Bonds" shall mean the Public Construction Payment Bond and the
Public Construction Pertormance and Guarantee Bond furnished by the
Construction Manager as required by this Agreement.
The term "Bond Premium" shall mean the direct cost of the premium paid for
the Bond (s).
The minimum amount established by the City for this Project. Construction
Manager herein acknowledges that. prior to execution of this Agreement, it
has received the City's written Budget for the Project.
The "City" or "Owner" shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and may also be referred to as the
"Owner" in this Agreement. The City, as a governmental entity, is subject to
the availability offunds and annual appropriation of funds by its legislative
body and other governmental authorities or sources of revenue, in an amount
to allow continuation of its performance under this Agreement. In the event
of lack of funding for this Agreement, or the Project subject to this
Agreement, this Agreement may be terminated by the City pursuant to the
procedures set forth in Subsection 6.2.
1.6 City
Commission: "City Commission" shall mean the governing and legislative body of the City.
The City Commission shall be the final authority to do or to approve the
following actions or conduct by passage of an enabling resolution or
amendment to this Agreement.
2
. .'
'.
1.6.1
1.6.2
1.6.3
1.6.4
1. 7 City
Manager:
1.7.1
Il
The City Commission shaIJ be the body to consider, comment upon. or
approve of any amendments or modifications to this Agreement.
The City Commission shaIJ be the body to consider, comment upon. or
approve any assignment. sale. transfer or subletting of this Agreement or any
interest therein, or any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporation,
All City Commission approvals and authorizations shaIJ be expressed by
passage of an appropriate enabling resolution and, as determined by the City
if applicable or required. by the execution of an appropriate amendment to
this Agreement.
The City Commission shall approve or consider all contract amendments
which exceed the sum of Twenty-Five Thousand Dollars and 00/100
($25,000.00), or such other amount as may be specified by the City of Miami
Beach Code in its Procurement Ordinance, as same may be amended from
time to time.
The "City Manager" shall mean the Chief Administrative Officer of the City.
The City Manager shall be construed to include any duly authorized
designees, including, a Program Coordinator, and shall serve as the City's
representative to whom administrative requests for approval shall be made
and who shall issue authorizations exclusive of those authorizations reserved
to the City Commission, to the CM. These authorizations shall include,
without limitation: reviewing, approving, or otherwise commenting upon the
schedules, plans, reports, estimates, contracts and other documents submitted
to the City by the CM pursuant to the Scope of Services set forth in this
Agreement, as same may be amended from time to time.
The City Manager shall decide. in his professional discretion, matters arising
pursuant to this Agreement, which are not otherwise expressly provided for
3
, .
, .
-.
1.7.2
1.7.3
1.7.4
I. 7.5
1.7.6
1.8 CM
Principal:
1.9 Claim:
\
in this Agreement, and he shall attempt to render administrative decisions
promptly to avoid unreasonable delay in the progress of the Consultant's
work.
The City Manager shall additionally be authorized. but not required, at the
request of the CM, to reallocate monies already budgeted toward payment of
the CM; provided, however, that he cannot increase tIle Consultant's
compensation or other budgets established by this Agreement.
The City Manager, in his administrative discretion, may consult with the City
Commission concerning disputes or matters arising under this Agreement
regardless of whether such matters or disputes are enumerated herein.
The City Manager shall additionally be the sole representative of the City
authorized to issue a Notice to Proceed. The City Manager may consider,
comment upon, or approve modifications in accordance with applicable Jaws
and ordinances.
The City Manager may approve contract amendments which shaH not exceed
the sum of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such
other amount as may be specified by the City of Miami Beach Code, in its
Procurement Ordinance, as same may be amended from time to time.
The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
The "CM Principal" shaH be the person designated by the Construction
Manager as its senior representative to the City. The CM Principal shaH
perform those duties required in this Agreement and shall have the authority
to commit and obligate the CM, and to fuHy act for the CM in all maters.
A "Claim Of is a demand, assertion, dispute or other such claim by one of the
parties hereto arising out of or based upon the terms and conditions of the
Contract Documents.
4
1.10
Contract
Amendment
or Change
Orders:
l.ll
Construction
Change
Directive:
1.12
Construction
Estimate:
,
"A Contract Amendment" or "Change Order" shall mean a written order to
the Construction Manager approved by the City. as specified in this
Agreement, and signed by the City's duly authorized representative.
authorizing a change in the Project or the method and manner of performance
thereof. or an adjustment in the fees or completion dates, as applicable.. and
executed by the City, CM and the AlE. Contract Amendments and/or Change
Orders effecting changes to the Work shall be countersigned by the CM and
the AlE. Contract Amendments and/or Change Orders shall be approved by
the City Commission if they exceed Twenty-Five Thousand Dollars and
00/100 ($25,000.00), or by the City Manager if they are Twenty-Five
Thousand Dollars and 00/100 ($25,000.00) or less in amount (or such other
amount as may be specified by the City of Miami Beach Code, in its
Procurement Ordinance, as same may be amended from time to time). Even
for Contract Amendments and/or Change Orders for less than Twenty-Five
Thousand Dollars and 001100 ($25,000.00) the City Manager shall retain the
right to seek and obtain concurrence of the City Commission for approval of
any such Contract Amendments and/or Change Orders, Additionally, all
Contract Amendments and/or Change Orders shall be reported as
informational items to the General Obligation Bond Oversight Committee
and, whenever possible, prior to their submittal for consideration by either the
City Manager or the Mayor and City Commission, as prescribed herein.
The term "Construction Change Directive" shall mean a written directive to
effect changes to the Work, prepared by the AlE and executed by the City.
The term "Construction Estimate" shall mean a cost estimate for the
completion of the entire Scope of Work for the Project, which estimate shall
5
1.13 Construction
Manager
(CM): The firm of Jasco Construction Company, whose principal address is
/~/7;7W l':14th:S1: MIAN~r/. ~/tt!>~ ; as selected by the City pursuant to RFQ No, 1[7-
99/00, to provide services of Construction Management At-Risk for this
Project, as herein defined and as may be reasonably inferred from the
Contract Documents for the Fee, and an Initial Guaranteed Maximum Price
\ "
"
~>I/f
1.14.1
1.14.2
\
include all components of the Cost of the Work, as well as the Construction
Fee for the Project. This estimate is initially established as S3,775,000 which
is the sum budgeted by the City for the construction cost for the Project.
(IGMP) and Guaranteed Maximum Price (GMP), Acceptance of the GMP
by the City shall result in the CM functioning from that point forward as a
General Contractor under the terms and conditions of the Contract
Documents, as same may be amended, which will go into effect at the time
of GMP acceptance.
As part of the services to be provided by the Construction Manager pursuant
to this Agreement, the parties contemplate that Construction Manager may
be required to perform general engineering services. To that end, all
engineers required in order to fulfill the services contemplated by this
Agreement, shall be duly licensed and certified by the State of Florida to
engage in the practice of engineering in this State. Similarly, any and all
special inspectors, as and if required pursuant to this Agreement, shall be
duly certified, licensed and registered under Chapter 471, Florida Statutes, as
an engineer, or under Chapter 481, as an architect, and shall additionally
possess the requisite occupational license from the City and the County.
The Construction Manager shall be liable for it's services, responsibilities
and liabilities under this Agreement, as well as the services, responsibilities
and liabilities of any subconsultants, and any other person or entity acting
under the direction or control of the Construction Manager. When the term
"Construction Manager" or "CM" is used in this Agreement, it shall be
6
"
,
"
1.15
Construction
Manager's
Fee:
deemed to include any subconsultants and any other person or entity acting
under the direction or control of Construction Manager. Any subconsultants
retained by Construction Manager pursuant to this Agreement and the
Pro,;ect, must receive the prior written approval of the City.
1.16
Construction
Phase
Services:
The term "Construction Manager's Fee" or "Fee" shall mean. tor purposes
of this Agreement only, a fixed fee. in the amount of$36,500. representing
the Fee negotiated tor CM's Preconstruction Services, as contemplated
herein. Notwithstanding anything to the contrary, if the GMP is not accepted
by the City and the Agreement is terminated, the Construction Manager shall
be entitled to receive only that POrtion of the Fee herein, representing all work
performed to date relating to the Project.
1.17
Construction
Schedule:
The term "Construction Phase Services" shall mean and anticipates, in a
subsequent amendment to this Agreement, and further, in the event the City
approves the GMP, the services to be performed by or through the
Construction Manager during the Construction Phase of the Project,
including, without limitation, the Work for the Project. and such other
services as called for by this Agreement and any amendments hereto, or
reasonably inferred therefrom.
The term "Construction Schedule" shall mean a critical path schedule or
other construction schedule, as defined and required by the Contract
Documents.
1.18
Construction
Team:
The term "Construction Team" shall mean the construction team consisting
of representatives of the Construction Manager, the City, and the A/E.
The term "Contingency" shall mean a line item contingency amount
contained in the Schedule of Values for the Project, which contingency
J.J9
Contingency:
7
. ,
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'.
