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HomeMy WebLinkAboutResolution - 2010-R0157 - Professional Service Agreement: Gordian Group, Inc. (Job Ordering Services) - 03/25/2010NResolution No. 2010-RO157 March 25, 2010 ,I Item No. 5.29 ii RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement between the City of Lubbock and The Gordian Group, Inc. to provide job order contracting services, implement a job order contracting program, and provide a license to The Gordian Group's proprietary system for the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Yearwdd, Chi+;,,f Information Officer APPROVED AS TO FO Assistant City Attorney Professional srvs agrmnt the Gordian group me res 3.17 10 March 25th ._ _, 2010. TOM MARTIN, MAYOR Resolution No. 2010-R0157 Contract: 9487 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE GORDIAN GROUP STATE OF TEXAS COUNTY OF LUBBOCK This Professional Services Agreement ("Agreement") is entered into this 25`h day of March, 2010, by and between the City of Lubbock ("City"), a Texas home rule municipal corporation, and The Gordian Group, Inc., a Georgia corporation. The City may be notified at P.O. Box 2000, Lubbock, Texas 79457. The Gordian Group may be notified at 140 Bridges Road, Suite E, Mauldin, South Carolina 29662. WHEREAS, the City is in need of consultant services to implement a Job Order Contracting ("JOC") service program for the City. WHEREAS, the City desires a license to The Gordian Group's proprietary JOC system. WHEREAS, The Gordian Group has the materials, experience, and skill required to act as a consultant for the project described above; and WHEREAS, the City desires to contract with The Gordian Group to perform said consulting services; NOW THEREFORE, the parties agree that: I. SCOPE OF WORK A. The Gordian Group Responsibilities. The Gordian Group agrees to provide consulting services to implement and support a Job Order Contracting program for the City of Lubbock, and provide a license to The Gordian Group's proprietary system without any upfront cost to the City as described in The Gordian Group's proposal dated September 8, 2009, which is attached hereto as Exhibit A and incorporated herein as if fully set forth. The City shall not be obliged to make any payment to The Gordian Group unless a JOC project is approved by the City's Director of Purchasing & Contract Management and Facilities Director. B. City Responsibilities. The City agrees to pay The Gordian Group five percent (5%) of the value of the construction cost for each JOC work order issued through the JOC program up to and including six million dollars ($6,000,000) in the aggregate. Then, the City agrees to pay one and ninety-five hundredths percent (1.95%) of the value of the construction cost for each JOC work order issued through the JOC program in excess of six million dollars ($6,000,000) in the aggregate. The City's representative during the performance of this Agreement shall be Wesley Everett, Facilities Director, telephone number (806) 775-2275. C. Other Agencies. In the event any other agency ("Agency") elects to utilize the contract between the City and The Gordian Group to implement an independent -1- JOC program, pursuant to state, local or other co-operative agreements, laws or regulations, The Gordian Group agrees to provide to the Agency the services described in this Agreement for the License Fee specified above. An independent JOC program shall be defined as a JOC program requiring the preparation of Agency specific JOC contract documents, training of Agency specific staff, or procurement of Agency specific JOC contractors. D. Concurrent JOC Programs. In the event an Agency located in the City of Lubbock or Lubbock County ("Lubbock Agency") elects to utilize the City's Agreement with The Gordian Group to implement a JOC program concurrent with the implementation of the City's JOC program, the $6,000,000 tiers in the License Fee specified above shall be reduced to $5,000,000 for the City and to $5,000,000 for the Lubbock Agency. A JOC program implementation shall be considered concurrent if the first JOC construction contract at the City and the first JOC construction contract at the Lubbock Agency are awarded within 90 days of each other. 11. TERM A. Length of Contract. This Agreement will be in force for one (1) year from the date of execution. B. Optional Extensions. The City will have four (4) optional one-year extensions. To exercise one of these options, the City shall do so by giving written notice to The Gordian Group. C. Termination. This Agreement may be cancelled by The Gordian Group upon thirty (30) days prior written notice to the City's representative in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of The Gordian Group; provided the City fails to cure same within that thirty (30) day period. It may also be terminated, in whole or in part, by the City, with or without cause, immediately upon written notice to The Gordian Group. Unless The Gordian Group is in breach of this Agreement, The Gordian Group shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, The Gordian Group shall: 1. Stop work on the date and to the extent specified. 2. Continue and complete all parts of the work that have not been terminated. III. INDEPENDENT CONTRACTOR A. Independent Contractor Relationship. The Gordian Group is and shall be considered at all times an independent contractor under this Agreement. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, -2- partnership or principal -agent relationship between The Gordian Group and the City. B. Not Employee of City. During the performance of the services and obligations under this Agreement, agents and employees of The Gordian Group shall not be considered, for any purpose, employees or agents of the City, within the meaning or the application of any federal, state, or local law or regulation. C. Standard of Care. The Gordian Group represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. It is understood and agreed that The Gordian Group is to perform the services under this Agreement in a sound professional manner and to exercise a reasonable and prudent degree of care, skill, and diligence in the performance of its obligations. IV. TIME OF PERFORMANCE A. Time to Begin. The Gordian Group will begin work promptly after this Agreement is signed by both parties to the Agreement. B. Time for Completion. The Gordian Group will complete the project within one hundred and eighty (180) working days of receipt of the Notice to Proceed, unless otherwise agreed between the parties, except that the On -Going Technical Support decribed on Pages 2.26-2.29 of Exhibit A attached hereto shall be performed during the entire term of the contract. V. GENERAL CONDITIONS A. General Compliance. The provisions and duties set forth in this Agreement shall be subject to any Texas laws, particularly those pertaining to bidding for government contracts. The Gordian Group agrees to comply with all applicable federal, state, and local laws pertaining to the consulting services described above. B. Insurance. The Gordian Group will provide and maintain in force for the full term of this contract, the insurance described in Exhibit B, which is attached hereto and incorporated as if fully set forth herein. The auto/general liability insurance certificates must name the City of Lubbock as primary additional insured, and have a waiver of subrogation in favor of the City of Lubbock on all coverages. C. Hold Harmless. The Gordian Group hereby assumes full responsibility for the risk of bodily injury, death, or property damage resulting from its performance of this Agreement and releases for itself, its employees and agents, the City of Lubbock, its officers, agents, employees or representatives from any and all injury, loss, liability, damage or costs relating to any claim arising from the performance of this Agreement. The Gordian Group shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and -3- judgments whatsoever that arise out of The Gordian Group's performance or nonperformance of this Agreement. D. Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas, without regard to conflict of law rules that would direct application of the laws of any other jurisdiction. Venue for any and all legal action necessary to enforce the Agreement will be held in Lubbock County, Texas. E. Amendments. The City or The Gordian Group may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by both parties. Upon receipt by The Gordian Group of the City's notification of a contemplated change, The Gordian Group shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City if the contemplated change shall affect The Gordian Group's ability to meet the completion dates or schedules of this Agreement. If the City so instructs in writing, The Gordian Group shall suspend work on that portion of the Scope of Work affected by the contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall initiate an amendment and The Gordian Group shall not commence work on any such change until such written amendment is signed by The Gordian Group and approved and executed by the City Council for The City of Lubbock or its designated representative. F. Entire Agreement. The City and The Gordian Group agree that this Agreement and any attachments hereto or other documents as referenced in the Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article E. Amendments. G. Notice. Any notice required by this Agreement shall be deemed to be properly served, if deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at the recipient's address listed above. Either party has the right to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail. H. Invalid or Unenforceable Provision. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent of the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City of Lubbock City Council. J. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. K. Indebtedness. The Gordian Group shall not pledge the City's credit or make it a guarantor of payment or surety for any agreement, debt, obligation, judgment, lien, or any form of indebtedness. The Gordian Group further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. L. Contingent Fees. The Gordian Group warrants that it is has not employed or retained any company or person, other than a bona fide employee working solely for The Gordian Group 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 The Gordian Group, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. M. Waiver. Failure of the City to enforce or exercise any under this Agreement shall not be deemed a waiver of City's right to enforce or exercise said at any time thereafter. N. Preparation. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. O. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. P. Agreement Documents and Controlling Provisions. This Agreement consists of this agreement and Exhibits "A" and "B". The Gordian Group agrees to be bound by all the terms and conditions set forth in this Agreement and Exhibits "A" and "B". To the extent that there exists a conflict between this Agreement and the provisions of Exhibits, the terms, conditions, covenants, and/or provisions of this Agreement shall prevail. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. -5- Q. Right to Review. The City, by and through its Risk Management Department, in cooperation with the department, reserves the right to review, reject or accept any required policies of insurance. including limits, coverages, or endorsements, therein from time to time throughout the term of this Agreement. The City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. IN WITNESS HEREOF, the parties have executed this Agreement as of this 25th day of March ,2010. CITY OF LUBBOCK, TEXAS Tom Martin Mayor ATTEST: Rebeckoarza City Secretary APPROVED AS TO CONTENT Mark earwo Chief Information Officer Assistant City Manager APPROVED AS TO FORM Bryreen Assi ant City Attorney -6- THE GORDIAN GROUP, INC. a, David L. Mahler Vice President of Finance Resolution No. 2010-RO157 EXHIBIT A Resolution No. 2010—RO157 September 8, 2009 Victor Kilman Director of Purcashing & Contract Management 1625 13th Street, Suite 201 Lubbock, TX 79401 Re: Proposal for JOC Services Dear Mr. Kilman: The Gordian Group is pleased to submit our proposal to the City of Lubbock to provide services to implement and support a Job Order Contracting program. The Gordian Group is the leader in Job Order Contracting and it is our sole business. We are dedicated full-time to improving and advancing the products and services required for successful Job Order Contracting programs. The Gordian Group has developed a proprietary JOC Complete Solution that provides facility owners with the tools necessary to ensure that JOC delivers the maximum benefits of cost and time savings. The Gordian Group is the best qualified firm to provide the requested products and services for the following reasons: During the past 19 years, we have assisted over 160 public facility owner clients in getting construction work underway much faster, less expensively, and with improved quality, when compared to traditional bid methods. Invented by our founder, Harry Mellon for NATO in 1981, our process has passed the tests of time and those of third party auditors, and has earned the acclaimed Best of the Best Practices Award by the National Institute of Governmental Purchasers. The Gordian Group has extensive municipality experience and has successfully implemented and supported our JOC Complete Solution throughout the. United States, including the City of Chicago, City of Miami, New York City and the City of San Francisco. We can readily apply this knowledge to the City of Lubbock's advantage. We are the only firm that can provide single point responsibility for all of the products and services necessary for a JOC program. We prepare, customize and support, with in-house staff, the Contract Documents, Construction Task Catalogs, Technical Specifications and the PROGEN Information Management System that we provide to our clients. We will not rely on third parties or independent vendors. We will be 100% responsible for the success of your JOC program. Building a JOC program takes more than preparing customized documents and providing software. The devil is in the details. Our experience provides us with the knowledge to develop a comprehensive, fully functioning JOC program that will deliver the most value possible. 