1. No category

Exhibit 1
1 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Solicitation R1324608P1
Broward County's Representative Convention Center
Expansion & Headquarters Hotel
Bid designation: Public
Broward County Board of County Commissioners
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p. 1
Exhibit 1
2 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Bid R1324608P1
Broward County's Representative Convention Center Expansion & Headquarters
Hotel
Bid Number
R1324608P1
Bid Title
Broward County's Representative Convention Center Expansion & Headquarters Hotel
Bid Start Date
In Held
Bid End Date
May 26, 2015 5:00:00 PM EDT
Question &
Answer End Date
May 13, 2015 5:00:00 PM EDT
Bid Contact
Danea Cohen-Ebanks
Purchasing
954-357-6317
[email protected]
Contract Duration
See Specifications
Contract Renewal
Not Applicable
Prices Good for
Not Applicable
Bid Comments
The County is seeking to engage a Broward County's Representative for Convention Center Expansion and
Headquarters Hotel. Refer to the Scope of Work (Exhibit A) located in the Draft Phased Agreement for detailed
information on the Project.
The objective of this agreement is to obtain a Broward County's Representative for Convention Center
Expansion and Headquarters Hotel to provide support services on behalf of the County in its efforts to acquire
some or all of the following; financing, design, construction, operation and maintenance from a qualified
Developer for the Project. The Broward County's Representative for Convention Center Expansion and
Headquarters Hotel may assist with land use, zoning and jurisdictional reviews and processes, cost
projections, incidental design not related to primary facility design, design review and construction support,
construction administration and procurement support activities for the Project. The Project is intended to be
at the site of the existing Broward County Convention Center, 1950 Eisenhower Boulevard, Fort Lauderdale, FL
33316. The County may use the services of the Broward County's Representative for Convention Center
Expansion and Headquarters Hotel to assist in the evaluation and selection of alternate site(s) and further
develop the project or portions thereof on an alternate site to allow the proposed project program to be more
fully realized.
Refer to Conflict of Interest per Special Instructions to Vendors, Section J.
This solicitation includes participation goals for Broward County certified County Business Enterprises. Refer to Special
Instructions to Vendors and the Office of Economic and Small Business Development Requirements for additional information.
County/State License Requirements: In order to be considered a responsive and responsible Vendor for the scope of work
set forth in this solicitation, the Vendor must possess a specified licenses at the time of submittal (refer to Special Instructions to
Vendors for requirements).
Questions and Answers: Vendors must submit questions through the Question and Answer Section (in BidSync).
Item Response Form
Item
R1324608P1--01-01 - Broward County's Representative Convention Center Expansion & Headquarters
Quantity
1 each
Prices are not requested for this item.
Delivery Location
4/30/2015 11:48 AM
Broward County Board of County Commissioners
Broward County
115 S. Andrews Ave., Room 212
Ft. Lauderdale FL 33301
Qty 1
p. 2
Exhibit 1
3 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Description
Pursuant to Section 21.32, Competitive Sealed Proposals, of the Broward County Procurement Code.
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Exhibit 1
4 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Standard Instructions for Vendors
Request for Letters of Interest, Request for Proposals, or Request for Qualifications
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or
failure to comply with instructions may lead to a Vendor’s submittal being rejected.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder
[Vendor] means a person who has submitted a proposal which conforms in all material respects to
a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required
forms, which contain all required information, signatures, notarizations, insurance, bonding, security,
or other mandated requirements required by the solicitation documents to be submitted at the time
of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a
recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or
Evaluation Committee will determine whether the firm is responsive to the requirements specified
herein. The County reserves the right to waive minor technicalities or irregularities as is in the best
interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement
Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors, for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement Certification
Refer to Lobbyist Registration Requirement Certification . The completed form should
be submitted with the solicitation response but must be submitted within three business days
of County’s request. Vendor may be deemed non-responsive for failure to fully comply within
stated timeframes.
2. Addenda
The County reserves the right to amend this solicitation prior to the due date. Any change(s)
to this solicitation will be conveyed through the written addenda process. Only written
addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and
submit required information, forms, or acknowledge addendum, as instructed therein. It is the
responsibility of all potential Vendors to monitor the solicitation for any changing information,
prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County
Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to
perform the contract requirements, and the integrity and reliability which will assure good faith
performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of
a Vendor’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is
not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a
recommendation by the Director of Purchasing that the Vendor is non-responsible.
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Exhibit 1
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Broward County Board of
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Bid R1324608P1
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or
resolved during the last three (3) years prior to the solicitation response due date, whether
such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or
any predecessor organization. A case is considered to be "material" if it relates, in whole or
in part, to any of the following:
i.
A similar type of work that the vendor is seeking to perform for the County under the
current solicitation;
An allegation of negligence, error or omissions, or malpractice against the vendor or any
of its principals or agents who would be performing work under the current
solicitation;
A vendor's default, termination, suspension, failure to perform, or improper performance
in connection with any contract;
The financial condition of the vendor, including any bankruptcy petition (voluntary and
involuntary) or receivership; or
A criminal proceeding or hearing concerning business-related offenses in which the
vendor or its principals (including officers) were/are defendants.
ii.
iii.
iv.
v.
b. For each material case, the Vendor is required to provide all information identified on the
Litigation History Form.
c.
The County will consider a Vendor's litigation history information in its review and
determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture
and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the
County and any of the Vendor's subcontractors/subconsultants proposed to work on this
project.
f. Failure to disclose any material case, or to provide all requested information in connection
with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal
in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The
financial statements are not required to be audited financial statements. The annual financial
statements will be in the form of:
i.
ii.
iii.
Balance sheets, income statements and annual reports; or
Tax returns; or
SEC filings.
c. If a Vendor has been in business for less than the number of years of required financial
statements, then the Vendor must disclose all years that the Vendor has been in business,
including any partial year-to-date financial statements.
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Exhibit 1
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Broward County Board of
County Commissioners
Bid R1324608P1
d. The County may consider the unavailability of the most recent year’s financial statements and
whether the Vendor acted in good faith in disclosing the financial documents in its
evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of
submittal. Refer to Standard Instructions to Vendors, Public Records and Exemptions
and to Submission of Sealed Submittals for instructions on submitting confidential financial
statements. The Vendor’s failure to provide the information as instructed may lead to the
information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure
to either provide the financial documentation or correctly assert a confidentiality claim
pursuant the Florida Public Records Law and the solicitation requirements (Public Record
and Exemptions section) may result in a recommendation of non-responsiveness by the
Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good
standing with the Florida Secretary of State. For further information, contact the Florida
Department of State, Division of Corporations.
b. The County will review the Vendor’s business status based on the information provided in
response to this solicitation.
c. It is the Vendor’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document
Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the
authority to transact business in the State of Florida or show evidence of application for the
authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a
submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in
good standing throughout the contractual period of performance.
C. Additional Information and Certifications
The following forms and supporting information (if applicable) should be returned with Vendor’s
submittal. If not provided with submittal, the Vendor must submit within three business days of
County’s request. Failure to timely submit may affect Vendor’s evaluation.
1. Vendor Questionnaire
Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications
Vendor is required to certify to the below requirements. Refer to the Standard Certifications
and submit as instructed.
a. Cone of Silence Requirement Certification
b. Drug -Free Workplace Certification
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Exhibit 1
7 of 101
Broward County Board of
Bid R1324608P1
County Commissioners
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c. Non-Collusion Certification
d. Public Entities Crimes Certification
e. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement
The Vendor shall submit a listing of all subcontractors, subconsultants, and major material
suppliers, if any, and the portion of the contract they will perform. Vendors must follow the
instructions included on the Subcontractors/Subconsultants/Suppliers Information Form
and submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s
Agreement shall be considered a part of a Vendor’s submittal and will be considered by the
Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as
disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it
is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying
a section or article number is not sufficient to state an exception. Provide either a redlined
version of the specific change(s) or specific proposed alternative language. Additionally, a brief
justification specifically addressing each provision to which an exception is taken should be
provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County.
Furthermore, taking exceptions to the County’s terms and conditions may be viewed unfavorably
by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a
Vendor’s submittal.
E. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for this
project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is
necessary to submit certificates indicating that the Vendor currently carries the insurance or to
submit a letter from the carrier indicating it can provide insurance coverages.
F. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria.
The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the
information it has previously submitted. The County reserves the right to request additional
information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Evaluation Criteria identifies points available; a total of 100 points is available.
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Exhibit 1
8 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
b. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is
determined by applying the following formula:
(Lowest Proposed Price/Vendor’s Price) x (Maximum Number of Points for Price)
= Price Score
c. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i.
ii.
Rank shortlisted firms; or
If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
G. Demonstrations
If applicable, as indicated in Special Instructions to Vendors, Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a
description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard
copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the
demonstration meeting to retain in the Purchasing files.
H. Presentations
If applicable, as indicated in Special Instructions to Vendors, all Vendors that are found to be both
responsive and responsible to the requirements of the solicitation will have an opportunity to make
an oral presentation to the Selection or Evaluation Committee on the Vendor’s approach to this
project and the Vendor’s ability to perform. The committee may provide a list of subject matter for
the discussion. All Vendor’s will have equal time to present but the question-and-answer time may
vary.
I. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to
functionally integrate art, when applicable, into capital projects and integrate artists’ design concepts
into this improvement project. The Vendor may be required to collaborate with the artist(s) on design
development within the scope of this request. Artist(s) shall be selected by Broward County through
an independent process. For additional information, contact the Broward County Cultural Division.
J. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation
Committee appointment and for County Commissioners and Commission staff at the time of the
Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation
Committee. The committee members appointed for this solicitation are available on the Purchasing
Division’s website under Committee Appointment.
K. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions,
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Broward County Board of
Bid R1324608P1
County Commissioners
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request clarification, or require additional information of any Vendor’s submittal or proposal. It is
highly recommended Vendors attend to answer any committee questions (if requested) including a
representative of the Vendor that has the authority to bind.
Vendor’s answers may impact evaluation (and scoring, if applicable). Upon written request to the
Purchasing Agent prior to the meeting, a conference call number will be made available for Vendors
to participate via teleconference. Only Vendors that are found to be both responsive and responsible
to the requirements of the solicitation are requested to participate in a final (or presentation)
Selection or Evaluation committee meeting.
L. Vendor Questions
Any questions concerning the instructions, specifications, or requirements of this solicitation shall be
directed in writing to the Purchasing Division by the deadline listed in the solicitation. Vendors should
submit questions regarding this solicitation through the “Q&A” section on BidSync. Questions will be
routed to the Purchasing Agent for review; answers will be posted through BidSync or through an
addendum issued through BidSync. No interpretation(s) shall be considered binding unless provided
to all Vendors in writing.
M. Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all
response submittals become "public records" and shall be subject to public disclosure
consistent with Chapter 119, Florida Statutes.
2. Any Vendor that intends to assert any materials to be exempted from public disclosure under
Chapter 119, Florida Statutes must submit the document(s) in a separate document labeled
"Name of Vendor, Attachment to Proposal Package, Solicitation No. # - Confidential Matter."
The Vendor must identify the specific statute and subsection that authorizes the exemption
from the Public Records law. CD/DVD discs or flash drives included in the submittal must
also comply with this requirement and separate any files claimed to be confidential.
3. Failure to provide this information at the time of submittal and in the manner required above
may result in a recommendation by the Director of Purchasing that the Vendor is nonresponsive.
4. Except for the materials submitted in compliance with the forgoing, any claim of confidentiality
on materials that the Vendor asserts to be exempt and placed elsewhere in the submittal will
be considered waived by the Vendor.
5. Submitting confidential material may impact full discussion of your submittal by the Selection
or Evaluation Committee because the Committee will be unable to talk about the details of
the confidential material(s) at the public Sunshine meeting.
N. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes.
Copyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will
allow the County to make paper and electronic copies necessary for the use of County staff and
agents. Therefore, such material will be subject to viewing by the public, but copies of the material
will not be provided to the public.
O. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of
state and/or local preferences, such preferences contained in the Local Preference Ordinance
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Exhibit 1
10 of 101
Broward County Board of
Bid R1324608P1
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and Broward County Procurement Code will not be applied in the procurement process.
P. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a
local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the
preference area will become the Vendor with whom the County will proceed with negotiations for a
final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
Q. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria
shall be applied based upon the information provided in the Vendor's response to the solicitation. In
order to receive credit for any tiebreaker criterion, complete and accurate information must be
contained in the Vendor’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker);
2. Domestic Partnership Act Certification (Requirement and Tiebreaker);
3. Tiebreaker Criteria Form: Volume of Work Over Five Years
R. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all
solicitations and contract award results. It is the obligation of each Vendor to monitor the website in
order to obtain complete and timely information.
S. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s).
The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for
the committee members. Agency staff prepares a report, including a matrix of responses
submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information
and makes a recommendation to the Selection or Evaluation Committee as to each Vendor’s
responsiveness to the requirements of the solicitation. The final determination of responsiveness
rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to
receive a particular award. The awarding authority may consider the following factors, without
limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or
order by a court or administrative hearing officer or tribunal of competent jurisdiction that the
Vendor has breached or failed to perform a contract, claims history of the Vendor, performance
history on a County contract(s), an unresolved concern, or any other cause under this code and
Florida law for evaluating the responsibility of an Vendor.
T. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural
requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract
and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements
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Exhibit 1
11 of 101
Broward County Board of
Bid R1324608P1
County Commissioners
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must be made and received by the County within seven business days from the posting of
the solicitation or addendum on the Purchasing Division’s website. Such protest must be
made in writing to the Director of Purchasing. Failure to timely protest solicitation
specifications or requirements is a waiver of the ability to protest the specifications or
requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the
Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and
received by the Director of Purchasing within five business days from the posting of the
recommendation of award for Invitation to Bids or the final recommendation of ranking for
Request for Letters of Interest and Request for Proposals on the Purchasing Division's
website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in
connection with the proposed award of a contract which does not exceed the amount of the
award authority of the Director of Purchasing, may protest to the Director of Purchasing. The
protest shall be submitted in writing and received within three (3) business days from the
posting of the recommendation of award for Invitation to Bids or the final recommendation of
ranking for Request for Letters of Interest and Request for Proposals on the Purchasing
Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between
8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a
proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be
limited to protests based upon the alleged deviations from established committee
procedures set forth in the Broward County Procurement Code and existing written
guidelines. Any allegations of misconduct or misrepresentation on the part of a competing
Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a
nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount
$30,000 - $250,000
$250,001 - $500,000
$500,001 - $5 million
Over $5 million
Filing Fee
$ 500
$1,000
$3,000
$5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the
County’s estimated contract price for the project. The County may accept cash, money
order, certified check, or cashier ’s check, payable to Broward County Board of
Commissioners.
U. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a
substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or
Evaluation Committee’s determination of responsiveness may appeal the determination pursuant to
Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar
days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a
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Broward County Board of
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County Commissioners
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Vendor having standing to protest and must comply with all other requirements of this
section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the
institution and filing of any civil action against the County concerning the subject matter of the
appeal.
V. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best
interests of the County. The rejection shall be made by the Director of Purchasing, except when a
solicitation was approved by the Board, in which case the rejection shall be made by the Board.
W. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of
the final ranking as recommended by the Selection or Evaluation Committee. At least one of the
representatives for the Vendor participating in negotiations with the County must be authorized to
bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe
(notification will be provided to the Vendor) an impasse will be declared and negotiations with the
first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such
time that all requirements of Broward County Procurement Code have been met.
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Exhibit 1
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Broward County Board of
County Commissioners
Bid R1324608P1
Special Instructions to Vendors
Broward County’s Representative for Convention Center
Expansion and Headquarters Hotel
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or
failure to comply with instructions may lead to a Vendor’s submittal being rejected.
A. Additional Responsiveness Criteria:
In addition to the requirements set forth in the Standard Instructions to Vendors, the following
criteria shall also be evaluated in making a determination of responsiveness:
1. Licensing – in order to be considered a responsive Vendor for the scope of work, the Vendor
shall possess the following licenses (including any specified State registration, if applicable)
at the time of submittal:
The Prime must possess a Florida Certified General Contractor license or Registered
Architect or Professional Engineer license.
The Team must possess the following licenses or certifications:
Licenses:
Certified General Contractor (State of Florida)
Registered Architect (State of Florida)
Registered Landscape Architect (State of Florida)
Professional Engineers (State of Florida)
Professional Land Surveyor (State of Florida)
Certifications:
LEED AP BD+C
Commissioning Agent (CSx)
Proof of required licensing or certification should be submitted with RFP submittal; if not
included, it must be submitted within five (5) business days after request by the County.
A Joint Venture is required to provide evidence with its response that the Joint Venture, or at
least one of the Joint Venture partners, holds the specified license, if applicable, as per
Special Instructions to Vendors, issued either by the State of Florida or Broward County. If
not submitted with its response, the Joint Venture is required to provide evidence prior to
contract execution that the Joint Venture holds the specified license issued either by the
State of Florida or Broward County.
B. Additional Responsibility Criteria:
In addition to the requirements set forth in the Standard Instructions to Vendors, the following
criteria shall also be evaluated in making a determination of responsibility:
1. Office of Economic and Small Business Development Program
This solicitation has the following County Business Enterprise Goals: 15.5 % CBE Goals.
Vendors must follow the instructions included in the Office of Economic and Small
Business Development Requirements section and submit all required forms and
information as instructed.
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Exhibit 1
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Broward County Board of
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Bid R1324608P1
The CBE goal established for this project will be applicable to the entire agreement,
including amendments on the total project, with the exception of Phase I.
In response to this Step One solicitation, Vendor should submit a Contractor Assurance
Statement on company letterhead, signed by the owner or authorized company
representative, affirming that company will comply with the County’s non-discrimination
policy, acknowledge the percentage goal established on the project and, agree to engage
in good faith effort solicitation of approved Broward County Small Business Development
Program firms to achieve the project goals stated Special Instructions to Vendors.
C. Standard Agreement Language Requirements:
The applicable Agreement terms and conditions for this solicitation are included in this
solicitation packet labeled “Draft Phased Agreement for Broward County’s Representative
Services for Convention Center Expansion and Headquarters Hotel.”
Refer to Standard Instructions for Vendors and the requirements to review the applicable
terms and conditions (and submission of the Agreement Exception Form).
D. Presentations:
Applies to this solicitation. Refer to Standard Instructions to Vendors for additional information
and requirements.
E. Procurement Authority:
Pursuant to Section 21.32, Competitive Sealed Proposals, of the Broward County Procurement
Code.
F. Project Funding Source - this project is funded in whole or in part by:
County Funds
G. Projected Schedule:
Initial Shortlisting or Evaluation Meeting (Sunshine Meeting): TBD
Final Evaluation Meeting (Sunshine Meeting): TBD
Check this website for any changes to the above tentative schedule for Sunshine Meetings:
http://www.broward.org/Commission/Pages/SunshineMeetings.aspx.
H. Project Manager Information:
Project Manager: Jack Shim, Project Manager IV, Construction Management Division,
Public Works Department
Email: [email protected]
Vendors are requested to submit questions regarding this solicitation through the “Q&A” section
on BidSync; answers are posted through BidSync.
I.
Submittal Instructions:
1. Vendor should submit ten (10) total printed copies (hard copies) of its response and ten (10)
CDs or flash drives of its response. Do Not Submit Electronic Copies Through BidSync.
2. Vendor should provide Evaluation Criteria responses in both Microsoft Word and PDF
formats.
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p. 14
Exhibit 1
15 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
3. Vendor must refer to Submission of Sealed Submittals for detailed submittal instructions.
J. Conflict of Interest:
The following Conflict of Interest Statement shall apply to services performed related to the
Broward County Convention Center Expansion and Headquarters Hotel:
1. It is a conflict for a Vendor, or any Affiliate or subconsultant/subcontractor on any tier,
providing any professional design services to perform any Broward County’s Representative
for Convention Center Expansion and Headquarters Hotel services for the County on any
construction work that is based upon the Vendor’s own design.
2. It is a conflict for a Vendor, or any Affiliate or subconsultant/subcontractor on any tier,
providing any professional design services to perform any Quality Assurance Materials
Testing (QAMT) related to the Vendor’s work.
3. It is a conflict for a Vendor, or any Affiliate or subconsultant/subcontractor on any tier,
providing any professional design services to perform any Laboratory Testing, LEED
services, Threshold Inspection services or Preconstruction services related to the Vendor’s
work.
For purposes of this Conflict of Interest Statement, an entity will be considered an Affiliate of
another entity, if the entity has the power to control, or is controlled by another entity, or an
identity of interest exists between the entity and another entity. In determining whether there
is an identity of interest or whether an entity is an Affiliate of another entity, common
ownership, common management, common control, and contractual relationships (to the
extent they demonstrate Affiliate status), as well as other factors may be considered by the
County.
The County reserves the right to evaluate potential conflicts of interest that could, from the
County's perspective, present a conflict in the performance of this Project. Further, the County
reserves the right, in its sole discretion, to render final decisions on the eligibility of a particular
respondent to a County solicitation to be considered for an award of a contract, in a manner that
is consistent with the County's best interest.
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p. 15
Exhibit 1
16 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Evaluation Criteria
Broward County’s Representative for Convention Center Expansion and Headquarters Hotel
1. Ability of Professional Personnel:
1.1
Describe the qualifications and relevant experience of the Broward County’s
Representative for Convention Center Expansion and Headquarters Hotel and all key
personnel that are intended to be assigned to this project. Include resumes for all key
personnel described. Include the qualifications and relevant experience of all
subconsultants’ key personnel to be assigned to this project.
a) Describe knowledge and experience in convention center and hotel project
management, construction management, urban redevelopment, financing, ground
lease terms, planning, design, construction, project electronic filing, maintenance
systems/processes, operations and maintenance.
b) Describe experience and provide specific examples of developing and implementing
partnership agreements for convention center and hotel projects, and any other
similar type projects working with a Developer to support developments as described
in the Scope of Work. The support will be in the parking, open areas, waterfront,
retail, entertainment and other mixed-use developments.
c) Describe
experience
and
provide
specific
examples
of
project
management/construction management services related to successful Development
Review Impact (DRI) documents, land use, zoning and jurisdictional reviews and
processes. Identify role in the provided examples.
d) Describe familiarity with issues and conditions for convention center operations, port
operations, tenant operations, urban scale projects, infrastructure, intermodal
transportation, parking, security and any other key issues.
e) Describe the team’s experience in the fields of construction management,
architecture, engineering, and any other professional activity.
1.2
For all identified prime and subcontractors’ key personnel, identify the address of the
office where the cited key personnel are physically located. Include an Organizational
Chart showing how prime’s key personnel and subconsultants will be utilized for the
fulfillment of the scope of work.
1.3
Provide a list of the Team’s key personnel who possess the required licenses and
certifications. List by license requirement (or certification), then by individual’s name, firm
name, and license/certification number (if applicable).
Licenses:
Certified General Contractor (State of Florida)
Registered Architect (State of Florida)
Registered Landscape Architect (State of Florida)
Professional Engineers (State of Florida)
Professional Land Surveyor (State of Florida)
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p. 16
Exhibit 1
17 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Certifications:
LEED AP BD+C
Commissioning Agent (CSx)
Points Value: 35
2. Project Approach:
Describe the prime Vendor’s approach to the project. Include how the prime Vendor will use
subconsultants in the project. Include a project planning narrative outlining the use of various
subconsultants throughout the project.
Describe how your team could provide the following services:
a. General Contractor/ Broward County’s Representative – budgeting and scheduling
b. Architectural peer reviews
c. Engineering services – MEP (mechanical, electrical, plumbing), Civil, Structural,
Environmental, Land Surveyor, Landscape Architect
d. Testing and Inspection services
e. Cost projections for design and construction activities
f. LEED AP and Commissioning (CSX)
g. Land Planning, zoning, DRI, site plan and other jurisdictional approvals
h. Value Engineering
i. Constructability Reviews
j. Building Information Modeling and/or virtual design and construction
Points Value: 25
3. Past Performance:
Describe prime Vendor’s construction management experience over the past ten (10) years on
projects of similar nature, scope and duration, and provide evidence of satisfactory completion
and whether the project was completed both on time and within budget for the types of projects
identified below:
a. Headquarters hotel projects: AAA rated 4-Diamond full service hotels with approximately
500 rooms or larger.
b. Convention center projects
For both (a) and (b), please indicate whether the project was a new construction/facility, an
expansion or a major renovation project.
Vendor should also identify any of the following elements in describing construction
management experience of above projects (i and ii) in projects listed:
i.
ii.
iii.
iv.
v.
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Large facility or arena projects;
Parking facilities;
Retail projects;
Urban development infrastructure.
Other elements including but not limited to waterfront developments, mixed-used
projects, or constrained site work.
p. 17
Exhibit 1
18 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
For each of the projects, identify the following information:
c. Did the project use Building Information Modeling (BIM)
d. Did the project attain LEED certification (indicate level if achieved), or was it in
accordance with LEED.
Provide references for a minimum of three projects listing contact name, email, phone and
address. Vendor should provide references for similar work performed to show evidence of
qualifications and previous experience. Only provide references for non-Broward County Board
of County Commissioners contracts. For Broward County contracts, the County will review
performance evaluations in its database for vendors with previous or current contracts with the
County. The County considers references and performance evaluations in the evaluation of
Vendor’s past performance.
Points Value: 25
4. Location:
Refer to Vendor’s Business Location Attestation Form and submit as instructed.
Points Value: 5
A Vendor with a principal place of business location (also known as the nerve center) within
Broward County for the last six months, prior to the solicitation submittal, will receive five points;
a Vendor not meeting all of the local business requirements will receive zero points. The
following applies for a Vendor responding as a Joint Venture (JV): if a member of the JV has
51% or more of the equity and meets all of the local business requirements, the JV will receive
three points; if a member of the JV has 30 to 50% of the equity and meets all of the local
business requirements, the JV will receive two points; and if a member of the JV has 10% to
29% of the equity and meets all of the local business requirements, the JV will receive one
point.
5. Workload of the Firm:
For the prime Vendor only, list all completed and active projects that Vendor has managed
within the past five years. In addition, list all projects that Vendor will be working on in the near
future. Identified projects will be defined as a project(s) that Vendor is awarded a contract but
the Notice to Proceed has not been issued. Identify any projects that Vendor worked on
concurrently. Describe Vendor’s approach in managing these projects. Were there or will there
be any challenges for any of the listed projects? If so, describe how Vendor dealt or will deal
with the projects’ challenges.
Points Value: 5
6. Willingness to Meet Time and Budget Requirements:
In general, please explain your firm’s approach in meeting “project specific” time and budget
requirements and indicate whether your firm is committed to meet these requirements when
identified under this contract.
Points Value: 2
7. Volume of Previous Work:
Refer to Volume of Previous Work Attestation Form and the Volume of Previous Work
Attestation Joint Venture Form and submit as instructed.
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Exhibit 1
19 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Points Value: 3
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by
Broward County Board of County Commissioners at the time of the solicitation opening date
within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor
previously awarded a contract as a member of a Joint Venture firm is based on the actual equity
ownership of the Joint Venture firm. Three points will be allocated to Vendors paid $0 $3,000,000); 2 Points will be allocated to Vendors paid $3,000,001 - $7,500,000; 1 Point will be
allocated to Vendors paid $7,500,001 - $10,000,000; 0 Points will be allocated to Vendors paid
over $10,000,000). Payments for prime Vendor will be verified by the Purchasing Division.
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p. 19
Exhibit 1
20 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
PHASED AGREEMENT BETWEEN BROWARD COUNTY AND
FIRM’S NAME
_________________________________
FOR BROWARD COUNTY’S REPRESENTATIVE SERVICES FOR
BROWARD COUNTY CONVENTION CENTER EXPANSION AND
HEADQUARTERS HOTEL
(RFP No. R1324608P1)
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p. 20
Exhibit 1
21 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
INDEX
ARTICLE
PAGE
1
DEFINITIONS AND IDENTIFICATIONS ........................................................................ 3
2
PREAMBLE……………………………………………………………………………………. 4
3
SCOPE OF SERVICES ................................................................................................ 4
4
TIME FOR PERFORMANCE; DEVELOPER DAMAGES ............................................. 5
5
COMPENSATION .......................................................................................................... 7
6
OPTIONAL AND ADDITIONAL SERVICES AND CHANGES IN SCOPE OF
SERVICES .................................................................................................................. 12
7
COUNTY’S RESPONSIBILITIES ................................................................................. 14
8
INSURANCE ................................................................................................................ 15
9
EEO AND CBE COMPLIANCE ................................................................................... 16
10 MISCELLANEOUS ...................................................................................................... 19
EXHIBIT "A" SCOPE OF SERVICES
Attachment 1:
Project Schedule
Attachment 2:
Electronic Media Submittal Requirements
Attachment 2A:
BIM Standards of Care
Attachment 3:
Architectural Program
Attachment 4:
Preliminary Project Budget
EXHIBIT "B"
SALARY COSTS
AMENDED EXHIBIT "B" SALARY COSTS
EXHIBIT "C"
LETTERS OF INTENT
EXHIBIT "C-1"
SCHEDULE OF SUBCONSULTANT PARTICIPATION
EXHIBIT "D"
INSURANCE CERTIFICATE
EXHIBIT "E"
CONTRACTORS LETTER OF ASSURANCE (CBE)
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p. 21
Exhibit 1
22 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
This is a Phased Agreement ("Agreement"), made and entered into by and between
Broward County, a political subdivision of the State of Florida ("County") and
________________________________, a _____ corporation ("Broward County’s
Representative") (collectively referred to as the "Parties").
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1. DEFINITIONS AND IDENTIFICATIONS
For purposes of this Agreement, reference to one gender shall include the other, use of
the plural shall include the singular, and use of the singular shall include the plural. The
following definitions and identifications set forth below apply unless the context in which
the word or phrase is used requires a different definition:
1.1
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.
1.2
Contract Administrator: The Director of Construction Management Division, or
Assistant Director of Construction Management Division, who is the representative of
the County concerning the Project. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely upon instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Services.
1.3
County Administrator: The administrative head of County pursuant to Sections
3.02 and 3.03 of the Broward County Charter.
1.4
County Attorney: The chief legal counsel for County who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward
County Charter.