1.20
Contract:
1.21
Contract
Docwncnts:
'I
amount, if accepted by the City, shall be included within the GMP for the
Project and shall accordingly be referenced in the [GMP] Amendment to this
Agreement. Pursuant to said Amendment, the Contingency shall be used as
a Source offunds for the costs reasonably and necessarily incurred and paid
by the Construction Manager, which costs shall be at rates not higher than the
standard paid in the locality of the Work, as follows: (i) in connection with
the proper perfomlance of Work required hereunder which Work was
unforeseeable by the Construction Manager, the AlE and the City at the time
of execution of the GMP Amendment pertaining thereto, notwithstanding the
Construction Manager's exercise of due diligence in connection therewith;
and (ii) to the extent that any ponion of the Contingency remains unallocated
on the date of Final Completion and after the issuance of final payment for
the Project, which remaining portion of the Contingency shall accrue to the
benefit of the City. The Contingency amount, ifany, shall be set forth in the
GMP Amendment for the Project, on its face and within the Schedule of
Values attached thereto. The Contingency amount shall be used at the
discretion of the City and must be approved prior to the CM using it.
The term "Contract" means the contract formed by all of the Contract
Documents, including this Agreement and any amendments hereto.
The "Contract Documents" include this Agreement; Request for
Qualifications No. 117-99/00, entitled "Construction Management At Risk
for the Fire Station No, 2 Renovation and Expansion", and all attachments
and amendments thereto; CM's submittal(s) in response to the Request for
Qualifications; the most current NE Agreement with the City, attached as
Exhibit "A" hereto; and such other documentation as may be listed as an
Exhibit to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be
expanded to include, in addition to those listed above, those identified by the
GMP Amendment and the attachments thereto.
8
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1.22 Contract
Time:
1.23 Drawings:
1.24 General:
1.25 General
Contractor:
1.26 Guaranteed
Maximum
Price:
,
The time period defined within this Agreement for the Construction Manager
to submit the IGMP.
The "Drawings" shall refer to the graphic and pictorial provisions of the
Work identified as the Drawings in the GMP Amendment; Change Order. or
Construction Change Directive issued and executed in accordance with the
Agreement. including without limitation, all notes schedule and legends on
such Drawings.
Except as defined herein. or as otherwise defined in the Contract Documents.
words which have well-known technical meanings or otherwise have
accepted construction industry meanings are used in the Contract Documents
in accordance with such well-known or accepted meanings.
The term "General Contractor" shaH refer to the CM after acceptance by the
City of the GMP Amendment. The CM shall be duly licensed as a General
Contractor pursuant to Chapter 489, Florida Statutes.
The term "Guaranteed Maximum Price" or "GMP" shall mean the sum
certain set forth in the GMP Amendment as the Project price that the
Construction Manager guarantees not to exceed for the Project for all services
within the Agreement, as same shall be amended upon acceptance of the
GMP by the City, less only the Preconstruction Services Fee.
1.27 GMP
Amendment: The term "GMP Amendment" shall mean the GMP Proposal for the Project,
if any, accepted by the City, in its sole discretion, in substantially the same
form as attached as Exhibit "B" hereto, which Amendment shall
automatically become a part hereof upon the City's and Construction
Manager's execution of the same and shall establish, among other things, the
GMP. the names of the Construction Manager's on site-management and
supervisory personnel for the Project; and the Contract Time for the Project.
9
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1.28 G MP
Proposal: The term "GMP Proposa)" shall mean a proposal for completing the Project.
which proposal shall include the proposed Guaranteed Maximum Price for
the construction of the Project. as provided by the Construction Manager and
accepted by the City based upon the Drawings and Specifications: the
Contract Documents: and the Memorandum of Changes. The City has no
obligation to accept the GMP Proposal regardless of the amount or its
relationship to estimates provided.
1.29 Laws: The term "Laws" shall include all Federal. State. County and local laws.
statutes, regulations, ordinances, rules and building codes applicable to the
Project. including, without limitation. orders of any public authority having
jurisdiction over the Project, building, labor, safety, licensing or
environmental laws and local building codes, building standards and trade
practices affecting the Project. as same may be amended from time to time.
1.30 Memorandum
of Changes: The term "Memorandum of Changes" shall mean a written summary of the
Construction Manager's recommended modifications to the Drawings and
Specifications relating to the Project based on an evaluation of the Project
requirements; on and off-site development; survey requirements; and Project
budget requirements; and a review of the design documents; and the
Drawings and Specifications; and the Contract Documents.
1.31
Phase 1-
Schematic
Design
Documents;
The term "Phase I - Schematic Design Documents" shall mean Drawings and
other documents illustrating the scale and relationship of the Project
components, and as further defined by the NE Agreement. CM's knowledge
of and coordination with said Agreement is incorporated herein. The eM
herein acknowledges that the Schematic Design Documents for the Project
have been completed by the AlE and approved by the City.
10
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1.32
Phase 11-
Design
Development
Documents:
The term "Phase II- Design Development Documents" shall mean the
Drawings and Specifications and other documents which fix and describe the
size and character of the entire Project as to architectural. structural.
mechanical and electrical systems, materials and such other elements. as may
be appropriate, and as further defined by the NE Agreement. CM's
knowledge of and coordination with said Agreement is incorporated herein.
1.33 Phase 111-
Construction
Documents: The term "Phase III- Construction Documents" shall mean the Drawings and
Specifications setting forth in detail the requirements of the construction of
the Project, and as further defined by the NE Agreement. CM's knowledge
of and coordination with said Agreement is specifically required of the
Construction Manager.
1.34 Preconstruction
Services Fee: The term "Preconstruction Services Fee" shall mean the fixed fee for the
1.36 Project:
services contemplated in this Agreement, in the amount of$36,500, for CM's
services performed during the Design Phase related to the Project, which fee
includes all direct and indirect costs incurred by the Construction Manager
in the proper performance of the Design, Bid and A ward Phase Services.
1.35 Preconstruction
Phase
Services: The term "Preconstruct ion Phase Services" shall mean the services which the
Construction Manager shall perform for the Design, Bid and Award Phases
of the Agreement and culminate with exercise by the City of one of the City's
options regarding the GMP Proposal.
The term "Project" shall mean that certain construction project pursuant to
RFQ No. 117-99/00 entitled, "Construction Management At Risk for the Fire
Station No.2 Renovation and Expansion", as referenced by the Agreement
and to which the Contract Documents relate, and refers to the total
construction of which the Work may be the whole or a portion thereof
II
,
.
1.37 Schedule
of Values:
1.38 Scope of
the Work:
\
The term "Schedule of Values" shall mean the schedule of values. setting
forth the detailed cost breakdown, including labor, materials and taxes, of the
GMP set forth in the applicable GMP Proposal. the sum of which shall not
exceed the GMP.
The term "Scope of the Work" shall mean all services. labor. materials
equipment, operations and construction management services that are
indicated in. or reasonably inferable from the Contract Documents.
1.39 Specifications: The "Specifications" consist of any and all written requirements for materials,
1.40 Subconsultants:
1040.1
equipment, construction systems. standards and workmanship for the Work
which are identified as the Specifications in the GMP Amendment, Contract
Amendment(s), or Construction Change Directive(s) issued and executed in
accordance with the Agreement.
A "Subconsultant" is a person or entity which has a direct contract with the
Construction Manager to perform or supply a portion of the Work and the t-c>
term includes such Subconsultant's authorized representatives. Construction ~_
~-reR..'NGt IIJTo v".-
Manager shall obtain.pl!icrwritten approval of the City prior to eJol8ftgiftg er
~mMe.N"P.7. Cd lTI'i
~ 1M8ihfyiflg the subconsultants and other professional associates. Any such
~ services performed by any Subconsultants shall be passed through to City
without additional charge by the CM. All such work shall be itemized on
1.40.2
invoices from such Subconsultants, showing work performed and charges
incurred.
The Construction Manager represents that it has made and will make
reasonable investigation of all Subconsultants to be utilized in the
performance of work under this Agreement to determine that they possess the
skill, knowledge and experience necessary to enable them to perform the
services required. Nothing in this Agreement shall relieve the Construction
Manager of its prime and sole responsibility for the performance of the work
under this Agreement.
12
1.40.3
1.40,4.
1.40,5
1.41
Substantial
Completion:
1.42
Substantial
Completion
Date:
1.43
Taxes:
1.44
Work:
..
,
All rates, multipliers and any other fees charged by any Subconsultants shall
be not more than those rates. multipliers and other fees in any contracts that
any such Subconsultants may have either with the City directly or as a
Subconsultant under some other City agreement.
Construction Manager shall bind each and every approved Subconsultant to
the terms stated in this Section and shall require the proper licensing of such
Subconsultants.
If any of the services outlined in this Agreement are furnished by
Construction Manager by obtaining the services of Subconsultants.
Construction Manager shall provide City with proposals and contracts
between the Subconsultants and Construction Manager outlining the services
to be performed and the charges for same, together with any other
documentation n,quired by City.
The term "Substantial Completion" is as defined in the Contract Documents,
as same may be amended.
The "Substantial Completion Date" shall mean the date which the AlE
certifies to the City by means of a certificate of Substantial Completion as the
date when the Construction Manager has achieved completion of the Project
in accordance with the General Conditions of the Contract Documents and
applicable laws.
The term "Taxes" shall mean all taxes related to the performance of the Work
or any portion thereof, including but not limited to, all sales, consumer, use,
occupational. excise, social security, unemployment compensation and
similar taxes.