140 BRIDGES ROAD, SUITE E • MAULDIN. SOUTH CAROLINA 29662 • BOD/874-2291 • FAX 864/233.9100 Table of Contents SECTION Cover Letter Table of Contents JOCExperience................................................................................................ 1 ProjectApproach............................................................................................... 2 Qualifications of Key Personnel.......................................................................3 References.......................................................................................................... 4 LicenseFee......................................................................................................... 5 Sample Documents Execution Procedures................................................................................... 6 Construction Task Catalog............................................................................ 7 Technical Specifications................................................................................ 8 PROGEN Users Manual - Chapters 1 and 2 ................................................. 9 PROGEN Customized Forms...................................................................... 10 PROGEN Management Reports................................................................. 11 JOCTraining Manual................................................................................... 12 The information and data, furnished in connection with this Proposal to provide Job Order Contracting products and services, shall not be disclosed outside of the City of Lubbock and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal, except as required by law; provided, that, if a contract is awarded to this offeror as a result of or in connection with the submission of this information or data, the City of Lubbock shall have the right to duplicate, use or disclose the information or data to the extent provided for in the contract. The information and data subject to these restrictions as noted above are appropriately marked "Confidential and Proprietary". Copyright 02009 by The Gordian Group, Inc. All rights reserved. JOC Complete Solution, JOC Complete Solution Plus, PROGEN, PROGEN Online, Construction Task Catalog, Catalog of Construction Tasks, DMAP, eGordian, The Standard for Job Order Contracting and 6 Phase Development and Implementation Process are either registered trademarks or trademarks of The Gordian Group, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. City of Lubbock Proposal to Provide JOC Services I��UPI mN JOC Experience resulted in additional failures and costs because needed repairs were not completed timely or premiums had to be paid to meet high-priority delivery schedules. A genuine need existed to be able to procure contracted services in a timely and cost effective manner, while at the same time, maintaining control through adequate inspection and contract administration procedures. Mr. Mellon fulfilled this need by inventing JOC. In 1985, after JOC proved successful for NATO, Mr. Mellon was tasked with developing and implementing a JOC program for the Department of Defense. Over the next several years, he developed the Delivery Order Contracting (DOC) system for the U.S. Army, the Simplified Acquisition of Base Engineering Requirements (SABER) system for the U.S. Air Force and the Work Order Contracting (WOC) system for the U.S. Navy. Mr. Mellon developed the initial Unit Price Books, Technical Specifications, internal Execution Procedures and the Contract Documents for these systems. Every defense facility in the United States and abroad that operates a JOC program does so under the original framework and procedures developed by Mr. Mellon. History of The Gordian Group After retiring from the Army Corps of Engineers, Mr. Mellon realized that public facility owners, like the City, would benefit greatly from the advantages of JOC. In 1990, he started The Gordian Group for the sole purpose of providing the products and services necessary to implement and support JOC programs for facility owners. Since then, we have successfully implemented JOC programs for a wide variety of clients in many different public sectors from the City of Miami Beach, to the Chicago Public Schools, to the County of Los Angeles Internal Services Department. Since our inception, JOC has been and continues to be our only business. Starting with our first client, Miami -Dade County Public Schools, we have progressively improved and refined our approach. The Gordian Group is the only firm in the nation that provides a JOC Complete Solution with single point responsibility for all of the products and services necessary for a client controlled, JOC program. Our JOC Complete Solution includes the proprietary data, technology, process and human resources necessary for a successful JOC program. We provide and support, with in-house staff, a comprehensive program. We do not "private label" the products from other companies, nor do we rely on third parties or independent vendors or subcontractors. A description of our JOC Complete Solution services is provided in Section 2 of this proposal. This year, almost $1.5 billion in maintenance, repair and construction work will be completed with JOC programs that we implemented and support. City of Lubbock 1.2 Proposal to Provide JOC Services JOC Experience bonding, site preparation or other ambiguous expenses is more difficult too, since they are already included in our Construction Task Catalog prices. The Gordian Group has compiled several side by side comparisons showing that our watchful third party eye, coupled with our comprehensive and client customized JOC program, puts the client in control and saves considerable expense. The chart below reflects real studies of construction savings achieved with The Gordian Group's JOC Complete Solution. Gordian's success has brought with it a number of competitors offering their own versions of JOC. These firms are typically, proven Gordian JOC Benefits construction contractors In some �' Time savings form using off-the-shelf lis estimating guides and ✓ Cost savings piecemeal approaches to Job Order Contracting. Many facility ✓ Better quality owners have found that "Contractor JOCs" do not save `� Increased contractual control them money, and can even cost ✓ For fewer claims and changes more than traditional bid construction, because of the ✓ Greater NIWDBE utilization inherent risk and conflict of allowing the contractor to propose their own line items and reap the direct benefits associated. The bottom row of the chart above demonstrates this effectively. Nineteen years in the business have shown that the JOC Complete Solution, unlike any other JOC approach available today, produces consistent savings of at least 8-15% and allows clients to "transparently" spread their construction dollars much further. Many additional benefits have been realized by our clients over the years with the JOC Complete Solution. These include an overall increase in contractual control and a consistent increase in the level of construction quality and significant reduction in claims and changes from contractors motivated to continue receiving work. Last but certainly not least, Gordian JOC results in a substantial increase in the utilization of local, minority and women owned businesses because of smaller job orders and more manageable bonding limits. These extensive benefits are responsible for our success and client retention. CiA�I GI?GUPQ City of Lubbock 1.4 Proposal to Provide JOC Services Competitive RS Means Gordian Cost Cost ,Project Title Location Bid Price Price Price Savings $ Savings % Renovate AncillarySpaces Carrizozo, NM 360,000 161,671 44. Elementary School Restrooms Capitan, NM 90,000 7734,4507 52,079 S7.91' Install Waterproofing Roswell, NM - 121,000 79,230 65. Red Mountain Kitchen Expansion Deming,NM 884,956 150,499 17.0% CubaTeachera-eHousin Cuba, NM 1,200,000 - 896,309 303,691 25.3% Belen Airport Lounge Belen Airport NM - 232 282 156,348 75,934 32. Jose Barrios Storage BuildingSilver City,NM 130,000 58,409 71,591 S5.1 Renovate Bathroom Arlin on, VA 40,000 16,327 23,673 59.2 Guadalope Renovation Lubbock, TX 145,300 347,000 108,769 .__.238,2311 79 68.Surnmary GordianSurnmary of Gordian JCCto of • Traditional Bid - 2,690,256 870,282 1,975,785 381,623 704,471 488,6S9 26.3% 56.1% Gordian's success has brought with it a number of competitors offering their own versions of JOC. These firms are typically, proven Gordian JOC Benefits construction contractors In some �' Time savings form using off-the-shelf lis estimating guides and ✓ Cost savings piecemeal approaches to Job Order Contracting. Many facility ✓ Better quality owners have found that "Contractor JOCs" do not save `� Increased contractual control them money, and can even cost ✓ For fewer claims and changes more than traditional bid construction, because of the ✓ Greater NIWDBE utilization inherent risk and conflict of allowing the contractor to propose their own line items and reap the direct benefits associated. The bottom row of the chart above demonstrates this effectively. Nineteen years in the business have shown that the JOC Complete Solution, unlike any other JOC approach available today, produces consistent savings of at least 8-15% and allows clients to "transparently" spread their construction dollars much further. Many additional benefits have been realized by our clients over the years with the JOC Complete Solution. These include an overall increase in contractual control and a consistent increase in the level of construction quality and significant reduction in claims and changes from contractors motivated to continue receiving work. Last but certainly not least, Gordian JOC results in a substantial increase in the utilization of local, minority and women owned businesses because of smaller job orders and more manageable bonding limits. These extensive benefits are responsible for our success and client retention. CiA�I GI?GUPQ City of Lubbock 1.4 Proposal to Provide JOC Services Project Approach The Gordian Group's JOC Complete Solution is a turnkey procurement approach which tailors Job Order Contracting components to form a unique, comprehensive and high -performing JOC program for each of our clients. Job Order Contracting procurement was pioneered and tested by our founder for the U.S. A military over 20 years ago. It is an increasingly popular�V construction procurement system among facility owners ^► to quickly and easily accomplish repair, alteration and �QQQ y simple construction projects. JOC helps facility owners Q efficiently complete a series of projects with a single, competitively bid contract. The Job Order Contract defines the overall relationship between the facility owner and the contractors. Each Job Order Contract is awarded through a competitive bidding process for an indefinite quantity of construction work, typically has a term of one or more years, and features an estimated or maximum dollar value. Like other JOC type programs, The Gordian Group's system gets work completed faster, some 60-180 days faster than traditional methods. But unlike any other JOC program available today, our approach saves money too. It consistently produces cost savings of 8-15%. The JOC Complete Solution also delivers increased levels of construction quality from highly motivated contractors, a significant reduction in claims and changes, an increase in the utilization of local, minority and women owned businesses, and greater facility owner control than any other small construction procurement method. Gordian's results are unsurpassed and have been demonstrated in many side-by-side comparisons and independent audits over the years. The Gordian Group's success is the result of our experience, innovation, and willingness to invest in state-of-the-art products and to follow best practices. We have developed a wealth of related data, technology, process and human resources that are unmatched in the industry. The City of Lubbock (City) will be provided an unlimited user license to all elements of The Gordian Group's JOC Complete Solution for the term of our contract. A description of our JOC Complete Solution is provided below. Construction Cost Database The Gordian Group maintains the most extensive Construction Cost Database available. Developed and refined over the last 19 years, our database includes over 240,000 