1.5
County Business Enterprise or "CBE": 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 Office of Economic
and Small Business Development.
1.6
Developer: An entity comprised of a team of professionals including but not
limited to contractors, construction managers, design professionals, financing
professionals, operations and maintenance professionals who will be responsible for
providing the County with a turn-key project as described in the Scope of Work.
1.7
Notice To Proceed: A written authorization to proceed with the Project, phase,
or task thereof, issued by the Contract Administrator.
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Exhibit 1
23 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
1.8
Broward County’s Representative: means the firm retained by the County to
provide a broad range of construction management services on the Project.
1.9
Project: Broward County Convention Center Expansion and Headquarters Hotel
as described in Article 3 and Exhibit “A”, Scope of Services.
1.10 Subconsultant: A firm, partnership, corporation, independent Construction
Project Manager (including 1099 individuals), or combination thereof providing services
to the County through the Broward County’s Representative for all or any portion of the
advertised work or who furnishes skills or materials worked into a special design
according to the plans and specifications for such work, but not those who merely
furnish equipment or materials required by the plans and specifications.
ARTICLE 2. PREAMBLE
In order to establish the background, context, and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties hereto,
the following statements, representations, and explanations shall be accepted as
predicates for the undertakings and commitments included within the provisions which
follow and may be relied upon by the parties as essential elements of the mutual
considerations upon which this Agreement is based.
2.1
County has budgeted funds for the Project. This Project is funded with capital
funds. (County, U.S. Housing & Urban Development, Block Grant, etc.)
2.2
Negotiations pertaining to the services to be performed by Broward County’s
Representative were undertaken with Broward County’s Representative, and this
Agreement incorporates the results of such negotiations.
ARTICLE 3. SCOPE OF SERVICES
3.1
The Broward County’s Representative shall provide owner’s representative
services to assist the County in the selection of a developer who may enter into an
agreement or agreements with the County for this project. Broward County’s
Representative services shall consist of multiple phases set forth in Exhibit A, attached
hereto and made a part hereof, and shall include architectural, civil, structural,
mechanical, and electrical engineering, services, estimating, financing analyses,
scheduling and other professional, design services or otherwise, as applicable for the
Project. Broward County’s Representative 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 Broward County’s Representative level of
effort. The agreement is a deliberately phased agreement. Future phases may be
added pursuant to Article 6 or by amendment to the Agreement.
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Exhibit 1
24 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
3.2
The Scope of Services does not delineate every detail and minor work task
required to be performed by Broward County’s Representative to complete the Project.
If, during the course of the performance of the services included in this Agreement,
Broward County’s Representative determines that work should be performed to
complete the Project which is in Broward County’s Representative's opinion outside the
level of effort originally anticipated, whether or not the Scope of Services identifies the
work items, Broward County’s Representative shall notify Contract Administrator in
writing in a timely manner before proceeding with the work. If Broward County’s
Representative 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 Broward County’s Representative
to perform the work. Performance of work by Broward County’s Representative outside
the originally anticipated level of effort without prior written County approval is at
Broward County’s Representative sole risk.
3.3
Exhibit A is for services related to the Project and that additional negotiations will
be required for subsequent phases or for additional services except as otherwise
provided herein.
County and Broward County’s Representative may negotiate
additional scopes of services, compensation, time of performance, and other related
matters for future phases of Project. If County and Broward County’s Representative
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.
3.4
Broward County’s Representative shall pay its subconsultants, CBE
subconsultants and suppliers, within fifteen (15) days following receipt of payment from
County for such subcontracted work or supplies. Broward County’s Representative
agrees that if it withholds an amount as retainage from subconsultants, or suppliers that
it will release such retainage and pay same within fifteen (15) days following receipt of
payment of retained amounts from County.
ARTICLE 4. TIME FOR PERFORMANCE;
DEVELOPER DAMAGES; LIQUIDATED DAMAGES
4.1
Broward County’s Representative shall perform the services described in Exhibit
A within the time periods specified in the Project Schedule included in Exhibit A; said
time periods shall commence from the date of the Notice to Proceed for such services.
4.2
Prior to beginning the performance of any services under this Agreement,
Broward County’s Representative must receive a Notice to Proceed. Broward County’s
Representative must receive a Notice to Proceed from the Contract Administrator prior
to beginning the performance of services in any subsequent phases of this Agreement.
Prior to granting approval for Broward County’s Representative to proceed to a
subsequent phase, the Contract Administrator may, at his or her sole option, require
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Exhibit 1
25 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Broward County’s Representative to submit the itemized deliverables and documents
identified in Exhibit A for the Contract Administrator's review.
4.3
In the event Broward County’s Representative is unable to complete the above
services because of delays resulting from untimely review by County or other
governmental authorities having jurisdiction over the Project, and such delays are not
the fault of Broward County’s Representative, or because of delays which were caused
by factors outside the control of Broward County’s Representative, County shall grant a
reasonable extension of time for completion of the services and shall provide
reasonable compensation, if appropriate. It shall be the responsibility of Broward
County’s Representative to notify the Contract Administrator promptly in writing
whenever a delay in approval by a governmental agency is anticipated or experienced,
and to inform the Contract Administrator of all facts and details related to the delay.
4.4
In the event Developer fails to substantially complete the Project on or before the
substantial completion date specified in its agreement with County or if Developer is
granted an extension of time beyond said substantial completion date, and Broward
County’s Representative services are extended beyond the substantial completion date,
through no fault of Broward County’s Representative, Broward County’s Representative
shall be compensated in accordance with Article 5 for all services rendered by Broward
County’s Representative beyond the substantial completion date.
4.5
In the event Developer fails to substantially complete the Project on or before the
substantial completion date specified in its agreement with County, and the failure to
substantially complete is caused in whole or in part by Broward County’s
Representative, then Broward County’s Representative shall pay to County its
proportional share of any claim or damages to Developer arising out of the delay. By
reference hereto, the provisions for the computation of delay costs/damages and any
amounts included therein, whether direct or indirect, in the agreement between the
Developer and County are incorporated herein. This provision shall not affect the rights
and obligations of either party as set forth in Section 10.7, Indemnification of County.
4.6
NOT USED.
4.7
In the event services are scheduled to end due to the expiration of this
Agreement, the Broward County’s Representative agrees that it shall continue service
upon the request of the Contract Administrator. The extension period shall not extend
for greater than three months beyond the term of the Agreement. The Broward County’s
Representative shall be compensated for the service at the rate in effect when the
extension is invoked by the County upon the same terms and conditions as contained in
this Agreement as amended. The Purchasing Director shall notify Broward County’s
Representative of an extension authorized herein by written notice delivered prior to the
end of the term of the Agreement.
ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT
5.1
AMOUNT AND METHOD OF COMPENSATION
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Exhibit 1
26 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
5.1.1 Maximum Amount Not-To-Exceed Compensation.
Compensation to
Broward County’s Representative for the performance of Basic Services
identified in Exhibit A as payable on a "Maximum Amount Not-To-Exceed" basis,
and as otherwise required by this Agreement, shall be based upon the Salary
Costs as described in Section 5.2 up to a maximum amount not-to-exceed of $
. Broward County’s Representative shall perform all services designated
as Maximum Amount Not-To-Exceed set forth herein for total compensation in
the amount of or less than that stated above.
5.1.2 Lump Sum Compensation.
Compensation to Broward County’s
Representative for the performance of all Basic Services identified in Exhibit A
as payable on a “Lump Sum” basis, and as otherwise required by this
Agreement, shall be not more than a total lump sum of $___________.
5.1.3 Optional Services. County has established an amount of $___________
for potential Optional Services which may be utilized pursuant to Article 6.
Unused amounts of these Optional Services monies shall be retained by County.
A Work Authorization for Optional Services shall specify the method of payment,
Maximum Amount Not-To-Exceed, Lump Sum or combination thereof, applicable
to that Work Authorization.
5.1.4 Reimbursable Expenses. County has established a maximum amount notto-exceed of $___________ for potential reimbursable expenses which may be
utilized pursuant to Section 5.3. Unused amounts of those monies established for
reimbursable expenses shall be retained by County.
5.1.5 Salary Rate. The maximum hourly rates payable by County for each of
Broward County’s Representative's employee categories are shown on Exhibit B
and are further described in Section 5.2. County shall not pay Broward County’s
Representative any additional sum for reimbursable expenses, additional or
optional services, if any, unless otherwise stated in Section 5.3 and Article 6.
If, for services designated as payable on a Maximum Amount Not-To-Exceed,
Broward County’s Representative has "lump sum" agreements with any
subconsultant(s), then Broward County’s Representative shall bill all "lump sum"
subconsultant fees with no "markup."
Likewise, Broward County’s
Representative shall bill, with no mark-up, all maximum not to exceed
subconsultant fees using the employee categories for Salary Costs on Exhibit B
as defined in Section 5.2 and Reimbursables defined in Section 5.3. All
subconsultant(s) fees shall be billed in the actual amount paid by Broward
County’s Representative.
5.1.6 Phased Payments. Payments for Basic Services shall be paid out
pursuant to the project phasing specified in Exhibit A and in accordance with the
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Exhibit 1
27 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
percentage amount set forth below. The retainage amount set forth in Section 5.5
shall be applied to the percentage amount for each phase stated herein.
Project Phase
Fee %
Fee Amount/Phase
Phase I – Step III (Procurement
process) Review and analysis
%
$_________
Phase II – Pre-development
Agreement Phase
%
$ _________
Phase III – Developer’s Agreement
Phase
%
$ _________
%
$_________
Total Fee
5.1.7 The dollar limitation set forth in Sections 5.1 is a limitation upon, and
describes the maximum extent of, County's obligation to Broward County’s
Representative, but does not constitute a limitation, of any sort, upon Broward
County’s Representative's obligation to incur such expenses in the performance
of services hereunder.
5.2
SALARY COSTS: The term Salary Costs as used herein shall mean the hourly
rate actually paid to all personnel engaged directly on the Project, as adjusted by an
overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an
overhead factor; and 3) an operating profit margin as set forth on Exhibit B. Said Salary
Costs are to be used only for time directly attributable to the project. Fringe benefit and
overhead factors shall be certified by an independent certified public accountant in
accordance with the Federal Acquisition Regulation (“FAR”) guidelines. Said
certification shall be dated within one hundred eighty (180) days after Broward County’s
Representative most recently completed fiscal year.
If the certification for the most recently completed fiscal year is not available at the time
of contracting, the certification shall be provided when it becomes available; provided
however, Broward County’s Representative certifies that the rates and factors set forth
herein are accurate, complete, and consistent with the FAR guidelines at the time of
contracting. If applicable, Exhibit B shall be modified to reflect any reduction in the FAR
audited overhead and fringe benefit rates from the rates provided at the time of
contracting. The modified Exhibit B shall be effective retroactive to the date of execution
of the Agreement, and if applicable, the Broward County’s Representative shall
reimburse the County for any overbilling.
5.2.1 Broward County’s Representative shall require all of its subconsultants to
comply with the requirements of Section 5.2.
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Exhibit 1
28 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
5.2.2 Salary Costs for Broward County’s Representative and subconsultants as
shown in Exhibit B are the Maximum Billing Rates which are provisional, subject
to audit of actual costs, and if the audit discloses that the actual costs are less
than the costs set forth on Exhibit B for the Broward County’s Representative or
any subconsultant the Broward County’s Representative shall reimburse the
County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon
the Broward County’s Representative “home office” rates. Should it become
appropriate during the course of the agreement that a “field office” rate be
applied, then it is incumbent upon the Broward County’s Representative to
submit a supplemental Exhibit B reflective of such rates for approval by Contract
Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any “exempt” or “nonexempt”
personnel shall not exceed forty (40) hours in any week. In no event shall the
Broward County’s Representative be paid additional compensation for exempt
employees. In the event the work requires nonexempt personnel to work in
excess of 40 hours per week (overtime), any additional hours must be authorized
in advance, in writing, by the Contract Administrator. In such an event, Salary
Costs for overtime hours shall be payable at no more than one and one half of
the maximum hourly rate as shown on Exhibit B, adjusted by a multiplier
reflective of applicable overhead and fringe costs, if any, and the agreed upon
operating profit margin.
5.2.5 Broward County’s Representative and any of its subconsultants may
alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of
110% in lieu of providing fringe benefit and overhead cost factors certified by an
independent Certified Public Accountant in accordance with the Federal
Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected,
shall remain in place for the entire term of the Agreement, and be applicable for
use as “home” and “field” fringe benefit and overhead rates, if applicable, and
shall not be subject to audit under this Agreement. All other provisions of Section
5.2 remain in place.
5.3
REIMBURSABLES
5.3.1 In accordance with and pursuant to the Broward County Procurement
Code, direct nonsalary expenses, entitled Reimbursables, directly attributable to
the Project, and as not otherwise specified in Exhibit A, may be charged at actual
cost with prior written approval by the Contract Administrator, and shall be limited
to the following:
a) Transportation expenses, subject to the limitations of Section 112.061,
Florida Statutes to locations outside the Miami-Dade-Broward-Palm Beach
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Broward County Board of
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Bid R1324608P1
County area or from locations outside Miami-Dade-Broward-Palm Beach
County.
b) Per diem, meals and lodgings, taxi fares and miscellaneous
travel-connected expenses for Broward County’s Representative'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 Broward County’s Representative's employees from one of
Broward County’s Representative's offices to another office if the
employee is relocated for more than ten (10) consecutive working days.
c) Cost of printing, reproduction, or photography not included in Exhibit A,
Basic services.
d) Testing costs.
e) All fees paid to regulatory agencies, excluding those permits required
for the Developer.
f) Other miscellaneous expenses.
Reimbursable subconsultant expenses are limited to the items described above
when the subconsultant agreement provides for reimbursable expenses.
5.4
METHOD OF BILLING
5.4.1 For Maximum Amount Not-To-Exceed Compensation under Section 5.1.1.
Broward County’s Representative shall submit billings which are identified by the
specific project number on a monthly basis in a timely manner for all Salary
Costs and Reimbursables attributable to the Project. These billings shall identify
the nature of the work performed, the total hours of work performed, and the
employee category of the individuals performing same. Billings shall itemize and
summarize Reimbursables by category and identify same as to the personnel
incurring the expense and the nature of the work with which such expense was
associated. Where prior written approval by Contract Administrator is required
for Reimbursables, a copy of said approval shall accompany the billing for such
reimbursable. Billings shall also indicate the cumulative amount of CBE
participation to date. The statement shall show a summary of Salary Costs and
Reimbursables with accrual of the total and credits for portions paid previously.
External Reimbursables and subconsultant fees must be documented by copies
of invoices or receipts which describe the nature of the expenses and contain a
project number or other identifier which clearly indicates the expense is
identifiable to the Project. Subsequent addition of the identifier to the invoice or
receipt by Broward County’s Representative is not acceptable except for meals
and travel expenses. Internal expenses must be documented by appropriate
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Broward County Board of
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Bid R1324608P1
Broward County’s Representative's cost accounting forms with a summary of
charges by category. When requested, Broward County’s Representative shall
provide backup for past and current invoices that records hours and Salary Costs
by employee category, Reimbursables by category, and subconsultant fees on a
task basis, so that total hours and costs by task may be determined.