The term "Work" means all supervision, labor materials and equipment
required by the Contract Documents to be provided by or through the
Construction Manager for the entire Project and all other services necessary
13
1.45
Proposal
Documents:
1.46
Force
Majeure:
,
to fulfill the Construction Manager's obligations hereunder to perform the
Scope of the Work, including. as the context may require, any portion of the
Work with respect to the Project. The uncapitalized term work is used in its
ordinary sense.
"Proposal Documents" shall mean Request for Qualifications No. 117-99/00
entitled. "Construction Management At Risk for the Fire Station No. 2
Renovation and Expansion" (the RFQ) issued by the City in contemplation
of this Agreement. together with all amendments thereto. if any, and the
Construction Manager's proposal in response thereto (Proposal), which is
incorporated by reference in this Agreement and made a part hereof;
provided, however, that in the event of an express conflict between the
proposal and this Agreement, this Agreement shall prevail.
"Force Majeure" shall mean any delay occasioned by superior or irresistible
force(s) occasioned by violence in nature without the interference of human
agency such as hurricanes, tornados, flood and loss caused by fire and other
similar unavoidable casualties; changes in federal law, state or local laws,
ordinances, codes or regulations. enacted after the date of this Agreement and
having a substantial impact on the Project; other causes beyond the parties
control; or by any other such causes which the City and the Construction
Manager decide in writing justify the delay. Provided, however, that market
conditions, labor conditions. construction industry price trends, and similar
matters which normally impact on the bidding process shall not be considered
a Force Majeure.
14
. 11
,
.
ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2.1 The Construction Manager accepts the relationship of trust and confidence established
between it and the City by this Agreement. The Construction Manager represents that it will furnish
its best skill and judgment in performing the CM's services and the Work, and shall always act to
further the interest of the City in the expeditious completion of the Project. at the lowest cost to the
City. and in strict accordance with the Contract Documents and prudent and customary construction
practices,
2.2 By signing this Agreement, the Construction Manager accepts a fiduciary duty with the City
and warrants and represents to the City that the Construction Manager:
a) has all licenses and certifications required by applicable law to perform the CM's
services and the Work;
b) is experienced in all aspects of preconstruction and construction planning tor projects
similar to the Project;
c) will act in the City's highest and best interest in performing the CM's services and
the Work; and
d) that no employee or affiliate of the Construction Manager, including all
subconsultants. subcontractors and suppliers, at any tier, has been convicted of a
public entity crime, fraud, theft, and/or property damage crime within the preceding
thirty-six (36) months from the date of execution of this Agreement, pursuant to
Section 287.133, Florida Statutes.
The Construction Manager acknowledges and agrees that the City is relying on these representations
and covenants as a material inducement to enter into this Agreement.
ARTICLE III
THE CONSTRUCTION MANAGER SERVICES
3.1 GMP Amendment
The parties are entering into this Agreement before Contract Documents are sufficiently
15
It
fly
complete to establish the GMP; therefore, it is anticipated that one er !Here GMP Amendment\ will
be executed to establish the GMP and incorporate subsequent documents that fully describe the
scope of the Work included in the GMP. Each su~ntract Amendment and additional Contract
Documents shall become a part of this Agree~~s)_if ful!,y set forth herein. The GMP for the
Ai NINe;f'( rtfi'..ceNT(~"~ CDMrl..f.TioN 47w:.TRJJc-rlorv DcaJNeNT~
Project must be establishe~ He liter tllaR after issuance of an initial Notice to Proceed by L~~
the City pursuant to this Agreement; otherwise this Agreement shall terminate pursuant to Article ,-
VI herein.
3.2 The Services of the Construction Manager shall include, but are not limited to. those
described or specified herein, The Services described herein shall not be deemed to constitute a
comprehensive specification having the effect of excluding services not specifically mentioned. The
Construction Manager's Services shall include. without limitation, all of the Preconstruction
Services set forth below and, upon approval by the City of the GMP, and as contemplated in a the
GMP Amendment or Amendments, and such other amendment(s) as necessary to fix and describe
the parties' respective rights and responsibilities with respect to the Work and the Project, all of the
Construction Services required to complete the Work in strict accordance with the Contract
Documents, and to deliver the Project to the City at or below the GMP, when established, and within
the Contract time.
3.3 Preconstruction Services.
3.3 .1. Generally - The Construction Manager shall review Project requirements, existing
on-site and off-site development, surveys and preliminary budget, and make recommendations to the
City for revisions. The Construction Manager shall prepare a preliminary Project Schedule in
accordance with the Contract Documents and in coordination with the City and the
Architect/Engineer, identifying all phases, critical path activities, and critical duties of each of the
Project team members. The Construction Manager shall, at each remaining design phase (i.e. design
development and 100% construction document), review the plans and advise the City and the
Architect/Engineer regarding the constructability of the design and of any errors, omissions, or
conflicts it discovers. The Constmction Manager shall prepare an outline of proposed bid packages
16
..
and detailed cost estimates, and advise the City regarding trends in the construction and labor
markets that may affect the price or schedule of the Project. The Construction Manager shall attend
all Project related meetings. The Construction Manager's Preconstruction Services shall be
provided. and the City shall compensate Construction Manager for such services, based upon a fixed
fee, in the amount of$36,500. representing the Construction Manager's Fee. At the conclusion of
the Preconstruct ion Services. the Construction Manager shall. without assuming the duties of the
Architect/Engineer, warrant to the City, that the plans. specifications and other Contract Documents
are consistent. practical, feasible and constructable, and that the Project is constructable within the
contract time.
ARTICLE IV
DUTIES AND RESPONSIBILITIES
The CM shall perform the following responsibilities and duties:
4.1 All CM procedures. recommendations, documentation, record retention, etc. must conform
to the Project requirements including applicable sections of the City's procedures, Architect and
Engineer's procedural manual; master specifications; general conditions of the Construction
Agreement; (and other) applicable codes, regulations and procedures that may be required at the
State, County, City or any agency, utility or similar governmental entity.
4.1.1. Develop, for City approval and for full compliance by CM of a Project specific
procedures manual detailing the entire Project process, including at minimum the
following:
a)
b)
c)
d)
e)
Exhibit V of this Agreement.
Coordination. communication and documentation procedures among
the CM, the Architect/Engineer, subcontractor(s), subconsultant(s),
and other departments or organizations who require coordination with
and/or input into the Work.
Project reports (monthly).
Request for Information,
Contract Amendment(s) process.
17
,
t) Shop Drawing submittal.
g) Project closeout.
Said procedures manual to be presented no later than with first application for payment.
4.2 Coordination and Scheduling
4.2.1 Coordination with Design Professional - In providing the Construction Manager's
services described in this Agreement. the CM shall maintain a working relationship
with the Architect/Engineer. However. nothing in this Agreement shall be construed
to mean that the CM assumes any of the responsibilities or duties of the AlE, The
CM shall be solely responsible for construction means, methods, techniques,
sequence and procedures used in the construction of the Project and for the safety of
its personnel, property, and its operations for performing in accordance with the
CM's Agreement with the City. The AlE is responsible for the requirements of the
Project as indicated in the Agreement between the City and the AlE. The CM's
services shall be rendered compatibly and in cooperation with the AlE's services
under the City. It is not intended that the services of the AlE and the CM be
competitive or duplicative, but rather be complimentary.
4.2.2 Schedulin~ - The CM shall meet immediately upon execution of this Agreement with
the Architect/Engineer and City representatives to review the most current Exhibit
"A" of the Architect/Engineer's Agreement. The CM shall ensure that the parties
jointly review, modify as necessary, and agree to a single design schedule, to be
called the revised most current Exhibit "A" to the Architect/Engineer's contract.
This schedule shall be submitted to the City within fourteen (14) days of execution
of this Agreement. Should the parties not be able to reach final agreement on a
revised schedule for purposes of the Project, which include(s) a schedule for all CM
services, which the CM believes to be fair, reasonable, and in the best interest of the
Project, The City shall then determine what schedule is to be utilized.
4.3 Desilrn Phase
4.3.1 Review of Desi~n Documents - The CM shall review the design documents and
18
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4.3.2
make recommendations to the City and to the AlE as to constructability, cost,
sequencing. scheduling, and the time of construction, as to clarity, consistency and
coordination of documentation. The recommendations resulting from such review
will be provided to the City and AlE in writing and as notations on the design
documents, This review and the accompanying writing notations shall be submitted
with the documents for review by the City at each Phase of design review as noted
in the most current Exhibit "A" attached to the Architect/Engineer's Agreement.
Responsibility - The CM. as a result of the above-noted review of the design
documents and recommendations provided to the City, shall be fully responsible for
the coordination of the drawings with the written specifications. This includes but
is not limited to, the CM's review of the construction documents in coordination of
the drawings and specifications themselves, with the existing buildings and sites to
ensure proper coordination and constmctability and lack of conflict, and to minimize
unforseen conditions. The CM shall, during this phase, be responsible for the proper
identification and location of all utilities, services, and other underground facilities
which may impact the Project. The CM agrees specifically that no Contract
Amendments shall be requested by the CM or considered by the City for reasons
involving conflicts in the documents, questions of clarity with regard to document,
incompatibility. or conflicts between the documents and the existing conditions,
utilities, code issues and unforseen underground conditions.