construction tasks with associated costs for all areas of construction from site work to electrical. The data includes specific tasks applicable to municipal, educational, transportation, healthcare, housing and water/waste water management clients, among others. The Construction Cost Database has the following for each construction task: • A unit of measure • A detailed task description specifying the task and when and how it is used • Labor, material and equipment price components, updated to reflect local prices, prevailing wages and working conditions at the time of publishing • Details of the work crew necessary to install the task • Productivity factors that determine how much time it takes to install one unit of the task IAN Confidential and Proprietary GORD GR", City of Lubbock 2.1 Proposal to Provide JOC Services Project Approach needs and is implemented in conjunction with the facility owner's specific Construction Task Catalog and Technical Specifications. PROGEN will allow the City to administer all aspects of its JOC program from generating Contract Documents to reviewing proposals to providing real time audit, management and performance reports. The software has a proven track record of being secure, flexible and stable. It has several layers of redundancy including a back-up host site. PROGEN "talks to" facilities management or enterprise software through web service data exchange, which allows our clients to automatically enter data in or extract data from PROGEN without the application interface. Updates and additions to PROGEN are easy because it is built on a Microsoft platform. Equally important, PROGEN's Internet access spares clients unnecessary hardware and software expense. PROGEN was designed so that it can be configured to fit exactly the information management needs of the City's JOC program. With the JOC System license we provide, the City can equip any number of users with PROGEN access to generate all of the documents and forms required for the JOC process, including the contractor's Proposal, the City's independent cost estimate, Job Orders, and all management and performance reports. Gordian's third technology component is eGordian. Through www.eGordian.com, contractors within our national network of more than 500 trained JOC contractors access PROGEN and identify subcontractors for specific projects. Subcontractors use eGordian to find opportunities on JOC projects by construction trade, geography or owner all contributing to "on call" convenience for the City. Human Resources ,f As with any service provider, the real determinant of strength and reliability is the quality of its team. This is especially true with The Gordian Group. While we produce products such as Construction Task Catalogs and training guides in physical form to help our clients with their program, it is ultimately the service that we provide in applying our data, technology and process resources to meet a client's individual needs that truly makes the difference. As a 19 year old company, we have grown to be over 100 strong with Project Managers and Construction Managers spread throughout the Nation in cities and towns near our clients, and support staff located in Mauldin, SC and Atlanta, GA. Our team is highly experienced with rich backgrounds in the construction industry. We are a highly educated group with degrees in engineering, architecture, construction management, law, business and technology, and many at the Master's level. Several share a strong military tradition started by our Founder, Ret. Lt. Colonel Harry H. Mellon. Our culture is a positive and unique blend of intense work ethic, entrepreneurial spirit, uncompromised integrity and client focus. We operate under a team concept that allows for the liberal transfer of personnel, ideas and information providing our clients with a truly integrated and responsive project delivery approach. As a result, we have assembled a team of professionals who have extraordinary experience. We are the industry experts for JOC repair, alteration and procurement and management. qualifications and minor construction Confidential and Proprietary City of Lubbock 2.3 GTtOUP£ Proposal to Provide JOC Services Project Approach Our unique approach will "fit together" all the elements required for the City's fully functional JOC program. Document � - * Preparation YY # I Execution ! General ` Pro -Bid Procedures C Conditions. Seminars Program Internal Structure +}-1 " Bid Documents Marketing Program Bidding Technical s External Strategy Specifications Marketing r Construction Program 1 1 Task Catalog Program Development Document Development Procurement Support PROGENe Installation PROGEN" Development Configuration i Preparation PROGENeTesting ,} Systems Support PROGENe 0. Training Softmrare Configuration _I Develop` 0n -Site JOC Training Execution Picogram Assistance l Conduct Contractor ` Conduct Training Staff Tra1 111. Program implementation and ?raining Software J0C Development Contract and Preparation Implementation ,} Contract Implementation & Technical Support .r On -Going Technical Support A complete detailed explanation of each phase of The Gordian Group's 6 Phase Development and Implementation Process appears below. We will take the confusion out of Job Order Contracting and will create a customized and effective JOC solution for the City. erocess Pha se C - Program Deve�opmnent The Program Development Phase incorporates all the activities necessary to establish the structure of the City's JOC program. While JOC is a method of procurement, it is very different from the traditional methods and many things must be considered when organizing a JOC program. We will assist the City in making educated decisions about the structure of its JOC program, from the minimum and maximum value of the contracts and the geographic area supported by each contract, to the internal organization of project managers that will execute and administer the JOC program. We will not reinvent the wheel or learn as we go. We will bring with us our experience and knowledge gained from other facility owners similar to the City. Since JOC will be a new and different procurement process for the City, it is critical that proper execution procedures and policies be prepared. Our experience will enable us to develop a comprehensive set of Execution Procedures that adhere to your general operating and organizational philosophies. These procedures and policies must incorporate all phases of the JOC process. Specific issues that must be addressed include: Confidential and Proprietary C��1APf City of Lubbock 2.5 Proposal to Provide JOC Services Project Approach Order Contract Documents for the City including the Construction Task Catalog, Technical Specifications, Contract and General Conditions, and Bid Documents. No other firm provides this level of service. Gordian JOC Documents Construction Task Catalog +� Technical Specifications '/ Contract & General Conditions Bid Documents Construction Task Catalog Over the last 19 years, our team of experienced cost estimators led by Mike West, a Certified Cost Engineer, has developed more than 1,700 Construction Task Catalogs specifically designed for JOC programs. We have developed Construction Task Catalogs for municipal, educational, transportation, housing and water management clients. This depth of experience has created a comprehensive data base from which we can draw upon when customizing a Construction Task Catalog for a particular client. The Gordian Group is the only source in the world for client specific JOC price books and documents and the unsurpassed results they bring. The Gordian Group will conduct a series of review conferences with City staff to ensure the appropriate maintenance and construction related tasks are included in each of the Construction Task Catalogs. We use only local prevailing wages and local material and equipment costs (which we obtain directly from local subcontractors and suppliers) to price our Construction Task Catalogs. That allows us to be extremely accurate. The pricing of the Construction Task Catalog will be specific for the City and will incorporate current area prevailing wage rates, as well as actual local equipment and material prices. When contractors have confidence in a Construction Task Catalog, they will offer the City a more competitive price. When we build a new Construction Task Catalog, we start with our 240,000 task database that it is continually improved and updated not only by us, but by our clients. As part of our ongoing support role we produce updated Construction Task Catalogs. When we notice areas for improvement, we bring in our cost estimating team to incorporate the improvement into the very next published book using our DMAP (Database Manager and Publisher) software and its component pricing capability. With over 400 books currently in use, client feedback has allowed us to continually raise our level of quality. If any items are not already included in our database, The Gordian Group will gladly develop them for the City. These new tasks will be for the exact construction product or material that the City requires for its projects including, if necessary, unique City supplied material and equipment. THE Confidential and Proprietary GIMIAN City of Lubbock 2.7 Proposal to Provide JOC Services Project Approach structure causes two problems. The first problem is that the owner could end up paying more than is necessary for work because the prices listed in the generalized estimating guides do not reflect heightened competition, increased productivity or other local components. The second problem is that a contractor, uncomfortable with the imbalance in pricing, will raise his/her bid to compensate for the risk involved. The owner will pay for this added risk. Ambiguous Task Descriptions: Tasks in the generalized estimating guides have descriptions that are meant for doing construction estimates, not contracts. The task descriptions are designed to be general and cover an average cost of a range of items. This ambiguity allows a JOC contractor to include tasks that are not appropriate and therefore increase costs unnecessarily especially in the areas of "General Conditions" or "Mobilization" for things like bonding, site fencing, etc. Not only does this result in increased costs to the facility owner, but it also fosters an adversarial relationship between the owner and the contractor and slows the overall process. In addition to ambiguous task descriptions, RS Means guides and others use the terms minimum, average and maximum throughout to indicate quality of materials. What will the contractor use as a guideline to determine which price to use? The owner should not have to negotiate what is an "average" piece of hardware. This can open the door to fraud, favoritism, and corruption, and unnecessary owner expense. No Demolition for Most Tasks: The bulk of the work performed in JOC is renovation, repair and replacement work. Most generalized estimating guides do not provide demolition prices for a majority of the tasks associated with this work. Therefore, the demolition cost of even the simplest task must be negotiated. One of the significant advantages of JOC is that you do not have to negotiate prices. The requirement to negotiate tasks will create an adversarial relationship between the owner and the contractor and change the nature of the contract from competitively bid to negotiated. im Quantity Discounts: There can be significant cost savings when doing large quantities of the same work. Most generalized estimati provide pricing for quantity discounts. This results in the owner losing the benefit from the savings associated with larger quantities. Administrative Challenge: As mentioned above, generalized estimating guides are prepared using national price averages. The national price average must then be multiplied by a unique factor related to the local city cost index to obtain a local price. In addition to this multiplication, the facility owner must determine whether the total cost column will be used or the total including overhead and profit. When reviewing a JOC contractor's estimate prepared from a generalized estimating guide, the owner's staff must verify that the correct tasks, the correct quantity, the correct bid factor, the correct price column, and the correct city factor have been used; and that the entire math containing all of these components is accurate. Considering the average Proposal has over 40 tasks, this can create a severe burden on existing staff. Estimating guides are too generalized and can be manipulated by the contractors. Such errors are most common in quoting "General Conditions" items for things like bonding, site fencing, project site clean-up, etc. where superfluous items are added or overstated. Further risk exists where "maximum" quality materials are quoted but "average" quality materials are supplied. The loose, general or incomplete task descriptions, inaccurate pricing, and missing tasks, typically found in estimating guides, all put a strain on the relationship with the contractor as the parties negotiate through tough pricing issues. Gordian's clear, comprehensive and Confidential and Proprietary C9Ot9APd City of Lubbock 2.9 MUP Proposal to Provide JOC Services Project Approach apply. We will draft a full set of bid documents, including the Contract and General Conditions, and will coordinate those