1. business and industrial
2. construction

AGREEMENT
between
BROWARD COUNTY
and
_______________________________
for
MANAGING GENERAL CONTRACTOR
PRECONSTRUCTION SERVICES FOR
____________________________________
IN BROWARD COUNTY, FLORIDA
RLI #________________________________
INDEX
PAGE
ARTICLE 1- DEFINTIONS AND IDENTIFICATIONS ...................................................... 2
ARTICLE 2 – SCOPE OF SERVICE………………………………………………………….3
ARTICLE 3 – TERM AND TIME OF PERFORMANCE .................................................. 4
ARTICLE 4 - COMPENSATION .................................................................................... 4
ARTICLE 5 - OPTIONAL AND ADDITONAL SERVICES AND CHANGES IN SCOPE
OF SERVICES ................................................................................................................ 7
ARTICLE 6- INDEMNIFICATION .................................................................................... 9
ARTICLE 7- INSURANCE ............................................................................................. 10
ARTICLE 8- TERMINATION ......................................................................................... 11
ARTICLE 9- EEO AND CBE COMPLIANCE ................................................................. 13
ARTICLE 10- MISCELLANEOUS ................................................................................. 16
EXHIBIT "A" SCOPE OF SERVICES
Attachment 1: Preliminary Project Schedule
Attachment 2: Electronic Media Submittal Requirements
Attachment 3: Preliminary Project Budget
Attachment 4: Preliminary Scheduling Procedure
Attachment 5: Value Engineering Procedure
EXHIBIT "B" PREVAILING WAGE RATES
Attachment 1: Prevailing Wage Determination
EXHIBIT "C" PREVAILING WAGE RATES - STATEMENT OF COMPLIANCE
EXHIBIT "D" SCHEDULE OF CBE PARTICIPATION
EXHIBIT "E" WORK AUTHORIZATION FORM (Contract Administrator Approval Level)
EXHIBIT "F-1" WORK AUTHORIZATION FORM (Purchasing Director Approval Level)
EXHIBIT "F-2" WORK AUTHORIZATION FORM (Board Approval Level)
EXHIBIT "G" CBE Performance Report Form
Preconstruction Services Agreement
AGREEMENT
between
BROWARD COUNTY
and
___________________________
for
MANAGING GENERAL CONTRACTOR
PRECONSTRUCTION SERVICES FOR
IN BROWARD COUNTY, FLORIDA
RLI #______________________
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY,"
AND
__________________ a for-profit Florida corporation, as Managing General
Contractor for the _____________________), hereinafter referred to as "CONTRACTOR."
WHEREAS, the Board of County Commissioners, Broward County, Florida, through
its Selection Committee, has selected the CONTRACTOR to act as the Managing General
Contractor for the ________________________________; and
WHEREAS, the COUNTY has decided to negotiate the Managing General
Contractor’s services for the __________________ in two separate agreements with the
first agreement consisting of preconstruction services and the second agreement consisting
of construction services; and
WHEREAS, COUNTY and CONTRACTOR wishes to enter into this Agreement to
provide preconstruction services for the _______________________; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
Preconstruction Services Agreement
ARTICLE 1 – DEFINITIONS AND IDENTIFICATIONS
1.1
Agreement - means this document, Articles 1 through 10, inclusive. Other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2
Board - The Board of County Commissioners of Broward County, Florida, which is
the governing body of the Broward County government created by the Broward
County Charter.
1.3
Contractor: means ___________ which is the person(s), firm(s), corporation(s) or
other entit(ies) entering into this Agreement with the COUNTY to perform preconstruction services for the work associated with the Project.
1.4
County - The Broward County Board of County Commissioners.
1.5
Contract Administrator - The Director of the Broward County Construction
Management Division, or designee of such Director. The primary responsibilities of
the Contract Administrator are to coordinate and communicate with CONTRACTOR
and to manage and supervise execution and completion of the Scope of Services
and the terms and conditions of this Agreement as set forth herein. In the
administration of this Agreement, as contrasted with matters of policy, all parties
may rely on the instructions or determinations made by the Contract Administrator;
provided, however, that such instructions and determinations do not change the
Scope of Services, and provided further that changes by the Contract Administrator
which are expressly authorized by the Procurement Code (Chapter 21 of the
Broward County Administrative Code) may be relied upon by the parties.
1.6
County Administrator - The administrative head of COUNTY pursuant to Sections
3.02 and 3.03 of the Broward County Charter.
1.7
County Attorney - The chief legal counsel for COUNTY who directs and supervises
the Office of the County Attorney pursuant to Section 4.03 of the Broward County
Charter.
1.8
County Business Enterprise or "CBE" - is a small business located in Broward
County, Florida, which meets the criteria and eligibility requirements of Broward
County’s CBE Program and must be certified by Broward County’s Small Business
Development Division.
1.9
Notice To Proceed - A written notice to proceed with the Project issued by the
Contract Administrator.
1.10
Project - The Project consists of the services described in Article 2.
1.11
Project Manager - A designee of the Contract Administrator having day-to-day
administrative and managerial responsibility for the Project.
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ARTICLE 2 – SCOPE OF SERVICES
2.1
CONTRACTOR's services shall consist of the phases set forth in Exhibit "A,"
attached hereto and made a part hereof, and shall include estimating, scheduling,
constructability analysis, value engineering, subcontractor pre-qualification, bidding
services and other preconstruction services, as applicable for the Project.
CONTRACTOR shall provide all services as set forth in Exhibit "A" including all
necessary, incidental, and related activities and services required by the Scope of
Services and contemplated in CONTRACTOR's level of effort.
2.2
CONTRACTOR and COUNTY acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by
CONTRACTOR to complete the Project. If, during the course of the performance of
the services included in this Agreement, CONTRACTOR determines that work
should be performed to complete the Project which is in the CONTRACTOR's
opinion outside the level of effort originally anticipated, whether or not the Scope of
Services identifies the work items, CONTRACTOR shall notify Contract
Administrator in writing in a timely manner before proceeding with the work. If
CONTRACTOR proceeds with said work without notifying the Contract
Administrator, said work shall be deemed to be within the original level of effort,
whether or not specifically addressed in the Scope of Services. Notice to Contract
Administrator does not constitute authorization or approval by COUNTY to perform
the work. Performance of work by CONTRACTOR outside the originally anticipated
level of effort without prior written COUNTY approval is at CONTRACTOR's sole
risk.
2.3
COUNTY and CONTRACTOR acknowledge that Exhibit "A" is for the first portion of
services related to the Project and that additional negotiations will be required for
subsequent phases, principal on-site construction operations, or for additional
services except as otherwise provided herein. The COUNTY and CONTRACTOR
may negotiate additional scopes of services, compensation, time of performance,
and other related matters for future phases of Project. If COUNTY and
CONTRACTOR cannot contractually agree, COUNTY shall have the right to
immediately terminate negotiations at no cost to COUNTY and procure services for
future Project phases from another source.
ARTICLE 3 – TERM AND TIME OF PERFORMANCE
3.1
The term of this Agreement shall begin on the date it is fully executed by both
parties and shall run for a period of one (1) year from that date. At the Contract
Administrator’s option, the term of the Agreement may be extended for two (2)
additional one (1) year terms beyond the original one (1) year period. Any additional
cost for Contract Administrator’s optional extensions may be negotiated between the
CONTRACTOR and COUNTY if needed and justified at the discretion of the
Contract Administrator. Additional extensions of the term beyond the Contract
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Administrator’s optional extensions may be made by action of COUNTY. The
continuation of this Agreement beyond the end of any fiscal year shall be subject to
the availability of funds from COUNTY in accordance with Chapter 129, Florida
Statutes.
3.2
Time shall be deemed to be of the essence in performing the duties, obligations,
and responsibilities required by this Agreement.
ARTICLE 4 - COMPENSATION
4.1
COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the
total amount of ______________________($_________) for work actually
performed and completed pursuant to this Agreement, up to ____________
($______) for Optional Services, and ___________ ($______) for all Reimbursables
agreed to in Section 4.2, which amounts shall be accepted by CONTRACTOR as
full compensation for all such work and expenses. It is acknowledged and agreed
by CONTRACTOR that these amounts are the maximum payable and constitute a
limitation upon COUNTY's obligation to compensate CONTRACTOR for its services
and expenses related to this Agreement. These maximum amounts, however, do
not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform
all items of work required by or which can be reasonably inferred from the Scope of
Services.
4.2
REIMBURSABLES
4.2.1 In accordance with and pursuant to the Broward County Procurement Code,
direct non-salary expenses, entitled Reimbursables, directly attributable to
the Project may be charged at no more than the actual cost. The maximum
sum which may be charged for such reimbursable expenses shall not exceed
that figure listed in Article 4.1 for Reimbursable Services, and shall be limited
to the following:
a) Identifiable transportation expenses in connection with the Project,
subject to the limitations of Section 112.061, Florida Statutes.
Transportation expenses to locations outside the Dade-Broward-Palm
Beach County area or from locations outside the Dade-Broward-Palm
Beach County area will not be reimbursed unless specifically preauthorized in writing by the Contract Administrator.
b) Identifiable per diem, meals and lodgings, taxi fares, and miscellaneous
travel-connected expenses for CONTRACTOR's personnel subject to the
limitations of Section 112.061 Florida Statutes. Meals for class C travel
inside Broward County will not be reimbursed. Meals and lodging
expenses will not be reimbursed for temporarily relocating
CONTRACTOR's employees from one of CONTRACTOR's offices to
another office if the employee is relocated for more than ten (10)
consecutive working days. Lodging will be reimbursed only for room
rates equivalent to Holiday Inn, Howard Johnson or Ramada Inn.
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c) Identifiable communication expenses approved by Contract Administrator,
long distance telephone, courier and express mail between the
CONTRACTOR and the Contract Administrator’s various permanent
offices. The CONTRACTOR's field office at the Project site is not
considered a permanent office. Reimbursable long distance telephone
charges do not include calls placed to the normal subcontractors, material
product representatives (including
vendors, distributors or
manufacturers), consultants, cost estimators, and/or the County’s or
CONTRACTOR’s architectural, civil, structural, mechanical, electrical,
landscape architectural and/or interiors consultant’s living outside the
CONTRACTOR’s local calling area or to the Contract Administrator or its
staff from outside the Contract Administrator’s local calling area.
d) Cost of printing, reproduction or photography which is required by or of
CONTRACTOR to deliver services set forth in this Agreement except for
those printing, reproduction or photography services conducted as part of
preparing deliverables required for Basic Services or as part of an
assigned Optional Service under this Agreement’s Exhibit "A" Scope of
Work. Contractor’s printing of drawings, specifications and other related
design documentation generated by the Consultant or Owner may be
authorized by the Contract Administrator as an Optional Service or
Reimbursable. Contract Administrator’s authorization will be in writing
prior to the provision of any printing services as an Optional Service or
Reimbursable.
e) Other services identified as reimbursable items under this Agreement’s
Exhibit "A" Scope of Work with written prior authorization by the Contract
Administrator.
f) All permit fees paid to regulatory agencies for approvals directly
attributable to the Project. These permit fees do not include those
permits required for the construction contractor.
4.2.2 Reimbursable subcontractor expenses are limited to the items described
above when the subcontractor agreement provides for reimbursable
expenses.
4.2.3 It is acknowledged and agreed to by CONTRACTOR that the dollar limitation
set forth in Section 4.2.1 is a limitation upon, and describes the maximum
extent of, COUNTY's obligation to reimburse CONTRACTOR for direct,
nonsalary expenses, but does not constitute a limitation, of any sort, upon
CONTRACTOR's obligation to incur such expenses in the performance of
services hereunder. If COUNTY or Contract Administrator requests
CONTRACTOR to incur expenses not contemplated in the amount for
Reimbursables, CONTRACTOR shall notify Contract Administrator in writing
before incurring such expenses. Any such expenses shall be reviewed and
approved by Contract Administrator prior to incurring such expenses.
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4.2.4 A detailed statement of expenses must accompany any request for
reimbursement. Expenses other than auto travel must be documented by
copies of paid receipts, checks or other evidence of payment.
4.3
METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit invoices for compensation no more often than
on a monthly basis, but only after the services for which the invoices are
submitted have been completed. When any work involved CDBE
subcontractors, invoices for compensation for work completed by such
subcontractors during the Project at monthly intervals and shall pay its
subcontractors within thirty (30) days following receipt of payment from
COUNTY for such subcontracting work. An original invoice plus one copy
are due within fifteen (15) days of the end of the month except the final
invoice which must be received no later than sixty (60) days after this
Agreement expires. For reimbursable expenses, CONTRACTOR may
submit invoices no more often than bi-weekly. Invoices shall designate the
nature of the services performed and/or the expenses incurred.
4.3.2 Billings shall also indicate the cumulative amount of CBE participation to date
by completing Exhibit "G," CBE Performance Report. The statement shall
show a summary of fees with accrual of the total and credits for portions paid
previously. When requested, CONSULTANT shall provide backup for past
and current invoices that record hours, salary costs, and expense costs on a
task basis, so that total hours and costs by task may be determined.
4.3.3 COUNTY shall pay CONTRACTOR within twenty-five (25) calendar days of
receipt of CONTRACTOR's proper statement, as required by the" Broward
County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49,
as may be amended from time to time). To be deemed proper, all invoices
must comply with the requirements set forth in this Agreement and must be
submitted on the form and pursuant to instructions prescribed by Contract
Administrator. Payment may be withheld for failure of CONTRACTOR to
comply with a term, condition, or requirement of this Agreement.
4.4
Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself from
loss on account of inadequate or defective work which has not been remedied or
from loss due to fraud or reasonable evidence indicating fraud by CONTRACTOR.
When the above reasons for withholding payment are removed or resolved in a
manner satisfactory to Contract Administrator, payment may be made. The amount
withheld shall not be subject to payment of interest by COUNTY.
4.5
Payment shall be made to CONTRACTOR at:
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ARTICLE 5 – OPTIONAL AND ADDITIONAL SERVICES AND CHANGES IN SCOPE
OF SERVICES
5.1
COUNTY or CONTRACTOR may request changes that would increase, decrease,
or otherwise modify the Scope of Services to be provided under this Agreement.
Such changes must be made in accordance with the provisions of the Broward
County Procurement Code and must be contained in a written amendment,
executed by the parties hereto, with the same formality and of equal dignity
herewith, prior to any deviation from the terms of this Agreement including the
initiation of any Additional Services.
5.2
Costs of Additional Services identified by the Contract Administrator during the life of
this agreement and as contained in a written amendment will be compensated on an
hourly basis, or an agreed upon lump sum, or as a reimbursable as provided in
Article 4. Additional Services authorized by the Contract Administrator shall include
a required completion for CONTRACTOR’s performance of those additional
services.
5.3
CONTRACTOR may, at Contract Administrator’s discretion, be authorized to
perform Optional Services as delineated in Exhibit "A," Scope of Services, up to the
maximum fee amount established for Optional Services under Article 4. Any
Optional Services to be performed by CONTRACTOR pursuant to the terms of this
Agreement shall first be authorized by the Contract Administrator in writing by a
"Work Authorization," in accordance with this article.