Preliminary Schedulini - The CM will submit to the Architect/Engineer for comment
and to the City for approval a proposed schedule for the Project at the time the Phase
II design documents are to be submitted to the City for review. That schedule shall
include such bid, and construction activities as well as reasonably outline the
approach the CM intends to take for the Project. This requirement is in addition to
any other scheduling requirements which may be contained in the contract documents
and shall be compatible with sanle. The CM shall include in the above-noted
schedule a proposed construction sequencing plan for the Work.
4.3,3
19
.
.
4.3.4
4.3.5
,
Estimatin~ and Cost Control - The CM shall prepare detailed cost estimates and
updates throughout the Design Phase leading up to the bidding phase of the Project.
The CM shall submit same \vith the submittal of each Phase of design review in
accordance with the most current Exhibit "A" of the Architect/Engineer's contract
and at such other times as it may be requested by the City. The estimates by the CM
shall show the estimated amount of the GMP. They shall be in such detail as the City
may reqUIre. The initial estimate shall be considered the Initial Guaranteed
Maximum Price, and shall not exceed the construction budget of $3,775,000,
a) Should the CM's IGMP exceed the Budget. the CM shall include
with said estimate \\iTitten suggestions for bringing the Project within
Budget. The City. at its sole option, may adjust the Budget or it may
direct the CM to coordinate with the Architect/Engineer to reduce the
estimated cost of the Project through Value Engineering, re-design by
the Architect/Engineer. re-estimating, obtaining additional pricing,
scope reduction and/or other at no cost to the City; or it may choose
to continue under subparagraph (b) below.
b) The City shall determine, after receipt and review of each estimate,
whether the CM shall continue to perform the services of the
Agreement without requiring adjustment of the most current CM
IGMP. The City may, at its sole option, determine to proceed with
the Project without Budget adjustment or any other change to the
Project. This shall in no way obligate the City to accept the CM's
GMP Proposal whether or not it is within the estimate or whether or
not it is within the Budget. The City in this and all cases may reject
the GMP at its sole discretion and proceed to exercise its options as
identified in this Agreement.
General Coordination - The CM shall coordinate with and include activities in both
the schedule referred to in this Section and other schedules required in the Contract
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Documents the work of consultants. testing labs, and other consultants employed by
the City as well as the reviews required by the City and other agencies and the
Architect/Engineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the
ArchitectlEngineer the submittal of all required documents for pemlits. CM shall be
responsible for obtaining any and all permits and paying any and all related fees tor
the Work. The City shall not pay the CM any additional sums beyond the
Preconstruction Services Fee and the GMP for these services. Fees for building
permits issued by the City of Miami Beach shall be waived, Fees for other permits
shall be the responsibility of the CM.
4.3.7 Desi~n Services - In the performance of its Design Phase requirements, while the CM
is not the AlE for the Project. the CM shall be prepared to employ such professional
design services as may be required for the fulfillment of its obligations under this
Agreement.
4.3.8 TIle CM shall submit to the Owner the CM's Memorandum of Changes in sufficient
time and as scheduled so it may be reviewed against the Contract Documents and any
corrections. modifications, additions, or changes be incorporated prior to
commencing the Bid and Award Phase. The Memorandum of Changes shall include
a summary of all recommendations made by the CM in fulfilling the CM's duties
with regard to the Contract Documents. The CM shall identify any recommendations
not incorporated into the documents. The City shall either direct that same be
incorporated or explain in writing why the recommendation is rejected.
4.4 Bid and A ward Phase
4.4.1 Prequalification - The CM shall prepare a subcontractor's prequalification plan in
compliance with the requirements currently determined by the City. The CM shall
submit to the City the CM's list of pre approved Subcontractors for each element of
the Work to be subcontracted by the CM. This list shall be developed by the
execution by the CM of the subcontractor's prequalification plan noted above. The
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City reserves the right to reject any subcontractor proposed for any bid to be
considered by the CM. Any claims, objections or disputes arising out of the
prequalification plan or list are the responsibility of the CM, The CM shall hold
harmless, indemnify, and defend the City, its employees, agents, and representatives
in any matter arising out of the prequalification plan and/or the subcontractor's list,
except where the sole cause of the matter is a City directed decision.
4.4.2 Scope of Work - The CM shall receive subcontract proposals which, when combined
with the work the CM intends to do with its own forces, shall represent the entirety
of the Scope of Work required of this Agreement.
4.4.3 Pre-Bid Conferences - The eM shall schedule and conduct pre-bid conferences for
subcontractors and the City to ensure the availability of such subcontractors, material
suppliers, etc. for this pre-bid conference, The CM shall be solely responsible for the
content of the pre-bid conference.
4.4.4 Subcontract Biddin~ - The CM shall schedule, in coordination with the
ArchitectlEngineer and the City, the acceptance, review and award of the bids to
qualified responsive and responsible Subcontractors. Said bids from subcontractors
shall be in writing and shall be opened and reviewed with the Architect/Engineer and
the City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5.1 Calculation/Ne!j!otiation of the Guaranteed Maximum Price- After taking, reviewing
and identifying the lowest acceptable bids from responsive and responsible
subcontractors, the CM shall propose to the City, a Guaranteed Maximum Price,
which shall be the sum of the proposed subcontracts and the CM's General
Conditions (including any fee, profit, overhead and all like amounts) and the agreed
upon Contingency. The Guaranteed Maximum Price shall be the full and complete
amount for which the CM agrees to go forward from the receipt of subcontract bids
to the full completion of the Project.
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4,5,2 Acceptance ofGMP - Upon acceptance and execution of the GMP Proposal. by the
City, the CM shall enter into subcontract agreements with the subcontractors selected
for the amounts included in the GMP Proposal for that subcontract work. and shall
function as a General Contractor and comply with the Contract Documents
accordingly with regard to the Project as well as a Construction Manager with regard
to other services required by the Contract Documents,
4.6 Time of Performance
4.6,1 Conformance with Approved Schedule- The CM shall perform all the duties required
by this Agreement in such a way and time as to conform to the most current Exhibit
"A" of the Architect/Engineer's contract.
4.6,2 Review and Acceptance of Schedule- In executing the Agreement, the CM
acknowledges specifically that the CM has reviewed the most current Exhibit "A"
of the Architect/Engineer's contract, has given any necessary input to the City
regarding any need to modify that schedule to acconunodate the CM at Risk process,
and shall not be entitled to additional time or money in order to conform the CM
services to that schedule.
4.6.3 Preparation and Delivery of the CM at Risk Schedule- Within fourteen (14) days of
the effective date of this Agreement the CM shall present to the City a schedule for
the CM's duties. deliverables, and requirements showing the start and completion of
design phase activities to be performed by the CM, This schedule shall be in
conformance with the most current Exhibit "A" of the ArchitectlEngineer's
Agreement.
4.7 Pl\-vment
4.7,) Application for Payment Submittal- The eM shall submit monthly an application for
payment for the proportional amount of the Preconstruction Services Fee which shall
be determined by dividing the Preconstruction Services Fee by the number of months
from the effective date of this Agreement until the scheduled submittal of the GMP
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proposal by the CM. Delays to the schedule shall result in re-calculation of the
monthly application amount by dividing the amount ofPreconstmction Services Fee
remaining by the number of months currently remaining until the first submittal of
GMP Proposal.
4,7.2 Time Extensions- In the event the performance of the eM is delayed by reasons
outside the CM's control, the CM shall request in writing an extension of time for the
contract requirements of this Agreement. Said request for extension shall include a
proposed revised schedule. and documentation as to the cause of the delay, The
CM's sole remedy for delays which impact the time of performance of this
Agreement shall be a time extension. No damages for delay shall accrue to the
benetjt of the CM as a result of any delays to the performance of this Agreement.
Specifically. the CM agrees that the failure of the ArchitectlEngineer to maintain the
design schedule shall be non-compensable to the CM and CM's sole remedy shall be
an extension of time.
4.7.3 Extra Services- Should the CM be requested or required by the City to provide
services which the CM believes are outside and/or in addition to the scope of-this
Agreement, the CM shall within five (5) days of being requested to perform such
services, notify the City in writing of the CM's opinion that they are extra services
to this Agreement, the reason the CM believes they are outside the scope of this
Agreement, and the proposed costs, and time impact, if any, for the performance of
same. The City may direct the CM to proceed with such services pending a final
determination as to the compensation, In such case, the CM's right to consideration
shall not be waived by proceeding as directed.
4.8 City's Rii:ht to ReQuire Documentation and Audit
The City may, as deemed necessary, require from the CM support and/or documentation for
any submission. Upon execution of the Agreement, the CM agrees that the City shall have
unrestricted access during normal working hours to all CM's records relating to this Project
including hard copy as well as electronic records for a period of three years after final completion.
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ARTICLE V
GMP PROPOSAL AND ACCEPT ANCEIREJECTION
5.1 Subcontract Bids
The eM shall open subcontract bids from the pre-approved list of potential subcontractors
at a time and place scheduled with the City's Project Coordinator and such other City
Representatives in attendance,
a) The CM shall provide a summation and analysis of the apparent low subcontract bids
including the identity of any apparent low subcontract bidders which the CM does
not wish to employ. Such identification and proposal of non-utilization by the CM
shall require specific written reason for same.