documents with the various departments within the City. Paul Schreyer, our Corporate Counsel and in-house construction law attorney, will review the Contract Documents for compliance with all applicable laws. Bid Documents An essential part of any contract package is the Bid Documents. These documents need to be carefully customized for a JOC program in order to enhance competition and minimize the possibility of a bid protest. The Bid Documents need to be prepared and presented to the bidder in a manner that minimizes uncertainties. The "tighter" the Bid Documents the better the bid prices will be for the City. The Gordian Group proposes to prepare all of the documents for the City JOC program. The Gordian Group will be responsible for coordinating all JOC documents with the City departments such as Legal, Purchasing, Minority Business, Finance, and Risk Management. Likewise, the Contract, General Conditions and the Bid Documents we prepare will include the appropriate JOC and City requirements. Should you have current Indefinite Quantity Contracting documentation in place, we will coordinate our JOC Contract Documents accordingly. A critical objective of any Job Order Contracting program is to achieve and x_ improve upon the participation goals for minority and female owned business enterprises. The Gordian Group will work directly with the City compliance office to ensure that appropriate goals, compliance procedures and contract language are included in the Contract Documents. Since work under JOC is identified and accomplished on a project -by -project basis rather than up front, as in traditional contracting, minority subcontracting compliance procedures, policies and forms must be developed and included in the Contract and General Conditions. Document Preparation The Gordian Group will prepare a draft set of Contract Documents for review by the City. After incorporation of all comments, The Gordian Group will prepare a final set of Contract Documents in both electronic and hard copy form for printing by the City. rocess Phase 3 - Procurement Support This phase incorporates all the activities necessary to establish the structure of the City JOC program, inform internal City staff and the contracting community about JOC, and procure the JOC contractors. Specific services will include preparing and conducting an external marketing program, an internal marketing program and pre-bid seminars. Gordian Procurement Support External marketing program Internal marketing program Pre-bid seminars Confidential and Proprietary C41AH City of Lubbock 2.11 oupt Proposal to Provide JOC Services Project Approach bid conferences that have been refined over time to secure for the City the very best qualified contractors at a meaningful, competitive price. rocess Flvhase 4 - Software Configuration The Gordian Group will provide unlimited access to our information management software that is capable of generating all of the JOC documents, including the contractor's Proposal, the owner's independent estimate, Job Orders, and all management reports and forms. Our proven software, PROGEN, was specifically designed to support JOC programs. We will configure PROGEN to meet the information management needs of the City of Lubbock (City) JOC program. �F Progen 5 B [Sample Own®r[ - [Gcaraf Administration Lists j Poloies �j Reporting j Security L.. m Groups n Budget Accot"s Q Abdalah, Thomas Q Alex Pastero Q ALVES, STEPHEN Q Askew, Patrick Q Bofwel Grump Q Bankamp, P.E., Donald Q Brian Coffey Q Charles Crane PROGEN is the most com rehensive and most cw �° �'"`� g Christ Erd. P 'y Contacts i# CFuistanMelon widely used JOC information management software available and the only software designed to manage administration of the entire JOC process. PROGEN was developed by The Gordian Group with in-house employees for the sole purpose of administering a JOC program. Designed after Microsoft Windows and the standard office products, Excel, Word and Outlook, PROGEN is both simple to use and easy to learn. PROGEN is an Internet solution, making it accessible anytime and anywhere there is an Internet connection. Best of all, PROGEN can handle an unlimited number of Users, Projects, Catalogs and other information. As part of the JOC System License the City will receive with our JOC Complete Solution, you will be provided with unlimited access to PROGEN for the term of the contract. PROGEN is the culmination of 19 years of JOC software experience. The software has over 20 individual modules that are used to track and report on Job Orders. The primary modules are for Proposal development and review, but others include the ability to manage budgets, contractor evaluations, invoices, logs, meetings, submittals, tracking dates and more. The Gordian Group will work with City facilities and information technology staff to develop program and infrastructure procedures and administration. Our implementation experts are experienced with working with information system professionals in coordinating all aspects of the system software. In fact, the information technology representative at the Water Reclamation District of Greater Chicago said this about our team: "Please pass on to your IT staff that they are one of the most professional, courteous and knowledgeable support groups that I have ever worked with, and I deal with IT support people everyday from all around the country. Please extend my gratitude to the staff for a job well done. " The City will find that PROGEN is extremely powerful and flexible when it comes to security, integration and reporting. A sampling of the first few chapters of the PROGEN Users Manual can be viewed in Section 8. The Gordian Group is successful at producing great JOC software because we understand JOC and we build our software to the expectations of our users. This was a challenging task Confidential and Proprietary � N City of Lubbock 2.13 Proposal to Provide JOC Services Ease of Use PROGEN uses the same interface look and feel as popular Microsoft programs such as Word, Excel, PowerPoint and Outlook. This interface is recognizable by most computer users and therefore allows the user to feel comfortable with the program from the moment they start n. PROGEN uses common features like menus, toolbars, trees, lists and forms. The initial PROGEN screen shows a tree view of all the features on the left and a quick access tool to the most recently used items on the right. The user simply clicks on a most recently used item to go directly to that item and begin work. Users can also use the tree view to logically drill down to the item they need. Other features that make PROGEN user friendly are: Project Approach r _ Most Recently Reroof Builcling~-. Opened Job Orders (4) IOpenert 2/9/2014 9-0012AM) Budgets 6 Meetings '. - Submit! ❑ACOMRM371•WATFRMET *Estimates BN People 49Trackn ❑AARMAFLOOR SYSTEM (Roi 'IOS. Evaluation �AProposal Review []AS ample Job Order (RolecL0( Imroices QA Proposals Locations ya Related Fies a Logs 23Subconlractas J _ ► Monthly Calendar r- Most Recently Opened Items 00) 4 II. ► ❑Evakralron ❑ tMy Wad Document Sun Mon Tue Wed Thu Fri Sat []if Nath America ❑630001 26 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ❑0 Tracking Oates 18 19 20 21 22 23 24 ❑C9Proposal Details 25 26 27 28 29 30 31 ❑ Acceplance/NotiticationForm ❑(� Proposal Details I t . Item B Job Order Mtions !Delete Refresh Sun Mon Tue Wed Thu Fri Sat Last Opened: 2/9/2004 List Evaluation 1 2 3 4 5 6 7 8 Ab 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 3 4 5 6 8 10 11 12 1 Z:tToday. 2/9/2004 • Reports and forms are linked to components in PROGEN making it simple for users to find the forms and reports they need. • Email is integrated into the software so users can email reports, forms and data to others directly from the software. • Users can drag and drop information between components. For example: Tasks from the Construction Task Catalog can be dragged and dropped into a Proposal or estimate; and Locations can be dragged and dropped from the locations component to a Job Order. • Users can open several screens at one time and drag and drop between them making it easier to update information on the system. • Users can copy information from and to popular programs like Word and Excel and the format is maintained. • PROGEN allows the user to use common formatting features to format text. This can make Detailed Scopes of Work and other documents more readable. • PROGEN has a spell checker to help with the spelling in text fields. Expandable PROGEN was designed as a collection of smaller applications. This enables The Gordian Group to easily expand the software. When a facility owner requires capability in the software that does not exist, we can add it quickly and easily. The Gordian Group continues to add new modules as our clients expand their need to track different information. Confidential and Proprietary Tie City of Lubbock 2.15 Proposal to Provide JOC Services Project Approach • On -Site Personnel Many support tasks, including additional training, report writing, and merely answering basic questions, will be handled by our on-site representative. Our representatives have extensive experience in PROGEN and can handle almost every question without additional assistance. Our representatives have conducted a substantial number of PROGEN training sessions and have customized some of the most challenging reports for our clients. We believe that working on-site is the best way to accomplish most tasks. • Remote Access Remote access applications such as GoToMeeting, pcAnywhere and NetMeeting allow us to connect to a user's computer to analyze and correct specific problems the user is experiencing. Through a basic dial-up modem or Internet connection, pcAnywhere and NetMeeting enable our support representative to work on the user's computer as if they were sitting at the user's desk. GoToMeeting provides the same capability and works with most firewall and security settings. For those times when the on-site representative is not present, this remote access solution provides nearly all the benefits of an on-site visit and has been very successful in delivering real time solutions and support. • Toll -Free Support Line Calling our toll-free software user support line will connect the user with an Information Technology Specialist who will promptly assist the user concerning their immediate software questions. The support line is staffed by knowledgeable and trained personnel. Updates PROGEN is an Internet application. This means that no action is required by the end user to update the software. As updates are completed and fully tested, they are immediately available to all users. A message is placed on the PROGEN login web page to notify users prior to the release of an update. This message will include a link to instructional material, when necessary, so that the users can become familiar with the update before it is released. Hardware Requirements PROGEN is unique in that is has practically no minimum hardware requirements. Since it is an Internet application, any computer with access to the Internet can use PROGEN. This includes UNIX and Macintosh computers. A broadband connection of 1 mbps or higher is recommended. Construction Information The Gordian Group has teamed up with BNI Publishing to provide facility owners and contractors relevant construction information within PROGEN. BNI Publishing offers the following products with electronic access through the PROGEN software: Tin Confidential and Proprietary GMIAN City of Lubbock 2.17 pwt Proposal to Provide JOC Services Project Approach • Proposal The contractor can quickly create a Proposal utilizing the electronic Construction Task Catalog. The Adjustment Factors are entered during setup of the software and are automatically applied to tasks as they are entered. Like estimates, the contractor can develop several Proposals for one Job Order and combine them when responding to a request. When new tasks are needed, the user can easily create them in custom catalogs and use them on any Job Order. • Proposal Review PROGEN automatically scans the contractor's Proposal for errors to determine if the proper Adjustment Factors were used and to confirm that the math is correct. It also compares revised Proposals to previously submitted Proposals saving the client's Project Managers hours of review time while keeping an audit trail of all changes. The Project Managers can enter notes and alternative quantities for each task and transmit their comments to the contractor. All Proposals received are saved to preserve the audit trail. • Submittals You can track each submittal with the submittal log. PROGEN has the power to follow your submittals through the approval cycle. PROGEN also has the capability to manage a submittal library and to link items in the library back to projects. • Subcontractors and M/W/DBE PROGEN tracks subcontractor utilization by Job Order to track the utilization of small, disadvantaged or minority owned businesses. The contractor can also use this tool to track subcontracts and payments to subcontractors. • Project Logs Project logs can track several items that are involved during day to day project delivery. This feature is used to track weather, site check lists, site variables and to log notes. • Invoice The contractor can prepare electronic invoices that are uploaded to PROGEN for automated invoice tracking. • Evaluation PROGEN provides