5.3.1 Before any Optional Service is commenced pursuant to a Work
Authorization, CONTRACTOR shall supply the Contract Administrator with a
written estimate for all charges expected to be incurred for such Optional
Service. Such estimate shall be reviewed by the Contract Administrator and a
final amount for CONTRACTOR's compensation shall be approved as
follows:
5.3.1.1
Work Authorizations that will cost COUNTY Thirty Thousand
Dollars ($30,000.00) or less shall be signed by Contract
Administrator and CONTRACTOR, using the Work Authorization
Form attached hereto as Exhibit"E."
5.3.1.2
Work Authorizations that will cost COUNTY more than Thirty
Thousand Dollars ($30,000.00) shall be signed by COUNTY’s
Purchasing Director or Board, and CONTRACTOR. Work
Authorizations within the Purchasing Director’s delegated authority
shall be prepared using the Work Authorization Form attached
hereto as Exhibit "F-1." Those Work Authorizations that require
approval by Board shall be prepared using the Work Authorization
Form attached hereto as Exhibit "F-2."
5.3.2 Subsequent to Contract Administrator issuing a Work Authorization pursuant
to this article, Contract Administrator will issue a Notice to Proceed (NTP) for
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those authorized Optional Services. CONTRACTOR shall not commence
such work until after receipt of the Contract Administrator’s NTP.
5.3.3 Any charges in excess of the amount approved in the original Work
Authorization shall require a modification thereto approved by Contract
Administrator, Purchasing Director, or Board as follows: Contract
Administrator shall sign in instances where the cumulative total of the
modifications (the amount approved in the original Work Authorization plus
the modifications thereto) does not exceed Thirty Thousand Dollars
($30,000.00). COUNTY’s Purchasing Director shall sign in instances where
the cumulative total of the modifications exceeds Thirty Thousand Dollars
($30,000.00) but does not exceed the Purchasing Director’s approval
authority delegated by Board. Board shall sign in those instances where the
cumulative total of the modifications exceeds the Purchasing Director’s
delegated authority. Notwithstanding anything contained in this subsection,
CONTRACTOR's compensation shall not exceed the amount approved in the
Work Authorization unless such additional amount received the prior written
COUNTY approval as outlined above.
5.3.4 All Work Authorizations shall contain, as a minimum, the following
information and requirements:
5.3.4.1
A description of the work to be undertaken, a reference to this
Agreement pursuant to which the work to be undertaken is
authorized, and a statement of the method of compensation.
5.3.4.2
A budget establishing the amount of compensation, which amount
shall constitute a guaranteed maximum and shall not be exceeded
unless prior written approval of COUNTY is obtained. In the event
COUNTY does not approve an increase in the guaranteed
maximum amount, and the need for such action is not the fault of
CONTRACTOR, the authorization shall be terminated, and
CONTRACTOR shall be paid in full for all work completed to that
point, but shall in no case exceed the guaranteed maximum
amount. The information contained in the budget shall be in
sufficient detail so as to identify the various elements of costs.
5.3.4.3
A time established for completion of the work or services
undertaken by CONTRACTOR or for the submission to COUNTY
of documents, reports, and other information pursuant to this
Agreement.
5.3.4.4
Any other additional instructions or provision relating to the work
authorized pursuant to this Agreement.
5.3.4.5
Work Authorizations shall be dated, serially numbered, and
signed.
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5.4
Each proposed contract modification request that, by itself or aggregated with
previous modification requests, increases the contract value by ten percent (10%) or
more of the initial contract value, or Fifty Thousand Dollars ($50,000.00), whichever
is less, shall be reviewed by COUNTY for opportunities to include or increase CBE
participation. CONTRACTOR shall demonstrate good faith efforts to include CBE
participation in change order work and shall report such efforts to the Office of
Economic and Small Business Development.
ARTICLE 6 - INDEMNIFICATION
6.1
CONTRACTOR shall at all times hereafter indemnify, hold harmless and, defend
COUNTY, its officers, agents, servants, and employees from and against any and all
causes of action, demands, claims, losses, liabilities and expenditures of any kind,
including attorney fees, court costs, and expenses, caused or alleged to be caused
by intentional or negligent act of, or omission of, CONTRACTOR, its employees,
agents, servants, or officers, or accruing, resulting from, or related to the subject
matter of this Agreement including, without limitation, any and all claims, losses,
liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event
any lawsuit or other proceeding is brought against COUNTY by reason of any such
claim, cause of action or demand, CONTRACTOR shall, upon written notice from
COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to
COUNTY or, at COUNTY’s option, pay for an attorney selected by County Attorney
to defend COUNTY. To the extent considered necessary by the Contract
Administrator and the County Attorney, any sums due CONTRACTOR under this
Agreement may be retained by COUNTY until all of COUNTY's claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved;
and any amount withheld shall not be subject to payment of interest by COUNTY.
The provisions and obligations of this section shall survive the expiration or earlier
termination of this Agreement.
ARTICLE 7 - INSURANCE
7.1
In order to insure the indemnification obligation contained above, CONTRACTOR
shall, as a minimum, provide, pay for, and maintain in force at all times during the
term of this Agreement (unless otherwise provided), the insurance coverages set
forth in Sections 7.3, 7.4, 7.5, and 7.6, in accordance with the terms and conditions
required by this Article.
7.2
Such policy or policies shall be issued by approved companies authorized to do
business in the state of Florida, and having agents upon whom service of process
may be made in Broward County, Florida. CONTRACTOR shall specifically protect
COUNTY and the Broward County Board of County Commissioners by naming
COUNTY and the Broward County Board of County Commissioners as additional
insureds under the Comprehensive General Liability Policy only.
7.3
Comprehensive General Liability Insurance. A Comprehensive General Liability
Insurance Policy shall be provided which shall contain minimum limits of
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____________ ($________) per occurrence combined single limit for bodily injury
liability and property damage liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General Liability Policy,
without restrictive endorsements, as filed by the Insurance Services Office and must
include:
Premises and/or operations.
Independent contractors.
Products and/or Completed Operations for contracts.
Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
7.4
Business Automobile Liability. Business Automobile Liability with minimum limits of
_______________ ($______) per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
Owned Vehicles.
Hired and Non-Owned Vehicles.
7.5
Workers' Compensation Insurance. Workers' Compensation insurance to apply for
all employees in compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(is) must include:
Employers' Liability with a limit
($__________________) each accident.
of
____________________
If any operations are to be undertaken on or about navigable waters,
coverage must be included for the U.S. Longshoremen & Harbor Workers Act
and Jones Act.
7.6
Professional Liability Insurance with the limits of liability provided by such policy to
be
no
less
than
__________($__________), with a maximum deductible of __________
($________) each claim.
CONTRACTOR shall notify COUNTY in writing within thirty (30) days of
any claims filed or made against the Professional Liability Insurance
Policy.
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7.7
CONTRACTOR shall furnish to the Contract Administrator Certificates of Insurance
or endorsements evidencing the insurance coverages specified by this Article prior
to beginning performance of work under this Agreement. All insurance coverages,
including deductibles, shall be subject to the review and prior approval of the
County’s Risk Manager.
7.8.1 Coverage is not to cease and is to remain in force (subject to cancellation notice)
until all performance required of CONTRACTOR is completed. All policies must be
endorsed to provide COUNTY with at least thirty (30) days’ notice of cancellation
and/or restriction. If any of the insurance coverages will expire prior to the
completion of the work, copies of renewal policies shall be furnished at least thirty
(30) days prior to the date of their expiration.
7.9
COUNTY reserves the right to review and revise any insurance requirements at the
time of renewal or amendment of this Agreement, including, but not limited to,
deductibles, limits, coverage, and endorsements based on insurance market
conditions affecting the availability or affordability of coverage, or changes in the
scope of work or specifications that affect the applicability of coverage.
ARTICLE 8 - TERMINATION
8.1
This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach ten (10) days after written notice from the
aggrieved party identifying the breach, or for convenience by action of the Board
upon not less than thirty (30) days' written notice. This Agreement may also be
terminated by County Administrator upon such notice as County Administrator
deems appropriate under the circumstances in the event County Administrator
determines that termination is necessary to protect the public health, safety, or
welfare. An erroneous termination for cause shall be considered a termination for
convenience.
8.2
Termination of this Agreement for cause by COUNTY shall include, but not be
limited to, negligent, intentional or repeated submission for payment of false or
incorrect bills or invoices, failure to suitably perform the work, failure to continuously
perform the work in a manner calculated to meet or accomplish the objectives of
COUNTY as set forth in this Agreement, or multiple breach of this Agreement which
has a material adverse effect on the efficient administration of the Project not
notwithstanding whether any such breach was previously waived or cured.
8.3
Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement except that notice of termination by County Administrator which
County Administrator deems necessary to protect the public health, safety, or
welfare may be verbal notice which shall be promptly confirmed in writing in
accordance with the "NOTICES" section of this Agreement.
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8.4
In the event this Agreement is terminated for convenience, CONTRACTOR shall be
paid for any services performed to the date the Agreement is terminated; however,
upon being notified of COUNTY's election to terminate, CONTRACTOR shall refrain
from performing further services or incurring additional expenses under the terms of
this Agreement. CONTRACTOR acknowledges and agrees that ten dollars ($10.00)
of the compensation to be paid by COUNTY, the adequacy of which is hereby
acknowledged by CONTRACTOR, is given as specific consideration to
CONTRACTOR for COUNTY’s right to terminate this Agreement for convenience.
8.5
In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 10.1 of Article 10.
8.6
This Agreement may also be terminated by the Board:
8.6.1 Upon the disqualification of CONTRACTOR as a CBE by COUNTY’s Director
of the Office of Economic and Small Business Development if
CONTRACTOR’s status as a CBE was a factor in the award of this
Agreement and such status was misrepresented by CONTRACTOR;
8.6.2 Upon the disqualification of CONTRACTOR by COUNTY’s Director of the
Office of Economic and Small Business Development due to fraud,
misrepresentation, or material misstatement by CONTRACTOR in the course
of obtaining this Agreement or attempting to meet the CBE contractual
obligations;
8.6.3 Upon the disqualification of one or more of CONTRACTOR’s CBE
participants by COUNTY’s Director of the Office of Economic and Small
Business Development if any such participant’s status as a CBE firm was a
factor in the award of this Agreement and such status was misrepresented by
CONTRACTOR or such participant;
8.6.4 Upon the disqualification of one or more of CONTRACTOR’s CBE
participants by COUNTY’s Director of Office of the Economic and Small
Business Development if such CBE participant attempted to meet its CBE
contractual obligations through fraud, misrepresentation, or material
misstatement; or
8.6.5 If CONTRACTOR is determined by COUNTY’s Director of the Office of
Economic and Small Business Development to have been knowingly
involved in any fraud, misrepresentation, or material misstatement
concerning the CBE status of its disqualified CBE participant.
ARTICLE 9 – EEO AND CBE COMPLIANCE
9.1
NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
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CONTRACTOR shall not unlawfully discriminate against any employee or applicant
for employment because of race, religion, age, color, sex or National origin, sexual
orientation (including but not limited to Broward County Code Chapter 162), marital
status, political affiliation, disability, or physical or mental disability if qualified.
CONTRACTOR shall take affirmative action to ensure that applicants are employed,
and that employees are treated during their employment without regard to their race,
religion, color, sex or national origin, sexual orientation, marital status, political
affiliation, or physical or mental handicap. Such actions shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation; and selection of training, including apprenticeship. CONTRACTOR
agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
The COUNTY shall also require that any contractor selected to perform work on a
COUNTY project include the foregoing or similar language in its contracts with any
subcontractors or subconsultants, except that any project assisted by U.S.
Department of Transportation funds shall comply with the non-discrimination
requirements in 49 C.F.R. Parts 23 and 26, as amended. The Subcontractors, if
any, will be made aware of and will comply with this nondiscrimination clause.
Failure by the Contractor to comply with the above requirements shall constitute a
material breach of the contract, which shall permit the COUNTY to terminate the
contract or to exercise any other remedy provided under the contract, under the
Broward County Code, or under applicable law, or such other remedy as the
COUNTY deems appropriate.
CONTRACTOR shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further
shall not discriminate against any employee or applicant for employment because of
race, age, religion, color, gender, sexual orientation, national origin, marital status,
political affiliation, or physical or mental disability. In addition, CONTRACTOR shall
take affirmative steps to ensure nondiscrimination in employment against disabled
persons. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, other forms of compensation, terms and conditions
of employment, training (including apprenticeship), and accessibility.
9.2
CBE COMPLIANCE [see substitute Optional Provision if Project has no goals]
9.2.1 The CBE Program, which is implemented under County Business Enterprise Act
of 2009 (Broward County Ordinance No. 2009-40, as may be amended from
time to time), referred to as the "Act," provides for the establishment and
implementation of CBE participation goals, initiatives, and other opportunities for
COUNTY contracts. In completing this Project, CONTRACTOR agrees to and
shall comply with all applicable requirements of the CBE Program in the award
and administration of the Agreement. Failure by CONTRACTOR to carry out
any of the CBE Program requirements shall constitute a material breach of this
Agreement, which shall permit COUNTY to terminate this Agreement or to
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exercise any other remedy available under this Agreement, under the Broward
County Administrative Code, under the Broward County Code of Ordinances, or
under applicable law, all of which remedies being cumulative. CONTRACTOR
acknowledges that the Broward County Board of County Commissioners, acting
by and through the Director of the Broward County Office of Equal Opportunity,
may make minor administrative modifications to the CBE Program which shall
become applicable to this Agreement if the administrative modifications are not
unreasonable. Written notice of any such modification shall be provided to
CONTRACTOR and shall include a deadline for CONTRACTOR to notify
COUNTY if CONTRACTOR concludes that the modification exceeds the
authority of this section of this Agreement. Failure of CONTRACTOR to timely
notify COUNTY of its conclusion that the modification exceeds such authority
shall be deemed acceptance of the modification by CONTRACTOR.
COUNTY, acting by and through its Office of Economic and Small Business
Development, shall have the right to review each proposed amendment,
extension, modification, or change order to this Agreement that, by itself or
aggregated with previous amendments, extensions, modifications, or change
orders increases the initial Agreement price by ten percent (10%) or Fifty
Thousand Dollars ($50,000) whichever is less, for opportunities to include or
increase the participation of CBE firms already involved in this Agreement.
CONTRACTOR shall make a good faith effort to include CBE firms in work
resulting from any such amendment, extension, modification, or change order
and shall report such efforts, along with evidence thereof, to the Office of
Economic and Small Business Development.
9.2.2 COUNTY and CONTRACTOR agree that subcontract awards to CBE firms are
crucial to the achievement of the Project's CBE participation goal.