5.4.2 For Lump Sum Compensation under Section 5.1.2. Broward County’s
Representative shall submit billings which are identified by the specific project
number on a monthly basis in a timely manner. These billings shall identify the
nature of the work performed, the phase of work, and the estimated percent of
work accomplished. Billings for each phase shall not exceed the amounts
allocated to said phase. Billings shall also indicate the cumulative amount of
CBE participation to date. The statement shall show a summary of fees with
accrual of the total and credits for portions paid previously. When requested,
Broward County’s Representative 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.
5.5
METHOD OF PAYMENT
5.5.1 County shall pay Broward County’s Representative within thirty (30)
calendar days from receipt of Broward County’s Representative's proper
statement, as defined by County's Prompt Payment Ordinance, ninety percent
(90%) of the total shown to be due on such statement. When the services to be
performed on each phase of the Project are fifty percent (50%) complete and
upon written request by Broward County’s Representative and written approval
by the Contract Administrator that the Project is progressing in a satisfactory
manner, the Contract Administrator, in his or her sole discretion, may authorize
that subsequent payments for each phase may be increased to ninety-five
percent (95%) of the total shown to be due on subsequent statements. No
amount shall be withheld from payments for reimbursables or for services
performed during the construction phase.
5.5.2 Upon Broward County’s Representative's satisfactory completion of each
phase and after the Contract Administrator's review and approval, County shall
remit to Broward County’s Representative that ten percent (10%) or five percent
(5%) portion of the amounts previously withheld. Final payment for the Project
must be approved by the Director of the Broward County Purchasing Division.
5.5.3 Payment will be made to Broward County’s Representative at:
_______________________________________
_______________________________________
_______________________________________
ARTICLE 6. OPTIONAL AND ADDITIONAL SERVICES;
CHANGES IN SCOPE OF SERVICES
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Broward County Board of
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Bid R1324608P1
6.1
County or Broward County’s Representative 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.
6.2
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 5. Additional Services authorized by the Contract Administrator shall include a
required completion date for Broward County’s Representative's performance of those
additional services.
6.3
In the event a dispute between the Contract Administrator and Broward County’s
Representative arises over whether requested services constitute additional services
and such dispute cannot be resolved by the Contract Administrator and Broward
County’s Representative, such dispute shall be promptly presented to County's Director
of Purchasing for resolution. The Director's decision shall be final and binding on the
parties. The resolution shall be set forth in a written document in accordance with
Section 6.1 above, if applicable. During the pendency of any dispute, Broward County’s
Representative shall promptly perform the disputed services.
6.4
Broward County’s Representative may, at the 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
5.1.3. Any Optional Services to be performed by Broward County’s Representative
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. Prior
to issuing a Work Authorization, the Contract Administrator must provide the Office of
the County Attorney with the written description of the work to be undertaken as
required by Section 6.4.4.1 and must obtain a written concurrence from the Office of the
County Attorney that the work proposed to be performed pursuant to the Work
Authorization is within the scope of services of this Agreement.
6.4.1 Before any Optional Service is commenced pursuant to a Work
Authorization, Broward County’s Representative shall supply the Contract
Administrator with a written estimate for all charges expected to be incurred for
such Optional Service, which estimate shall be reviewed by Contract
Administrator and a final amount for Broward County’s Representative's
compensation shall be approved as follows:
6.4.1.1 Any Work Authorization that will cost County less than Fifty
Thousand Dollars ($50,000.00) may be signed by Contract Administrator
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Broward County Board of
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Bid R1324608P1
and Broward County’s Representative, using the Work Authorization
provided by County for that purpose.
6.4.1.2 Any Work Authorization that will cost County at least Fifty
Thousand Dollars ($50,000.00) but not more than Two Hundred Thousand
Dollars ($200,000.00) may be signed by County's Purchasing Director and
Broward County’s Representative.
6.4.1.3 Work Authorizations within the Purchasing Director's delegated
authority shall be prepared using the Work Authorization Form provided by
County for that purpose. Any Work Authorization above the County's
Purchasing Director's authority must be approved by Board and shall be
prepared using the Work Authorization provided by County for that
purpose.
6.4.2 Subsequent to Contract Administrator issuing a Work Authorization
pursuant to this article, Contract Administrator will issue a Notice to Proceed
("NTP") for those authorized Optional Services.
Broward County’s
Representative shall not commence such work until after receipt of the Contract
Administrator's NTP.
6.4.3 Any modifications to a Work Authorization shall require approval 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 Fifty Thousand Dollars ($50,000).
County's Purchasing Director shall sign in instances where the cumulative total of
the modifications 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 approval authority or
two Hundred Thousand Dollars ($200,000.00.)
Notwithstanding anything
contained in this subsection, Broward County’s Representative's compensation
shall not exceed the amount approved in the Work Authorization unless such
additional amount received the prior written approval as outlined above.
6.4.4 All Work Authorizations issued by the Contract Administrator shall contain,
as a minimum, the following information and requirements:
6.4.4.1 A description of the work to be undertaken (which description
must specify in detail the individual tasks and other activities to be
performed by Broward County’s Representative), a reference to this
Agreement pursuant to which the work to be undertaken is authorized,
and a statement of the method of compensation.
6.4.4.2 A budget establishing the amount of compensation, which amount
shall constitute a guaranteed maximum and shall not be exceeded unless
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Broward County Board of
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Bid R1324608P1
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 Broward County’s Representative, the
authorization shall be terminated, and Broward County’s Representative
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.
6.4.4.3 A time established for completion of the work or services
undertaken by Broward County’s Representative or for the submission to
County of documents, reports, and other information pursuant to this
Agreement.
6.4.4.4 Any other additional instructions or provision relating to the work
authorized pursuant to this Agreement.
6.4.4.5 Work Authorizations shall be dated, serially numbered, and
signed.
6.5
As provided in Section 9.2, 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 shall be reviewed by County for
opportunities to include or increase CBE participation.
Broward County’s
Representative 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 7. COUNTY'S RESPONSIBILITIES
7.1
County shall assist Broward County’s Representative by placing at Broward
County’s Representative's disposal all information County has available pertinent to the
Project including previous reports and any other data relative to design or construction
of the Project.
7.2
County shall arrange for access to, and make all provisions for, Broward
County’s Representative to enter upon public and private property as required for
Broward County’s Representative to perform its services.
7.3
County shall review the itemized deliverables/documents identified in Exhibit A of
Broward County’s Representative and respond in writing with any comment within the
time set forth on the approved Project Schedule.
7.4
County shall give prompt written notice to Broward County’s Representative
whenever County observes or otherwise becomes aware of any development that
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Broward County Board of
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Bid R1324608P1
affects the scope or timing of Broward County’s Representative's services or any defect
in the work of the Broward County’s Representative.
ARTICLE 8. INSURANCE
8.1
Broward County’s Representative shall maintain at its sole expense, at all times
during the term of this Agreement (unless a different time period is otherwise stated
herein), at least the minimum insurance coverage designated in Exhibit D in accordance
with the terms and conditions stated in this Article.
8.2
Such policies shall be issued by companies authorized to do business in the
State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be
provided on forms no more restrictive than the latest edition of the applicable form filed
by the Insurance Services Office. Broward County’s Representative shall name Broward
County as an additional insured under the primary and non-contributory Commercial
General Liability policy, Business Automobile Liability policy as well as on any Excess
Liability policy. The official title of the Certificate Holder is Broward County. This official
title shall be used in all insurance documentation.
8.3
Within fifteen (15) days of notification of award, Broward County’s Representative
shall provide to County proof of insurance in the form of Certificate(s) of Insurance and
applicable endorsements, Declaration pages, or insurance policies evidencing all
insurance required by this Article. County reserves the right to obtain a certified copy of
any policies required by the Article upon request. Coverage is not to cease and is to
remain in force until the County determines all performance required of Broward
County’s Representative is completed. For Professional Liability Insurance, coverage
shall remain in force for two (2) years after the completion of services unless a different
time period is stated in Exhibit "D." County shall be notified of any restriction or
cancellation of coverage within thirty (30) days. If any of the insurance coverage will
expire prior to the completion of the work, proof of insurance renewal shall be provided
to County upon expiration.
8.4
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.
8.5
If Broward County’s Representative uses a subconsultant, Broward County’s
Representative shall ensure that each subconsultant names "Broward County" as an
additional insured under the subconsultant's Commercial General Liability, Business
Automobile Liability, and Excess/Umbrella policies.
ARTICLE 9. EEO AND CBE COMPLIANCE
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Broward County Board of
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Bid R1324608P1
9.1
No party to this Agreement may discriminate on the basis of race, color, sex,
religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
contract.
Broward County’s Representative shall comply with all applicable
requirements of the Broward County Business Enterprise ("CBE") Program in the award
and administration of this Agreement. Failure by Broward County’s Representative to
carry out any of these requirements shall constitute a material breach of this
Agreement, which shall permit County, to terminate this Agreement or to exercise any
other remedy provided under this Agreement, under the Broward County Code of
Ordinances, or Administrative Code, or under applicable law, with all of such remedies
being cumulative.
Broward County’s Representative shall include the foregoing or similar language in its
contracts with any subconsultants or suppliers, except that any project assisted by the
U.S.
Department
of
Transportation
funds
shall
comply
with
the
non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to
comply with the foregoing requirements is a material breach of this Agreement, which
may result in the termination of this Agreement or such other remedy as County deems
appropriate.
Broward County’s Representative shall not unlawfully discriminate against any person in
its operations and activities or in its use or expenditure of funds in fulfilling its obligations
under this Agreement and shall not otherwise unlawfully discriminate in violation of the
Broward County Code, Chapter 16½, as may be amended from time to time. Broward
County’s Representative shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
Broward County’s Representative shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons.
By execution of this Agreement, Broward County’s Representative represents that it has
not been placed on the discriminatory vendor list (as provided in Section 287.134,
Florida Statutes, as may be amended from time to time). County hereby materially
relies on such representation in entering into this Agreement. An untrue representation
of the foregoing shall entitle County to terminate this Agreement and recover from
Broward County’s Representative all monies paid by County pursuant to this
Agreement, and may result in debarment from County's competitive procurement
activities.
9.2
The CBE Program, which is implemented under the Broward County Business
Opportunity Act of 2012 (Broward County Ordinance No. 2012-33 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, Broward County’s Representative agrees to and
shall comply with all applicable requirements of the CBE Program in the award and
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Broward County Board of
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Bid R1324608P1
administration of the Agreement. Broward County’s Representative 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 Broward County’s Representative and shall
include a deadline for Broward County’s Representative to notify County if Broward
County’s Representative concludes that the modification exceeds the authority of this
section of this Agreement. Failure of Broward County’s Representative to timely notify
County of its conclusion that the modification exceeds such authority shall be deemed
acceptance of the modification by Broward County’s Representative.
The County 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%), for opportunities to include or increase the
participation of CBE firms already involved in this Agreement. Broward County’s
Representative 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.
9.3
The Parties acknowledge that subcontract awards to CBE firms are crucial to the
achievement of the Project's CBE participation goal. Broward County’s Representative
understands that each CBE firm utilized on the Project to meet the participation goal
must be certified by the Broward County Office of Economic and Small Business
Development. In an effort to assist County in achieving its established goal for this
Project, Broward County’s Representative agrees to meet the following CBE
participation goal by utilizing the CBE firms for the work and the percentage of work
amounts described in Section 9.4:
Total CBE Goal
15.5%
The CBE goal established for this Agreement, including amendments, applies to the
total Project, with the exception of Phase I.
Broward County’s Representative may not terminate for convenience a CBE firm listed
as a subconsultant in the Broward County’s Representative's bid or offer without the
County's prior written consent, which consent shall not be unreasonably withheld.
Broward County’s Representative shall inform County immediately when a CBE firm is
not able to perform or if Broward County’s Representative 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 Broward County’s
Representative to substitute the CBE firm with another CBE firm. Whenever a CBE firm
is terminated for any reason, including for cause, Broward County’s Representative
shall with notice to and concurrence of the Broward County Office of Economic and
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Broward County Board of
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Bid R1324608P1
Small Business Development Division, substitute another CBE firm in order to meet the
level of CBE participation provided herein. Such substitution shall not be required in the
event the termination results from County changing the Scope of Work hereunder and
there is no available CBE to perform the new Scope of Work.
9.4
In performing services for this Project, the Parties hereby incorporate Broward
County’s Representative's participating CBE firms, addresses, scope of work, and the
percentage of work amounts identified on each Letter of Intent into this Agreement
(Exhibit C).
Upon execution of this Agreement by County, Broward County’s
Representative shall enter into a formal contract with the CBE firms Broward County’s
Representative 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.
9.5
Broward County’s Representative shall allow County to engage in on-site reviews
to monitor Broward County’s Representative'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 Broward County’s
Representative'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
Broward County’s Representative's compliance with its commitment to the CBE
participation goal and the status of any CBE firm performing any portion of this
Agreement.
9.6
Broward County’s Representative 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,
Broward County’s Representative shall report monthly regarding compliance with its
CBE obligations in accordance with Section 5.4 of this Agreement.
9.7
In the event of Broward County’s Representative's noncompliance with its
participation commitment to a CBE firm (including without limitation the unexcused
reduction 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 Broward County’s
Representative:
9.7.1 The affected CBE firm shall be entitled to damages pursuant to its
agreement with Broward County’s Representative.
9.7.2 If the CBE firm has the right to arbitrate and institutes arbitration
proceedings claiming non-compliance with the Act by Broward County’s
Representative, then in such event the CBE firm may submit the dispute to
arbitration. However, arbitration shall not be available as to any dispute between
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Broward County Board of
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Bid R1324608P1
Broward County’s Representative and County; nor shall County incur any cost,
fee, or liability relative to any arbitration proceeding.
9.7.3 Nothing under this Section 9.7 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.
9.8
Nonpayment of a CBE subconsultant or supplier as required by Section 3.4 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 Broward County’s Representative demonstrates timely
payments of sums due to such subconsultant or supplier.
Broward County’s
Representative 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 Section 9.8 shall not be
employed when Broward County’s Representative demonstrates that failure to pay
results from a bona fide dispute with its CBE subconsultant or supplier.
9.9
If Broward County’s Representative fails to comply with the requirements of this
Agreement, or the requirements of the Broward County Business Opportunity Act of
2012, County shall have the right to exercise any administrative remedies provided by
the Broward County Business Opportunity Act of 2012, or any other right or remedy
provided in the Administrative Procedures of the Office of Economic and Small
Business Development, this Agreement, or under applicable law, with all such rights
and remedies being cumulative.
ARTICLE 10. MISCELLANEOUS
10.1 Ownership of Documents. All finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, specifications and reports prepared or
provided by Broward County’s Representative in connection with this Agreement shall
become the property of County, whether the Project for which they are made is
completed or not, and shall be delivered by Broward County’s Representative to
Contract Administrator within fifteen (15) days of the receipt of the written notice of
termination. If applicable, County may withhold any payments then due to Broward
County’s Representative until Broward County’s Representative complies with the
provisions of this section.
10.2
Termination.