the Project Manager with a customizable evaluation form to critique the contractor's performance on each Job Order. This feature tracks a contractor's performance and leads to performance improvement. • Tracking Dates You can track an unlimited number of dates in PROGEN. These are typically milestone dates that represent distinct steps in the JOC process. • Forms Forms are driven by Crystal Reports, the leader in data / formatting and reporting. This will give you the power to create forms and documents needed for JOC like never before. PROGEN can produce any form a Project Manager ` may require from a Notice of Joint Scope Meeting to a J, Project Closeout Form. Project Managers can spend their I --- time managing construction, not typing. Forms are easily organized with the same Confidential and Proprietary yy GOMIAH City of Lubbock 2.19 GROUP Proposal to Provide JOC Services Project Approach developed, it was deployed on Dell servers with Windows 2003 operating systems. We chose Microsoft's SQL Server as the database for the application. Citrix Metaframe running on Windows 2003 servers is used for application delivery to the user. The final result is a fast, easy to use and secure application available over the Internet. This architecture has several benefits: • Available anytime and anywhere there is an Internet connection. • No minimum requirements on client computer hardware or software. • No servers to purchase or maintain. • No software to purchase or maintain. We have built redundancy into every part of the system to ensure safety of the connection and data. The following is a list of safety measures used by The Gordian Group: • Each server is connected to an uninterruptible power supply (UPS). • Each server has a redundant power supply. • Each server utilizes a RAID 10 disk configuration to maximize speed and provide double redundancy against hard disk failure. • We have backup servers in case of a server failure. • Each server is backed up by tape on a daily basis. One set of the most recent backup tapes are stored off site, and the backup tapes are recycled using a daily, weekly, monthly schedule. • The SQL server is backed up by replication to an on-site SQL server. The data is also backed up by tape as described above. • A hardware firewall device is used to protect against unwanted intrusion. • A mirror site in New Mexico is replicated in real time from our primary site in South Carolina. The New Mexico site has 100% of the potential capacity of our primary site. Having a mirror site in New Mexico means that our clients do not lose the ability to work even if we experience a catastrophic failure in South Carolina. All data entered on the New Mexico site will automatically replicate back to the primary site once the primary site is brought back online. Process Phase 5 - Implementation & Training The Program Implementation and Training Phase incorporates all the activities necessary to implement the City JOC program. The Gordian Group will develop the JOC training program, conduct comprehensive City staff training, mobilize and train the JOC contractor, and assist with on-site execution. Develop the JOC Training Program The Gordian Group will be responsible for developing a comprehensive JOC training program, which will include different course modules so that all elements of City staff will receive specialized training. The hands-on training program will be based on approved City policies and procedures. Confidential and Proprietary 5 GO 1 APO City of Lubbock 2.21 Proposal to Provide JOC Services Project Approach Provide On -Site Execution Assistance During the 90 -day period after award of the first JOC contract, The Gordian Group will provide on-site service as needed to ensure that this critical phase of the implementation process is completed successfully. This assistance will be provided by our staff many of whom are experienced JOC users and former JOC contractors. During this 90 -day period, we will assist City staff and the contractors with all phases of the JOC process, including joint scoping, independent estimates, Proposal development, Proposal review and validation, inspection and acceptance, payment processing, and project close-out. Gordian staff will assist in the actual execution of the contracts by helping City staff develop the initial Job Orders. Gordian staff will attend and monitor Joint Scope Meetings and Proposal review meetings. We will also monitor the overall JOC program and prepare status reports required by the City. Project Schedule We propose to develop and implement a JOC program for the City within 120 days of the receipt of a notice -to -proceed. The Gordian Group has an outstanding track record of developing JOC programs within or ahead of the established schedule for every client. The fastest start-up in the history of The Gordian Group was Kern County, California. The County desired a fast track start to avoid losing some year-end funding. With cooperation from County staff, we were able to open bids 50 days early. The key events and delivery dates are shown below. Date Scheduled Item Elapsed Time December 7, 2000 Kick-off meeting with Kern staff 1 December 22, 2000 1 s` Draft JOC document preparation 15 January 31, 2001 Pre-bid meeting 55 February 15, 2001 Bid opening 70 For the City of New York Department of Education, we developed the JOC program and opened bids 15 days ahead of schedule. The first JOC contract was awarded by the Department in the middle of June 1996. The Department of Education's JOC program remains active today with 12 JOC contracts and an annual capacity of over $32,000,000. The numbers of days to complete each activity are shown below. Date Scheduled Item Elapsed Time February 14, 1996 Kick-off meeting with DOE staff 1 Feb. 14 thru April 10 JOC document preparation 56 May 1, 1996 Pre-bid meeting 1 70 May 8, 1996 Pre-bid meeting 2 83 May 15, 1996 Bid opening 90 Meeting the 120 -day schedule will require working as a team. Timely response from City staff to our requests for information and requests to review draft documents is critical to the development and implementation process. We are aware that your staff has multiple demands placed on them in addition to your JOC program. Experience has shown us that it is Confidential and Proprietary ` THE City of Lubbock 2.23 GT" Proposal to Provide JOC Services Project Approach JOC Terms and Conditions - The JOC Terms and Conditions Module is a detailed discussion of the contractual terms of the contract. This module is designed for Project Managers and procurement staff. The terms and conditions are the "rules" under which the JOC program will be implemented. It is critical that key operational and procurement staff fully understand the Contract Documents. The components of the JOC Terms and Conditions Module are shown below. Joc Terms & Conditions General JOC Specific Lessons Questions & lJ Conditions Conditions Learned i Answers j The JOC Terms and Conditions Module is presented in a lecture format and is scheduled to be given in a two hour block. Copies of all materials and the contract terms and conditions are contained in the training manual. JOC Execution Procedures — The JOC Execution Procedures Module is a comprehensive review of the approved City Execution Procedures for JOC, as well as hands-on preparation of actual Job Orders. This module is designed for project managers. After the City procedures flowchart is studied in great detail, the class is given the opportunity to complete a series of practical exercises designed to prepare a complete Job Order, which is based on an actual City project. In addition to the classroom work, experienced staff of The Gordian Group will accompany each project manager during the development of actual Job Orders with the contractor. Gordian staff will be with the City's project managers to answer questions and to give advice as needed. The Gordian Group also prepares a one sheet reference guide highlighting the procedures and forms that need to be completed for each step in the process. The components of the JOC Execution Procedures Module are shown below. JOC Execution Procedures Execution Contract In -Class Practical On -Site Procedures I Forms Exercises Support d This module is presented in a mixed lecture and practical exercise format and is scheduled to be given in three hour blocks. PROGEN — The PROGEN Module provides a thorough overview of our proprietary JOC management information software. This module is designed for project managers. PROGEN training is provided for each step of the JOC process, from project initiation, to reviewing and validating a contractor's Proposal, to project closeout. Because the primary interface of PROGEN is Windows Explorer -based, City staff will readily adapt to the user-friendly nature of our software. This module is presented in a mixed lecture and practical exercise format and is scheduled to be given in three to four hour blocks. The components of the PROGEN Module are shown below. Confidential and Proprietary f I AIV City of Lubbock 2.25 Proposal to Provide JOC Services Project Approach The primary reason JOC programs developed and implemented by The Gordian Group are so successful is the on-going support we provide to our clients. We frequently receive letters and emails from both clients and contractors regarding the quality of our service. A few of these are provided below: "Once again the Gordian Group and all their support people have risen to the occasion. Through all their efforts in bringing me up to speed with PROGEN 5, the construction management staff here at CSULB has been able to turnaround in record time a very important project in the SSPA facility. Thanks again to Dave Velarde, Kris, Mona, and Neil and the other staff members whom have gone out of their way to bring success to this process. Without Neil this would not have happened, and 1 cannot even begin to tell you what the ramifications would have been if we could not have pulled this off for summer construction. Once again thanks to all at Gordian. You all are the "BOMB"." Patrick Farrell Sr. Planner, Estimator, Scheduler California State University, Long Beach "Dear Mr. Coffey, In this construction business we're in, it seems everyone takes the time to complain about things that aren't quite right, but not many compliment those that are exceptional. 1 would like to take the time to convey my appreciation for the outstanding job that your team has been doing for us here in the Bay Area and Sacramento. 1 have worked with Phil Rubino and Alex McManus for over 5 years now while 1 was employed by two different companies. Their professionalism, courtesy, and willingness to go that "extra yard" to help all involved in these projects are a credit to your firm. We have not worked as long with Mr. Rex DeMartini up in Sacramento, but he certainly has exhibited that same spirit to date. I would also like to compliment Mr. Neil Tuck. This man has been very patient with all of our people in dealing with our various requests and questions, especially while changing over to the JOC 5 system, and does it in a cheerful, courteous manner. Kudos to your team—they have done you proudll" Charles Terrazas Construction Manager Staples Construction "Clint, /just wanted to send you an email to show my appreciation for the tremendous amount of help and assistance that Michael Kahl has provided me over the years. He is virtually always accessible, whether he is driving down the interstate, at an office or somewhere else, and if not immediately available, his voice mail response is prompt. This gentleman is indeed a remarkable asset to your organization and as such, 1 feel that his efforts should clearly and openly be applauded." Michael R. Mace EFSO Project Manager United States Postal Service Confidential and Proprietary w(MIA a City of Lubbock 2.27 GROUP Proposal to Provide JOC Services Project Approach reviews to formulate and perform additional training, develop revised Execution Procedures, and make recommendations for future staffing strategies. • Providing on-site implementation assistance to the City in interpretation of JOC procedures, Construction Task Catalogs, and JOC Contract Documents. The Gordian Group will serve as a mediator and/or facilitator on behalf of the City, as requested, to resolve problems associated with the JOC program. • Providing pro -active implementation assistance to the City in the execution of the JOC program with experienced, on-site Project Managers to periodically work with City staff to develop and execute Job Orders. Software Support and Maintenance In terms of supporting and maintaining system applications for JOC, The Gordian Group is unmatched since our in-house software design and development team that created PROGEN, also supports it. PROGEN is an Internet based information management tool that aides in every aspect of the JOC process. Our team makes sure that that it is properly configured for your JOC program. The Gordian Group has configured, tested and is currently maintaining PROGEN for over 700 locations. Together with your staff, we will fully test the system and certify that it is optimally configured according to your requirements. After your system is up and running effectively we will provide technical support services for the PROGEN software using multiple communication methods to serve the City in a convenient and efficient manner. • On -Site Personnel Many support