5.2 Citv of Miami Beach Fee Profit General Conditions. Continem;y
The CM shall propose the amount to be included in the GMP for the Construction Manager's
General Conditions costs and the Contingency as defined herein.
S.3 The sum of the totals of the two above paragraphs shall comprise the proposed GMP for the
Project and shall form the basis of negotiations between the CM and the City.
a) The City shall have the option of accepting or rejecting the GMP as presented by the
CM should the GMP be accepted, the GMP Amendment reflecting that acceptance
will be executed, and the Contract Price increased by the GMP amount. Should the
GMP not be accepted, the City may at its option:
i) Reject the GMP and direct the Architect/Engineer and CM to investigate,
redesign, develop for City approval value engineering possibilities, and other
cost savings and to re-submit a new, lesser, Proposed GMP. This may at the
City's option, include reduction in scope, All to be done at no additional cost
to be City,
Reject the proposed GMP, take possession of the plans and specifications.
and bid the work to a General Contractor or otherwise complete with other
forces or take such action, if any, that the City may determine is in its best
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interest. In this event. the CM shall not pertorm nor be compensated for. any
services on the Project beyond the agreed Construction Manager's Fee herein.
In the event any option under this subparagraph is chosen by the City, the CM
is obligated to immediately turnover to the City all plans. specifications and
other project related documentation.
ii) When accepted by the City. the GMP shall be formalized by the execution of
the GMP Amendment (Exhibit I).
iii) The City shall determine, after each negotiation session, unless agreement is
reached, it further negotiations are warranted. Ifnot, the negotiations shall
be declared not to be successful and the City shall take possession and
ownership of all documents produced for the Design and Bid Phase, pay the
CM any remaining undisputed Construction Manager's Fee, and proceed
under the requirements noted under this paragraph, and the City and CM shall
be mutually released from any further obligation each to the other.
iv) The City shall have no obligation to accept the GMP proposal of the CM
regardless of that Proposals relationship to the Budget or the most current
estimate or for any other reason.
ARTICLE VI
TERMINA TION
6,1 Termination for Cause
The City may terminate this Agreement for cause in the event that the CM (I) violates any
provisions of this Agreement or performs same in bad faith; or (2) unreasonably delays the
performance of the Services, and CM fails to cure same within thirty (30) days following written
notice to CM. In that event, such termination shall become effective upon seven (7) days written
notice to CM.
6.1,1 In the event this Agreement is terminated by the City for cause, the City, at its sole
option and discretion, may take over the Services and complete them by contracting with another
CM or otherwise. In such event, the CM shall be liable to the City for any additional cost incurred
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by the City due to such termination. "Additional Cost" is defined as the difference between the
actual cost of completion of such incomplete services, and the cost of completion of such Services
which would have resulted from payments to the CM hereunder had the Agreement not been
terminated.
6,1,2 Payment only for Services satisfactorily performed by the CM and accepted by the
City prior to receipt of a Notice of Termination for Cause, shall be made in accordance with Article
6 herein and the City shall have no further liability tor compensation, expenses or fees to the CM,
6.1,3 Upon receipt ofa written Notice of Termination, the CM shall promptly assemble and
submit to the City, as provided herein or as required in the written notice, all documents. including
drawings, calculations, specifications, correspondence, and all other relevant materials affected by
such termination.
6.1.4 In the event of a termination for cause, no payments to the CM shall be made (I) for
Services not satisfactorily performed, as same shall be determined at the City's option and discretion;
and (2) for assembly of submittal of documents, as provided above.
6.2 Termination for Convenience
The City, in addition to the rights and options to Terminate for Cause, as set forth above, or
any other provisions set forth in this Agreement, retains the right to terminate this Agreement at its
sole option, at any time, for convenience, without cause and without penalty, when in its sole
discretion it deems such termination is in the best interest of the City, upon notice to CM, in writing,
fourteen (14) days prior to termination.
6.2.1 In the event the City terminates the CM's services for its convenience, as provided
herein, the CM shall be compensated for all Services rendered up to the time of receipt of said
written termination notice. and for the assembly and submittal to the City of documents for the
Services performed, in accordance with Article 6 herein, and the City shall have no further liability
for compensation, expenses or tees to the CM. except as set forth in Article _'
6.3 Termination by CM
The CM may only terminate this Agreement for cause in the event that the City willfully
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violates any provisions of this Agreement or unreasonably delays payment for the Services. and has
failed to cure same within thirty (30) days following written notice from the CM. In that event. CM
may terminate this Agreement upon written notice to the City, which termination shall become
effective thirty (30) days fi'om the date of said Notice. In that event. payment for Services
satisfactorily perfornled prior to the date of termination shall be made in accordance with Article 6
herein,
6,3.1 The CM shall have no right to terminate this Agreement for convenience of the CM,
6.4 Implementation of Termination
In the event of termination, either for cause or for convenience. the CM, upon receipt of the
notice of termination, shall (I) stop the performance of Services under this Agreement on the date
and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts
except for any that may be authorized, in writing. by the City, prior to their occurrence; (3) terminate
all orders and subcontracts to the extent that they relate to the performance of the Services terminated
by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents
for the services performed, including drawings. calculations, specifications, correspondence, and all
other relevant materials affected by the termination; and (5) complete performance of any Services
as shall not have been terminated by the Notice of Termination and as specifically set forth therein.
6,5 Non-solicitation
The CM warrants that it has not employed or retained any company or person, other than an
employee working solely for the CM, to solicit or secure this Agreement; and that it has not paid,
nor agreed to pay any company or other person any fee, commission, gift or other consideration
contingent upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the CM for any reason whatsoever,
ARTICLE VII
INDEMNIFICA nON
7.1 CM shall, at all times hereafter, indemnify. hold harmless and defend the City, its agents,
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servants and employees from and against any claim, demand or cause of action of any kind or nature
arising out of the negligent act. error, or omission of CM. its agents. servants or employees in the
performance of services under this Agreement.
7.2 In the event that CM abandons this Agreement or causes it to be tenllinated by City. CM shall
indemnif)'. hold harmless and defend the City. its agents. servants and employees against any loss
pertaining to such termination.
7.3 CM hereby affirms that it shall be responsible tor the acts, errors and omissions of its
Subcontractors and it shall indemnify, defend and save harmless the City, its agents, servants and
employees from any and all claims by third parties which may arise on account of services rendered
by CM's Subcontractors.
7.4 The provisions of this Section shall survive the expiration or earlier termination of this
Agreement.
8.1 Ownership of Documents
All finished or unfinished documents. data, studies, surveys, drawings, maps, models,
photographs and reports prepared or provided by CM in connection with this Agreement shall
become the property of the City, and shall be delivered by CM within ten (10) days after receipt of
written notice. Any re-use of documents by City without written verification or adaptation by CM
for the specific purpose intended will be without liability to CM.
ARTICLE VIII
MISCELLANEOUS
8.2 Records
CM shall keep such records and accounts and require any and all CM and Subcontractors to
keep such records and accounts as may be necessary in order to record complete and correct entries
as to personnel hours charged to the Project. and any expenses for which CM expects to be
reimbursed. All books and records relative to the Project will be available at all reasonable times
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for examination and audit by City and shall be kept for a period of three (3) years after the
completion of all work to bt: performed pursuant to this Agreement. Incomplete or incorrect entries
in such books and records will be grounds for City's disallowance of any fees or expenses based
upon such entries. All books and records which are considered public records shall. pursuant to
Chapter 119. Florida Statutes. be kept by CM in accordance with such statutes.
8.3 Equal Opportunitv Emplovmelll
8.3.1 CM agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race. color, religion, sex, age, national origin,
disability or sexual orientation and will take affinnative steps to ensure that applicants are employed
and employees are treated during employment without regard to sexual orientation, race, color,
religion, sex, age, national origin, or disability. This provision shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or
compensation; and selection for training, inclUding apprenticeships. CM agrees to furnish City with
a copy of its Affirmative Action Policy.
8.4 Public Entitv Crimes Act
In accordance with the Public Entity Crimes Act (Section 287, I 33, Florida Statutes), a person
or affiliate who is a CM, who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a public
building or public work, may not bid on leases of real property to the City, may not be awarded or
perfonn work as a CM, supplier. subcontractor, or subcontractor under a contract with the City, and
may not transact business with the City in excess of the threshold amount provided in Section
287.017, Florida Statutes, for Category Two for a period of36 months from the date of being placed
on the convicted vendor list. Violation of this Section by CM shall result in cancellation and may
result in CM's debarment.
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8.5 No Contingent Fee
CM warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for CM, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, Corporation. individual or firm other than a bona fide employee
working solely for CM any tee. commission. percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of this
provision. City shall have the right to terminate the Agreement without liability at its discretion. to
deduct trom the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
8.6 Assillnment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered by CM, under any circumstances, without the prior written consent of City.
8.7 Insuranc~
CM shall provide, pay for and maintain in force at all times during the services to be
performed, such insurance, including Professional Liability Insurance, Worker's Compensation
Insurance, Comprehensive General or Commercial Liability Insurance, Business Automobile
Liability Insurance and Employer's Liability Insurance.
Such policy or policies shall be issued by companies authorized to do business in the State
of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk
Manager and having agents upon whom service of process may be made in the State of Florida. CM
shall specifically protect the City by naming the City of Miami Beach as an additional insured under
all policies required by this action.