10.2.1 This Agreement or any Work Authorization issued under this Agreement
may be terminated for cause by the aggrieved party if the party in breach has not
corrected the breach within ten (10) days after written notice from the aggrieved
party identifying the breach. This Agreement may also be terminated for
convenience by the Board. Termination for convenience by the Board shall be
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Broward County Board of
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Bid R1324608P1
effective on the termination date stated in written notice provided by the County,
which termination date shall be not less than thirty (30) days after the date of
such written notice. If this Agreement or Work Authorization was entered into on
behalf of County by someone other than the Board, termination by County may
be by action of the County Administrator or the County representative (including
his or her successor) who entered in this Agreement on behalf of County. This
Agreement may also be terminated by the County Administrator upon such
notice as the County Administrator deems appropriate under the circumstances
in the event the County Administrator determines that termination is necessary to
protect the public health or safety. The parties agree that if the County
erroneously, improperly or unjustifiably terminates for cause, such termination
shall be deemed a termination for convenience, which shall be effective thirty
(30) days after such notice of termination for cause is provided.
10.2.2 This Agreement may be terminated for cause for reasons including, but
not limited to, Broward County’s Representative's repeated (whether negligent or
intentional) submission for payment of false or incorrect bills or invoices, failure to
suitably perform the work; or failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives as set forth in this Agreement or
Work Authorization. The Agreement may also be terminated for cause if the
Broward County’s Representative is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List created pursuant to Section 215.473, Florida
Statutes, as amended or if the Broward County’s Representative provides a false
certification submitted pursuant to Section 287.135, Florida Statutes, as
amended. This Agreement or a Work Authorization may also be terminated by
the Board:
10.2.2.1 Upon the disqualification of Broward County’s Representative
as a CBE by County's Director of the Office of Economic and Small
Business Development if Broward County’s Representative's status as a
CBE was a factor in the award of this Agreement or the Work
Authorization, and such status was misrepresented by Broward County’s
Representative;
10.2.2.2 Upon the disqualification of Broward County’s Representative
by County's Director of the Office of Economic and Small Business
Development due to fraud, misrepresentation, or material misstatement by
Broward County’s Representative in the course of obtaining this
Agreement or the Work Authorization, or attempting to meet the CBE
contractual obligations;
10.2.2.3 Upon the disqualification of one or more of Broward County’s
Representative'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 or the
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Exhibit 1
40 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Work Authorization, and such status was misrepresented by Broward
County’s Representative or such participant;
10.2.2.4 Upon the disqualification of one or more of Broward County’s
Representative's CBE participants by County's Director of the Office of
Economic and Small Business Development if such CBE participant
attempted to meet its CBE contractual obligations through fraud,
misrepresentation, or material misstatement; or
10.2.2.5 If Broward County’s Representative 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.
10.2.3 Notice of termination shall be provided in accordance with the
“NOTICES" section of this Agreement except that notice of termination by the
County Administrator which the County Administrator deems necessary to
protect the public health or safety may be verbal notice that shall be promptly
confirmed in writing in accordance with the "NOTICES" section of this
Agreement.
10.2.4 In the event this Agreement or a Work Authorization issued under this
Agreement is terminated for convenience, Broward County’s Representative
shall be paid for any services properly performed under the Agreement or Work
Authorization through the termination date specified in the written notice of
termination. Broward County’s Representative acknowledges and agrees that it
has received good, valuable and sufficient consideration from County, the receipt
and adequacy of which are hereby acknowledged by Broward County’s
Representative, for County's right to terminate this Agreement for convenience.
10.2.5 In the event this Agreement or a Work Authorization is terminated, for
any reason, any amounts due Broward County’s Representative shall be
withheld by County until all documents are provided to County pursuant to
Section 10.1 of Article 10.
10.3 Public Records. County is a public agency subject to Chapter 119, Florida
Statutes. To the extent Broward County’s Representative is a contractor acting on
behalf of the County pursuant to Section 119.0701, Florida Statutes, Broward
County’s Representative and its subconsultants and subcontractors shall:
10.3.1 Keep and maintain public records that ordinarily and necessarily would
be required by County in order to perform the service;
10.3.2 Provide the public with access to such public records on the same terms
and conditions that County would provide the records and at a cost that does
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Exhibit 1
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Broward County Board of
County Commissioners
Bid R1324608P1
not exceed that provided in Chapter 119, Florida Statutes, or as otherwise
provided by law;
10.3.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as authorized
by law; and
10.3.4 Meet all requirements for retaining public records and transfer to
County, at no cost, all public records in its possession upon termination of the
applicable contract and destroy any duplicate public records that are exempt
or confidential and exempt. All records stored electronically must be provided
to County in a format that is compatible with the information technology systems
of County.
The failure of Broward County’s Representative to comply with the provisions
set forth in this Section shall constitute a default and breach of this
Agreement, and County shall enforce the default in accordance with the
provisions set forth in Section 10.2.
10.3 Audit Rights and Retention Of Records. Broward County’s Representative shall
preserve all Contract Records (as defined below) for a minimum period of three (3)
years after expiration or termination of this Agreement or until resolution of any audit
findings, whichever is longer. Contract Records shall, upon reasonable notice, be open
to County inspection and subject to audit and reproduction during normal business
hours. County audits and inspections pursuant to this Section may be performed by
any County representative (including any outside representative engaged by County).
County may conduct audits or inspections at any time during the term of this
Agreement and for a period of three years after the expiration or termination of the
Agreement (or longer if required by law). County may, without limitation, verify
information, payroll distribution, and amounts through interviews, written affirmations,
and on-site inspection with Broward County’s Representative's employees,
Subconsultants, vendors, or other labor.
Contract Records include any and all information, materials and data of every kind and
character, including without limitation, records, books, papers, documents,
subscriptions, recordings, agreements, purchase orders, leases, contracts,
commitments, arrangements, notes, daily diaries, drawings, receipts, vouchers and
memoranda, and any and all other documents that pertain to rights, duties, obligations
or performance under this Agreement. Contract Records include hard copy and
electronic records, written policies and procedures, time sheets, payroll records and
registers, cancelled payroll checks, estimating work sheets, correspondence, invoices
and related payment documentation, general ledgers, insurance rebates and dividends,
and any other records pertaining to rights, duties, obligations or performance under this
Agreement, whether by Broward County’s Representative or Subconsultants.
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Exhibit 1
42 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
County shall have the right to audit, review, examine, inspect, analyze, and make
copies of all Contract Records at a location within Broward County. County reserves
the right to conduct such audit or review at Broward County’s Representative’s place
of business, if deemed appropriate by County, with seventy-two (72) hours' advance
notice.
Broward County’s Representative agrees to
provide adequate and
appropriate work space. Broward County’s Representative shall provide County with
reasonable access to the Broward County’s Representative’s facilities, and County
shall be allowed to interview all current or former employees to discuss matters
pertinent to the performance of this Agreement.
Broward County’s Representative shall, by written contract, require its Subconsultants
and subcontractors to agree to the requirements and obligations of this Section.
Any incomplete or incorrect entry in such books, records, and accounts shall be a
basis for County's disallowance and recovery of any payment reliant upon such entry.
If an audit or inspection in accordance with this Section discloses overpricing or
overcharges to County of any nature by the Broward County’s Representative or its
Subconsultants in excess of five percent (5%) of the total contract billings reviewed
by County, the reasonable actual cost of the County’s audit shall be reimbursed to the
County by the Broward County’s Representative in addition to making adjustments for
the overcharges. Any adjustments and/or payments due as a result of such audit or
inspection shall be made within thirty (30) days from presentation of County's findings to
Broward County’s Representative.
10.4 Public Entity Crime Act. Broward County’s Representative represents that the
execution of this Agreement will not violate Section 287.133, Florida Statutes, the Public
Entity Crimes Act, which essentially provides that a person or affiliate who is a Broward
County’s Representative, subconsultant 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 Broward County’s Representative, supplier or subconsultant 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 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, Broward County’s Representative 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 Broward County’s Representative has been
placed on the convicted vendor list.
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Exhibit 1
43 of 101
Broward County Board of
County Commissioners
10.5
Bid R1324608P1
Subconsultants.
10.6.1
Broward County’s Representative shall utilize the subconsultants
identified in the proposal that were a material part of the selection of Broward
County’s Representative to provide the services for this Project. Broward
County’s Representative shall obtain written approval of Contract Administrator
prior to changing or modifying the list of subconsultants submitted by Broward
County’s Representative. Where Broward County’s Representative's failure to
use subconsultants results in Broward County’s Representative's noncompliance
with CBE participation goals, such failure shall entitle the affected CBE firm to
damages available under this Agreement and under local and state law. The list
of subconsultants is provided on Exhibit C-1, Schedule of Subconsultants as
attached hereto and made a part hereof.
10.6.2 Broward County’s Representative shall bind in writing each and every
approved subconsultant to the terms stated in this Agreement, provided that this
provision shall not, in and of itself, impose the insurance requirements set forth in
Article 8 on Broward County’s Representative's subconsultants.
10.6 Assignment and Performance. Neither this Agreement nor any interest herein
shall be assigned, transferred, or encumbered without the written consent of the other
party and Broward County’s Representative shall not subcontract any portion of the
work required by this Agreement except as authorized pursuant to Section 10.5. County
shall have the right to terminate this Agreement, effective immediately, if there is an
assignment, or attempted assignment, transfer, or encumbrance, of this Agreement or
any right or interest herein by Broward County’s Representative without County's written
consent.
Broward County’s Representative 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.
Broward County’s Representative shall perform its duties, obligations, and services
under this Agreement in a skillful and respectable manner. The quality of Broward
County’s Representative'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.
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Exhibit 1
44 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
10.7 Indemnification of County. Broward County’s Representative shall indemnify and
hold harmless County, its officers and employees from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by
the negligence, recklessness or intentionally wrongful conduct of Broward County’s
Representative, and other persons employed or utilized by Broward County’s
Representative in the performance of this Agreement. The provisions of this section
shall survive the expiration or earlier termination of this Agreement. To the extent
considered necessary by Contract Administrator and County Attorney, any sums due
Broward County’s Representative 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.
10.8
Representative of County and Broward County’s Representative.
10.8.1 The parties recognize that questions in the day-to-day conduct of the
Project will arise.
The Contract Administrator, upon Broward County’s
Representative's request, shall advise Broward County’s Representative in
writing of one (1) or more County employees to whom all communications
pertaining to the day-to-day conduct of the Project shall be addressed.
10.8.2 Broward County’s Representative shall inform the Contract Administrator
in writing of Broward County’s Representative's representative to whom matters
involving the conduct of the Project shall be addressed.
10.9 All Prior Agreements Superseded. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements or 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.
10.10
Amendments. No modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
10.11
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 sent by commercial express carrier with acknowledgement of
delivery, 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 as the respective places for giving of notice:
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Exhibit 1
45 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
FOR COUNTY:
_____________________, Contract Administrator
________________________________________
________________________________________
________________________________________
FOR BROWARD COUNTY’S REPRESENTATIVE:
________________________________________
________________________________________
________________________________________
10.12
Truth-In-Negotiation Certificate.
Broward County’s Representative's
signature on this Agreement shall act as the execution of a truth-in-negotiation
certificate stating that wage rates, unit costs, and any other representations supporting
the compensation of this Agreement are accurate, complete, and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which County determines the contract price was
increased due to inaccurate, incomplete, or noncurrent wage rates, unit costs, and any
other representations. All such contract adjustments shall be made within one (1) year
following the end of this Agreement. For this purpose, the end of the Agreement is the
date of final billing or acceptance of the work, whichever is later.
10.13
Interpretation. The language of this Agreement has been agreed to by
both parties to express their mutual intent and no rule of strict construction shall be
applied against either party hereto. The headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever reference
is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section, unless the reference
is made to a particular subsection or subparagraph of such Section or Article.
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Exhibit 1
46 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
10.14
Broward County’s Representative's Staff.
Broward County’s
Representative will provide the key staff identified in their proposal for Project as long as
said key staff are in Broward County’s Representative's employment.
Broward
County’s Representative will obtain prior written approval of Contract Administrator to
change key staff.
Broward County’s Representative shall provide Contract
Administrator with such information as necessary to determine the suitability of
proposed new key staff. Contract Administrator will be reasonable in evaluating key
staff qualifications. If Contract Administrator desires to request removal of any of
Broward County’s Representative's staff, Contract Administrator shall first meet with
Broward County’s Representative and provide reasonable justification for said removal.
10.15
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 Section 21.31(a) of the Broward County Procurement Code. Execution
of this Agreement by Broward County’s Representative shall also serve as Broward
County’s Representative's required certification that it either has or that it will establish a
drug-free work place in accordance with Section 21.31(a) of the Broward County
Procurement Code.
10.16
Public Art and Design. NOT USED
10.17
Independent Contractor. NOT USED
10.18
Third Party Beneficiaries. Neither Broward County’s Representative nor
County intend to directly or substantially benefit a third party by 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. Therefore, the parties agree that
there are no third 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.
10.19
Conflicts. Neither Broward County’s Representative nor its employees
shall have or hold any continuing or frequently recurring employment or contractual
relationship that is substantially antagonistic or incompatible with Broward County’s
Representative's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
Broward County’s Representative 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, nor shall such persons 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 or in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude such
persons from representing themselves in any action or in any administrative or legal
proceeding.
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Exhibit 1
47 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
In the event Broward County’s Representative is permitted to utilize subconsultants to
perform any services required by this Agreement, Broward County’s Representative
agrees to prohibit such subconsultants, by written contract, from having any conflicts as
within the meaning of this section.
10.20
Contingency Fee. Broward County’s Representative warrants that it has
not employed or retained any company or person, other than a bona fide employee
working solely for Broward County’s Representative, 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 Broward County’s
Representative, 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, Board 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.
10.21
Materiality and Waiver of Breach.
County and Broward County’s
Representative agree that each requirement, duty, and obligation set forth herein was
bargained for at arms-length and is agreed to by the parties in exchange for quid pro
quo, that each is substantial and important to the formation of this Agreement and that
each is, therefore, 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.
10.22
Compliance with Laws. Broward County’s Representative shall comply
with all federal, state, and local laws, codes, ordinances, rules, and regulations in
performing its duties, responsibilities, and obligations related to this Agreement.
10.23
Severance. In the event this Agreement or 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 Broward County’s Representative elects to
terminate this Agreement. The election to terminate this Agreement based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
10.24
Joint Preparation. Preparation of this Agreement has been a joint effort of
County and Broward County’s Representative and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of
the parties than any other.
10.25
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
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Exhibit 1
48 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 10 of this
Agreement shall prevail and be given effect.
10.26
Law, 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 acknowledge and accept that jurisdiction of any controversies or
legal problems arising out of this Agreement, and any action involving the enforcement
or interpretation of any rights hereunder, shall be exclusively in the state courts of the
Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising
out of this Agreement shall be exclusively 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, BROWARD COUNTY’S
REPRESENTATIVE AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST
FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER
WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE
PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE
REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN
CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE
AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
10.27
Incorporation by Reference. The attached Exhibits A, B, C, C-1, and D
are incorporated into and made a part of this Agreement.
10.28
Re-Use Of Project. County may, at its option, re-use (in whole or in part)
the resulting end-product or deliverables resulting from Broward County’s
Representative's professional services (including, but not limited to, drawings,
specifications, other documents, and services as described herein and in Exhibit A,
Scope of Services); and Broward County’s Representative agrees to such re-use in
accordance with this provision.