tasks, including additional training, report writing, and merely answering basic questions, will be handled by our on-site representative. Our representatives have extensive experience in PROGEN and can handle almost every assignment without additional assistance. Our representatives have conducted a substantial number of PROGEN training sessions and have customized some of the most challenging reports for our clients. We believe that working on-site is the best way to accomplish most tasks. • Remote Access Remote access applications such as GoToMeeting, pcAnywhere and NetMeeting allow us to connect to a user's computer to analyze and correct specific problems the user is experiencing. Through a basic dial-up modem or Internet connection, our support representative can work on the user's computer as if they were sitting at the user's desk. GoToMeeting provides the same capability and works with most firewall and security settings. For those times when the on-site representative is not present, this remote access solution provides nearly all the benefits of an on-site visit and has been very successful in delivering real time solutions and support. • Toll Free Support Line Calling our toll free software user support line will connect the user with an information technology specialist who will promptly assist the user concerning their immediate software questions. The support line is staffed by knowledgeable and trained personnel. This rigorous process has been refined over the years to minimize the amount of effort required by the facility owner while maximizing its benefits. Together with our construction database, integrated JOC Internet technology, and expert human resources, we have the tools you need. The Gordian Group will customize a JOC Complete Solution for the City and bring you unmatched control and time and money savings. THE Confidential and Proprietary GAMIAN City of Lubbock 2.29 0.410 Proposal to Provide JOC Services THE GROUP'P! Qualifications of Key Personnel The Gordian Group has assembled a team of more than 100 JOC professionals that have extensive experience in all areas of consulting, planning, engineering, construction, automated management systems, training, operations and maintenance. The vast knowledge and experience of our employees help us to fully understand the problems and complexities that our clients face each and every day. We operate under a team concept that allows for the liberal transfer of personnel, ideas and information, providing our clients with a truly integrated project delivery approach. The Gordian Group proposes the team shown in the organizational chart below to provide JOC consulting services for the City of Lubbock JOC program. KEY TAFF SR. PROJECT MANAGER Documents David Velarde UMENTS MANAGER PROJECT MANAGER Mike West Scott Creekmore Paul Schreyer I CLIENT TRAINING Software Jeffery James Mike Hodges Srini Naria : r Scott Creekmore TECHNICAL SUPPORT :tN L SPECIFICATIONS Mike West Brian Coffey Reymundo Romo STRUCTIONTASI( TNAG CONTRACTOR TRAINING John Melin Mike Shiplet Paul Cowan Tori Smith City of Lubbock Proposal to Provide JOC Services 3.1 GGORDIAN r,TIW° Qualifications of Key Personnel that Mr. Velarde be co -located with City staff in order to more effectively and efficiently coordinate the development and implementation process. Mr. Velarde's primary duties will be to coordinate the information between City staff and The Gordian Group project team. He will be responsible for the development of the Contract Documents and the Execution Procedures. Mr. Velarde will provide guidance to the Information Technology team for the customization of PROGEN and will be responsible for training the City and JOC Contractor staff. Mr. Velarde will also be dedicated to the City during the early implementation phase of the contract and will assist City staff on a daily basis on the use of the JOC program. Mr. Velarde is the Senior Project Manager for our contracts to provide our JOC Complete Solution to the United States Postal Service, New Mexico State University, New Mexico City Educational System, Los Alamos Public Schools and The University of Texas health Science Center at San Antonio. He also assisted in the development and implementation of the JOC programs for the Los Angeles County Internal Services Department, City of Long Beach, and the CSU campuses at Long Beach, San Bernardino and Pomona. Prior to joining The Gordian Group, Mr. Velarde served as a JOC Project Manager for JOC programs at Davis Monthan Air Force Base, AZ and White Sands Missile Range, NM where he was responsible for the on-site performance of the JOC program with full authority to commit resources to ensure successful project completion. Scott Creekmore will serve as the Project Manager and report to Mr. Velarde. Mr. Creekmore's primary responsibilities will be assisting Mr. Velarde with all aspects of developing and implementing the City JOC program. His responsibilities will include training City staff in the proper execution of the program. Training includes classroom as well as on-site training to develop Scopes of Work, prepare Proposals and review Proposals. Mr. Creekmore will perform the on-site follow-on technical support duties described in this proposal. Mr. Creekmore provides similar services for EZIQC, a City JOC program utilized by numerous clients such as Potter County, City of Lubbock, County of Lubbock, City of Leander, and Denton County. Michael A. Shiplet will serve as a Training Specialist and will report directly to Mr. Velarde. Mr. Shiplet's primary responsibilities will be training contractor staff in the proper execution of the JOC program. Training includes classroom as well as on-site training to develop Scopes of Work and prepare Proposals. Mr. Shiplet is the Project Manager for The Gordian Group's contracts to provide JOC consulting services for CES, Las Cruces Public Schools, Gadsden Independent School District and Los Alamos Public Schools. J. Michael West will serve as the Documents Manager and report directly to Mr. Velarde. Mr. West is a certified cost engineer with over 22 years of experience developing construction cost databases. Mr. West will be responsible for managing the preparation of customized City Construction Task Catalogs and Technical Specifications. Prior to joining The Gordian Group, Mr. West was employed by Project Time & Cost in Atlanta where he was responsible for preparing cost estimates and management of the cost estimating group for PT&C's DOD Job Order Contracts worldwide. Mr. West City of Lubbock 3.3 Proposal to Provide JOC Services Qualifications of Key Personnel Srinivasa Narla will serve as a Crystal Reports Writer and report directly to Mr. Velarde. Mr. Narla's primary responsibility will be report design and adapting standard City reports for use in PROGEN. Prior to joining The Gordian Group, Mr. Narla served as a Report Specialist for NuVox Communications in Greenville, SC and as a Crystal Reports Writer for the Ceridian Corporation in Atlanta, GA. Brian T. Coffey will serve as the Network Administrator for The Gordian Group and is responsible for maintaining the servers for our Internet hosted software systems. Mr. Coffey is the key contact for our clients and the JOC contractors with questions related to Internet access. Reymundo Romo will serve as a Technical Support Specialist and report directly to Mr. Velarde. Mr. Romo's primary responsibility will be off-site technical support and computer assistance for the City JOC program. Mr. Romo is skilled in the use of remote access applications for providing our clients with technical support. Using PC Anywhere, Net Meeting or WebEx, Mr. Romo can work on the user's computer as if he were sitting at the user's desk. City of Lubbock Proposal to Provide JOC Services 3.5 T.. Qualifications of Key Personnel Developed programs and budgets and was responsible to the Military Budget Committee of NATO. Other Experience CRSS, Inc., Greenville, SC Prior to starting The Gordian Group, Mr. Mellon served as a Senior Vice President and General Manager for the Federal Services Division at CRSS, Inc. He was responsible for a full service architectural/engineering design division consisting of two regional offices. Mr. Mellon served as the Principal -in -Charge and Project Manager for numerous Federal, State, and City projects ranging in value from $55 Million to $130 Million. Mr. Mellon has a proven track record of managing a complex program consisting of hundreds of simultaneous projects at multiple locations within budget and on schedule. Mr. Mellon's professional experience includes not only the normal design disciplines but experience managing specialty design requirements utilized on specialized building projects (i.e., security design, healthcare design, infrastructure design, DOD specialty design, etc). Professional Associations • Member: Society of American Military Engineers • Member: Western Council of Construction Consumers • Member: Association of Higher Education Facilities Officers (APPA) • Member: The National Association of State Facilities Administrators (NASFA) City of Lubbock Proposal to Provide JOC Services 3.7 Qualifications of Key Personnel division wide, manpower utilization system. Representative government projects include: • Voice of America, United States Information Agency, Project Manager for a five year task order contract with the United States Information Agency. The project involved CAD support, computer translation of drawing files, and scheduling support. • North Carolina Department of Transportation, assisted in the development of Environmental Assessments for new highway work at various locations in the state. Professional Associations • Member: American Society of Landscape Architects • Member: Association of Higher Education Facilities Officers (APPA) • Member: The National Association of State Facilities Administrators (NASFA) Computer Hardware and Software Experience Experienced with PC and Macintosh hardware. Experience in programming databases using industry standards such as D -Base, DBXL, FoxPro, SQL, and Access. Extensive programming experience with Visual Studio, .Net, Foxpro, Visual Foxpro, Visual Basic, HTML and JAVA. Network experience including routers, internet, email, dial -up -networking, virtual private networks, web hosting and security. Complete knowledge of a multitude of office software as well as, communications applications, PROGEN proprietary software, and PC Anywhere. City of Lubbock Proposal to Provide JOC Services 3.9 GORDIAN GOUp° Qualifications of Key Personnel Other Experience Roy Jorgensen Associates, Inc., MD Project Director overseeing 102 Toyota Motor Sales, USA facilities nationwide, totaling 6.5 million square feet and $15 million in maintenance activities and $40 million in construction. Responsibilities included development of a strong customer service relationship with the client and solving related problems. Developed and implemented programs to incorporate all aspects of facilities management, day-to-day operations, negotiate contracts, long range planning, expense and capital budgeting, and construction management. NBD/BankOne, MI Director of Facilities overseeing 602 Branch Banks for NBD, renamed BankOne, across Michigan and Indiana. Responsibilities included the initial startup of the NBD contract in Southeast Michigan and two subsequent increases for Indiana and the remainder of Michigan branches. The startup included the hiring and training of 85 employees. Maintenance included full facilities components, utility management, blank equipment maintenance and project management of the capital budget. NationsBank of Florida Director of Facilities to oversee the startup and day-to-day operations of 475 Branch Banks and remote ATM locations across Florida. Developed and implemented all related programs to incorporate all aspects of facilities management, routine maintenance, preventative maintenance, negotiate contracts, construction management, disaster planning, cost accounting, and quality benchmarking. Developed and adhered to operating and capital budgets. Conducted on-site facility inspections to benchmark overall quality of services performed by Jorgensen and subcontractors. Dieter & James, Inc. TX Project Engineer responsible for the complete overview of the project engineering aspects from estimating to the closeout of projects. Quality control of on-going projects such as: scheduling and its control, submittal review and distribution, direct contact with owners representatives for specific requirements, all inspections, punch lists, as-builts and operations and maintenance manuals. Completed 17 projects totaling $14.6 million. Some examples of these projects include: Hoover Vacuum's 112,000 SF tilt -up plastic stamping plant, Paragon Cable's 40,000 SF tilt -up offices, Two Home Club's exposed aggregate 120,000 SF tilt -up buildings and International Paper's 140,000 SF tilt -up building. Professional Associations International Facility Management Association - Associate Member City of Lubbock Proposal to Provide JOC Services 3.11 w Qualifications of Key Personnel Michael A. Shiplet JOC Training Specialist 7 years of employment with The Gordian Group Mike Shiplet is responsible for: • Assisting with implementation of the JOC program • Training contractor staff Education • Undergraduate studies in Business Administration, University of Phoenix • Sandia High School, Albuquerque, NM, 