8.7.1 Professional Liability Insurance with the limits of liability provided by such policy
to be no less than Two Million Dollars ($2,000,000) per occurrence with a maximum deductible of
$ 100,000 per Occurrence, and $200,000 aggregate.
eM shall notifY City in writing within thirty (30) days of any claims filed or made against the
Professional Liability Insurance Policy.
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8.7.2 Business Automobile Liability Insurance with minimum limits of One Million Dollars
($1,000,000) per occurrence combined single limit for Bodily Injury Liability and One Million
Dollars ($1,000.000) per occurrence for Property Damage Liability. Coverage must include owned
vehicles and hired and non-owned vehiclcs,
8.7.3 CM shall provide to City a Certiticate of Insurance or a copy of all insurance policies
required by this Section. City reserves the right to require a certified copy of such policies upon
request. All certiticates and endorsements required herein shall state that City shall be given thirty
(30) days written notice prior to expiration or cancellation of the policy. Should CM fail to obtain,
maintain, or renew the policies of insurance referred to herein, in the required amounts, the City may,
at its sole discretion. obtain such insurance, and any sums expended by the City in obtaining same
shall be repaid by CM to City, plus ten percent (10%) of the amount of premiums paid to compensate
City for its administrative costs, IfCM does not repay City's expenditures within fifteen (15) days
of demand,lhe total sum owed shall accrue interest at the rate of twelve percent (12%) until paid,
and such failure shall be deemed an event of default hereunder.
8.8 All Prior Ali:reements Superseded/amendments
This document incorporates and includes all pnor negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein; and the
parties agree that there are no commitments, agreements or understandings conceming the subject
matter of this Agreement that are not contained in this document. Accordingly, the parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written.
It is further agreed that no modification. amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
8.9 Notices
Whenever either party desires to give notice unto the other, such notice must be in writing,
sent by registered United States mail, return receipt requested, addressed to the party for whom it is
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intended at the place last specified; and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this paragraph. For the
present. the parties designate the following as the respective places for giving of notice:
FOR CITY OF MIAMI BEACH:
Jorge E, Chartrand
Capital Pr~iects Coordinator
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
with a copy to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
.c .:5,""GM .< . ~/rhet- z-
/J.3/i1 .5.11 ;.,l'/ .5i"!~."Gr
N.o9-nI.z: / n~ :J;3i I~"
,
8.10 Intell'retation
The language of this Agreement has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either party hereto. The headings
contained in this Agreement are for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall
include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section, unless the reference is made to
a particular subsection or subparagraph of such Section or Article.
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8.11 Protection of Records
eM shall protect from harm and damage all data drawings, specifications, designs. models.
photographs, reports, surveys and other data created or provided in connection with this Agreement
(collectively. City Property). while such data and materials are in CM's possession. Such duty may
include. but is not limited to, making back-up copies of all data stored by electronic device on any
media. taking reasonable actions to prevent damage by impending flood or storm (including. but not
limited to, removing the City Property to a safe location). and establishing and enforcing such
security measures as are reasonably available. considering the customary practice within CM's trade
or possession.
8.12 Exhibits and Attachments
In the event of conflict between the terms contains in this Agreement and the terms contained
in any of the documents attached or incorporated herein, the terms of this Agreement shall control
and shall be given full effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CM shall keep fully informed of all federal, state
and local laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or
tribunals having jurisdiction or authority which, in any manner, affect work authorized under the
terms of this Agreement, and shall further take into account all known pending changes to the
foregoing of which it should be reasonably aware,. The CM shall at all times observe and comply
with all such laws, ordinances, regulations, orders, and decrees.
8,14 Acreement Severable' No Waiver
In the event any provisions of this Agreement shall be held to be invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties. One or more waivers by either
party of any provision, term, condition or covenant shall not be construed by the other party as a
waiver ofa subsequent breach of the same by the other party.
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8,15 The City reserves the right to perform constmction and operations related to the Project with
the City's own torces, and to award contracts in connection with the Project which are not part of
the CM's responsibilities under this Agreement.
8,16 Venue
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Miami-Dade County. Florida.
8.17 Limitation of Liability
8,17,1 The City desires to enter into this Agreement only ifin so doing the City can place
a limit on City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the Fee paid to CM
herein, less any sums paid by the City. CM hereby expresses its willingness to enter into this
Agreement with CM's recovery from the City for any damage action for breach of contract to be
limited to a ma.ximum the Fee paid to CM herein, less any sums paid by the City.
8.1 7,2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM
hereby agrees that the City shall not be liable to CM for damages in an amount in excess the Fee paid
to the CM herein, less any sums paid by the City, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28,
Florida Statutes.
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IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST:
r&kt}fLtLlu\.
Robert Parcher, City Clerk
THE CITY OF MIAMI BEACH
f/l11JI
Neisen Kasdin, Mayor
A ITEST:
JASCO CONSTRUCTION COMPANY, INC.
RlAIkw
F:lATTOIAOUllIAGll.EEMNlIPROFSVCVASCO AOR
APPROVED AS TO
FORM & lANGUAGE
" FOR EXECUTION
II~. 'I-"-ell
NtOmeV ~ y- 1.),-"
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EXHIBIT "B" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this_day of
("GMP Amendment") amends that certain Agreement between Owner, the CITY OF MIAMI
BEACH. FLORIDA (also. City) and Construction Manager, JASCO CONSTRUCTION
COMPANY, INC, made as of the day of For the following described
Project:
FIRE STATION NO.2
2300 PINE TREE DRIVE
MIAMI BEACH, FLORIDA
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement
in the manner set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, in the Agreement and the other Contract Documents and for such other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and the
Construction Manager do hereby agree as follows:
I. This GMP Amendment is executed in connection with, and is deemed to be part of the
Agreement and the Contract Documents. Wherever the terms of this GMP Amendment and the
tenns of the Contract Documents are in conflict, the tenns of this GMP Amendment shall govern
and control. The terms used herein, unless otherwise defined in this GMP Amendment, shall have
the meanings ascribed to them in the Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part
thereof:
a. The drawings listed on Attachment I, attached hereto, which drawings are
made a part of the Contract Documents by this reference (the "Drawings");
and
b. The specifications listed on Attachment II, attached hereto, which
specifications are made a part of the Contract Documents by this reference
(the "Specifications"); and
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,
C. Those documents listed on Attachment Ill, Additional Contract Documents.
attached hereto, are made a part of the Contract Documents by this reterence.
d. Those documents listed on Attachment IV, Construction Manager's Wage
Schedule. attached. hereto. are made a part of the Contract Documents by this
reference.
e. The entire Scope of the Work tor the Project, FIRE STATION NO.2. is
hereby incorporated into the Work.
f. The date of Commencement tor the construction of Project shall be
(the "Date of Commencement"),
g. The Construction Manager shalI achieve Substantial Completion of the entire
Work for this Project no later than _ days from the Date of
Commencement ( the "Contract Time", and final completion not later than
- days from the date ofSubstantiaJ Completion. Failure to meet either the
Substantial Completion or Final Completion dates shall be a material breach
of this Agreement.
h. The City and the Construction Manager acknowledge and agree that the City
wi11 suffer damages if the Construction Manager fails to achieve Substantial
Completion of the entire Work for this Project, FIRE STATION NO.2, as
defined in the Contract Documents, on or before the expiration of the
Contract Time, which damages are difficult, if not impossible, to ascertain
with any degree of certainty. Accordingly, if the Construction Manager fails
to achieve Substantial Completion of the entire Work for this Project. FIRE
STA TION NO.2. on or before the expiration of the Contract Time.
liquidated damages ( which are not intended as penalty) shall be assessed
against the Construction Manager in an amount to be calculated in
accordance with the Contract Documents using the GMP agreed for this
Work in this Exhibit as the basis tor calculation. This will OCcur by virtue of
the Construction Manager's failure to achieve Substantial Completion of the
Project within the Contract Time.
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I. The Guaranteed Maximum Price for the Project, FIRE STATION NO.2. is
hereby guaranteed by the Construction Manager not to exceed the sum of
(the "Project GMP"), based upon the entire Scope of
the Work as described in the Contract Documents, including, but not limited
to, the Drawings and the Specifications, subject only to additions and
deductions by Contract Amendment(s) or Construction Change Directive, as
provided in the Contract Documents, The GMP is more particularly itemized
in the Schedule of Values prepared in accordance with the terms of the
Agreement, which Schedule of Values is attached hereto and made a part of
the Contract Documents by this reference. Included in the Schedule of
Values and specifically identified herein, the Contingency included in the
Guaranteed Maximum Price is the amount of
j. The Construction Manager shall continue to provide Commercial General
Liability Insurance, Automobile Liability Insurance, Worker's Compensation
Insurance, and Builder's Risk Insurance, in compliance with the provisions
of Article II, Insurance and Bonds of the General Conditions of the Contract
for Construction.
k. The Construction Manager shall provide the Public Construction Payment
Bond and the Public Construction Perfonnance and Guarantee Bond, in
compliance with the provisions of Article II, Insurance and Bonds of the
General Conditions of the Contract for Construction.