If the Contract Administrator elects to re-use the services, drawings, specifications, and
other documents, in whole or in part, prepared for this Project for other projects on other
sites, Broward County’s Representative will be paid a re-use fee to be negotiated
between Broward County’s Representative and County's Purchasing Negotiator, subject
to approval by the proper awarding authority.
Each re-use shall include all Basic Services and modifications to the drawings,
specifications, and other documents normally required to adapt the design documents
to a new site. This re-use may include preparation of reverse plans, changes to the
program, provision for exceptional site conditions, preparation of documents for off-site
improvements, provisions for revised solar orientation, provisions for revised vehicular
and pedestrian access, and modifications to building elevations, ornament, or other
aesthetic features. In all re-use assignments, the design documents shall be revised to
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Exhibit 1
49 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
comply with building codes and other jurisdictional requirements current at the time of
re-use for the new site location.
The terms and conditions of this Agreement shall remain in force for each re-use
project, unless otherwise agreed by the parties in writing.
10.29
Payable Interest
10.30.1
Payment of Interest. Except as required by the Broward
County Prompt Payment Ordinance, County shall not be liable for interest
for any reason, whether as prejudgment interest or for any other purpose,
and in furtherance thereof Broward County’s Representative waives,
rejects, disclaims and surrenders any and all entitlement it has or may
have to receive interest in connection with a dispute or claim based on or
related to this Agreement.
10.30.2
Rate of Interest. In any instance where the prohibition or
limitations of Section 10.29.1 are determined to be invalid or
unenforceable, the annual rate of interest payable by County under this
Agreement, whether as prejudgment interest or for any other purpose,
shall be .025 percent simple interest (uncompounded).
10.30
Representation of Authority. Each individual executing this Agreement on
behalf of a party hereto hereby represents and warrants that he or she is, on the date
he or she signs this Agreement, duly authorized by all necessary and appropriate action
to execute this Agreement on behalf of such party and does so with full and legal
authority.
10.31
Multiple Originals. Multiple copies of this Agreement may be executed by
all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
10.32
Domestic Partnership Requirement. NOT USED
(The remainder of this page is intentionally left blank.)
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Exhibit 1
50 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD County, through
its BOARD OF County COMMISSIONERS, signing by and through its Mayor or ViceMayor, authorized to execute same by Board action on the ______ day of
____________, 20____, and Broward County’s Representative, signing by and through
its _____________________, duly authorized to execute same.
County
ATTEST:
BROWARD County, by and through its
Board of County Commissioners
_____________________________
Broward County Administrator, as
Ex-officio Clerk of the Broward
County Board of County Commissioners
BY____________________________
Mayor
___ day of _______________, 2015.
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Insurance requirements
Approved by Broward County
Risk Management Division
By______________________________
Signature
(Date)
By____________________________
Michael Kerr, Deputy County Attorney
(Date)
______________________________
Print Name and Title above
ABC/wp
_______.doc
00/00/14
#_____
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Exhibit 1
51 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
AGREEMENT BETWEEN BROWARD COUNTY AND __________________ FOR
BROWARD
COUNTY’S
REPRESENTATIVE
SERVICES
FOR
______________________________ IN BROWARD COUNTY, FLORIDA, RLI #
_______________________
BROWARD COUNTY’S REPRESENTATIVE
________________________________
(Please Type Name of Broward
County’s Representative/Firm)
ATTEST:
__________________________
Secretary
By______________________________
President/Vice President
__________________________
(Please Type Name of Secretary)
________________________________
(Please Type Name of President/Vice
President
CORPORATE SEAL
___ day of ________________, 20___.
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Exhibit 1
52 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
EXHIBIT A
SCOPE OF WORK
1.01
Project Description and Program
The following paragraphs form a general description of the construction
project management and professional services required for the Broward
County Convention Center Expansion and Headquarters Hotel. As such, it is
not all inclusive and County does not represent that it is a complete inventory
of the services necessary to achieve County's goals for the project.
The objective of this agreement is to obtain support services on behalf of the
County in its efforts to acquire some or all of the following; financing, design,
construction, operation and maintenance as well as assistance with land use,
zoning and jurisdictional reviews and processes, cost projections, incidental
design not related to primary facility design, design review and construction
support, construction administration and procurement support activities for the
below described project.
The following paragraphs represent County's minimum level of performance
but do not limit the services that may be required during any project phase
described herein or as amended.
1.02
Project Description
1.02.01 The County’s vision is the development of an iconic waterfront
destination that will create a “sense of place”. The County seeks to redevelop
the site with an iconic plan that takes full advantage of the unique waterfront
and makes the Convention Center a competitive tradeshow venue. It is the
County’s goal to attain the most distinctive, marketable headquarter hotel,
and convention center facilities. With the addition of a proposed hotel, it is the
goal for this Project to have a long lasting positive economic impact for
Broward County. The anticipated components of the Project includes: a 7501250 room AAA 4-Diamond rated headquarter hotel, an expansion of the
Convention Center (approximately 300,000 gross sq. ft.), accessory parking,
retail and entertainment options, open public green areas, related and
ancillary areas, and the possibility of a commercial waterfront development.
The retail and entertainment options of the Project are available as a private
development opportunity in order to create financial incentives for the
development of this Project.
1.02.02
The Project is intended to be at the site of the existing
Broward County Convention Center
1950 Eisenhower Boulevard, Fort Lauderdale, FL 33316
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1.02.03 The County may use the services of the Broward County’s
Representative to assist in the evaluation and selection of alternate site(s)
and further develop the project or portions thereof on an alternate site to allow
the proposed project program to be more fully realized.
1.03
Master Plan Study developed by HKS Architects, dated September 2014, will
be provided by the Contract Administrator with the Broward County’s
Representative Notice to Proceed. Broward County’s Representative’s use of
this program is described within Exhibit A, Scope of Work for this project.
2.01
Basic Services
2.01.01
The services listed below, in addition to those specified by Broward County’s
Representative's agreement with County, are related to the specific project or
other professional services as necessary to meet the needs of Broward
County and shall not limit those activities or services that may be requested
by the Contract Administrator.
2.01.02
Broward County’s Representative agrees to:
(A) Provide complete construction project management, professional
architectural, engineering, financial and/or other professional services
such as land use, zoning and jurisdictional reviews and processes, cost
projections, design and construction set forth in the various Phases
enumerated hereinafter and all necessary personnel, equipment and
materials to perform services;
(B) Complete those services in accordance with the project schedule
(Attachment 1, Project Schedule, as attached to this Exhibit A);
(C) Complete those services that will assist in the analysis, procurement and
ultimate delivery of a facility (or facilities) by a development entity
(D) Participate in the Contract Administrator's programs of Value
Engineering and Constructability Reviews throughout all Phases as
required by the Contract Administrator.
2.01.03
Broward County’s Representative shall schedule and attend a bi-weekly
project review and coordination meetings with representatives of the Contract
Administrator all Phases of the Project. At each of these meetings, Broward
County’s Representative and Contract Administrator shall review the Project's
budget, schedule, and scope along with Broward County’s Representative's
development and progress to date on the respective phases of the Project
and any special problems related to the continuing progress of the project.
Broward County’s Representative shall attend weekly meetings during
Construction as required elsewhere in this Agreement. For each project
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review meeting, and as may be otherwise appropriate during any project
phase, Broward County’s Representative shall provide progress sketches and
other documents sufficient to illustrate progress and the issues at hand for the
Contract Administrator's review. Broward County’s Representative shall not
be entitled to claims for delays to the Project Schedule due to Broward
County’s Representative's provision of such documents.
2.01.04
Broward County’s Representative and representatives of each subconsulting
firm shall attend a Project Kick-Off meetings and a Project Debriefing meeting
which will be scheduled by the Contract Administrator at the beginning and
end of each of the Project's phases. The 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 respective phase of the
project. The 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.
2.01.05
Broward County’s Representative and its interior designer and/or interior
architect shall attend periodic furnishings and equipment coordination
meetings as scheduled by the Contract Administrator during various Phases
of the Project. These meetings will be scheduled to address and coordinate
the layout, selection, specification and documentation of furniture and
equipment items for the project. Members of County's using agencies will
attend these meetings to coordinate and communicate their functional
requirements and preferences.
2.01.06
Broward County’s Representative, the 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 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.
2.01.07
Broward County’s Representative's services shall conform to Contract
Administrator's specifications (as they may be made available to Broward
County’s Representative), including but not limited to, Contract
Administrator's Design Criteria, Design and Materials Standards Manuals,
and Contract Administrator's Guidelines and Procedures Manual and Forms
for capital projects, financial studies, provided, however, that in the event of
conflict the provisions of this agreement shall govern and Broward County’s
Representative shall remain responsible for the content and accuracy of
Broward County’s Representative's documents generated for this project.
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Broward County’s Representative shall keep Contract Administrator informed
of any proposed changes in requirements or in construction materials,
systems or equipment as the drawings and specifications and any other
documents are developed. Proposed changes must be reviewed and
approved in writing by Contract Administrator.
2.01.08
Broward County’s Representative shall cooperate with Contract Administrator
by participating in, reviewing and commenting on Constructability and Value
Engineering studies performed by Contract Administrator, and attending
meetings, where the content of design and construction contract documents
will be coordinated and reconciled, scheduled during any phase of the project.
In the event Contract Administrator accepts recommendations from Value
Engineering and Constructability studies, Broward County’s Representative
shall implement same, including providing revised drawings and
specifications or other documents, as a part of Basic Services.
2.01.09
Broward County’s Representative 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 Broward County’s Representative in writing for the
consideration of the Contract Administrator.
2.01.10
Documents, electronic media and other materials submitted to Contract
Administrator by Broward County’s Representative shall be retained by the
Contract Administrator except as otherwise noted herein and are subject to
the ownership provisions of this Agreement.
2.01.11
Broward County’s Representative shall make complete document submittals
at the various project phases. Incomplete or partial submittals may be
requested in advance through the Contract Administrator and may be allowed
only when Broward County’s Representative has received advance approval
in writing by the Contract Administrator. Incomplete or partial submittals
made without advance approval shall be returned to Broward County’s
Representative un-reviewed and unaccepted by the Contract Administrator
and subject to any liquidated damages applicable as provided for elsewhere
in this Agreement.
2.01.12
The Broward County’s Representative shall pursue design principles and
guidelines established by the United States Green Building Council (USGBC)
for achieving a “green” LEED-Certified Building and Site Development in all
Project Phases as part of Basic Services. Professional services required for
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the achievement of any level of LEED certification through the USGBC as
may be elected by the Contract Administrator for the Project will be provided
under Optional Services.
3.01
Basic Services by Project Phase
3.01.01
Phase I: Step Three: Request for Letters of Interest
Broward County’s Representative shall assist the County in preparing a Step
Three: Requests for Letters of Interest solicitation that will be used by the
Contract Administrator’s team (including the Broward County’s
Representative) to solicit, review, analyze, and evaluate responses from
Developer’s teams to determine the best qualified Developer’s team for the
project.
Step Three of the procurement process requires Developers’ detailed
proposals for the Project. Responses may include, but are not limited to,
budgets, schedule, project phasing, schematics, preliminary designs including
site plans, floor plans, sections, elevations, and renderings, general business
terms, innovative features, finance plans, land development analysis and
other information necessary to finalize the Developer selection. The level of
detail required for Step Three submissions is subject to review with the
shortlisted Developers at the time of the Step Three solicitation. Developers’
responses will be ranked and the County will negotiate the following
agreements with the highest ranked Developer and/or Developer’s Team for
the Project.
3.01.02
The Broward County’s Representative shall assist the County in developing
and writing the following agreements, as determined applicable by the
County, and shall also assist the County with negotiating the Agreements with
selected Developer and/or Developer’s Team. Details concerning the contract
of these agreements will be provided by the Contract Administrator.
Anticipated agreements may include:
a. Pre-Development Agreement: an abbreviated agreement enabling the
County and Developer to develop the final financing of the project, further
develop the Project’s design, prepare a project schedule, conduct testing,
and other due diligence tasks, and complete other preliminary negotiations
that might be necessary for a final comprehensive Developer Agreement.
b. Developer Agreement(s): an agreement specifying terms, conditions, and
performance requirements for the Project of the selected Developer,
detailing all services required of the Developer, including design,
construction, financing, operations and maintenance.
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c. Ground Lease Agreement: the agreement specifying terms and conditions
of the ground lease between the County and the Developer and/or
Developer’s Team.
d. Enabling Agreements, such as Room Block Agreement,
operational/maintenance agreements, common area agreements or other
potential agreements between the County and Developer.
As the definitive relationships between the County, Developer and/or the
Developer’s Team are contingent upon the Developer’s proposals and
subsequent negotiations, the County anticipates that key business points
will be negotiated as part of the agreements described above, including,
but not limited to:
1.
Financing terms and County’s participation
2.
Risk and profit sharing;
3.
Ground lease terms.
4.
Operation and maintenance of the Hotel (or other potential Project
components);
5.
Convention Center Hotel Room block;
6.
County Business Enterprise participation;
7.
Land use(s)
8.
Design criteria and technical specifications
3.01.03
Other Basic Services:
The Broward County’s Representative shall provide:
1.
CONSTRUCTION
MARKET
SURVEY.
Broward
County’s
Representative will conduct a local Construction Market Survey to obtain
current information concerning the general construction backlog among
Broward County’s Representatives, current and pending labor contracts,
local conditions and practices, and other economic factors. The survey
will serve to confirm current construction prices.
2.
DEVELOPING DESIGN PHASE PROCEDURES. Broward County’s
Representative in conjunction with the Contract Administrator, will
develop the Design Phase procedures and report formats. These
procedures will provide the basis for communication between the
Developer,
Broward
County’s
Representative
and
Contract
Administrator.
3.
MANAGEMENT PLAN. Broward County’s Representative will prepare a
Management Plan which will establish the general basis for the
sequence of the design effort and the contracting for construction. In
preparation for this Management Plan, Broward County’s Representative
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will evaluate the local construction market, the Contract Administrator's
resources, the Contract Administrator's schedule and Project budget
goals, develop alternative approaches, and make recommendations to
the Contract Administrator. Broward County’s Representative will
prepare the Management Plan in final form after review and comment of
a drafted document by the Contract Administrator. This document will
indicate the project rationale, the strategy for purchasing construction,
the various bid packages for the Project and a Provisional Master
Schedule for the Project. The Broward County’s Representative will
make recommendations regarding the number of their staff to be located
in the Construction Management Division offices to provide quick
response to project issues and improved communication with the
Contract Administrator.
4.
PROVISIONAL
MASTER
SCHEDULE.
Broward
County’s
Representative will develop a Provisional Master Schedule as a part of
the Management Plan. The Provisional Master Schedule will contain
key milestones to be accomplished by the Project participants. Once the
Provisional Master Schedule is defined, a more comprehensive List of
Critical Dates will be prepared.
5.
PROJECT BUDGET. Broward County’s Representative will review the
Program of Requirements, site constraints, findings of the Market
Survey, the Contract Administrator's schedule goals, and budget data in
existence, and develop the Project budget based on this data and
Broward County’s Representative's historical cost data.