CONTRACTOR understands that each CBE firm utilized on the Project to meet
the participation goal must be certified by the Broward County’s Office of
Economic and Small Business Development. In an effort to assist COUNTY in
achieving its established goal for this Project, CONTRACTOR agrees to meet
the following CBE participation goal by utilizing the CBE firms for the work and
dollar values described in Subsection 9.2.3:
Total CBE Goal
%
CONTRACTOR may not terminate for convenience a certified CBE listed as a
subcontractor in the CONTRACTOR’s bid or offer without the County's prior
written consent, which consent shall not be unreasonable withheld.
CONTRACTOR shall inform COUNTY immediately when a CBE firm is not able
to perform or if CONTRACTOR believes the CBE firm should be replaced for any
other reason, so that the Office of Economic and Small Business Development
may review and verify the good faith efforts of CONTRACTOR to substitute the
CBE firm with another CBE firm. Whenever a CBE firm is terminated for any
reason, including cause, CONTRACTOR shall make good faith efforts to find
another CBE firm to perform the work required of the original CBE firm.
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9.2.3 In performing services for this Project, COUNTY and CONTRACTOR hereby
incorporate CONTRACTOR’s participating CBE firms, addresses, scope of work,
and dollar value identified on the Schedule of CBE Participation into this
Agreement (Exhibit "D"). Upon execution of this Agreement by COUNTY,
CONTRACTOR shall enter into a formal contract with the CBE firms
CONTRACTOR selected to fulfill the CBE participation goal for this Agreement
and agrees to provide copies of its contracts with such firms to the Contract
Administrator and the Broward County Office of Economic and Small Business
Development. CONTRACTOR shall not terminate a CBE firm listed on the
Schedule of Participation without cause unless CONTRACTOR has received
COUNTY’s prior written consent. CONTRACTOR understands that each
replacement CBE firm utilized on the Project to meet the participation goal must
also be certified by the Broward County’s Office of Economic and Small
Business Development.
9.2.4 CONTRACTOR shall allow COUNTY to engage in on-site reviews to monitor
CONTRACTOR’s progress in achieving and maintaining its contractual and CBE
Program obligations. Such review and monitoring shall be by the Contract
Administrator in conjunction with the Office of Economic and Small Business
Development.
COUNTY shall have access, without limitation, to
CONTRACTOR’s books and records, including payroll records, tax returns and
records, and books of account, on five (5) business days’ notice, to allow
COUNTY to determine CONTRACTOR’s compliance with its commitment to the
CBE participation goal and the status of any CBE firm performing any portion of
this Agreement.
9.2.5 CONTRACTOR understands that it is the responsibility of the Contract
Administrator and the Broward County Office of Economic and Small Business
Development to monitor compliance with the CBE requirements. In that regard,
CONTRACTOR agrees to furnish monthly reports regarding compliance with its
CBE obligations to the Contract Administrator with its partial pay requests under
Section 4.3 of this Agreement, which report shall, as a minimum, include all
expenditures made to achieve compliance with its assigned goal or other
contractual conditions agreed to by, CONTRACTOR the name and business
address of each CBE firm participating in this Agreement; a description of the
work performed and/or product or service supplied by each CBE firm; the date
and amount of each expenditure; and any other information requested by
COUNTY’s representative which may assist COUNTY in determining
CONTRACTOR’s compliance with its contractual obligations, or which may
assist in the implementation and enforcement of the Act. The submission of the
report required by this subsection shall be a condition of payment to
CONTRACTOR. The monthly reports shall be submitted on a form which may be
obtained at the Office of Economic and Small Business Development. The first
report shall be due at the end of the first month of this Agreement.
9.2.6 In the event of CONTRACTOR’s noncompliance with its participation
commitment to a CBE firm (including without limitation the unexcused reduction
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of the CBE firm’s participation), the affected CBE firm shall have the right to the
following remedies if the noncompliance is or was alleged to be due to no fault of
the CBE firm, and alleged to be due to the willful action or omission of
CONTRACTOR:
9.2.6.1 The affected CBE firm shall be entitled to damages pursuant to its
agreement with CONTRACTOR.
9.2.6.2 If the CBE firm has the right to arbitrate and institutes arbitration
proceedings claiming non-compliance with the Act by CONTRACTOR, then in
such event the CBE firm may submit the dispute to arbitration. However,
arbitration shall not be available as to any dispute between CONTRACTOR and
COUNTY; nor shall COUNTY incur any cost, fee, or liability relative to any
arbitration proceeding.
9.2.6.3 Nothing under this Subsection 9.2.6 shall be construed to limit the rights
of and remedies available to COUNTY, including the right to seek its own
damages pursuant to this Agreement.
9.2.7 CONTRACTOR agrees that nonpayment of a CBE subcontractor or CBE
supplier as required by Section 4.3.1 of this Agreement shall be a material
breach of this Agreement and that COUNTY’s Contract Administrator may, at its
option, increase allowable retainage or withhold progress payments unless and
until CONTRACTOR demonstrates timely payments of sums due to such
subcontractors or suppliers. CONTRACTOR agrees that the presence of a "pay
when paid" provision in its contract with a CBE firm shall not preclude COUNTY
or its representatives from inquiring into allegations of nonpayment. The
foregoing remedies under this Subsection 9.2.7 shall not be employed when
CONTRACTOR demonstrates that failure to pay results from a bona fide dispute
with its CBE subcontractor or supplier.
9.2.8 If CONTRACTOR fails to comply with the requirements of this Agreement, or the
requirements of the County Business Enterprise Act of 2009, COUNTY shall
have the right to exercise any administrative remedies provided by the Business
Opportunity Act of 2004, or any other right or remedy provided in this Agreement
or under applicable law, with all such rights and remedies being cumulative
ARTICLE 10 - MISCELLANEOUS
10.1
OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, schedules, estimates, specifications,
studies and other data and documents provided or created in connection with this
Agreement are and shall remain the property of COUNTY. In the event of
termination of this Agreement, any reports, photographs, surveys, and other data
and documents prepared by CONTRACTOR, whether finished or unfinished, shall
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become the property of COUNTY and shall be delivered by CONTRACTOR to the
Contract Administrator within seven (7) calendar days of termination of this
Agreement by either party. Any compensation due to CONTRACTOR shall be
withheld until all documents are received as provided herein.
10.2
AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
CONTRACTOR that are related to this Project. CONTRACTOR shall keep such
books, records, and accounts as may be necessary in order to record complete and
correct entries related to the Project. All books, records, and accounts of
CONTRACTOR shall be kept in written form, or in a form capable of conversion in to
a written form within a reasonable time, and upon request to do so, CONTRACTOR
shall make available at no cost to COUNTY in written form.
CONTRACTOR shall preserve and make available, at reasonable times for
examination and audit by COUNTY, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the
required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.),
if applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of three (3) years after termination of this Agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period
or three (3) years, whichever is longer, the books, records, and accounts shall be
retained until resolution of the audit findings. If the Florida Public Records Act is
determined by COUNTY to be applicable to CONTRACTOR's records,
CONTRACTOR shall comply with all requirements thereof; however, no
confidentiality or non-disclosure requirement of either federal or state law shall be
violated by CONTRACTOR. Any incomplete or incorrect entry in such books,
records, and accounts shall be a basis for COUNTY's disallowance and recovery of
any payment upon such entry.
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10.3
PUBLIC ENTITY CRIME ACT
CONTRACTOR represents that the execution of this Agreement will not violate the
Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially
provides that a person or affiliate who is a contractor, consultant or other provider
and who has been placed on the convicted vendor list following a conviction for a
Public Entity Crime may not submit a bid on a contract to provide any goods or
services to COUNTY, may not submit a bid on a contract with COUNTY for the
construction or repair of a public building or public work, may not submit bids on
leases of real property to COUNTY, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with COUNTY,
and may not transact any business with COUNTY in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two purchases for a
period of thirty-six (36) months from the date of being placed on the convicted
vendor list. Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY’s
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been
no determination, based on an audit, that it committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the
convicted vendor list.
10.4
INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither CONTRACTOR
nor its agents shall act as officers, employees, or agents of the COUNTY. No
partnership, joint venture, or other joint relationship is created hereby. COUNTY
does not extend to CONTRACTOR or CONTRACTOR’s agents any authority of any
kind to bind COUNTY in any respect whatsoever.
10.5
PREVAILING WAGE REQUIREMENT
If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)
is required of, or undertaken by, CONTRACTOR as a result of this Agreement,
Broward County Ordinance No. 83-72, as may be amended from time to time, shall
be deemed to apply to such construction work; and further CONTRACTOR shall
fully comply with the requirements of such ordinance and shall satisfy, comply with,
and complete the requirements set forth in Exhibits "B" and "C."
10.6
THIRD PARTY BENEFICIARIES
Neither CONTRACTOR nor COUNTY intend to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
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party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement. The parties
expressly acknowledge that it is not their intent to create any rights or obligations in
any third person or entity under this Agreement.
10.7
NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
FOR BROWARD COUNTY:
FOR CONTRACTOR:
10.8
ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit "D, "
attached hereto.
CONTRACTOR represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education,
or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Services and to provide and
perform such services to COUNTY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR’s
performance and all interim and final product(s) provided to or on behalf of COUNTY
shall be comparable to the best local and national standards.
10.9
CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
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antagonistic or incompatible with CONTRACTOR’s loyal and conscientious exercise
of judgment related to its performance under this Agreement.
CONTRACTOR agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process. Further, CONTRACTOR agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert
opinion, which is adverse or prejudicial to the interests of COUNTY in connection
with any such pending or threatened legal or administrative proceeding. The
limitations of this section shall not preclude CONTRACTOR or any other persons
from representing themselves in any action or in any administrative or legal
proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
10.10 CONTINGENCY FEE
CONTRACTOR warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for CONTRACTOR, 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 CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For a breach or violation of this provision, COUNTY shall have the right
to terminate this Agreement without liability at its discretion, or to deduct from the
Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
10.11 MATERIALITY AND WAIVER OF BREACH
COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
COUNTY’s failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Agreement.
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10.12 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
10.13 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless COUNTY
or CONTRACTOR elects to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
10.14 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
10.15 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
10.16 JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement shall
be in the state courts of the Seventeenth Judicial Circuit for Broward County,
Florida and venue for litigation arising out of this Agreement shall be in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its
residency or other jurisdictional device. By entering into this Agreement,
CONTRACTOR and COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
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10.17 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the COUNTY and
CONTRACTOR.
10.18 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless set
forth in writing in accordance with Section 9.18 above.
10.19 DRUG-FREE WORKPLACE
It is a requirement of COUNTY that it enter into contracts only with firms that certify
the establishment of a drug free work place in accordance with Chapter 21.31(a) of
the Broward County Procurement Code. Execution of this Agreement by
CONTRACTOR shall serve as CONTRACTOR’s required certification that it either
has or that it will establish a drug free work place in accordance with Chapter
21.31(a) of the Broward County Procurement Code.
10.20 INCORPORATION BY REFERENCE
The truth and accuracy of each “Whereas” clause set forth above is acknowledged
by the parties. The attached Exhibits "A," "B," "C," "D," "E," "F-1," "F-2," and "G," are
incorporated into and made a part of this Agreement.
10.21 MULTIPLE ORIGINALS
This Agreement may be fully executed in multiple copies by all parties, each of
which, bearing original signatures, shall have the force and effect of an original
document.
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10.22 DISPUTE RESOLUTION
In the event a dispute between the Contract Administrator and CONTRACTOR
over any of the terms of this Agreement, such dispute shall be promptly presented to
the County Administrator or designee for resolution. The County Administrator’s
decision shall be final and binding on the parties. During the pendency of any
dispute, CONTRACTOR shall promptly perform the disputed services.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Mayor or Vice Mayor, authorized to execute same by Board
action on the _____ day of _________________, 20____, and the CONTRACTOR,
_______________________________, as Managing General Contractor, signing by and
through its _________________________, duly authorized to execute same.
COUNTY
ATTEST:
_________________________________
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements
approved by Broward County
Risk Management Division
By ______________________________
Preconstruction Services Agreement
BROWARD COUNTY, by and through
its Board of County Commissioners
By____________________________
______________, Mayor
day of
, 20
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By____________________________
Assistant County Attorney
Agreement
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AGREEMENT BETWEEN BROWARD COUNTY AND _______________, FOR
MANAGING GENERAL CONTRACTOR’S PRE-CONSTRUCTION SERVICES FOR
________________, IN BROWARD COUNTY, FLORIDA, RLI #__________________.
CONTRACTOR
ATTEST:
MANAGING GENERAL CONTRACTOR:
_________________________________,
a for-profit Florida corporation
_________________________
Secretary
__________________________
(Please Type Name of Secretary)
By_______________________________
(Signature of President/Vice President)
_________________________________
(Typed Name of President/Vice President)
(CORPORATE SEAL)
WITNESSES:
___day of _________________, 20___.
__________________________
Signature of Witness
_________________________
Name of Witness
_________________________
Signature of Witness
_________________________
Name of Witness
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Preconstruction Services Agreement
EXHIBIT A SCOPE OF WORK
Scope of Preconstruction Services
Article 1 The Project
1.01
Project Description and Program
1.01.01
The following paragraphs and articles form a general description of the professional
services required for preconstruction services in support of new facilities contemplated
by COUNTY. As such, it is not all-inclusive and the COUNTY does not represent that it
is a complete inventory of the professional services necessary to achieve the
COUNTY’s goals for the new facility. The following paragraphs represent the COUNTY’s
anticipated minimum level of performance for CONTRACTOR but do not limit the
professional services that may be required during any project phase described herein.
1.01.02
Project Description
(A)
(B) The Project Site is located:
1.01.03
Contract Administrator’s Project Data and Documentation
(A) An architectural program and other related documents will be provided by the
Contract Administrator to provide the CONTRACTOR with an overview of the
Project as developed by the COUNTY and the Consultant. These documents may
include (if available to the Contract Administrator) site surveys, soil
boring/geotechnical reports and other data concerning the site and Project.
(B) Contract Administrator shall provide a mutually agreeable number of copies of
drawings, specifications and other related design documentation as necessary for
CONTRACTOR’s Basic Services (such as estimating, scheduling and
constructability reviews) to CONTRACTOR via the Consultant or Contract
Administrator’s own printing resources or services. CONTRACTOR’s printing of
such documents may be authorized by the Contract Administrator as an Optional
Service or Reimbursable. CONTRACTOR shall be responsible for printing,
reproduction and photography for documents (except those drawings, specifications
and other related design documents as described above) required as part of
preparing CONTRACTOR’s deliverables for Basic Services as described in further
detail below.