1. By executing this GMP Amendment, the Construction Manager
acknowledges that it has ascertained all correct locations for points of
connection for all utilities, if any, required for this Project: and has identified
all clarifications and qualifications for this Project, if any.
m. The Construction Manager's on site management and supervisory personnel
for this Project shall be set forth herein, and incorporated as an exhibit to this
Agreement.
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n. To the extent that the Owner has authorized the Construction Manager, in
writing, to perform a portion of the Work for this Project: with the
Construction Manager's own forces, the salary and wage schedule for the
Construction Manager's personnel performing such portion of the Work.
agreed upon by the City and the Construction Manager, shall be as set forth
on Attachment IV, attached hereto, are made a part of the Contract
Documents by this reference. The Construction Manager warrants and
represents that the salary and wage schedule includes the lowest comparable
market rates (including any and all benefits, contributions and insurance)
charged by the Construction Manager for comparable contracts to other
business and individuals for similar services, and that such rates are not
higher than the standard paid for this Project.
o. The Construction schedule for this Project is set forth on Attachment V,
attached hereto, are made a part hereof by this reference.
p. Except as expressly provided herein above all of the terms, conditions,
covenants, agreements and understandings contained in the Contract
Documents shall remain unchanged and in full force and effect, and the same
hereby expressly ratified and confirmed by the Owner and Construction
Manager.
q. This Amendment may be executed in several counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same
instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
40
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date
first wrinen above.
FOR CITY:
CITY OF MIAMI BEACH
ATTEST:
By:
By:
Mayor
City Clerk
FOR CONSTRUCTION
MANAGER AT-RISK:
JASCO CONSTRUCTION COMPANY
ATTEST:
By:
By:
President
Secretary
':IA TTOIAGURIAGIlEEMNNROfSVCl/ASCO.AGR
41
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A IT ACHMENT I CONTRACT DOCUMENTS:
THE DRA WINGS
A IT ACHMENT II CONTRACT DOCUMENTS:
THE SPECIFICATIONS
A TT ACHMENT III CONTRACT DOCUMENTS:
ADDITIONAL CONTRACT DOCUMENTS
A TT ACHMENT IV CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
A TT ACHMENT V CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
':lAlTOIAGUJl.\AGREEMN"N'ROFSVCIIASCO "GR
42
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A RESOLUTION OF TIlE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS, IN THE
AMOUNT OF $36,500, FROM THE GENERAL OBLIGATION BOND
PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRE-
CONSTRUCTION SERVICES, IN THE AMOUNT OF $36,500, WITH THE
NIlMBER ONE RANJam FIRM OF JASCO CONSTRUCTION COllfpANv,
PURsUANT TO REQUEST FOR QUALIFICATIONS (RFQ), NO. Jl7-99100
FOR CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE
STATION NO.2 RENOVATION AND EXPANSION; AND FURTHER
APPROPRIATING FUNDS, IN TIlE AMOUNT OF S50,oOO FROM THE
GENERAL ORLJGATlON BOND PROGRAM FOR TESTING SERVICES,
FOR THE FIRE STATION NO. 2 RENOVATION AND EXPANSION.
RESOLV'ilON NO. 2001-24335
WIIEREAs. on Jo1y 17, '.... !be Mayo, 00d Clly Comm;,,;oo "'_ . Re,.,lutioo,
~ !be Mayo, ood Clly CI... 10 "''''Ole 00 A_ w;th !be linn ofSTA Arehl_
<hoop CSTA). _10""""", Fo< "- of In""", No. 133......5 lRFLI) "" An:m_ "'"
""""""".. -", ""!be Ronov.t;.", "'" Expoo,;oo ofF.. Statioo No. 2, "'" . Maate, Plan f..
the site at 451 Dade BouleVard (the Project); and
WHEREAS. · mtal of $500.000 - _priot", "" the consoJting """= on !be
.....i<ct, ....- -"" by !be Cily __ 10 the IntedoaoJ C_ntion __ ""-
lhe Ci1y "'" M;""';.Dade County "'-'" !be d"",iUon of the 213'" _00 of the Can_Uoo
Development Tax; and
WIIEREAs, · - 0[$4.68..<49 - all"""", ,",m GenenoI Obl;gati",,1Iood fund. ..
construction of the Project; and
WIIEREAs. on - 9, 1998. !be finaJ -.. developed by STA _ -led 10 !be
Land Use &: Development Committee; and
WIlEREAs, Soheme Bela. wbi", ealled "" the histone _"" of the _. F..
S","", BoUdlng; !be "'<tilion ofa new tIoce bay F.. Station; ood . ""'onfis_on of", Puhli.
Works Yard was approved by the Committee; and
WHEREAS, the Administration has studied the use of Construction Management at Risk
(CMR) for the Project in lieu of a standard bidding process; and
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WHEREAS, the use of CMR allows for the involvement by a contractor in the process as
early as possible, which in turns affords the City and the design consultant the expertise of the
contractor in detennining better means and methods of construction, controls of costs, selection of
subcontractors, etc.; and
WHEREAS, CMR also requires that the contractor provide an initial estimate based on the
construction budget established by the City at $3,775,000 as early as the design development phase
of the Project; and
WHEREAS, the contractor is then responsible for the estimate and for the finaI Guaranteed
Maximum Price, as established by the Agreement, and must provide the City with cost estimates at
regular intervals to ensure that the Project is within budget; and
WHEREAS, based on the Administration's recommendation, the Mayor and City
COmmission authorized the issuance of a Request for Qualifications for Construction Management
at Risk for the Fire Station No.2 Renovation and Expansion on September 13, 2000; and
WHEREAS, an Evaluation Committee selected Jasco Construction Company as the
number-one ranked finn accordingly; the City Manager recommended Jasco to the Mayor and City
Commission and was authorized to enter into negotiations for a Professional Services Agreement
on January 31,2001; and
WHEREAS, the fee for Pre-construction Services was negotiated with Jasco Construction,
Inc., for an amount of $36,500, in addition to establishing the initial estimate for the Project at
$3,775,000; and
WHEREAS, the Administration now requests that the Mayor and City Clerk execute the
subject Agreement for Pre-construction Services related to Construction Management at Risk with
the nwnber-one ranked finn, Jasco Construction Company, in the amount of $36,500; and
WHEREAS, the Administration further requests the Mayor and City CQrntnission approve
appropriation of the necessary funds, in the amount of $36,500, from the General Obligation Bond
Program to execute the agreement; and
WHEREAS, the Administration further requests the City Commission appropriate funds,
in the amount of $50,000 from the General Obligation Bond Program for testing services for the Fire
Station No.2 renovation and expansion; and
-,. ..' ..
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission appropriate funds , in the amount of $36,500, from the General Obligation Bond
Program, and authorize the Mayor and City Clerk to execute a Professional Services Agreement for
Pre-construction Services, in the amount of $48,500, with the number-one ranked firm of Jasco
Construction Company, pursuant to Request for Qualifications (RFQ), No. 117-99/00 for
Construction Management at Risk for the Fire Station No.2 renovation and expansion; and further
appropriate funds, in the amount of $50,000 from the General Obligation Bond Program for testing
services, for the Fire Station No.2 Renovation and Expansion Project.
PASSED and ADOPTED this 18th day of April, 2001
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MAYOR
ATTEST:
~tP~
CITY CLERK
APPROYEDAS TO
FORM a LANGUAGI
&fOREXECUnOH
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March 1 , 2001
Mr. Jorge Chartrand
City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Construction Management 8t Risk
Preconatructlon Services for
Fire Station No.2
2300 Pine Tree Drive
Miami Beach, Florida
Dear Jorge,
We appreciate the opportunity to present this proposal for CM at Risk Preconstruct ion
Services for the Fire Station No.2 Project. As you are well aware, this project is of
great importance to the continued redevelopment of the City of Miami Beach. We at
Jasco Construction Company will do our utmost to deliver this project to the city with
the highest quality and the lowest possible cost. In order to achieve these objectives,
we proposed the following scope of services.
Scope of Services
As we understand it, this project consists of two phases. The first phase is the
construction of a new fire house facility and the second phase is the historical
renovation of the existing fire station. In addition, the structure and exterior elements of
the new fire house facility will need to withstand a category 5 hurricane wind force. All of
the construction must be performed in concert with the full operations of the Miami
Beach Fire Department.
This is a difficuit project and in order to maximize the opportunity for its successful
completion, extra emphasis must be given to analyze the project design. The design
must be reviewed for clarity, constructability, and compatibility with exiting conditions.
Each of the major building components must be analyzed. And overall quality must be
maintained.
During the schematic design phase, our firm will help you manage and control the final
cost of your project by developing conceptual estimates, an overall master schedule
and a realistic construction plan.
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As the design phase moves into the development of construction working drawings, we
provide more detailed budgeting, scheduling, and construction planning feedback to aid
completion of a successful project. on time, within budget.
To maximize the efficiency and constructibility of your project, as the detailed
development of the design and the preparation of the construction working drawings
continues, we will provide additional preconstruction services as follows:
Material procurement and trade contractor analysis; Mechanical, electrical, and
building systems review; Value engineering; Structural system design review;
Constructibility analysis
Therefore, the preconstruction services to be provided by Jasco for this project are as
foIJows:
D.slgn Phase
During the Design Phase, Jasco will:
1. Review and coordinate the work that the Architect of Record has
prepared.