Broward
County’s Representative will make a report of the budget to the Contract
Administrator indicating (1) shortfalls or surpluses in the budget and (2)
recommendations for cost reductions or revisions to the Program of
Requirements if necessary. Upon balancing the budget with the
Program of Requirements, Broward County’s Representative will present
to the Contract Administrator the Project budget.
6.
PROJECT COST MODEL. Based on the approved project budget for
construction, Broward County’s Representative will prepare a Project
Cost Model, which is a display of the various building components
budgeted. The Project Cost Model will then be used by Broward
County’s Representative as the basis of cost monitoring throughout the
Design Phase.
7.
PRELIMINARY COST STUDIES. Broward County’s Representative will
provide preliminary cost studies on various programmatic and design
alternatives, to determine the optimum cost benefit design approach.
8.
FEASIBILITY STUDIES. Broward County’s Representative will provide
feasibility studies which will, in addition to financial pro forma evaluation,
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incorporate other factors, such as increased efficiency, added life,
reduced maintenance and energy costs, operational costs and other
factors.
9.
MANAGEMENT INFORMATION CONTROL SYSTEM.
Broward
County’s Representative will become knowledgeable of the Contract
Administrator's reporting needs, will interview the Contract
Administrator's key personnel, and, in conjunction with the Contract
Administrator, will determine the type of information necessary, the
reporting format, the frequency of various reports, and the distribution
requirements for the Management Information Control System (MICS)
for the Project.
The MICS will be presented to the Contract
Administrator in the form of a written report.
10. Implement, or have a contract in place to implement, commissioning and
enhanced commissioning systems for LEED certification of building per
US Green Building Council LEED Rating System.
11. Building Information Modelling (BIM) / Virtual Design and Construction
(VDC) Plan. Broward County’s Representative shall include strategic
planning, construction sequence and logistics for the design and
construction phases of the project using BIM.
12
This project will require for the developer to provide a BIM model to meet
GSA Levels of Developments (LOD) Broward County’s Representative
shall assist and provide and a Virtual Design and Construction plan, as
defined in Electronic Media Submittal Requirements for BIM, Attachment
2A.
Assist the County in further development and implementation of current
Construction Operations Building Information exchange (COBie)
standards for the County.
5.3.1 Other Project Phases:
The Contract Administrator reserves the right at its sole discretion to add
additional project phases and associated scopes of work for the benefit of the
project and County.”
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Bid R1324608P1
Professional Services Agreement
EXHIBIT A, SCOPE OF WORK
ATTACHMENT 1:
Project Schedule
Project No:
Project Title:
Facility
Name:
Project Number
Convention Center Expansion and Headquarters Hotel
Facility Name
The required project schedule milestones for this project are presented below. Items
marked undetermined require additional development and submittal of the Broward
County’s Representative's Project Development Schedule as required by the
Professional Services Agreement for this project.
DATE REQUIRED OR
ESTIMATED TIME PERIOD
ACTIVITY
Phase I:
Step III
Broward County’s Representative's Document
Preparation & Submittal
0 Days
Undetermined
County Review
0 Days
Undetermined
Broward County’s Representative's Document
Correction & Re-Submittal
0 Days
Undetermined
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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
preconstruction and construction 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 Broward County’s Representative
shall be accomplished and developed using software and procedures conforming to
the following criteria. While the Contract Administrator does not anticipate the
production of drawings (surveying work, drawings, maps, details or other drawing
information) by Broward County’s Representative, any incidental graphics or drawing
product(s) required or resulting from the Basic or Optional Services shall conform to
the requirements for CADD and/or PDF format as approved by Project Manager and
other graphics as specified below. Exceptions may be granted by Contract
Administrator upon Broward County’s Representative’s prior written request.
B. Graphic Format:
1. Provide all CADD or PDF data in Autodesk, Inc.’s AutoCAD release 2009 or higher
for Windows in native .dwg electronic digital format. Provide copies of all drawing
sheets or other CADD and/or PDF format produced documents intended for
hardcopy plotting or printing in plot (.plt) and drawing web format (.dwf) versions of
all sheets/documents.
2. Target platform: Intel Duo Core 5 personal computer with Windows 7 operating
system.
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
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Bid R1324608P1
digital data files. It is the responsibility of the Broward County’s Representative to
ensure this level of compatibility.
5. Any non-graphical database delivered with prepared drawings: provide in relational
database format compatible with Microsoft Access 2010 or higher, PDF, or other
compatible SQL format database.
6. Maintain all linkages of non-graphical data with graphic elements, relationships
between database tables, and report formats.
7. All database tables: conform to the structure and field-naming guidance provided
upon request by the Contract Administrator.
C. CAD 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, U.S. National CAD standards version 5 (V5).
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
U.S. National CAD standards with the Contract Administrator’s specific
requirements. 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.
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D. Non-CADD Graphic Format: Provide digital photography files and other miscellaneous
graphics in High Resolution JPEG, PDF or PNG format.
E. Non-Graphic Format:
1. Provide word processing files in Microsoft Word 2010 compatible file formats
including all fonts, typefaces, bit-map and vector graphics and other information
necessary for remote printing.
2. Provide spreadsheet files in Microsoft Excel 2010 for windows compatible file
formats including all 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 2010 or higher, PDF or other compatible SQL format database including all
tables, form and report formats, fonts, typefaces, bit-map and vector graphics and
other information necessary for remote printing.
Ensure integrity of relational
database structure.
F. Delivery Media and Format:
1. Submit copies of all CAD and PDF format data and other electronic files developed
under this contract on electronic digital media as required for project phase
submittals to 400 d.p.i. resolution.
2. Provide electronic digital data and files shall be provided on ISO-9660 CD-ROM.,
DVD discs and Flash drives. 5-1/4-inch Floppy 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 may be included in the protective cover and as an
electronic file on the disc.
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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, paper space, line weights, 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. For each drawing, provide one bound file containing drawing
sheet with associated XREFs and one un-bound file containing the associated
XREFs.
c. Include all files, both graphic and non-graphic, required for the project (i.e., color
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.
d. 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.
e. Document any fonts, tables, or other similar customized drawing element
developed by the Broward County’s Representative or not provided among the
Contract Administrator-furnished materials. Broward County’s Representative
shall obtain Contract Administrator approval before using anything other than the
Contract Administrator's standard fonts, line types, tables, blocks, or other
drawing elements available from the Contract Administrator.
f.
Include any standard sheets (i.e., abbreviation sheets, standard symbol sheets,
or other listing) necessary for a complete project.
g. Check completed files are free of any known viruses or unrequired attachments.
G. Drawing Development Documentation:
1. Provide the following information for each finished drawing in the nonplot layer X
****-NPLT:
a. How the data were input (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.
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e. Text fonts, line styles/types used, and pen settings.
H. 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. Brief instructions for transferring the files from the media.
b. 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 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.
c. 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 Broward County’s Representative with the Contract Administratorfurnished 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 Broward County’s
Representative 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.
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Broward County Board of
County Commissioners
Bid R1324608P1
8) Recommended modifications which will be necessary to make the data
available for GIS use.
I.
Contract Administrator-Furnished Materials to the Broward County’s Representative:
1. The Contract Administrator and other Consultants may make various electronic
information available to Broward County’s Representative during the PreConstruction and Construction phases of the Project. To this end, the other
Consultants shall make the following information available to Broward County’s
Representative in electronic format:
a. Work-files: Selected work product files, reports, spreadsheets, databases,
specifications, drawings and other documentation of other Consultants’ work in
progress may be provided to Broward County’s Representative, or other
COUNTY consultants on an as required basis. Broward County’s Representative
shall cooperate and facilitate the exchange of these electronic media documents.
b. Where electronic media submittals of final site surveys are required: Provide
electronic copies of any existing site survey data already on electronic media.
c. Where Electronic Project Record Documents are required, other Consultants
may provide Broward County’s Representative one set of AutoCAD electronic file
format contract drawings, to be used for as-built drawings at Broward County’s
Representative’s option. Make electronic file drawings available on CD ROM
media.
d. BIM Files and associated data.
J. Other Digital Information:
1. A variety of digital information may be generated by participants in the design
process including the Contract Administrator, other Consultants, Subconsultants,
Broward County’s Representative, the Contract Administrator’s commissioning
authority, local jurisdictional authorities and other project team members.
2. The Broward County’s Representative shall facilitate and participate wherever
possible in this digital exchange of information by conforming to the standards
expressed above and as further described in attachments and EXHIBIT “A” Scope of
Works.
End of Attachment 2: Electronic Media Submittal Requirements
CC Expansion and Headquarters Hotel
Construction Project Manager Services Agreement
4/30/2015 11:48 AM
Exhibit A, Attachment 2
Page 6 of 6
p. 66
Exhibit 1
67 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
EXHIBIT “A” SCOPE OF WORK
ATTACHMENT 2A:
BIM Standards of Care
General Provisions. The Model shall be developed to include the systems described below as
they would be built, the processes of installing them, and to reflect final as-built construction
conditions. The deliverable Model at all different phases shall be developed to include as many
of the systems described below as are necessary and appropriate at that stage of design.
The Model shall be developed using Building Information Modeling (“BIM”) supplemented with
Computer Aided Design (“CAD”) content as necessary to produce a complete set of
Construction Documents.
The following Level of Development (LOD) descriptions identify the specific content
requirements and associated authorized uses for each Model Element at five progressively
detailed levels of completeness. Each subsequent LOD builds on the previous level and
includes all the characteristics of previous levels. The parties shall utilize the five LOD described
below in completing the Model, which establishes the required LOD for each Model Element at
each phase of the Project.
LEVEL OF DEVELOPMENT (LOD)
LOD 100: Proposal Reconciliation
Model Content Requirements. Overall building massing indicative of area, height, volume,
location, and orientation may be modeled in three dimensions or represented by other data.
Potential Uses
Analysis. The Model may be analyzed based on volume, area and orientation by application of
generalized performance criteria assigned to the representative Model Elements.
Cost Estimating. The Model may be used to develop a cost estimate based on current area,
volume or similar conceptual estimating techniques (e.g., square feet of floor area, etc.).
Schedule. The Model may be used for project phasing and overall duration.
LOD 200: Design Development Phase (Basic Service)
Model Content Requirements. Model Elements are modeled as generalized systems or
assemblies with approximate quantities, size, shape, location, and orientation. Non-geometric
information may also be attached to Model Elements. Partitions and furniture models shall be
included at this phase.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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p. 67
Exhibit 1
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Broward County Board of
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Bid R1324608P1
Potential Uses
Analysis. The Model may be analyzed for performance of selected systems by application of
generalized performance criteria assigned to the representative Model Elements.
Cost Estimating. The Model may be used to develop cost estimates based on the approximate
data provided and conceptual estimating techniques (e.g., volume and quantity of elements or
type of system selected).
Schedule. The Model may be used to show ordered, time-scaled appearance of major elements
and systems.
LOD 300: Construction Document Phase 50% & 100%
Model Content Requirements. Model Elements are modeled as specific assemblies accurate in
terms of quantity, size, shape, location, and orientation. Non-geometric information may also be
attached to Model Elements.
Detailed BIM Delivery Breakdown for Level 300:
Architectural/Interior Design. The Architectural systems Model may vary in level of detail for
individual building elements, but at a minimum the model must include all features that would be
included on a quarter inch (1/4”=1’0”) scaled drawing. Where applicable and as required for
construction documents, the model, or host platform will include additional scales as required to
show necessary details. Additional minimum Model requirements include:
Spaces. The Model shall include spaces defining actual net square footage and net volume, and
holding data to develop the room finish schedule including room names and numbers. Include
program information to verify design space against programmed space, using this information to
validate area quantities.
Walls and Curtain Walls. Each wall shall be depicted to the exact height, length, width,
materiality and ratings (thermal, acoustic, fire) to properly reflect wall types. The Model shall
include all walls, both interior and exterior, and the necessary intelligence to produce accurate
plans, sections and elevations depicting these design elements.
Doors, Windows and Louvers. Doors, windows and louvers shall be depicted to represent their
actual size, type and location. Doors and windows shall be modeled with the necessary
intelligence to produce accurate window and door schedules.
Roof. The Model shall include the roof configuration, drainage system, penetrations, specialties,
and the necessary intelligence to produce accurate plans, building sections and wall sections
where roof design elements are depicted.
Floors. The floor slab(s) shall be developed in the Structural Model and then referenced by the
Architectural Model.
Ceilings. All heights and other dimensions of ceilings, including soffits, ceiling materials, or other
special conditions shall be depicted in the Model with the necessary intelligence to produce
accurate plans, building sections and wall sections where ceiling design elements are depicted.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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Exhibit 1
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Broward County Board of
County Commissioners
Bid R1324608P1
Vertical Circulation. All continuous vertical components (i.e., non-structural shafts, architectural
stairs, handrails and guardrails) shall be accurately depicted and shall include the necessary
intelligence to produce accurate plans, elevations and sections in which such design elements
are referenced.
Architectural Specialties. All architectural specialties (i.e., toilet room accessories, toilet
partitions, grab bars, lockers, and display cases) and millwork (i.e., cabinetry and counters) shall
be accurately depicted with the necessary intelligence to produce accurate plans, elevations,
sections and schedules in which such design elements are referenced.
Signage. The Model shall include all signage and the necessary intelligence to produce
accurate plans and schedules.
Schedules. Provide door, window, hardware sets using Builders Hardware Manufacturers
Association (BHMA) designations, flooring, wall finish, and signage schedules from the Model,
indicating the type, materials and finishes used in the design.
Furniture. The furniture Model may vary in level of detail for individual elements, but at a
minimum must include all features that would be included on a quarter inch (1/4”=1’0”) scaled
drawing, and have necessary intelligence to produce accurate plans. Where applicable and as
required for construction documents, the model, or host platform will include additional scales as
required to show necessary details. Representation of furniture elements is to be 2D. Broward
County’s Representative may provide a minimal number of 3D representations as examples.
Examples of furniture include, but are not limited to, desks, furniture systems, seating, tables,
and office storage.
Furniture Coordination. Furniture that makes use of electrical, data or other features shall
include the necessary intelligence to produce coordinated documents and data.
Equipment. The Model may vary in level of detail for individual elements. Equipment shall be
depicted to meet layout and clearance requirements with the necessary intelligence to produce
accurate plans and schedules, indicating the configuration, materials, finishes, mechanical,
electrical requirements and all other related utilities. Examples of equipment include but are not
limited to copiers, printers, refrigerators, ice machines, microwaves, and equipment specifically
related to the operations and functions of the facility.
Schedules. Provide furniture and equipment schedules from the model indicating the materials,
finishes, mechanical, and electrical requirements.
Structural. The Structural systems Model may vary in level of detail for individual elements, but
at a minimum must include all features that would be included on a quarter inch (1/4”=1’0”)
scaled drawing. Where applicable and as required for construction documents, the model, or
host platform will include additional scales as required to show necessary details. Additional
minimum Model requirements include:
Foundations. All necessary foundation and/or footing elements, with necessary intelligence to
produce accurate plans and elevations.
Floor Slabs. Structural floor slabs shall be depicted with all necessary recesses, curbs, pads,
closure pours, and major penetrations accurately depicted. Major penetrations shall include A/C
duct chases and pipes larger than 6” dia. only.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
4/30/2015 11:48 AM
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Exhibit 1
70 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Structural Steel. All steel columns, primary and secondary framing members, and steel bracing
for the roof and floor systems (including decks), including all necessary intelligence to produce
accurate structural steel framing plans, related building/wall sections, and schedules.