1981 Licensures • GB -98, General Contracting License, State of New Mexico Relevant JOC Experience The Gordian Group As a JOC Training Specialist, Mr. Shiplet is responsible for the implementation and continued support of the Job Order Contracting programs for the following: • Cooperative Educational Services, NM • University of New Mexico • New Mexico State University • Los Alamos Public Schools • City of Las Cruces Flinchum Construction, Inc., Albuquerque, NM Project Manager responsible for managing a five-year SABER contract at Kirtland AFB in New Mexico. SABER is the name of the Job Order Contracting system utilized by the United States Air Force. Other Experience Malloy Construction, Inc., Albuquerque, NM Project Manager, Estimator and Quality Control In charge • of estimating department, management of several contracts with various government agencies and responsible for the implementation of the corporate Quality Control Program City of Lubbock Proposal to Provide JOC Services 3.13 C,Ttw, Qualifications of Key Personnel Other Experience Responsible for preparation of cost estimates and management of the cost estimating group at Project Time & Cost for all types of cost engineering projects. The following are representative project types: • Airports— Renovations to Intercontinental Airport, Houston TX • Barracks — Enlisted Barracks with Administrative Support Facility, Redstone Arsenal, AL • Chemical Process/Chemical Treatment — Pine Bluff Chemical Demilitarization Facility, Pine Bluff, AR • Convention Center — Gwinnett County Civic Center, Gwinnett County, GA • Correctional — 500 Cell Addition to George R. Vierno Prison Center, Rikers Island, NY • Courthouse — New U.S. Courthouse, Montgomery, AL • Educational — SATCOM Applied Instruction Facility, Ft. Gordon, GA • Entertainment — Entertainment Sports Arena, Raleigh, NC • Healthcare/Medical — Medical Clinic Replacement, Edwards AFB, CA • Hotels — Amicalola Falls Lodge and Conference Center, Dawson County, GA • Housing —Whole Neighborhood Revitalization, Ft. Rucker, AL • Laboratory — EPA Clinical Research Facility, Chapel Hill, NC • Library — New U.S. Military Academy Library and Learning Center, West Point, NY • Retail — Lenox Square Expansion, Atlanta, GA • Stadiums/Sports Arenas — The Olympic Tennis Venue and Aquatic Center, Atlanta, GA Database and Estimating Software Experience • CACES, MCACES, M-CACES Composer Gold, MC2, Navy's CES, CEG, Success, and Timberline Professional Associations • Member: Project Management Institute • Member: Association for the Advancement of Cost Engineers International City of Lubbock Proposal to Provide JOC Services 3.15 Qualifications of Key Personnel HBW Group, Inc., Rockville, MD Manager of Construction Division, planned, organized and supervised the interior development of commercial office spaces. Olympic Construction Co., Inc., Arlington, VA Assistant Site Engineer involved in all phases of concrete foundation work for concrete, steel and wood buildings. Managed work crews, assisted in project layout. M.E. Thadden Co., Inc., Rockville, MD Residential Carpenter involved in all phases of residential construction from foundations to trim work. Professional Associations • Associate Member: American Institute of Constructors • Affiliate Member: American Society of Civil Engineers • Member: New York County Lawyers Association Publications • "Can Party in Dispute be the Arbitrator Too?" New Jersey Lawyer, (April 1994) (co- author) • "Dispute Review Departments: Effective Solutions" Consulting -Specifying Engineer (August 1994) (co-author) • "Instituting A Standard Procurement Policy" New York Real Estate Journal (November 24, 1994) (co-author) • "Establishing Standard Procurement Procedures" The New York Cooperator (November, 1994) (co-author) • "Avoiding and Resolving Changed Conditions Disputes" New York Real Estate Journal (June 22, 1995) • "Re -think your Construction Procurement Policies" New York State Facilities Journal (June, 1995) • "Controlling Changed Conditions Contractor Claims" New York State Facilities Journal (August, 1995) • "Job Order Contracting, An Innovative Process" New York Construction News (September 25, 1995) (co-author) • "Job Order Contracting Program" New York State Facilities Journal (September, 1995) (co-author) • "Job Order Contracting, Cut Costs, Improve Bidding Effectiveness" Engineer (October, 1995) (co-author) • Chapter: "Public Contracting Law in NY" "Fifty State Public Construction Contracting" John Wiley & Sons, 1995 • "Overview of Job Order Contracting" PEC Construction Reporter (February, 1996) City of Lubbock 3.17 Proposal to Provide JOC Services Qualifications of Key Personnel Paul T. Cowan Cost Estimator 3 years of employment with The Gordian Group Paul Cowan is responsible for: • Conducting surveys for local labor, material, and equipment costs for use in pricing tasks for the Construction Task Catalog • Researching construction standards and new products Education • BS Management, Georgia Institute of Technology, Atlanta, GA Relevant JOC Experience The Gordian Group As a Cost Estimator, Mr. Cowan is responsible for gathering and processing data for preparing client specific customized Construction Task Catalogs. Mr. Cowan is also responsible for research on construction standards and new products. Other Experience Fastenal Company, Warner Robins, Georgia General Manager responsible for sales, marketing, customer service, accounting, recruiting, personnel development, and forecasting within a branch of the fastest growing industrial company in the United States. MJIP" City of Lubbock 3.19 Proposal to Provide JOC Services 0 M C,MIJIJtpr. Qualifications of Key Personnel Jeffery O. James Information Technology Specialist 8 years of employment with The Gordian Group Jeffery James is responsible for: • PROGEN software development and customization • PROGEN software adaptation to systems and needs of the client • Software training of client and contractor staff Education • B.S., Computer Science, South Carolina State University, Orangeburg, SC • M.B.A., Webster University, Greenville, SC Relevant JOC Experience Software Development Designs and develops new versions of JOC management software program, PROGEN. Provides PROGEN software configuration to meet the specific needs of clients. Designed and developed eGordian, the subcontractor management website provided to our clients. Assisted in the development of The Gordian Group's information and support Internet site. Software Implementation and Support Works with facility owners and contractors during the installation and implementation of the JOC management software program, PROGEN. Provides both on-site and off-site technical support for PROGEN to clients and contractors. Software Training Responsible for training client and contractor staff in the use of the JOC management software program, PROGEN. Training includes on-site classroom and practical exercise training. Provides client training in the use of eGordian, The Gordian Group's subcontractor management website. Awards • 1995-1999 National Science Foundation Scholar Computer Hardware and Software Experience Experienced with PC and Macintosh hardware. Extensive programming experience with Visual Basic, HTML, JAVA and C++. Network experience including routers, Internet email, dial -up -networking, virtual private networks, web hosting and security. Complete knowledge of a multitude of office software as well as, communications applications. City of Lubbock Proposal to Provide JOC Services 3.21 �tAN Qualifications of Key Personnel Srinivasa Narla Crystal Reports Writer 4 years of employment with The Gordian Group Srini Narla is responsible for: • Design and development of PROGEN reports • Modifications to existing PROGEN reports • Staffing The Gordian Group's 800 telephone support line Education • B.S. in Engineering, Nagaduna University, India • Post graduate Diploma in Computer Applications, SWAL Computer Institute, India Relevant JOC Experience The Gordian Group, Inc. Prepares and modifies Crystal Reports for PROGEN. Works with facility owners and contractors to convert their standard reports and forms to work in PROGEN. Provides toll-free support for PROGEN users. Other Experience NuVox Communications, Greenville, SC Report Specialist responsible for designing new reports and modifying existing reports for a system conversion. Primary tasks included identifying report requirements, analyzing existing report design specifications, determining the relationship between the old and new system and writing code to automate repetitive tasks. Ceridian Corporation, Atlanta, GA Crystal Reports Developer for designing new reports and modifying existing reports. Primary duties included providing support and report documentation to Ceridian customers. Computer Hardware and Software Experience Experienced with PC hardware. Proficient with a multitude of office software as well as, Crystal Reports, Foxpro database, communications applications, and PROGEN proprietary software. City of Lubbock Proposal to Provide JOC Services 3.23 C1001101% Qualifications of Key Personnel Reymundo Romo Technical Support Specialist 7 years of employment with The Gordian Group Reymundo Romo is responsible for: • PROGEN software technical support and computer assistance • Staffing The Gordian Group's 800 telephone support line • PROGEN Online updates and customizations • eGordian website development and customization Education • B.S., Business, Pensacola Christian College, FL Relevant JOC Experience Software Implementation and Support Works with facility owners and contractors during the implementation of the JOC management software program, PROGEN. Provides off-site technical support for PROGEN for both clients and contractors. Software Development Provides PROGEN software customization to meet the specific needs of clients. Assisted in the development of The Gordian Group's information and support Internet site. Assisted in the development of eGordian website designed to increase subcontractor participation in JOC. Quality Assurance Technician As a Quality Assurance Technician, Mr. Romo was responsible for quality control and publishing of The Gordian Group's Construction Task Catalogs and Technical Specifications in both electronic and hardcopy form. Other Experience Yosemite National Park Administrative Support Clerk responsible for contacting manufacturers and vendors by telephone for availability and prices of supplies, input weekly food orders, and filing warehouse requests. Computer Hardware and Software Experience Experience with PC and Macintosh hardware. Extensive programming experience with Visual Basic, HTML, JAVA and C++. Network experience including routers, Internet email, dial-up networking, virtual private networks, web hosting and security. Complete knowledge of a multitude of office software as well as, communications applications. City of Lubbock Proposal to Provide JOC Services 3.25 References Scope of Services Provided The project Scope of Services for all of the references that follow is unique from any other firm in the industry but relatively standard among our clients. In our approach, The Gordian Group addresses all organizational aspects involved in designing and implementing an effective JOC program for our clients. We call our program the JOC Complete Solution. It provides all of the products and services necessary for a successful JOC program. These products and services include providing our proprietary PROGEN information management and proposal preparation software, developing customized location specific Construction Task Catalogs, preparing customized Technical Specifications, developing the Contract Terms, General Conditions and Bid Documents used to procure JOC construction contractors, developing Execution Procedures that will be used to administer the JOC program, providing marketing support and procurement assistance, and providing client and contractor staff with implementation assistance, training and technical support for the term of the contract. We have included the client references that are most relevant to this proposal on the following pages. z �fi$1A9� Confidential and Proprietary GAUP City of Lubbock 4.2 Proposal to Provide JOC Services References contract is for $5 Million for the base year with an option for 3 addition one-year terms. Department of Aviation — We implemented our JOC System and assisted in the procurement of two JOC construction contractors for the Department of Aviation in July 1993. The JOC System is still being utilized. The DOA JOC construction contracts are used to support requirements at O'Hare International Airport and Midway Airport. Currently, the DOA has one JOC contract valued at $6 Million per year. The O'Hare Modernization Program Department plans to implement a JOC in the near future to supplement major construction projects for a $12 Billion expansion program. Department of Streets and Sanitation — We implemented our JOC System and assisted in the procurement of two JOC construction contractors for the Department of Streets and Sanitation in June 1995. After four years of construction the backlog of work was reduced to manageable levels by the in-house crews. In 2000, the DSS Bureau of Electricity adopted JOC with a goal of accomplishing over $5 million in construction projects per year. This contract continues today, and is the sole procurement utilized for accomplishing the Mayor's Neighborhood