Article 2 Preconstruction Basic Services
2.01
General Requirements
2.01.01
The CONTRACTOR agrees to:
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Exhibit A Scope of Work
Page 1
(A) Provide complete preconstruction and/or other professional services set forth below
and all necessary personnel, equipment and materials to perform services;
(B) Complete those preconstruction services in accordance with a Project Schedule to
be developed jointly between the Contract Administrator, Consultant and
CONTRACTOR and finalized not later than 20 calendar days following the effective
date of the Notice to Proceed with this Agreement as issued by the Contract
Administrator, (Attachment 1, Project Schedule, as attached to this Exhibit A, is
provided for the CONTRACTOR’s and Contract Administrator’s use in deriving the
Contractor’s Project Schedule); and
(C) Complete those preconstruction services in support of delivering a facility (or
facilities) within the COUNTY’s established budget for the Project (Attachment 3,
Preliminary Project Budget, as attached to this Exhibit A) and as required by this
Agreement.
2.01.02
The CONTRACTOR shall attend a project review and coordination meetings with
representatives of the Contract Administrator and Consultant throughout the Design
Phases of the Project. The frequency of such project review and coordination meetings
may vary at the Contract Administrator’s discretion pending the status and progress of
the Project and the CONTRACTOR’s preconstruction services. At each of these
meetings, the CONTRACTOR, Contract Administrator and Consultant shall review the
Project’s budget, schedule, and scope along with the CONTRACTOR’s development
and progress to date on the respective preconstruction services and any special
problems related to the continuing progress of the Project. For each project meeting and
as may be otherwise appropriate during this project phase, the CONTRACTOR shall
provide schedules, estimates, reports and other documents sufficient to illustrate
progress and the issues at hand for the Contract Administrator’s review. CONTRACTOR
shall not be entitled to claims for delays to the Project Schedule due to the
CONTRACTOR’s provision of such documents.
2.01.03
The CONTRACTOR (including representatives of each subconsulting/subcontracting
firm engaged by CONTRACTOR to provide preconstruction services pursuant to this
Agreement, if any), Consultant and Contract Administrator shall attend a
“Preconstruction Services Kick-Off” meeting and a “Preconstruction Debriefing” meeting
that will be scheduled by the Contract Administrator at the beginning and end of each of
the Preconstruction Services. The Preconstruction Kick-Off meeting will provide a forum
for the entire project team to review project goals, continuing project issues, and review
performance expectations for the project. The Preconstruction Debriefing Meeting will
provide a forum in which the entire project team can provide feedback concerning team
performance, communications, procedures, quality control and other related issues for
the current and future projects.
2.01.04
The CONTRACTOR shall attend other periodic coordination meetings as scheduled by
the Contract Administrator and/or Consultant. These meetings will be scheduled to
address and coordinate specific design and planning issues for the Project. Members of
the COUNTY’s using agencies and other COUNTY offices participating in the Project
may attend these meetings to coordinate and communicate their functional
requirements and preferences.
2.01.05
The CONTRACTOR, Consultant, Contract Administrator and the artist(s) selected by
COUNTY shall attend periodic coordination meetings throughout the Project as
scheduled by the Contract Administrator to address the incorporation of public art into
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Page 2
the facility. These meetings will focus on the nature of the proposed artwork, the
opportunities for integrating artwork into an efficient, economical building design,
coordination of building systems and components with proposed artwork, coordination
and documentation of artwork within the construction contract documents, and the
artists’ involvement and responsibilities during the construction process.
2.01.06
The CONTRACTOR shall be required to submit various documents further defined
below in both hardcopy and electronic media formats. Requirements for electronic
media submittals are contained in Attachment 2, Electronic Media Submittal
Requirements, below. Requests for deviations from those electronic media submittal
requirements shall be submitted in advance by the CONTRACTOR in writing for the
consideration of the Contract Administrator.
2.01.07
Documents, electronic media and other materials submitted to Contract Administrator by
the CONTRACTOR shall be retained by the Contract Administrator except as otherwise
noted herein and are subject to the ownership provisions of this Agreement.
2.01.08
The CONTRACTOR shall make complete document submittals as listed or described
below. Incomplete or partial submittals may be requested in advance through the
Contract Administrator and may be allowed only when the CONTRACTOR has received
advance approval in writing by the Contract Administrator. Incomplete or partial
submittals made without advance approval shall be returned to the CONTRACTOR unreviewed and unaccepted by the Contract Administrator and subject to any liquidated
damages applicable as provided for elsewhere in this Agreement.
2.02
Administrative Requirements
2.02.01
The CONTRACTOR shall confer with representatives of the Contract Administrator to
verify and confirm the scope of Preconstruction Services, the status of the Project, the
Consultant’s progress with its assigned professional services, the activities of the
COUNTY’s using agencies, and other administrative information required for the Project.
These shall include:
(A) CONTRACTOR, Contract Administrator, Consultant and Using Agency shall
coordinate and establish a listing of Contract Administrator, Using Agency and other
representatives who will be providing information or feedback to the CONTRACTOR
during the preconstruction process. CONTRACTOR shall prepare and distribute list
including the Representative’s name, title, organization, address, phone, alternative
phone numbers (cellular/mobile, job site, etc), fax, and e-mail address(es).
CONTRACTOR shall periodically review, update and coordinate this list with the
Contract Administrator, Consultant and Using Agency throughout the
preconstruction process.
(B) CONTRACTOR, Contract Administrator, Consultant, and Using Agency shall
coordinate, establish and verify a chain of responsibility or decision making in the
COUNTY’s Project and functional organizations for use in later decision making
during the preconstruction process and the subsequent construction phase(s).
(C) CONTRACTOR shall obtain and mobilize any subcontractors/consultants or other
specialists to provide technical or functional information as Contract Administrator
and CONTRACTOR mutually agree to be necessary to render the preconstruction
services.
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 3
(D) CONTRACTOR shall obtain the Contract Administrator's preliminary list of
equipment and furnishings including any special equipment, special furnishings or
equipment/furnishings that require custom fabrication or unique installation.
CONTRACTOR shall advise and assist in Contract Administrator’s coordination of
that list with requirements for construction to include review of integration of
construction requirements into contract documents, project scheduling, project
budget, and communication of related issues. When such special equipment,
special furnishings or equipment/furnishings are to be provided by COUNTY, pricing
and specification of those items shall be responsibility of Contract Administrator
and/or Consultant.
(E) CONTRACTOR shall obtain the Contract Administrator’s preliminary list of “County
supplied materials” (including furniture and equipment items), construction or related
work to be performed by the COUNTY (or others), and any salvage items projected
to be retained by the COUNTY. CONTRACTOR shall advise and assist in Contract
Administrator’s coordination of that list with requirements for construction to include
review of integration of construction requirements into contract documents, project
scheduling, project budget, pricing of CONTRACTOR’s installation of COUNTY
supplied materials and communication of related issues. Pricing and specification of
any such COUNTY supplied materials or work items shall be responsibility of
Contract Administrator and/or Consultant.
2.02.02
The CONTRACTOR shall confer with the Contract Administrator and Consultant to
jointly develop a "Project Approvals Action Plan" for obtaining all site plan approvals,
development orders, permits, licenses and other approvals from all agencies with
jurisdiction over the Project.
(A) This plan shall verify and further develop preliminary information that may have
been developed by either the Contract Administrator and/or Consultant. Contract
Administrator and/or Consultant will make their preliminary documentation available
to CONTRACTOR. Project Approvals Action Plan shall confirm and include a listing
of those regulatory and/or jurisdictional agencies with authority over the Project,
document submittal requirements, application and permit fees, anticipated review
times, duration/expiration periods for any issued approval(s), and the party
responsible for making submittal of documents and fees related to any approval,
review or licensure.
(B) CONTRACTOR shall include scheduling information derived from the "Project
Approvals Action Plan" into project schedules further described below and shall
coordinate with Contract Administrator and Consultant concerning optimum timing
for submittals, corrections, reviews, and other milestone dates/periods pertinent to
the project approvals process.
(C) CONTRACTOR shall submit five (5) copies of the Project Approvals Action Plan to
the Contract Administrator prior to the Consultant’s submittal of Schematic Design,
Design Development, 50% and 100% Construction Document submittals and as
requested by CONTRACTOR and approved by the Contract Administrator in writing.
(D) Upon discovery of changes to building codes, regulatory agencies and other
jurisdictional requirements that impact the Project, CONTRACTOR shall advise
Contract Administrator and Consultant and modify the "Project Approvals Action
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 4
Plan" on an as needed basis to ensure the Project’s continued and future
compliance with the process for obtaining jurisdictional approvals.
2.02.03
2.03
CONTRACTOR shall attend key submittal and coordination meetings with jurisdictional
authorities on an "as needed" basis as determined by the Contract Administrator and
provide supporting documentation and representation as requested by the Contract
Administrator.
Scheduling
(A)
CONTRACTOR shall provide project schedules as a part of its Preconstruction
Services as outlined below. Project specific deviations and/or refinements of the
requirements presented below may be allowed with advance written authorization of
the Contract Administrator. Written authorization from the Contract Administrator will
not be unreasonably withheld.
(B)
The CONTRACTOR shall develop a Detailed Project Schedule, utilizing critical path
method (CPM) logic sequencing, reflecting the design (remaining portion thereof)
and construction of the overall Project, including but not limited to, the Contract
Administrator’s occupancy and outfitting of the facility, jurisdictional review periods
and permitting process, ordering and delivery/setup of furniture, fixtures and
equipment, and work by other contractors/vendors (including COUNTY’s own forces
and any COUNTY procured vendors and contractors) as directed by the Contract
Administrator.
(C)
The CONTRACTOR shall utilize the completed Detailed Project Schedule, to
develop a Project Control Schedule which shall be presented in a bar graph format.
The purpose of the Project Control Schedule is to summarize the information
contained in the CPM schedule in order to provide the project team with a
management tool and an overall project visual aid to easily determine the schedule
and status of the total Project. The information derived from these two schedules is
to become part of the CONTRACTOR’s management plan developed by the
CONTRACTOR for the project.
(D)
CONTRACTOR shall facilitate and conduct, with the Contract Administrator,
storyboarding and other activities delineated within Attachment 4, Preliminary
Scheduling Procedure, as attached to this Exhibit "A." Storyboarding meetings shall
be scheduled by CONTRACTOR, after consultation with the Contract Administrator,
prior to the completion of the 100% Construction Documents by the Consultant.
CONTRACTOR shall utilize information derived from these "storyboarding" meetings
to incorporate project team scheduling data (from the CONTRACTOR and
subcontractors, Contract Administrator, using agencies, County’s support agencies,
Consultant (and Sub-Consultants), Contract Administrator’s vendors and suppliers,
and jurisdictional agencies) into the required Detailed Project Schedule and Project
Control Schedule.
(E)
CONTRACTOR shall periodically update on a monthly basis both the Detailed
Project Schedule and the Project Control Schedule throughout the term of the
preconstruction and construction phases of the Project as part of the
CONTRACTOR’s management activity.
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 5
(F)
2.04
CONTRACTOR shall submit to the Contract Administrator one (1) reproducible and
five (5) hard copies of both the Detailed Project Schedule and the Project Control
Schedule with electronic media copies of all schedules, reports, and other
documentation making up those schedule documents.
Constructability Review
(A)
The CONTRACTOR shall review and evaluate design and construction documents
at the Schematic Design, Design Development, 50% Construction Documents and
100% Construction Documents phases for clarity, consistency, completeness,
coordination and ease of construction in order to achieve the overall objectives of
the Project.
(B)
CONTRACTOR’s review of the design and construction documents shall include the
following activities:
1. Conducting reviews of design and/or contract documents (drawings and
specifications at their respective levels of development by project phase) by
preparing a written list of review comments with references to the location of
information within the documents (drawing/detail number, spec page, or similar
reference). Contractor may, at CONTRACTOR’s option, prepare a "mark-up" set
or partial set of design and/or contract documents in addition to the list of review
comments to facilitate discussions of those comments by CONTRACTOR,
Consultant and Contract Administrator.
2. Preparing and presenting a written report of review comments, constructability
problems and concerns, including:
(a)
Recommendations for improving document coordination, clarity and
communication of construction requirements and technical construction
information.
(b)
Comments noting constructability issues derived from CONTRACTOR’s
review of design and/or contract documents (drawings and specifications
at their respective levels of development by project phase).
(c)
Recommendations concerning construction administration, construction
sequencing, means and methods, material selection and availability,
system integration, field quality control and assurance, alternate
construction methods/techniques and other construction related issues.
3. Attending workshop meetings with the Consultant and the Contract
Administrator to review proposed changes and recommending the changes that
are to be implemented for the Project.
4. Verifying and conducting final review of changes to the construction documents.
(C)
CONTRACTOR shall submit to the Contract Administrator one (1) reproducible and
ten (10) plastic-comb bound hard copies of each constructability review report
submittal and electronic media copies of all spreadsheets, reports, and other
documentation making up the constructability review documents.
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 6
2.05
Cost Estimating
(A)
The CONTRACTOR shall be responsible for preparing four (4) Construction Cost
Estimates at various points during its preconstruction services.
(B)
The CONTRACTOR shall prepare Construction Cost Estimates based on Schematic
Design, Design Development, 50% Construction Documents and 100%
Construction Documents and shall estimate the cost of the major elements and
subcomponents of the project. The purpose of these Construction Cost Estimates is
to verify the owner’s ability to complete the Project within the established
construction and project budgets. The cost information derived from these
estimates shall directly relate to the CONTRACTOR’s recommendations in the
Constructability Reviews and (if authorized by the Contract Administrator) Value
Engineering Report(s) relative to ways to reduce and/or control costs.
(C)
Estimates made for the Schematic Design phase shall be structured to indicate the
COUNTY’s Guaranteed Maximum Price structure (including estimated fees,
allowance accounts, indemnification consideration and other price elements) and
shall be organized to provide a minimum level of detail that corresponds to the
Construction Specification Institute’s (CSI) 16-Division MasterFormat system.
Estimates shall be provided for all 16-Divisions. Estimating based on preliminary
assemblies information organized according to the CSI’s Uniformat system of
assembly nomenclature may be utilized with advance written permission from the
Contract Administrator.
(D)
Estimates prepared for the Design Development and Construction Documents
phases shall be organized utilizing the CSI MasterFormat system of 5-digit section
numbers as coordinated with and/or anticipating the Consultant’s development of
the project specifications. Estimates shall be provided for all sections pertinent to
the project within CSI’s 16-Division structure.
(E)
The Construction Cost Estimate made at the 100% Construction Documents phase
shall be made when the construction documents are "permit ready" with sufficient
detail to permit issuance of a building permit and to obtain all required approval of all
governmental authorities having jurisdiction over the Project. The 100%
Construction Documents phase estimate shall be used as the basis for negotiating
the Guaranteed Maximum Price (GMP) for the Project and the basis for monitoring
status of the Project throughout the construction phase.
(F)
Each cost estimate submittal shall include an analysis of the Project’s feasibility in
terms of COUNTY’s project budget and COUNTY’s full range of anticipated "project
costs." In this capacity, CONTRACTOR shall coordinate with Consultant and
Contract Administrator in order to understand, assist in development of and
represent those project costs in the submitted cost estimates. Project costs may
include administrative costs, costs of Owner provided services/materials,
jurisdictional and other fees, estimated costs of special consultants, costs for
separate contractors, and other COUNTY costs which comprise COUNTY’s project
budget.