2. Submit for approval applicable cost and time savings incentive programs.
3. Work and coordinate activities with consultants, contracts, contractors,
testing labs and other services.
4. Review all design documents and existing building/site to ensure
constructability .
5. Prepare detailed cost estimates and monthly updates.
6. Review current budget issues and deyelop an estimate based on the final
construction documents.
7. Value Engineer costly building components.
a. Establish the master project schedule identifying all phases and milestone
items.
9. Present the City with a construction sequencing/phasing plan.
10. Coordinate with the Architect all pennitting applications.
Bid and Award Phase
During the Bid and Award Phase, Jasco will:
1 . Identify different bid packages that will represent the entirety of the scope of
work.
2. Provide the City with a list of pre-qualified subcontractors.
3. Schedule an conduct pre-bid conferences with all interested subcontractors,
material suppliers and equipment suppliers.
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4. Accept, review and award bids to qualified responsive and responsible
subcontractors.
5. Justify the use of subcontractors that are not the low bidder.
6. Set detailed procedures for cost and time control updates.
7. Present the City with a proposed GMP base upon the sum of accepted low
subcontract bids and the negotiated construction manager fees for its
construction services including general conditions, profit and overhead.
In addition to the above. we will conduct a project kick-off meeting in which all the project
participants will attend. At this meeting we will develop lines of communication, and
responsibility. At this meeting, the TEAM concept will be established.
Proposed Fee.
Design Phase
Kick-off Meeting
Analysis of Existing Conditions
Constructability Analysis
Budgetary Review of Building
Components
Estimate Development
Value Engineering
Preconstruction Scheduling
$17,000.00
Working Drawing Phase
Project Final Estimate
Preconstruction Scheduling
Development of Scope
Narratives
$10,000.00
Bid And Award Phase
$9,500.00
Preconstructlon Services Total
$36,500.00
In closing, our staff Is comprised of licensed and experienced general contractors and
knowledgeable construction managers and professional engineers. We are committed to
a successful project delivery to the City of Miami Beach and look forward to working with
you.
If you have any questions about this proposal, please do not hesitate to call me or Mr.
Esteban Suarez, the President of Jasco and the assigned eM Principal for this project.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. 1. ~.o I
TO:
Mayor Neisea KasdiD aDd
Members of the City Commission
DATE: April 18, 2001
FROM:
Jorge M. Gonzalez \. ...~
City Manager 0 ,,- 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING FUNDS,IN THE
AMOUNT OF 536,500, FROM THE GENERAL OBLIGATION BOND FUND
PROGRAM, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR PRE-
CONSTRUCTION SERVICES, IN THE AMOUNT OF 536,500, WITH THE
NUMBER ONE RANKED FIRM OF JASCO CONSTRUCTION COMPANY,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ), NO. 117-99/00
FOR CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE
STATION NO.2 RENOVATION AND EXPANSION; AND FURTHER
APPROPRIATING FUNDS, IN THE AMOUNT OF 550,000 FROM THE
GENERAL OBLlGA nON BOND PROGRAM FOR TESTING SERVICES,
FOR THE FIRE STATION NO. 2 RENOVATION AND EXPANSION.
ADMINISTRA nON RECOMMENDA nON:
Adopt the Resolution
FUNDING:
Funds are available from the General Obligation Bond Program, year 2000 series and shall be placed
in the already available Fund 375, Work Order 2146, for Fire Station No.2 Improvements.
ANAI.YSIS:
On July 17, 1996, the Mayor and City Commission adopted a Resolution, authorizing the Mayor and
City Clerk to execute an Agreement with the firm ofSTA Architectural Group (STA), pursuant to
RFLI No. 133-94/95 for architectural and engineering services for the renovation and expansion of
Fire Station No. 2 and Master Plan for the site at 451 Dade Boulevard.
On March 9, 1998, the fmal scheme developed by STA was presented for approval and
recommendation at the Land Use and Development Committee and Scheme Beta, which called for
the Historic Restoration of the existing Fire Station Building, the addition of a new three bay Fire
Station, and a reconfiguration of the Public Works Yard, was approved.
AGENDA ITEM C- f q
DATE_'f--Il) -O[
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Commission Memorandum
April18,2001
Fire Station No.2, Construction Management @ Risk
Page 2
As part of the General Obligation Bond Program (GO) and the Capital Improvements Program (CIP),
the Administration revisited the previous recommendation for the Master Plan and for Fire Station
No.2 and decided to negotiate an Amendment to the original Agreement for professional services
with ST A which included the design and construction administration for Fire Station No.2 and had
an established fee structure.
On June 28, 2000, the City Commission approved Amendment No.1, in the amount of $318,020,
to the original Agreement with ST A for design and construction administration services, the
restoration of the existing Fire Station No.2, the addition of a new three bay Fire Station and the
reconfiguration and design of the Fire Station site to isolate it from the Public Works Yard.
The Administration has studied the use of Construction Management at Risk (CMR) for the Project
in lieu of a standard bidding process. The use of CMR allows for the involvement in the process by
a contractor as early as design development, which in turn affords the city and the consultant the
expertise of the contractor in determining better means and methods of construction, controls of
costs, selection of subcontractors, etc. Based on the Administration's recommendation, the City
Commission authorized the issuance of a Request for Qualifications (RFQ) for Construction
Management at Risk for the Fire Station No.2 Renovation and Expansion on September 13, 2000.
The RFQ was issued on October 9, 2000 and responses were received from four firms on November
10, 2000.
By selecting the CMR early in the process, potential design and constructibility issues, which may
later cause additional costs, are reduced during the design. The CMR participates with the
consultants in determining better uses of materials, better methods of construction. better selection
of products, better coordination between trades, etc. The CMR also participates in bidding the
different trades and portions of the Project and advises the City on selecting the best values and the
best proposals.
This team and partnering approach takes into consideration the established budget, the established
schedule and the limitations of the construction site. It also affords the opportunity of selecting the
major subcontractors early in the process, have them approved by the City, and involve them in the
design process as well. It has been shown in the past that the CMR method generally cuts down on
construction problems and therefore construction costs.
CMR requires that the Construction Manager (CM) provide an initial estimate, based on the
established budget, as early as the Design Development of the Project. The CM is then responsible
for this estimate and must provide the City with updates at regular intervals to insure that the Project
is within budget. At approximately ninety percent completion of the Construction Documents Phase
of the Project. the CM must provide the Guaranteed MaximUID Price (GMP) which establishes the
cost of the Project, within budget, and which makes the CM responsible for this price regardless of
developments dwing construction which may increase costs. Code issues, errors in the documents,
unforeseen conditions, etc., which increase construction costs, must be borne by the CM. Only
changes requested by the City, which go beyond the original scope of work, or unforeseen conditions
which could not be anticipated by any of the parties involved, are considered as potential change
orders when using CMR.
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Commission Memorandum
April /8. 200/
Fire Station No.2, Construction Management @ Risk
Page 3
The CMR includes a fee for the management of the Project as part of the fmal GMP. The fee is
based on the early participation in the design process and the management of the bidding phase. The
management fee is usually covered by the savings which the CM can generate from the participation
in the design, the value engineering, and the minimization of change orders during construction.
An Evaluation Committee selected Jasco Construction Company (Jasco) as the number-one ranked
firm. The City Administration recommended Jasco to the City Commission and was authorized to
enter into negotiations for a Professional Services Agreement on January 31, 200 1. The fee for Pre-
construction Services, as set forth in the attached Agreement. in the amount of $36,500, was
negotiated with Jasco from an initial amount of $48,500. In addition, the initial estimate is
established as $3,775,000, which is the current construction budget.
At the March S, 2001 GO Oversight Committee meeting, the CMR Agreement with Jasco was
discussed and the Committee recommended proceeding with the Pre-construction Services
Agreement as presented. The Committee requested that the GMP Amendment be brought back to
the Committee for review and recommendation. The Committee also requested that incentives for
early completion and penalties for delays in the Project be included in the Amendment Finally, the
Committee recommended the full appropriation as requested by the Administration.
The CM cannot provide a GMP until the design construction documents arc complete. The CM, by
being involved during the design, can advise the City on whether the Project continues to be on
budget and also identify those areas which must be addressed in order to keep it in budget Once the
GMP is established, the Administration will bring to the City Commission an Amendment to the
Agreement identifying the final Project cost, as well as the parties' rights and responsibilities with
respect to the progression of the Work, through Project completion. The CM must maintain the
Project within budget at all times during the process.
The City Administration recommends that the Mayor and City Commission, authorize the Mayor
and City Clerk to execute an Agreement for Pre-cons1IUction Services for Construction Management
at Risk with the number-one ranked firm, Jasco Construction Company, in the amount of $36,500.
The Agreement has been reviewed by the City Attorney's office as well as staff. The Agreement has
also been reviewed by Hazcn and Sawyer and by URS to obtain their comments since the City has
not used CMR in the past. The Administration also recommends the Mayor and City Commission
appropriatc funds, in the amount of $36,500, from the GO Bond Program, for the Pre-constrUction
Services of the ConstrUction Management at Risk Agreement.
The Administration further requests that the Mayor and City Commission appropriate funds, in the
amount of $50,000 from the GO Bond Program for testing services for the Fire Station No.2
~on and Ex ion.
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