Lighting Improvement Program. Department of Water — We implemented our JOC System and assisted in the procurement of one JOC construction contractor for the Department of Water in December 1998. DOA is still using the system for routine construction and maintenance services. Currently, DOA has two JOC contracts with a capacity of $5 million per year. One contract is for site work type construction and the other is for mechanical and electrical work. Since 9-11, JOC has been used to accomplish more than $5 million of security work to ensure the safety of the City of Chicago water supply. Department of Human Services — We implemented our JOC System and assisted in the procurement of two JOC construction contractors for the Department of Human Services in October 1998. Both contracts were restricted to City certified minority or women owned firms. The contracts, valued at $2,000,000 each, were put in place to perform major repairs to 22 homeless shelters. The work was accomplished in record breaking time — less than 18 months. Office of Emergency Management and Communications — This Office of Emergency Management and Communications implemented a JOC program in 2002 to fulfill a critical need. The OMEC's goal was to ensure that communication repairs were made in a timely manner. JOC is being used to construct communication connections to all new fire and police stations. The program has averaged $350,000 per year with two contractors. lME ORSiA9�d Confidential and Proprietary mupt City of Lubbock 4.4 Proposal to Provide JOC Services The Gordian Group References was awarded a contract City of Miami Services Provided: Implementation and Support of a Job Order Contracting Significant Accomplishments Program Construction Value: $138,900,000 of construction completed to date JOC System Status: Fully operational Period of Service: August 2004 — On Going Reference: Mr. Ola O. Aluko Vertical Construction Programs with a planned Director JOC program of 216 Million (305) 416-1280 The Gordian Group was awarded a contract for the City of Miami Beach in July 2002. Significant Accomplishments The City of Miami piggy backed our contract in JOC will be used to expedite the procurement of August 2004 to the City's Capital Improvements Bonds money for implement and support the construction of the City's Horizontal and Vertical Construction Programs with a planned a Job Order JOC program of 216 Million Contracting (JOC) program for the City of JOC is the primary contracting tool for both Miami. Horizontal and Vertical construction. The focus of the City of In the first 7 months of the program 12 million Miami's Job Order dollars was issued using the JOC Program Contracting program is the accomplishment of the larger vertical and horizontal projects. The average project size has been approximately $800,000. The first phase of the City of Miami's Job Order Contract program consisted of 6 Job Order Contracts, each with a maximum annual capability of $27 million, in support of the Capital Improvements Department. To date, the City of Miami has awarded 6 JOC contracts with an annual capacity ranging from $2 Million to $5 million. The City is currently advertising for 16 Contractors with 64 million dollars of annual Job Order Contracting capacity. TR Confidential and Proprietary CM QhtAN City of Lubbock 4.6 Proposal to Provide JOC Services References COY GFP,y , D� P New York City Department of Environmental Protection Services Provided: Implementation and Support of a Job Order Contracting Program Construction Value: $148,000,000 of construction completed to date JOC System Status: Fully operational Period of Service: October 1999 — On Going Reference: Mr. Anthony Maracic, P.E., Chief, Division of Engineering (718) 595-5045 The Gordian Group was awarded a contract late in 1999 to implement and support a Job Order Contracting (JOC) program for the New York City Department of Environmental Protection (DEP). The initial focus of the program was to perform replace -in-kind construction projects at DEP's 14 waste water treatments plants for the Bureau of Wastewater Treatment. The program has been expanded to support the Bureau of Water Supply, Bureau of Water and Sewer Operations, and Bureau of Facilities. There are 12 contractors in the DEP JOC program completing approximately $25 Million in construction annually. ME Confidential and Proprietary up"Pt City of Lubbock 4.8 Proposal to Provide JOC Services References ZPPtSt V 9 City of Tampa Services Provided: Implementation and Support of a Job Order Contracting Program Construction Value: $1,600,000 of construction completed to date JOC System Status: Under Development Period of Service: April 2006 — On Going Reference: Mr. Gregory Spearman, CPPD, Director of Purchasing (813) 274-8353 The Gordian Group was awarded a contract in April 2006 to implement and support a Job Order Contracting (JOC) program for the City of Tampa. The focus of the JOC program is to assist the City in servicing their client's repair, renovation, site civil construction needs. JOC is currently being used in 10 city departments including, Parks and Recreation, Convention Center, Water, Storm Water, Water Treatment, Fire Rescue, Transportation, Contract Administration and the Port. The City's JOC program has placed over $1 Million in construction and refurbishment. The largest single project accomplished was a $263,999 for repair and installation of electrical lights in the planters at the Convention Center. WE Confidential and Proprietary CMMr AH City of Lubbock 4.10 Proposal to Provide JOC Services References New York FSO — The JOC program consists of 21 Job Order Contracts with a 5 year capacity of $200 million. The average Job Order value is about $31,648. To date, the New York FSO has awarded $64 million in Job Orders. Eastern FSO — The JOC program consists of 49 Job Order Contracts with a 5 year capacity of $466 million. The average Job Order value is about $16,542. To date, the Eastern FSO has awarded $207 million in Job Orders. Southeast FSO — The JOC program consists of 31 Job Order Contracts with a 5 year capacity of $295 million. The average Job Order value is about $33,419. To date, the Southeast FSO has awarded $85 million in Job Orders. Great Lakes FSO — The JOC program consists of 35 Job Order Contracts with a 5 year capacity of $333 million. The average Job Order value is about $31,344. To date, the Great Lakes FSO has awarded $78 million in Job Orders. Southwest FSO — the JOC program consists of 27 Job Order Contracts with a 5 year capacity of $257 million. The average Job Order value is about $44,836. To date, the Southwest FSO has awarded $86 million in Job Orders. Pacific FSO — The JOC program consists of 27 Job Order Contracts with a 5 year capacity of $257 million. The average Job Order value is about $71,412. To date, the Pacific FSO has awarded $102 million in Job Orders. Western FSO — The JOC program consists of 44 Job Order Contracts with a 5 year capacity of $418 million. The average Job Order value is about $33,419. To date, the Western FSO has awarded $188 million in Job Orders. me Confidential and Proprietary C'Mupo City of Lubbock 4.12 Proposal to Provide JOC Services License Fee submitted on the basis that the City agrees to incorporate into the contract with The Gordian Group the following JOC System License: The Gordian Group hereby grants to the City and the City hereby accepts from The Gordian Group for the term of this Agreement, a non-exclusive right, privilege, subscription and license to use The Gordian Group's Job Order Contracting System and other related proprietary materials (collectively referred to as "Proprietary Information") for the sole purpose of operating a Job Order Contracting program for the City of Lubbock. The parties hereby agree that Proprietary Information shall include, but is not limited to, The Gordian Group's PROGEN software and support documentation, Construction Task Catalogs® (also commonly referred to as unit price books), training materials and other proprietary materials provided by The Gordian Group. Upon the expiration or termination of this Agreement as provided herein, the City shall return to The Gordian Group all Proprietary Information in the City's possession. The City acknowledges that disclosure of Proprietary Information will result in irreparable harm to The Gordian Group for which monetary damages would be an inadequate remedy and agrees that no such disclosure shall be made to anyone without first receiving the written consent of The Gordian Group. The City further acknowledges and agrees to respect the copyrights, registrations, trade secrets and other proprietary rights of The Gordian Group in the Proprietary Information during and after the term of this Agreement and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to the City, subject to federal and state laws related to public records disclosure. Upon the expiration or termination of this Agreement as provided herein, The Gordian Group shall provide all project data generated by the City in a form accessible by a standard database program, such as Microsoft® Access®. In the event of a conflict in terms and conditions between this JOC System License and any other terms and conditions of this Agreement or any other purchasing document issued by the City, this JOC System License shall take precedence. City of Lubbock Proposal to Provide JOC Services 5.2 Resolution No. 2010-RO157 EXHIBIT B Resolution No. 2010-RO157 INSURANCE REQUIREMENTS 1. General Insurance Requirements. The Gordian Group shall purchase and maintain in effect during the entire period of the contract, including any maintenance period thereof, insurance of the types and with minimum limits of liability as stated below. All costs associated with the insurance coverages are the sole responsibility of The Gordian Group. The Gordian Group shall adhere to the following requirements: 1.1. Additional Insured. The Commercial General Liability and Commercial Automobile Liability policies shall be endorsed to name the City of Lubbock and its employees as primary additional insured. 1.2. Waiver of Subrogation. The Commercial General Liability Commercial Automobile Liability and Workers' Compensation and Employer's Liability, shall be endorsed to provide a waiver of subrogation in favor of the City of Lubbock, its officers, trustees, and employees. 1.3. Coverage Primary. Such insurance as is provided therein shall be primary and non- contributing with any other valid and collectible insurance available to the City of Lubbock. The limits of liability required above may be provided by a single policy of insurance or by a combination of primary, excess or umbrella policies. But in no event shall the total limits of liability available for any one occurrence or accident be less than the amounts required below. 1.4. No Commencement Without Coverage. The Gordian Group shall not commence work under the contract until it has obtained all required insurance and until such insurance has been approved by the City of Lubbock. The Gordian Group shall not allow any subcontractor to commence work until all similar required insurance has been obtained and approved. Approval of the insurance by the City of Lubbock shall not relieve or decrease the liability of the contractor hereunder. 1.5. No Lapse or Cancellation. The Gordian Group shall not cause any insurance to be canceled nor permit any insurance to lapse. All insurance policies shall include a clause to the effect that the policy shall not be canceled, reduced, restricted, or limited until thirty (30) days after the City of Lubbock has received written notice as evidenced by return receipt of registered or certified letter. In the event of cancellation or lapse of insurance, The Gordian Group shall notify the City of Lubbock immediately and unless otherwise directed by the City of Lubbock, shall cease work until evidence of acceptable insurance coverage is supplied to the City of Lubbock. 1.6. Breach. Failure to maintain insurance coverage as required herein shall constitute a material breach and default. 1.7. Self Insurance. The Gordian Group's insurance requirements as outlined herein, may be self insured as long as The Gordian Group is in compliance with the State of Texas requirements for self insurance and subject to approval and review or audit by the City of Lubbock to verify The Gordian Group's financial stability. Audited Financial Statements as well as self insured certificates shall be approved by the City of Lubbock prior to acceptance of self insurance and prior to commencement of work. The Gordian Group's liability is not limited by the amount of insurance carried nor by its self insurance. 2. Specific Insurance Requirements 2.1. Workers' Compensation Insurance. Coverage is required for workers' compensation providing Statutory Benefits in accordance with the Workers' Compensation Act of the State of Texas and/or any other state or Federal law as may be applicable to the work being performed under the contract. 2.2. Other Insurance Requirements A. For damage arising out of bodily injury to or death of one person in any one accident -$50,000. B. For damage arising out of bodily injury to or death of two (2) or more persons in any one accident - $100,000. C. For injury to or destruction of property in any one accident - $50,000. These are minimum requirements; Offerors may opt to carry additional coverage at no cost to the City of Lubbock.