(G)
CONTRACTOR shall submit to the Contract Administrator one (1) reproducible and
ten (10) plastic-comb bound hard copies of each estimate submittal and electronic
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 7
media copies of all spreadsheets, reports, and other documentation making up the
estimate documents.
2.06
Pre-qualification and Identification of Subcontractors
(A)
The CONTRACTOR shall identify potential subcontractor participants throughout the
course of the Preconstruction Services identified herein. CONTRACTOR agrees to
participate in subcontractor and/or CBE workshops, seminars and open-houses as
may be scheduled by the Contract Administrator from time to time in order to
communicate the opportunities presented to subcontractors and CBE’s by this
Project.
(B)
The CONTRACTOR shall evaluate all potential subcontractor participants to
establish their qualifications (based on past work experience, similar projects, the
building quality of those past projects, and other similar factors) for presentation to
the COUNTY. Not later than the CONTRACTOR’s submittal of the 50%
Construction Documents constructability review, CONTRACTOR shall submit and
present its evaluation to the COUNTY in the form of a written report (the
Contractor’s Pre-qualification Report) listing the subcontractors being considered,
the Scope of Work recommended for that subcontractor, the subcontractor’s
qualifications and past work history, the subcontractor’s CBE certification status, and
the CONTRACTOR’s recommendation concerning the use of the listed
subcontractors. CONTRACTOR shall provide a minimum of three (3) pre-qualified
subcontractors for each proposed Scope of Work unless CONTRACTOR can
demonstrate to the Contract Administrator’s satisfaction a verifiable unavailability of
suitable subcontractors and the CONTRACTOR’s good faith effort to obtain the
required minimum number of prequalified subcontractors. CONTRACTOR’s
submittal shall include one (1) reproducible and five (5) hard copies of the
Contractor’s Pre-Qualification Report with electronic media copies of the report and
all schedules, lists databases and other documentation making up that report
document.
(C)
The CONTRACTOR shall coordinate with the County’s Office of Economic and
Small Business Development to identify subcontractors who may qualify for
certification under the COUNTY’s CBE and/or Small Business programs and direct
those potential CBE and/or Small Business participants to the COUNTY’s Office of
Economic and Small Business Development in order for those firms to pursue and
obtain their certification.
(D)
Identification of Participating CBE Subcontractors:
1. Not later than three (3) weeks prior to the formal negotiation of a Phase II
Construction Services Agreement with the COUNTY’s Negotiation Committee
(or negotiator designated by COUNTY), CONTRACTOR shall submit to the
Contract Administrator one (1) reproducible and five (5) hard copies of the
Contractor’s CBE Participation Plan as required by Article 9.2 of the Agreement
with an electronic media copy of the report and all other documentation making
up that report.
2. The CONTRACTOR’s CBE Participation Plan shall identify CBE
subcontractor/subconsultant participants for the Project including both those
firms utilized during the preconstruction phase and those that will be utilized
during the construction phase(s). The CBE Participation Plan shall demonstrate
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 8
that the CONTRACTOR has committed to meet or exceed the CBE participation
goals established for the Project, or demonstrate through accompanying
documentation suitable to the Contract Administrator and Office of Economic
and Small Business Development that CONTRACTOR has made a good faith
effort to meet the goal(s).
3. The CBE Participation Plan shall 1) provide a positive confirmation of the
CONTRACTOR’s commitment to meet or exceed the CBE Participation Goals
established for the Project; 2) identify (by legal name, address, phone number
and name of principal) each Broward County-certified CBE contemplated to
subcontract for work on this Project; 3) indicate the nature of the CBE’s
contribution to the Project including a general description of the Scope of Work
assigned to that CBE firm; 4) include an original signed acknowledgement from
each CBE indicating its intent and availability to serve as a subcontractor for
construction services if the construction phase of the Project is awarded to
CONTRACTOR and (5) Bid Tabulation results for the respective CBE’s trade
discipline or specialty establishing the CBE firm as the low bidder or indicating,
where necessary, the Contract Administrator’s establishment of a "Preferred
Subcontractor."
4. CONTRACTOR shall coordinate bidding detailed requirements and procedures
with Contract Administrator during the design development stage of the
Preconstruction Services.
Article 3 Optional Services
3.01
Optional Services Listing
Optional Services indicated with a checked box (
a BASIC SERVICE.
3.01.01
) are incorporated into this Agreement as
The services listed below are normally considered to be beyond the scope of Basic
Services as defined in this Agreement, and if authorized in advance by an appropriate
written authorization, will be compensated for provided under Article 4 (Compensation) of
this Agreement:
(A) Providing technical or other special studies not otherwise specified as a Basic
Service.
(B) Providing services relative to future facilities, systems and equipment not intended to
be constructed as during the construction phase.
(C) Providing investigations and making detailed appraisals and valuations of existing
facilities, and surveys or inventories required in connection with construction
performed by COUNTY and/or for subsequent construction, temporary facilities or
other contingencies required by the Contract Administrator.
(D) Providing consultation and/or repair of the site or any existing site structure damaged
by fire, hurricane or other cause during the preconstruction phase.
(E) Providing services to selectively clear landscape foliage (including trees, shrubs,
ground covers and other plant specimens, providing root pruning and/or canopy
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 9
pruning of trees and other site foliage, and/or providing selective demolition of any site
improvement/feature identified by the Contract Administrator prior to the Construction
Phase of the Project.
(F) Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration proceeding or legal proceeding.
(G) Coordinating and providing temporary facilities, temporary construction or other
improvements as required for the Project by the Contract Administrator.
(H) Conducting supplemental site surveying and or other investigations necessary to
document the physical character of the site.
(I)
Conducting environmental studies and obtaining Environmental Reports as
required for the Project. Include air, water, groundwater, wetlands, asbestos,
PVC’s and other HazMat conditions, archaeological/cultural resources, wildlife and
other natural resources.
(J) Conducting supplemental subsurface investigations and obtaining Geotechnical
Data related to the site including, but not limited to: Geotechnical Report, Soil
Boring Report and Soils Analysis.
(K) Identifying and locating utilities and building systems (including but not limited to
water supplies, sanitary and storm sewers, communications and providing services
to coordinate and/or conduct tests of those various utility and building systems.
(L) Providing computer support in the form of project web site and project extranets
and other internet based services to be available to the Contract Administrator,
Consultant and other project team members with capabilities including, but not
limited to e-mail systems, on-site “webcams” with streaming video, internet file
servers, and communication service lines to project site (T-1 or DSL Service as
specified by the Contract Administrator). Services may include provision of
hardware components with project management and other software to allow
document control, file transfer and project team meetings and management via
teleconferencing.
(M) Providing preconstruction services related to major changes in project scope as
determined by the Contract Administrator.
(N) Any other services not otherwise included in this Agreement or those services not
customarily furnished in accordance with generally accepted construction or
preconstruction practice related to the Project.
3.02
Value Engineering
3.02.01
This article and Attachment 5 (Value Engineering Procedure) lists detailed requirements for
optional Value Engineering (VE) services normally considered to be beyond the scope of
Basic Services as defined in this Agreement. If authorized in advance by the Contract
Administrator’s Work Authorization, VE Services will be compensated for as provided
under Article 4 (Compensation) of this Agreement as an Optional Service.
3.02.02
CONTRACTOR, as a result of the CONTRACTOR’s Constructability Review or
Construction Cost Estimate and in order to control costs, may be authorized pursuant to
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 10
a Work Authorization issued by the Contract Administrator to perform Value Engineering
(VE) services and submit any resulting Value Engineering proposals to the Contract
Administrator. Value Engineering activities shall be performed concurrently and in
conjunction with, and without delay to, the Consultant’s design activities. The services
may include VE evaluation, review and study of design documents (including the
structural, architectural, mechanical, electrical and plumbing systems, and elements
proposed for the building, site and other associated construction) prior to the
Consultant’s completion of the Project’s schematic design documents, at the end of the
Design Development Phase or at such stages as the Contract Administrator may direct.
VE services may include VE studies of items other than design documents. The
CONTRACTOR shall be paid as the Agreement specifies for this effort, but shall not
share in savings that may result from acceptance and use of VE Proposal’s by
COUNTY.
3.02.03
Scope of VE Services
(A) CONTRACTOR shall confer with Consultant and Contract Administrator to confirm
the scope of Value Engineering services required for the project as a whole and for
those respective project phases for which VE services are required.
(B) CONTRACTOR, Consultant ,and representatives of the Contract Administrator shall
prepare an agreed upon plan and procedure for conducting VE services appropriate
to the Project’s scale, scope, complexity, and level of completion. Contract
Administrator has provided Attachment 5, Value Engineering Procedure as a
resource and guide for the development of the project’s VE plan and procedure. The
VE plan and procedure developed for this Project may be a customized version of
Attachment 5 or an alternative project specific document as prepared and agreed to
by CONTRACTOR, Consultant, and representatives of the Contract Administrator.
(C) CONTRACTOR shall provide a copy of the project’s VE plan and procedure as an
attachment to CONTRACTOR’s fee proposal for the VE optional services for the
Contract Administrator’s consideration and approval. Upon approval, Contract
Administrator will issue a Work Authorization for VE optional services pursuant to
Article 5 of the Agreement. Authorization and approval of CONTRACTOR’s
alternative VE plan and procedure (or other deviations from Attachment 5) shall be
granted at the Contract Administrator’s sole discretion.
3.02.04
Value Engineering Team
(A) As a part of the VE plan and procedure developed for the Project, CONTRACTOR
shall identify and submit for the Contract Administrator’s approval a person who
shall serve as the VE Team Coordinator and shall prepare (with the assistance of
the Consultant and Contract Administrator) and submit a list of VE team members
and their respective resumes representing the CONTRACTOR, Consultant, Contract
Administrator, and those design and construction disciplines as may be required to
complete the VE study effort. Subsequent changes or substitutions to the approved
VE team shall be submitted in writing to the Contract Administrator for approval.
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 11
(B) The VE Team Coordinator (VETC) may be one of CONTRACTOR’s personnel or a
consultant to CONTRACTOR and shall be responsible for pre-study preparations,
assembly of required study materials, coordination of team members, conducting
and providing administration of team meetings. The VETC shall produce, audit,
reproduce, sign, and distribute the final VE report and each VE Proposal.
END OF EXHIBIT A, SCOPE OF WORK
Preconstruction Services Agreement
Exhibit A Scope of Work
Page 12
Professional Services Agreement
EXHIBIT A SCOPE OF WORK
ATTACHMENT 1:
Project Schedule
Project No:
Project Title:
Facility Name:
The required project schedule milestones for this Project are presented below. Items marked
undetermined require additional development and submittal of the CONTRACTOR’s Project
Development Schedule as required by the Professional Services Agreement for this Project. All
time periods indicated below are consecutive calendar days.
DATE REQUIRED OR ESTIMATED
TIME PERIOD
ACTIVITY
Pre-Design Phase (Programming)
CONTRACTOR’s Document Preparation & Submittal
County Review
CONTRACTOR’s
Submittal
Document
Correction
&
Re-
Days
From
Receipt
of
Documents from
CONSULTANT
Undetermined
Days
Undetermined
Days
Undetermined
Phase I: Schematic Design:
CONTRACTOR’s Document Preparation & Submittal
County Review
CONTRACTOR’s
Submittal
Document
Correction
&
Re-
Days
From
Receipt
of
Documents from
CONSULTANT
Undetermined
Days
Undetermined
Days
Undetermined
Phase II: Design Development
CONTRACTOR’s Document Preparation & Submittal
County Review
Preconstruction Services Agreement
Days
From
Receipt
of
Documents from
CONSULTANT
Days
Undetermined
Undetermined
Exhibit A, Attachment 1
Preliminary Project Schedule
Page 1
CONTRACTOR’s
Submittal
Document
Correction
&
Re-
Days
Undetermined
Phase III: Construction Documents Development
50% Construction Documents
CONTRACTOR’s Document Preparation & Submittal
County Review
CONTRACTOR’s
Submittal
Document
Correction
&
Re-
Days
From
Receipt
of
Documents from
CONSULTANT
Undetermined
Days
Undetermined
Days
Undetermined
100% Construction Documents
CONTRACTOR’s Document Preparation & Submittal
County Review
CONTRACTOR’s
Submittal
Document
Correction
&
Phase IV: GMP Negotiation and Award of Contract
Bid Opening Date:
Or
Board Approval of MGC Agreement
Preconstruction Services Agreement
Re-
Days
From
Receipt
of
Documents from
CONSULTANT
Undetermined
Days
Undetermined
Days
Undetermined
Days
Undetermined
Days
Undetermined
Days
Undetermined
Exhibit A, Attachment 1
Preliminary Project Schedule
Page 2
Professional Services Agreement
EXHIBIT A SCOPE OF WORK
ATTACHMENT 2:
Electronic Media Submittal Requirements
The Contract Administrator will be utilizing electronic media as the principal way it develops,
communicates and archives information concerning its various construction programs. To that end,
COUNTY’s standard Professional Services Agreements for consultant and preconstruction services
require submittal of documents produced on electronic media. Requirements for that media are
presented below.
ELECTRONIC MEDIA
A. General Requirements:
1. All Work, including surveying work, drawings, maps, details or other drawing information
to be provided in electronic media by the CONTRACTOR shall be accomplished and
developed using computer-aided design and drafting (CADD) and other software and
procedures conforming to the following criteria.
B. CADD Graphic Format:
1. Provide all CADD data in Autodesk, Inc.’s AutoCAD release 2004 or higher in native
.dwg electronic digital format and shall be readable by the COUNTY’s target platform.
Provide copies of all drawing sheets or other CADD produced documents intended for
hardcopy plotting or printing in plot (.plt), Portable Document Format (.PDF) and drawing
web format (.dwf) versions of all sheets/documents.
2. Target platform: Pentium IV personal computer with a Windows XP operating system
running AutoCAD 2004 and the Microsoft Office suite of software.
3. Ensure that all digital files and data (e.g., constructs, elements, base files, prototype
drawings, reference files, blocks, attribute links, and other files external to the drawing
itself) are compatible with the Contract Administrator's target CADD system (i.e., basic
and advanced CADD software, platform, database software), and adhere to the
standards and requirements specified herein.
4. The term "compatible" means that data can be accessed directly by the target CADD
system without translation, pre-processing, or post-processing of the electronic digital
data files. It is the responsibility of the CONTRACTOR to ensure this level of
compatibility.
5. Any non-graphical database delivered with prepared drawings: provide in relational
database format compatible with Microsoft Access 2002 or higher, or other compatible
SQL format database.
6. Maintain all linkages of non-graphical data with graphic elements, relationships between
database tables, and report formats.
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 1
7. All database tables: conform to the structure and field-naming guidance provided upon
request by the Contract Administrator.
C. CADD Standards:
1. Standard plotted drawing size: 24 inch x 36 inch sheets.
2. Coordinate with the Contract Administrator concerning the standard file naming protocol
to be utilized.
3. Layering:
a. Conform to the guidelines defined by the American Institute of Architect’s (AIA)
standard document, "CAD Layer Guidelines," 2nd edition or later.
b. Provide an explanatory list of which layer is used at which drawing and an
explanatory list of all layers which do not conform to the standard AIA CAD Layer
Guidelines, including any user definable fields permitted by the guidelines.
c. Layering: The Contract Administrator may, from time to time, supplement the AIA
CAD Layer Guidelines with the Contract Administrator’s specific requirements for
Facilities Management and other related information. Obtain latest Contract
Administrator specific layering from Contract Administrator prior to production of
documents and incorporate into drawings.
4. Attribute Definitions:
a. Obtain latest guidance from the Contract Administrator concerning attribute
definition, database linking, and other information embedding requirements prior to
production of documents.
5. Submit a written request for approval of any deviations from the Contract Administrator's
established CADD standards. Pre-coordinate the development, use and submittal of
3-D modeling, Building Information Models (BIM), photo-realistic renderings, animations,
presentations and other visualization/information tools utilized during the design and
construction process to ensure compatibility of submittal with COUNTY’s uses and
information systems.
6. No deviations from the Contract Administrator's established CADD standards will be
permitted unless prior written approval of such deviation has been received from the
Contract Administrator.
D. Non-CADD Graphic Format: Provide digital photography files and other miscellaneous
graphics in JPEG or PNG format.
E. Non-Graphic Format:
1. Provide word processing files in .PDF and in Microsoft Word 2003 file format including
all fonts, typefaces, bit-map and vector graphics, and other information necessary for
remote printing.
2. Provide spreadsheet files in .PDF and Microsoft Excel 2003 file formats, including all
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 2
fonts, typefaces, bit-map and vector graphics, and other information necessary for
remote printing.
3. Provide database files in relational database format compatible with Microsoft Access
2003 or higher, or other compatible SQL format database, including all tables, forms,
queries and report formats, fonts, typefaces, bit-map and vector graphics and other
information necessary for remote printing. Ensure integrity of relational database
structure.
E. Delivery Media and Format:
1. Submit copies of all CADD data and other electronic files developed under this contract
on electronic digital media as required for Project phase submittals.
2. Provide electronic digital data and files shall be provided on 5-1/4-inch ISO-9660
CD-ROM. Floppy discs, ZIP discs, and other miscellaneous media will not be accepted.
3. The electronic digital media shall be in the format which can be read and processed by
the Contract Administrator's target CADD system.
4. The external label for each electronic digital media shall contain, as a minimum, the
following information:
a. The Project Number, Project Title, and date.
b. The Facility Name.
c. The format and version of operating system software.
d. The name and version of utility software used for preparation (e.g.,
compression/decompression) and copying files to the media.
e. The sequence number of the digital media.
f.
A list of the filenames.
5. Before a CADD file is placed on the delivery electronic digital media, the following
procedures shall be performed:
a. Ensure that drawing sheets, viewports, paperspace, lineweights, fonts, and other
drawing components are correctly configured for Contract Administrator’s viewing
and plotting.
b. Make sure all reference files are attached without device or directory specifications.
c. Compress and reduce all design files using PKZIP, WINZIP or other compatible file
compression/decompression software approved by the Contract Administrator. If
the file compression/decompression software is different from that specified above,
then an electronic digital media copy of the file compression/decompression
software shall be purchased for the Contract Administrator and provided to the
Contract Administrator with the delivery media.
d. Include all files, both graphic and non-graphic, required for the project (i.e., color
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 3
tables, pen tables, font libraries, block libraries, user command files, plot files, and
other elements of drawing definition). All blocks not provided as Contract
Administrator-furnished materials must be provided to the Contract Administrator as
a part of the electronic digital deliverables.
e. Make sure that all support files such as those listed above are in the same directory
and that references to those files do not include device or directory specifications.
f.
Include any standard sheets (i.e., abbreviation sheets, standard symbol sheets, or
other listing) necessary for a complete project.
g. Document any fonts, tables, or other similar customized drawing element developed
by the CONTRACTOR or not provided among the Contract Administrator-furnished
materials. The contractor shall obtain Contract Administrator approval before using
anything other than the Contract Administrator's standard fonts, linetypes, tables,
blocks, or other drawing elements available from the Contract Administrator.
F. Drawing Development Documentation:
1. Provide the following information for each finished drawing in the nonplot layer X-****NPLT:
a. How the data was inputted (e.g., keyed in, downloaded from a survey total station
instrument (include name and model), and other identification data).
b. Brief drawing development history (e.g., date started, modification date(s) with brief
description of item(s) modified, author's name, and other identifying data).
c. The names of the reference, blocks, symbols, details, tables, and schedule files
required for the finished drawing.
d. Layer assignments and lock settings.
e. Text fonts, line styles/types used, and pen settings.
G. Submittal:
1. Submit as Project Record Documents specified above and as required for Project phase
submittals and Project record documents.
2. Submit electronic media with a transmittal letter containing, as a minimum, the following
information:
a. The information included on the external label of each media unit (e.g., disk, tape),
along with the total number being delivered, and a list of the names and descriptions
of the files on each one.
b. Brief instructions for transferring the files from the media.
c. Certification that all delivery media are free of known computer viruses. A statement
including the name(s) and release date(s) of the virus-scanning software used to
analyze the delivery media, the date the virus-scan was performed, and the
operator's name shall also be included with the certification. The release or version
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 4
date of the virus-scanning software shall be the current version which has detected
the latest known viruses at the time of delivery of the digital media.
d. The following "Plot File Development and Project Documentation Information" as an
enclosure or attachment to the transmittal letter provided with each electronic digital
media submittal.
1) Documentation of the plot file for each drawing which will be needed to be able
to duplicate the creation of the plot file by the Contract Administrator at a later
date. This documentation shall include the plotter configuration (e.g., name and
model of plotter), pen settings, drawing orientation, drawing size, and any other
special instructions.
2) Instructions concerning how to generate plotted, or hard copy, drawings from the
provided plot files.
3) List of any deviations from the Contract Administrator's standard layer/level
scheme and file-naming conventions.
4) List of all new symbol blocks created for project, which were not provided to the
CONTRACTOR with the Contract Administrator-furnished materials.
5) List of any non-IGES crosshatch/patterns used.
6) List of all new figures, symbols, tables, schedules, details, and other blocks
created for the Project, which were not provided to the CONTRACTOR with the
Contract Administrator-furnished materials, and any associated properties.
7) List of all database files associated with each drawing, as well as a description
and documentation of the database format and schema design.
8) Recommended modifications which will be necessary to make the data available
for GIS use.
H. Contract Administrator-Furnished Materials to the Construction Contractor:
1. The Contract Administrator and CONSULTANT may make various electronic
information available to CONTRACTOR during the Pre-Construction and
Construction phases of the Project. To this end, the CONSULTANT may make the
following information available to the Contractor in electronic format:
a. Work-files: Selected work product files, reports, spreadsheets, databases,
specifications, drawings, and other documentation of the CONSULTANT’s work
in progress may be provided to the Contractor, Managing General Contractor, or
other COUNTY consultant on an as required basis.
b. Electronic copies of any existing site survey data already on electronic media.
c. Where Electronic Project Record Documents are required, the CONSULTANT
may provide the Contractor one set of AutoCAD electronic file format contract
drawings, to be used for as-built drawings at the Contractor’s option.
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 5
I.
Other Digital Information:
1. A variety of digital information may be generated by participants in the design
process including the Contract Administrator, the CONSULTANT, subconsultants,
CONTRACTOR, subcontractors, the Contract Administrator’s commissioning
authority, local jurisdictional authorities, and other project team members.
2. The CONTRACTOR shall facilitate and participate wherever possible in this
digital exchange of information by conforming to the standards expressed above.
End of Attachment 2: Electronic Media Submittal Requirements
Preconstruction Services Agreement
Exhibit A, Attachment 2
Electronic Media Submittal Requirements
Page 6
EXHIBIT A SCOPE OF WORK
ATTACHMENT 3:
Preliminary Project Budget
Project No:
Project Title:
Facility Name:
The Contract Administrator’s preliminary project budget for this project follows this cover sheet.
CONSULANT’S use of this budget is described within the Professional Services Agreement and
its Exhibit "A," Scope of Work, for this project. Preliminary Project Budget is subject to change
at the Contract Administrator’s sole discretion.
Preconstruction Services Agreement
Exhibit A, Attachment 3
Preliminary Project Budget
Page 1
Broward County Commission
Phone: (954) 357-6419
Fax: (954) 357-6411
Construction Management Division
115 South Andrews Avenue, Room A550
Fort Lauderdale, FL 33301
Preliminary Scheduling Procedure
Preparing A Schedule For Your Project or Task
Most projects involve many people doing many different tasks at different times. These tasks form a
complex web of interdependencies—with each task crucial to the overall success of the project.
Organizing these tasks and the people assigned to perform them is a daunting challenge.
A technique used often in the development of project schedules is called "Storyboarding." This
technique can be used during the design phase, construction phase or at any other time during the
project's life when a schedule is needed. It is most useful as a preliminary activity in the
development of complex Critical Path Method (CPM) schedules.
Storyboarding is a simplistic solution to a complex problem; that is, how to identify all the tasks that
must be accomplished to meet project objectives. In most cases the end objectives are well
defined; however, the plan to achieve those objectives remains vague and spread across various
responsibilities. The "storyboard" attempts to identify all the tasks needed to obtain these objectives
along with the interrelationships between these tasks. When developing schedules, and in
particular a "storyboard" generated schedule, two major points must be followed:
1) The tasks must be monitorable, having a well-defined task with definable end results is a
must.
2) The same tasks must have some level of accountability assigned to them. For each
definable task, a person or organization must take ownership to the task.
The key to any successful schedule development is cooperation. By viewing this process as a team
function and stressing ownership in its development, a successful end product will result.
The contents of the sections which follow should serve as a guide to anyone wishing to create a
"storyboard" for their own projects or tasks.
Setting up - Pre-Storyboard Meeting:
If the storyboard is to be created for the first time on the project, it is very important that a meeting
be held prior to the actual storyboarding meeting. At this meeting all the participants will have the
storyboard process explained to them. Each participant will be given 3" x 5" colored index cards
(See Fig. A). The color will vary with each participant, for example, the Owner will receive red
cards, Consultant green, Contractor white, etc. (using a typical construction project scenario). The
participants should include everyone who has anything to do with the project. Each card should
have a specific activity, the time to complete the activity, the number of people required to complete
it (manpower), what the preceding number must be before this one can start, and what activities
following will be; in other words, the predecessor and successor to this activity.
The reason for requesting resources is to allow resource analysis; that is, we want to make sure
that the participants are staffing the project properly. Resource allocation to the activities is
Preconstruction Services Agreement
Exhibit A, Attachment 4
Preliminary Scheduling Procedure
Page 1
important, however, should the cards not include the required resources to perform that task,
proceed with the storyboarding. Don't distract the process of developing the schedule for the lack
of resource definition. Remember, the main objective is to develop a logical schedule, using
definable and "monitorable" tasks that have a level of accountability assigned to each task.
(It is important however, to point out to the participants who fail to assign resources that many task
schedules fail due to inadequate or improper assignment of resources.)
The card should be laid out as shown in Figure A.
List next task that must be
completed after this one
List tasks that must be
completed prior to this one
Next Task
Previous Task
Task
Duration
List How Long (Days) this task
will take to complete
Figure A: Task Card Layout
Resources
List personnel, space, tools,
or other special resources
needed to complete this task
Note that if this is the second or third time for a storyboarding session, you would just have to
advise the participants that a new storyboarding meeting will occur and prepare for it like they
did on the first one. Make sure to set the date for the storyrboarding so that everyone involved
can be present.
If this is a construction storyboard, you must try not to get into so much detail in one sitting as to
stop the meeting with insignificant information. The best way is the simplest way.
Preconstruction Services Agreement
Exhibit A, Attachment 4
Preliminary Scheduling Procedure
Page 2
Calendar Preparation:
One of the first steps for the storyboarding is defining the total length of time this particular portion
of work will be scheduled. One technique is to lay out on plain brown wrapping paper a calendar
(as shown in Figure B) with each month approximately 36 inches in length. Depending on the
amount of detail and size of the project, you can either use one or two widths of paper. Keep in
January
36 Inches (Approx)
February
March
Attach Calendar to Wall. Cards will be attached to this
paper in their appropriate time sequenced order.
Figure B: Calendar Layout
mind when preparing this calendar that it will be attached to a wall in order to allow all participants
to attach their activity cards to this paper. Another item to remember is that you must carry this
back to your office so you do not want to make it so wide as to make it impossible to carry.
The Storyboard - Who Starts It?
After taping or thumbtacking the calendar to the wall and after a brief explanation of what the
storyboard is, you are ready to start. It is important that there be one person who runs the show,
usually the Schedulers or Project Manager. This person will answer questions and try to solve any
problems that might occur during the storyboarding meeting.
It is imperative that the person who takes charge of the proceeding should have knowledge of the
Project being scheduled. Not having adequate knowledge of the Project will eventually show up in
Preconstruction Services Agreement
Exhibit A, Attachment 4
Preliminary Scheduling Procedure
Page 3
the dialogue that results during the development of the schedule.
One way to start the storyboard is for the Contractor, Consultant or Contract Administrator (or other
primary project taskholder) to put their cards on the calendar. This will force the other participants
to speak up to protect their own interest. The key here is to invite the participants up to the
calendar to lay out their portion of the work.
Another method is to put on the calendar specific milestones. For instance, in the case of office
construction, when does the Owner need occupancy, etc. Once these milestones are established,
the other participants can step up to the calendar and fill in with their activity cards the work that has
to be done to meet these milestones. You will find that once somebody has started the storyboard,
the other members usually pitch in and want to get up and start doing their part to make the
storyboard successful.
Continue putting cards on the wall until all participants have none left to put up. We are now ready
for the review process.
Review Process (Storyboard Meeting):
Once all the cards have been placed on the wall, take a break. While participants are taking a
break, the Scheduler and the Project Manager will review by themselves the results of the
storyboard. This time should be used to review what has been developed and which areas need
elaboration or clarification. Upon returning from the break, the Scheduler will advise the participants
as to any additional activities or any errors that might have occurred. Each participant should then
present before the entire team the cards they have put on the wall. Participants should outline to
the team what they have written down on their cards and how they see their portion of the work as
taking place.
If there are any changes to the storyboard, now is the time to make them. Advise the participants
that it is their schedule, one that they will have to live with so it is in their best interest to watch
closely how others are doing work that might have some impact on work that they have to do.
The Scheduler or the Project Manager will set the date of the next meeting where the storyboard,
which will be in the form of a time phased network, will be reviewed and agreed to. The participants
will be given an opportunity to "buy in" to the schedule, stressing that it is a team process. At this
time we also want to broad brush the total project before all the participants to keep them reminded
of the end objective, or any other major milestones.
Time Phase Network Preparation:
The next step is for the Scheduler to develop the network from the storyboard. The method usually
employed is time scale networks. The reasons for time scale are:
1.
2.
3.
Always shows the flow of the activities in a logical manner.
Shows quickly the critical path.
Shows overlap of activities and density of activities at any given period of time.
Review Process (After the Storyboard):
At the next meeting, the Scheduler and Project Manager in charge of the Project will review with all
the participants the schedule that was developed from the storyboard. Any adjustments to the
schedule by the participants should be brought up now or the schedule will be understood to be
Preconstruction Services Agreement
Exhibit A, Attachment 4
Preliminary Scheduling Procedure
Page 4
accepted by all members. Once all the members agree to the schedule, we can then formally issue
the project schedule.
We can only stress that all participants should take ownership of their portion of the schedule. Only
then do we find that cooperation to meet the objective is fully achieved.
Summary:
Keep in mind that as the Project progresses, the participants and the amount of detail changes.
Therefore, the storyboard can be done at any phase of the schedule. The basic philosophy that we
want to adhere to is a forward movement in our project planning; identifying key elements with a 90
to 120-day horizon in the future (and looking towards the end of the project). Getting more detail as
the detail becomes available. The reason the storyboard works is because the input is provided
from the people that are actually going to do the work. We, as the Schedulers and Project
Managers, act as a medium to show and advise the project team on how we plan to meet the
project objectives. We do not attempt to develop the schedule without the teams' input. We know
from experience what should be on the cards at the storyboard, and it is up to us to advise the
people who are participating in the storyboarding that we do know what the activities should be.
Preconstruction Services Agreement
Exhibit A, Attachment 4
Preliminary Scheduling Procedure
Page 5
Broward County Commission
Construction Management Division
115 South Andrews Avenue, Room A550
Fort Lauderdale, FL 33301
Phone: (954) 357-6419
Fax: (954) 357-6411
Value Engineering Procedure
1.01
General Requirements:
(A) CONTRACTOR, as a result of the CONTRACTOR’s Constructability Review or
Construction Cost Estimate and in order to control costs, shall perform Value
Engineering (VE) services and submit any resulting Value Engineering proposals to
the Contract Administrator.
(B) Value engineering activities shall be performed concurrently and in conjunction with,
and without delay to, the Consultant’s design activities. The services shall include
VE evaluation, review and study of design documents (including the structural,
architectural, mechanical, electrical and plumbing systems, and elements proposed
for the building, site and other associated construction) prior to the Consultant’s
completion of the Project’s schematic design documents, at the end of the Design
Development Phase and at such stages as the Contract Administrator may direct.
(C) VE services may include VE studies of items other than design documents.
(D) CONTRACTOR shall be paid as the Agreement specifies for this effort, but shall not
share in savings that may result from acceptance and use of VE Proposal’s by
COUNTY.
1.02
Definitions:
(A) “Life Cycle Cost," (LCC) as used in this article, is the sum of all costs over the
useful life of a building, system or product. It includes the cost of design,
construction, acquisition, operation, maintenance, and salvage (resale) value, if any.
(B) "Value Engineering" (VE), as used in this article, means an organized effort to
analyze the functions of systems, equipment, facilities, services and supplies for the
purpose of achieving the essential functions at the lowest life cycle cost consistent
with required performance, reliability, quality, and safety.
(C) "Value Engineering Proposal," as used in this article, means, in connection with the
Consultant’s Agreement, a change proposal developed by CONTRACTOR and its
VE team.
1.03
Value Engineering Team
(A) Not later than 20 days after receipt of the Notice To Proceed with Preconstruction
Services from the Contract Administrator, CONTRACTOR shall identify and submit
for the Contract Administrator’s approval a person who shall serve as the VE Team
Coordinator and a list of VE team members and their respective resumes
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 1
representing the design and construction disciplines required to complete the VE
study effort. Subsequent changes or substitutions to the approved VE team shall be
submitted in writing to the Contract Administrator for approval.
(B) The VE Team Coordinator (VETC) may be one of CONTRACTOR’s personnel or a
consultant to CONTRACTOR and shall be responsible for pre-study preparations,
assembly of required study materials, coordination of team members, conducting
and providing administration of team meetings. The VETC shall produce, audit,
reproduce, sign, and distribute the final VE report and each VE Proposal.
2.01
CONTRACTOR’s Preparation for VE Workshop(s):
(A) A coordination meeting will be held between the Contract Administrator, Consultant,
CONTRACTOR, and Value Engineering Team Coordinator (VETC).
1. The VETC shall conduct this meeting prior to each VE Workshop. The meeting
is intended to promote a common level of understanding about the objectives
and constraints of the VE workshop, establish a productive working
environment, confirm the schedule of events, and coordinate the handling of
material.
2. Items discussed during the meeting shall include the availability and format of
technical and cost data, agenda of the VE workshop, processing of the VE
recommendations, plus the date, location, and other logistical arrangements for
the VE workshop.
(B) Accumulation of the project’s technical and cost data.
1. The Contract Administrator will assist in supplying project data to the VETC at
least two weeks before the VE workshop to allow sufficient time for review
and development of the VE study models. The technical data consists of the
functional space program, engineering reports, design calculations, and all
current drawings and specifications. The cost data shall consist of any project
cost estimates, project budgets, and/or any special cost studies that may
have been produced by the Contract Administrator, Consultant or
CONTRACTOR.
2. Material Required for the Concept (Schematic Design) Workshop: The purpose
of the Concept Workshop at the schematic design stage is to establish basic
design approaches such as building massing, functional relationships, space
allocations and schematic layouts. In addition, basic building systems concepts
should be established as well as any special requirements including
environmental, safety, and historic preservation. The Contract Administrator,
assisted by the Consultant and CONTRACTOR, will endeavor to provide the
following materials to the VETC in preparation for this workshop:
a.
b.
c.
d.
Initial phasing/scheduling plans
Functional space program
Gross and occupiable area analysis
Drawings, including block layouts, building siting, preliminary elevations,
and sections
e. Narrative descriptions of major building systems and basis of design
f. Renderings, perspectives, and model photographs
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 2
g.
h.
i.
j.
k.
l.
m.
Special studies, statistical reviews, and calculations
Boring logs, soil reports or preliminary analysis
Preliminary narrative specifications
Cost estimate and cost studies
Utility rate guidelines
Planned building operating profile
Utilities available to site
3. Material Required for the Design Development Phase Workshop: The purpose
of Design Development Workshop is to establish final layouts and appearance of
the facility and to determine major building system selections. Most special
requirements should be finalized or under study and approaching completion.
The Contract Administrator, assisted by the Consultant and CONTRACTOR, will
endeavor to provide the following materials to the VETC in preparation for this
workshop:
a. Drawings including architectural, civil/site, structural, mechanical and
electrical
b. Preliminary specifications
c. Preliminary phasing/scheduling plans
d. Design calculations
e. Boring logs and soil reports
f. Gross and occupiable areas analysis
g. Utility rates
h. Energy studies
i. Life cycle cost studies
j. Building operating profile
k. Construction cost estimate
l. Construction market survey
(C) Providing logistical arrangements for the VE workshop.
1. Once the VE team(s) selection is finalized, the VETC shall distribute or
otherwise make available selected technical and cost data to each team
member for a brief review prior to the workshop. The pre-workshop review
should typically allow for 2 to 4 hours per team member. This review is intended
to briefly familiarize the participant with the project.
2. The VETC shall coordinate with the Contract Administrator to select and reserve
a space for the workshop meeting. The VE workshop shall be located at a site
within a COUNTY-owned facility or other facility with prior approval of the
Contract Administrator. Prior to a VE Workshop, the VETC shall visit the meeting
location with a representative of the Contract Administrator to ensure the
adequacy of the meeting space.
3. The VETC shall ensure that VE team members have visited the Project site prior
to a scheduled VE Workshop.
4. The VETC shall arrange for a laptop or other computer with appropriate software
and peripherals that may be required during the VE workshop. VETC may
inquire as to the Contract Administrator’s ability to provide limited computer
support.
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 3
5. Flip charts, markers, and easels shall be provided by the VETC.
(D) Preparation of initial cost, energy, and life cycle models.
1. Cost Model: The VE Cost Model is a study tool presenting both estimated and
target construction costs distributed by subsystem or functional area. Target
costs shall be determined during the VE workshop and shall represent the VE
team’s estimate of the least cost to perform the function of each subsystem or
functional area. Large differences between estimated costs and target costs
shall be identified as areas with potential for cost savings or value improvement.
2. Energy Model: The VETC shall assemble an energy model for the VE team to
use in a similar manner as the cost models. Energy models shall present
displays of energy consumption for the facility subsystem or functional area and
shall typically express energy in units of KWH per year. Target energy
consumption estimates shall be assigned to each subsystem or functional area
by the VE team during the VE workshop and represent the least possible energy
consumption for each subsystem or functional area based on historical energy
data and the VE team’s experience. The energy model is not intended to provide
a precise projection of energy demand or cost. The energy model’s primary
purpose is the rapid identification of energy intensive areas that offer a high
potential for energy reductions and cost savings. Large differences between
estimated energy costs and target energy costs shall be identified as areas with
potential for cost savings or value improvement.
3. Life Cycle Cost Model: The VETC shall assemble a life cycle cost (LCC) model
to illustrate the total cost of ownership of the new facility. The LCC model shall
provide a complete cost picture and shall serve as a baseline for the VE team’s
determinations of the cost impacts of VE recommendations. The interest or
discount rate used to prepare LCC models should be an appropriate value
established by the Contract Administrator, the Consultant, and the VETC.
(E) Distribution of the technical and cost data to VE team members.
3.01
The VE Workshop
(A) The VE workshops are the major activity during the VE study and shall be
conducted by the VE Team to achieve the following goals:
1. To provide an organized team approach that allows the VE team to analyze a
project by quickly identifying high cost to worth areas and selecting alternatives
which minimize costs while maximizing quality.
2. To encourage the VE team to think in a creative manner, i.e., to look beyond the
use of common or standard approaches.
3. To emphasize total ownership costs (life cycle costs) for a facility, rather than
just initial capital costs.
4. To lead the VE team to develop a concise understanding of the purposes and
functions of the facility.
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 4
(B) The systematic methodology used by the VE team to accomplish the VE workshop
shall be defined as the VE Job Plan and shall consist of the following five distinct
phases:
1. Information Phase: During the Information Phase, the VETC and VE team shall
solicit comments on the technical and cost data to develop an overall
understanding of the Project’s functions and requirements. The Information
Phase shall consist (as a minimum) of the following activities:
a. Oral Presentation: The VETC shall facilitate an oral presentation by the
Contract Administrator, using agency, Consultant, and CONTRACTOR on
the first morning of the workshop to provide the VE team with an
understanding and appreciation of the factors that have influenced the
Project’s design. This oral presentation shall serve to open the lines of
communication between the VE team members, Contract Administrator, and
the Consultant. The oral presentation should include:
1. The Consultant's rationale for the project’s development, including the
assumptions used to establish the building program, design criteria and
to select the Project’s materials and systems.
2. The Consultant’s description of the rationale, evolution, constraints and
alternatives for the major design components.
3. The Consultant’s description of the difficulties encountered during the
design of the project.
b. Function Analysis:
1. The "function analysis approach" shall be used to arrive at the basic
purpose of building systems and sub-systems and to assist the VE team
in determining the least costs to perform primary functions and
peripheral or support functions while identifying costs which can be
reduced or eliminated without affecting the performance or reliability of
the facility. The function analysis shall be completed as follows:
a.
b.
c.
d.
e.
Identify the study area(s).
Identify the basic verb/noun function of the study area.
List the component parts of the study area.
List the verb/noun function of each component and subcomponent.
Identify whether each function is basic, secondary, or a required
secondary function.
f. Identify the estimated construction cost of each fiction.
g. Speculate on the worth or the least cost to accomplish the function.
2. The VE Team shall analyze the function of building systems and subsystems by creation of two-word noun-verb descriptions of those
functions. The VE team shall identify and analyze both basic functions
(the specific task or work it must perform), secondary function(s)
(functions that may be desired but are not actually required to perform
the specific task or work), and required secondary functions (functions
are absolutely necessary to accomplish the specific task or work,
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 5
although they do not exactly perform the basic function) for selected
building systems and sub-systems.
3. For each selected building system and sub-system, the VE Team
shall ask and document answers to the following questions in relation
to the functions of an item/area:
a.
b.
c.
d.
e.
f.
What is its purpose?
What does it do?
What is the cost?
What is it worth?
What alternative would accomplish the same function?
What would that alternative cost?
4. The function analysis shall identify functional areas sequentially and
hierarchically as functions vary according to the selected area (from the
total facility to the building elements, systems, and sub-systems).
5. The function analysis shall establish an estimate of the worth of each
sub-system or component for comparison with its estimated cost. Since
worth is an indication of the value of performing a specific function,
extreme accuracy in estimating the worth is not critical. Worth shall be
used as a mechanism to identify areas of high potential savings and
value improvement. Subsystems performing secondary functions have
no worth because they are not directly related to the basic function.
6. The VE team shall make a comparison of the cost-to-worth ratios for the
total facility and its sub-systems. These cost-to-worth ratios are obtained
by dividing the estimated cost of the system or sub-systems by the total
worth for the basic functions or the system or sub-system. High cost-toworth ratios suggest areas of large potential cost savings and identify
systems or sub-systems that would be selected for further study by the
VE team. Similarly, low cost-to-worth ratios indicate areas where further
study efforts would probably not be justified due to diminished potential
for cost savings. Cost-to-worth ratios greater than two usually indicate
areas with the potential for substantial cost savings and value
improvement and shall be considered for further study.
7. Fast Diagramming: The VE Team shall provide graphics indicating the
logical relationship of the functions of an item, subsystem, or facility in
the form of FAST (Function Analysis System Technique) Diagram(s).
The FAST diagram shall be a block diagram based on answers to the
questions of "Why?" and "How?" for the item under study.
2. Speculation/Creative Phase
a. The VETC shall conduct a group interaction process that the VE team will
use to identify alternative ideas for accomplishing the function of systems or
subsystems associated with specific study areas. This phase involves an
open discussion without any restrictions on the imagination or inventive
thinking of individual team members. All analysis, evaluation, or judgement
of the ideas generated is delayed until the Evaluation/Analytical Phase.
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 6
b. The VETC shall record and list ideas by system, sub-system, and
component to facilitate effective organization of the study. The objective of
the Speculative/Creative Phase is to generate a completely free interplay of
ideas between team members to create an extensive list of alternative ideas
for later evaluation. The VETC shall facilitate the discussion and ensure the
deferral of any critical judgments or comments that might inhibit any of the
team members.
c. The VETC shall encourage and solicit the active participation of all VE team
members in the creative development of ideas. The VETC is responsible for
maintaining a climate for the free exchange of ideas by directing the team
members away from discussion or arguments about relative merits of
individual ideas.
3. Evaluation/Analytical Phase:
a. During the Evaluation/Analytical Phase, the ideas developed in the
Speculative/Creative Phase shall be examined to assess which have the
best opportunity for implementation, cost savings, and value improvement.
The VE team shall evaluate the feasibility of each idea by identifying and
documenting its advantages and disadvantages. The ideas shall then rated
on a scale of one to ten. A ten represents either the best technical idea or
the one with the greatest potential for cost savings and value improvement.
b. In ranking ideas, the VE team should consider the following:
1. Are the aesthetic, performance, quality and reliability requirements met
or exceeded?
2. Will excessive redesign or project delay be created?
3. Is there improvement in operation and maintenance?
4. Will life cycle cost savings be achieved?
5. Does the idea have a reasonable chance of acceptance and
implementation?
c. The VE Team shall provide more detailed investigations of the
highest-rated ideas in the Development/Recommendation Phase.
4. Development/Recommendation Phase:
a. The VE Team shall develop the best ideas from the Evaluation/Analytical
Phase into workable VE Proposals. The VE team shall research and develop
preliminary designs and life cycle cost comparisons for the original designs
and the proposed alternative ideas. The VE Team shall coordinate and
consult with outside experts, vendors, and reference sources to obtain
additional evaluation information before developing the VE Proposals.
b. The development of an idea into a proposal shall include the following steps:
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 7
1. Description of the original design and the alternative idea.
2. Sketch of the original design and the alternative idea.
3. Discussion of the advantages and disadvantages of the alternative idea
including its impact on life cycle costs and other key facility issues.
4. Preparation of a cost estimate and a life cycle cost analysis if necessary,
for the original design and the alternative idea.
5. Recommendation of preferred approach.
c. The VE team shall convey the concept of each VE Proposal in a clear and
concise manner to avoid its rejection due to a lack of understanding by the
Consultant or Contract Administrator. While preparing VE Proposals, the VE
team shall work with the Consultant to understand and reflect the
Consultant’s perspective for design, value, reliability, cost effectiveness, and
implementation.
d. Each alternative idea shall be presented as a single independent VE
Proposal and recommendation. Each VE Proposal shall be consecutively
and uniquely numbered. Multiple ideas shall not be grouped together into a
proposal unless there is a technical advantage to doing so.
e. VE Proposal preparation. As a minimum, the Contractor shall include the
following information in each VE Proposal:
1. A description of the difference between the existing and proposed
design, the comparative advantages and disadvantages of each, a
justification when an item’s function is being altered, the effect of the
change on system or facility performance.
2. A list and analysis of design criteria or specifications that must be
changed if the VE Proposal is accepted.
3. A separate detailed estimate of the impact on project cost of each VE
Proposal, if accepted and implemented by the government.
4. A description and estimate of costs the government may incur
implementing the VE Proposal, such as design change cost and test and
evaluation cost.
5. A prediction of any effects the proposed change may have on life cycle
cost.
6. The effect of the VE Proposal will have on the design or construction
schedules.
5. Report Phase
a. The Report Phase shall consist of both an oral and written presentation of
the results from the VE study.
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 8
b. Oral Presentation:
1. The VE Team shall present VE Proposals in an oral presentation on the
last day of the VE workshop. The oral presentation should be a relaxed
and informal meeting which lasts approximately one to three hours. The
presentation shall provide an opportunity for the Contract Administrator
and the Consultant to discuss the VE Proposals with the VE team.
2. To Facilitate the oral presentation, the VETC shall:
a.
Provide a summary of the VE Proposals to the Contract
Administrator, Consultant, and VE team members during the oral
presentation so they can commence their review and analysis prior
to the receipt of the VE report.
b. Initiate the presentation with an overview of the VE study and a
summary of the VE Proposals, including the potential cost savings.
c. Describe the major factors which influenced the VE study.
d. Moderate a brief description of each VE Proposal.
e. Facilitate questions and answers concerning the VE study.
c: VE Report:
1. The VETC shall prepare a written report which summarizes the results of
the entire VE study and submit ten (10) copies of that report to the
Contract Administrator not later than fourteen (14) calendar days
following the Oral Presentation concluding the VE Workshop.
2. The VE Report will be used by the Contract Administrator and
Consultant in their review and evaluation of the VE Proposals.
3. The VE Report shall contain at least the following information:
a. Cover Sheet
b. Signature Page and Acknowledgments
c. Executive summary
d. Project name and general description and summary functional space
program
e. Scope of the VE study
f.
Names of the Contract Administrator and its staff representatives,
the Consultant and its representatives, the CONTRACTOR and its
representatives, and other VE team members and their related
responsibilities
g. Location and date of the workshop
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 9
h. List of the data provided by the A-E
i.
Project objectives and constraints
j.
All cost, energy, and life cycle models, and worksheets from the Job
Plan phases
k. Summary of VE Proposals and cost savings
l.
Specific VE Proposals with supporting documentation
m. Appendix with additional information that the VETC may find
appropriate.
4.01
Post-Workshop Activity
(A) The post-workshop VE activity will include a thorough review and evaluation of each
VE recommendation presented in the VE report by the CONTRACTOR, Consultant,
and Contract Administrator and the CONTRACTOR’s preparation of the VE
Implementation Summary Acceptance Report.
(B) The Contract Administrator and Consultant will evaluate each VE Proposal on the
basis of technical, operational, and life cycle cost savings considerations and may
consult with the VETC to clarify any questionable items that arise during their review
of the VE Proposals. The VETC shall answer questions posed and shall provide
clarifying information that may be requested by either the Contract Administrator or
Consultant.
(C) The Consultant will make recommendations to the Contract Administrator
concerning acceptance or rejection of VE Proposals. The Contract Administrator, at
its sole discretion, may accept or reject any VE Proposal in whole or in part.
(D) VE Implementation Summary Acceptance Report:
1. Once all the VE Proposals have been reviewed, this report is prepared by VETC
to summarize the results of the action taken on each of the VE Proposals. The
VE implementation summary report and the VE report serve as the complete
documentation for the VE study. Separate sets of reports must be prepared for
each VE study conducted on a project.
2. The VE Implementation Summary Acceptance Report shall include:
a. A brief description of the project, the scope of the VE efforts, and the timing
of the study.
b. A summary list of the accepted and rejected VE Proposals. Identification
numbers from the original VE report should be carried forward.
c. An implementation schedule (prepared by the VETC in collaboration with the
Consultant) for incorporating the accepted proposals into the design.
d. An analysis (prepared by the VETC in collaboration with the Consultant) of
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 10
the value improvement effect of VE Proposals. This can be done in a
summary form or by individual proposal(s).
5.01
VE Worksheets and Forms
(A) Sample VE Worksheets and Forms for use during the VE Workshop will be available
upon request from the Contract Administrator.
Preconstruction Services Agreement
Exhibit A, Attachment 5
Value Engineering Procedure
Page 11
EXHIBIT B
Prevailing Wage Rates: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non-federally funded
construction procurement activity of $250,000 or more, the rate of wages and fringe benefit
payments for all laborers, mechanics, and apprentices shall not be less than those payments for
similar skills in classifications of work in like industries as determined by the Secretary of Labor and
as published in the Federal Register. The Department of Labor’s Wage Determination that shall be
used for this Agreement and for subsequent agreement(s) for construction of the Project shall be as
attached to this Exhibit as Attachment 1. Contract Administrator may update Wage Determination
effective for construction phase agreements to a Wage Determination dated later than that provided
as Attachment 1 when the benefits of using such later Wage Determination accrues to the interest
of COUNTY.
1)
Prevailing Wage Rate Ordinance. This Project is not federally funded. If the construction
cost is in excess of $250,000, the following sections shall apply:
1)
The rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications
of work in a like construction industry as determined by the Secretary of Labor and
as published in the Federal Register.
2)
All mechanics, laborers, and apprentices, employed or working directly upon the site
of the work shall be paid in accordance with the above-referenced wage rates.
CONTRACTOR shall post notice of these provisions at the site of the work in a
prominent place where it can be easily seen by the workers.
3)
If the parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices to be used, the Contract Administrator shall
submit the question, together with its recommendation, to the County Administrator
for final determination.
4)
In the event it is found by the Contract Administrator that any laborer or mechanic or
apprentice employed by CONTRACTOR, or any Subcontractor directly on the site of
the work has been or is being paid at a rate of wages less than the rate of wages
required by the ordinance, the Contract Administrator may: (1) by written notice to
CONTRACTOR terminate its right to proceed with the work or such part of work for
which there has been a failure to pay said required wages; and (2) prosecute the
work or portion thereof to completion by contract or otherwise. Whereupon,
CONTRACTOR and its sureties shall be liable to COUNTY for any excess costs
occasioned to COUNTY thereby.
5)
Sections 1.1 through 1.4 above shall apply to this Contract to the extent that it is: (1)
a prime Contract subject to the ordinance; or (2) a subcontract also subject to the
ordinance under such prime Contract.
6)
CONTRACTOR shall maintain payrolls and basic records relating thereto during the
course of the work and shall preserve such for a period of three (3) years thereafter
for all laborers, mechanics, and apprentices working at the site of the work. Such
records shall contain the name and address of each such employee; its current
classification; rate of pay (including rates of contributions for, or costs assumed to
provide, fringe benefits); daily and weekly number of hours worked; deductions
made; and actual wages paid.
Preconstruction Services Agreement
Exhibit B, Prevailing Wage Ordinances
Page 1
7)
CONTRACTOR shall submit, with each requisition for payment, a signed and sworn
"Statement of Compliance" attesting to compliance with Broward County Ordinance
No. 83-72. The Statement shall be in the form attached as Exhibit "C."
8)
The Contract Administrator may withhold or cause to be withheld from
CONTRACTOR so much of the payments requisitioned as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees,
watchpersons, and guards employed by CONTRACTOR or any subcontractor on
the work, the full amount of wages required by this Agreement.
9)
If CONTRACTOR or any subcontractor fails to pay any laborer, mechanic, or
apprentice employed or working on the site of the work all or part of the wages
required by this Agreement, the Contract Administrator may, after written notice to
CONTRACTOR, take such action as may be necessary to cause suspension of any
further payments or advances until such violations have ceased.
Preconstruction Services Agreement
Exhibit B, Prevailing Wage Ordinances
Page 2
Exhibit B, Attachment 1
Prevailing Wage Determination
Project No:
Project Title:
Facility Name:
Attached General Decision Number Dated is included in this document by reference and attachment
( pages).
This Prevailing Wage Rate Determination is applicable to both the Preconstruction Services Phase and
subsequent Construction Services Phase of the Project. The application of other or later Prevailing Wage
Rate Determinations to the Project may be made with prior written agreement by the Managing General
Contractor and the COUNTY by action of its Board of County Commissioners.
Preconstruction Services Agreement
Exhibit B, Attachment 1
Prevailing Wage Determination
Page 1
Preconstruction Services Agreement
Exhibit B, Attachment 1
Prevailing Wage Determination
Page 2
EXHIBIT C
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)
No. ___________________________
Contract No. _____________
Project Title
_______________________________
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period
covered by the application for payment to which this statement is attached, all mechanics, laborers,
and apprentices, employed or working on the site of the Project, have been paid at wage rates, and
that the wage rates of payments, contributions, or costs for fringe benefits have not been less than
those required by Broward County Ordinance No. 83-72 and the applicable conditions of this
Agreement.
Dated _____________, 20___,
a for-profit Florida corporation
By_____________________________
(Signature)
By_____________________________
(Name and Title)
STATE OF
COUNTY OF
)
) SS.
)
The foregoing instrument was acknowledged before me this _____ day of
_______________, 20__, by _____________________ who is personally known to me or who has
produced ______________________ as identification and who did/did not take an oath.
WITNESS my hand and official seal, this ______ day of ___________, 20__.
(NOTARY SEAL)
___________________________________________
(Signature of person taking acknowledgment)
___________________________________________
(Name of officer taking acknowledgment)
typed, printed or stamped
___________________________________________
(Title or rank)
___________________________________________
(Serial number, if any)
My commission expires:
Preconstruction Services Agreement
Exhibit C, Statement of Compliance
Page 1
EXHIBIT D
SCHEDULE OF CBE PARTICIPATION
[Applicable when agreement has assigned CBE goals]
SECOND PARTY agrees that the CBE participants listed below have agreed by written
subcontract to perform the work for the dollar value set forth and that the following
information regarding participating Subcontractors is true and correct to the best of his/her
knowledge:
(NAME OF PARTICIPATING CONTRACTOR)
(NAME OF PARTICIPATING CONTRACTOR)
(ADDRESS)
(ADDRESS)
(SCOPE OF WORK TO BE PERFORMED)
(SCOPE OF WORK TO BE PERFORMED)
$
(TOTAL DOLLAR VALUE)
$
(TOTAL DOLLAR VALUE)
(NAME OF PARTICIPATING CONTRACTOR)
(NAME OF PARTICIPATING CONTRACTOR)
(ADDRESS)
(ADDRESS)
(SCOPE OF WORK TO BE PERFORMED)
(SCOPE OF WORK TO BE PERFORMED)
$
(TOTAL DOLLAR VALUE)
$
(TOTAL DOLLAR VALUE)
(NAME OF PARTICIPATING CONTRACTOR)
(NAME OF PARTICIPATING CONTRACTOR)
(ADDRESS)
(ADDRESS)
(SCOPE OF WORK TO BE PERFORMED)
(SCOPE OF WORK TO BE PERFORMED)
$
(TOTAL DOLLAR VALUE)
$
(TOTAL DOLLAR VALUE)
PLEASE ATTACH ADDITIONAL INFORMATION IF NECESSARY.
Preconstruction Services Agreement
Exhibit D, Schedule of CBE Participation
Page 1
EXHIBIT E – WORK AUTHORIZATION CONTRACT ADMINISTRATOR’S AWARD
AUTHORITY
Form Below Is A Representative Sample Subject To Change:
Preconstruction Services Agreement
Exhibit E, Work Authorization (Contract Administrator)
Page 1
EXHIBIT F-1 – WORK AUTHORIZATION PURCHASING DIRECTOR AWARD
AUTHORITY
Form Below Is A Representative Sample Subject To Change
Preconstruction Services Agreement
Exhibit F-1, Work Authorization (Purchasing Director)
Page 1
EXHIBIT F-2 – WORK AUTHORIZATION BOARD AWARD AUTHORITY
Form Below Is A Representative Sample Subject To Change
Preconstruction Services Agreement
Exhibit F-2, Work Authorization (Board)
Page 1
Exhibit G
CBE Participation Performance Report
Periodic reporting for CBE participation in the Project shall be reported on a form similar to that reproduced
below. The Contract Administrator will provide CONTRACTOR with forms and/or electronic media versions
of the CBE Performance Report form upon initiation of the project and will update Contractor as that
form/media is modified from time to time by COUNTY.
Preconstruction Services Agreement
Exhibit G - CBE Participation Performance Report
Page 1
CAF 112 – Library Bond Program
Preconstruction Services Agreement
Exhibit G - Work Authorization Form
Page 2