Cast-in-Place Concrete. All walls, columns, beams, including necessary intelligence to produce
accurate plans and building/wall sections, depicting cast-in-place concrete elements.
Precast/Tilt up/CMU. All walls, columns, beams, including necessary intelligence to produce
accurate plans and building/wall sections, depicting such elements.
Expansion Joints. Joints shall be accurately depicted.
Stairs. All framing members for stair systems, including necessary intelligence to produce
accurate plans and building/wall sections depicting stair design elements.
Shafts and Pits. All shafts and pits, including necessary intelligence to produce accurate plans
and building/wall sections depicting these design elements.
Openings and Penetrations. All major openings and penetrations that would be included on a
quarter inch (1/4”=1’0”) scaled drawing.
Mechanical. The Mechanical systems Model may vary in level of detail for individual elements,
but at a minimum must include all features that would be included on a quarter inch (1/4”=1’0”)
scaled drawing. Where applicable and as required for construction documents, the model, or
host platform will include additional scales as required to show necessary details. Small
diameter (less than 1-1/2” NPS) field-routed piping is not required to be depicted in the Model.
Additional minimum Model requirements include:
HVAC. All necessary heating, ventilating, air-conditioning and specialty equipment, including air
distribution for supply, return, ventilation and exhaust ducts, control systems, chillers, registers,
diffusers, grills, and hydronic baseboards with necessary intelligence to produce accurate plans,
elevations, building/wall sections and schedules.
Mechanical Piping. All necessary piping and fixture layouts, and related equipment, including
necessary intelligence to produce accurate plans, elevations, building/wall sections, and
schedules.
Plumbing. All necessary plumbing piping and fixture layouts, floor and area drains, and related
equipment, including necessary intelligence to produce accurate plans, elevations, building/wall
sections, riser diagrams, and schedules.
Equipment Clearances. All Mechanical equipment clearances shall be modeled for use in
interference management and maintenance access requirements.
Elevator Equipment. All necessary equipment and control systems, including necessary
intelligence to produce accurate plans, sections and elevations depicting these design
elements.
Electrical/Telecommunications/Data. The Electrical and Telecommunications systems Model
may vary in level of detail for individual elements, but at a minimum must include all features
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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Exhibit 1
71 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
that would be included on a quarter inch (1/4”=1’0”) scaled drawing. Where applicable and as
required for construction documents, the model, or host platform will include additional scales as
required to show necessary details. Small diameter (less than 1-1/2ӯ) field-routed conduit is
not required to be depicted in the Model. Additional minimum Model requirements include:
Interior Electrical Power and Lighting. All necessary interior electrical components (i.e., lighting,
receptacles, special and general purpose power receptacles, lighting fixtures, panel boards,
cable trays and control systems), including necessary intelligence to produce accurate plans,
details and schedules. Lighting and power built into furniture/equipment shall be modeled.
Special Electrical. All necessary special electrical components (i.e., security, mass notification,
public address, nurse call and other special electrical occupancy sensors, and control systems),
including necessary intelligence to produce accurate plans, details and schedules.
Grounding. All necessary grounding components (i.e., lightning protection systems, static
grounding systems, communications grounding systems, and bonding), including necessary
intelligence to produce accurate plans, details and schedules.
Telecommunications/Data. All existing and new telecommunications service controls and
connections, both above ground and underground, with necessary intelligence to produce
accurate plans, details and schedules. Cable tray routing shall be modeled without detail of
cable contents.
Exterior Building Lighting. All necessary exterior lighting including all lighting fixtures, relevant
existing and proposed support utility lines and equipment with necessary intelligence to produce
accurate plans, details and schedules.
Equipment Clearances. All Electrical equipment clearances shall be modeled for use in
interference management and maintenance access requirements.
Fire Protection. The fire protection system Model may vary in level of detail for individual
elements, but at a minimum must include all features that would be included on a quarter inch
(1/4”=1’0”) scaled drawing. Where applicable and as required for construction documents, the
model, or host platform will include additional scales as required to show necessary details.
Small diameter (less than 1-1/2” NPS) field-routed piping is not required to be depicted in the
Model. Additional minimum Model requirements include:
Fire Protection System. All relevant fire protection components (i.e., branch piping, sprinkler
heads, fittings, drains, pumps, tanks, sensors, control panels) with necessary intelligence to
produce accurate plans, elevations, building/wall sections, riser diagrams, and schedules. All
fire protection piping shall be modeled.
Fire Alarms. Fire alarm/mass notification devices and detection system shall be indicated with
necessary intelligence to produce accurate plans depicting them.
Landscape. The Landscape Model may vary in level of detail for individual elements, but at a
minimum must include all features that would be included on a quarter inch (1/4”=1’0”) scaled
drawing, and have necessary intelligence to produce accurate plans. Representation of
Landscape elements is to be diagrammatic. Examples of landscape material include, but are not
limited to trees and shrubs.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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Exhibit 1
72 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Civil. The Civil Model may vary in level of detail for individual elements, but at a minimum must
include all features that would be included on a one inch (1”=100’) scaled drawing. Additional
minimum Model requirements include:
Terrain (DTM). All relevant site conditions and proposed grading, including necessary
intelligence to produce accurate Project site topographical plans and cross sections.
Drainage. All existing and new drainage piping, including upgrades thereto, including necessary
intelligence to produce accurate plans and profiles for the Project site.
Storm Water and Sanitary Sewers. All existing and new sewer structures and piping, including
upgrades thereto, with necessary connections to mains or other distribution points as
appropriate, including necessary intelligence to produce accurate plans and profiles .
Utilities. All necessary new utilities connections from the Project building(s) to the existing or
newly-created utilities, and all existing above ground and underground utility conduits, including
necessary intelligence to produce accurate plans and site-sections.
Roads and Parking. All necessary roadways, parking lots, and parking structures, including
necessary intelligence to produce accurate plans, profiles and cross-sections.
Potential Uses
Suitable for the generation of traditional construction documents and shop drawings.
Analysis. The Model may be analyzed for performance of selected systems by application of
specific performance criteria assigned to the representative Model Elements.
Cost Estimating. The Model may be used to develop cost estimates based on the specific data
provided and conceptual estimating techniques.
Schedule. The Model may be used to show ordered, time-scaled appearance of detailed
elements and systems.
LOD 400: BIM for Construction Administration (Optional)
Model Content Requirements. Model Elements are modeled as specific assemblies that are
accurate in terms of size, shape, location, quantity, and orientation with complete fabrication,
assembly, and detailing information. Non-geometric information may also be attached to Model
Elements.
Potential Uses
Construction. Model Elements are virtual representations of the proposed element and are
suitable for construction.
Analysis. The Model may be analyzed for performance of approved selected systems based on
specific Model Elements.
Cost Estimating. Costs are based on the actual cost of specific elements at buyout.
Schedule. The Model may be used to show ordered, time-scaled appearance of detailed
specific elements and systems including construction means and methods.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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Exhibit 1
73 of 101
Broward County Board of
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Bid R1324608P1
LOD 500: BIM for Facility Management (Optional)
Model Content Requirements. Model Elements are modeled as constructed assemblies actual
and accurate in terms of size, shape, location, quantity, and orientation. Non-geometric
information may also be attached to modeled elements.
Potential Uses
Facility Management. The Model may be utilized for maintaining, altering, and adding to the
Project, but only to the extent consistent with any licenses granted in the Agreement or in a
separate licensing agreement.
The Broward County’s Representative will coordinate in all Phases with the owner and
Developer to create and finalize the BIM Execution Plan inclusive of the categories and subcategories from the following table to establish the basis of Construction to Operations Building
Information Exchange or COBie execution.
23-13 00 00
23-15 00 00
23-17 00 00
23-21 00 00
23-21 11 00
23-23 00 00
23-27 00 00
23-27 13 00
23-29 00 00
23-29 11 00
23-29 13 00
23-29 25 00
23-29 25 19
23-29 27 00
23-31 00 00
23-33 00 00
23-33 29 00
23-35 00 00
23-35 23 00
23-35 23 21
23-35 37 00
23-35 37 11
23-37 00 00
23-21 11 00
Structural and Exterior Enclosure Products
Interior and Finish Products
Openings, Passages, and Protection Products
Furnishings, Fixtures and Equipment Products
Commercial Systems Furniture
Conveying Systems and Material Handling Products
General Facility Services Products
Control and Monitoring Boards Panels
Facility and Occupant Protection Products
Security Detection and Monitoring
Security Access Controls
Fire Fighting Equipment
Fire Extinguishers
Fire Ventilation Equipment
Plumbing Specific Products and Equipment
HVAC Specific Products and Equipment
HVAC Dampers
Electrical and Lighting Specific Products and Equipment
Power Conditioning Equipment
Uninterrupted Power Supply (UPS) Units
Electrical Switches
Automatic Transfer Switches
Information and Communication Specific Products and Equipment
Commercial Systems Furniture
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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Exhibit 1
74 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
End of Exhibit "A" – Attachment 2A: BIM Standards of Care
Professional Services Agreement
EXHIBIT A, SCOPE OF WORK
ATTACHMENT 3:
Architectural Program
NOT USED
Project No:
Project Title:
Facility
Name:
Project Number
Convention Center Expansion and Headquarters Hotel
Facility Name
A detailed architectural program is available from the Contract Administrator and
is attached to this document as Attachment 3, Architectural Program.
A detailed architectural program is not available from the Contract Administrator
and shall be developed by Broward County’s Representative under Programming
Option 1 of Predesign Services as further described below.
An architectural program is attached to this document as Attachment 3,
Architectural Program. Requirements for Broward County’s Representative's use
and modification of that generic program follow under Programming Option 2 of
Predesign Services as further described below.
The
Preliminary
Final architectural program for this project will be
provided by the Contract Administrator with the Broward County’s
Representative's Notice to Proceed. Broward County’s Representative's use of
this program is described within Exhibit A, Scope of Work of the Professional
Services Agreement for this project.
Exhibit A, Attachment 3 to BCF #202
(Rev. 12/15/14)
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p. 74
Exhibit 1
75 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Professional Services Agreement
EXHIBIT A, SCOPE OF WORK
ATTACHMENT 4:
Preliminary Project Budget
Project No:
Project Title:
Facility
Name:
Project Number
Convention Center Expansion and Headquarters Hotel
Facility Name
The Contract Administrator's preliminary project budget for this project follows this cover
sheet. Broward County’s Representative'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
discretion.
TO BE DETERMINED
Exhibit A, Attachment 4 to BCF #202
(Rev. 12/15/14)
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p. 75
Exhibit 1
76 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Professional Services Agreement
EXHIBIT B
SALARY COSTS
Project No:
Project Title:
Broward County’s
Representative/
(Prime)
Project Number
Convention Center Expansion and Headquarters Hotel
FILL IN POSITIONS AS APPLICABLE
MAXIMUM
HOURLY
RATE
($/HR)
$0.00
TITLE
Principal
MAXIMUM
BILLING
RATE
MULTIPLIER
X
=
($/HR)
$0.00
Project Manager
$0.00
$0.00
Job Captain
$0.00
$0.00
Senior Technician
$0.00
$0.00
Junior Technician
$0.00
$0.00
Drafter
Secretary
Clerk
Senior Engineer
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Multiplier of X.XX is calculated as follows:
OVERHEAD =
FRINGE
HOURLY RATE X OVERHEAD (X.XX)%
= HOURLY RATE X FRINGE (X.XX) %
PROFIT = (HOURLY RATE + OVERHEAD + FRINGE) X PROFIT (X.XX)%
MULTIPLIER =
(HOURLY RATE + OVERHEAD + FRINGE +
PROFIT) / HOURLY RATE
Exhibit B to BCF #202
(Rev. 12/15/14)
4/30/2015 11:48 AM
p. 76
Exhibit 1
77 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Professional Services Agreement
AMENDED EXHIBIT B
SALARY COSTS
Project No:
Project Title:
Broward
County’s
Representative
Subconsultant
Project Number
Convention Center Expansion and Headquarters Hotel
Name
AMENDED
MAXIMUM
BILLING
RATE
ORIGINAL
MAXIMUM
HOURLY
RATE
($/HR)
$0.00
AMENDED
MAXIMUM
RAW
SALARY
(X%
Increase)
($/HR)
$0.00
$0.00
$0.00
$0.00
Job Captain
Senior
Technician
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Junior Technician
$0.00
$0.00
$0.00
Drafter
$0.00
$0.00
$0.00
Secretary
Clerk
Senior Engineer
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TITLE
Principal
Project Manager
MULTIPLIER
x
=
($/HR)
$0.00
Multiplier of X.XX is calculated as follows:
OVERHEAD =
HOURLY RATE X OVERHEAD (X.XX)%
FRINGE = HOURLY RATE X FRINGE (X.XX) %
PROFIT = (HOURLY RATE + OVERHEAD + FRINGE) X PROFIT (X.XX)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
PROFIT) / HOURLY RATE
Exhibit B to BCF #202
(Rev. 12/15/14)
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p. 77
Exhibit 1
78 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Broward County’s Representative
County
_____________________________
_____________________________
Name/Title
Contract Administrator
Date:_________________________
Date:_____________________
Exhibit B to BCF #202
(Rev. 12/15/14)
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Exhibit 1
79 of 101
Broward County Board of
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Bid R1324608P1
EXHIBIT C
LETTERS OF INTENT
[Applicable when agreement has assigned CBE goals]
Broward County’s Representative represents that the CBE participants referenced in
the attached Letters of Intent have agreed by written subcontract to perform the
percentage of work amounts set forth and that the following information regarding
participating Subconsultants is true and correct to the best of his/her knowledge.
NONE FOR PHASE I
Exhibit C to BCF #202
(Rev. 12/15/14)
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Exhibit 1
80 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Professional Services Agreement
EXHIBIT C-1
SCHEDULE OF SUBCONSULTANT PARTICIPATION
Project No:
Project Title:
Facility
Name:
Project Number
Convention Center Expansion and Headquarters Hotel
Facility Name
No.
Firm Name
Discipline
1.
Firm Name
Discipline
2
Firm Name
Discipline
3
Firm Name
Discipline
4
Firm Name
Discipline
5.
6.
7
8
9.
10.
Exhibit C-1 to BCF #202
(Rev. 12/15/14)
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p. 80
Exhibit 1
81 of 101
Broward County Board of
County Commissioners
BCF #202
(Rev. 12/15/14)
4/30/2015 11:48 AM
Bid R1324608P1
-1-
p. 81
Exhibit 1
82 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Office of Economic and Small Business Requirements: CBE Goal Participation
A.
In accordance with Broward County Business Opportunity Act of 2012, Ordinance No.
2012-33, Broward County Code of Ordinances, the County Business Enterprise (CBE)
Program is applicable to this contract.
B.
CBE Program Requirements: Compliance with CBE participation goal requirements is a
matter of responsibility; required forms and information should be submitted with
solicitation submittal. If not provided with solicitation submittal, the Vendor must supply
information within three business days of the Office of Economic and Small Business
Development’s (OESBD) request. Vendor may be deemed non-responsible for failure to
fully comply within stated timeframes.
1.
In response to this Step One solicitation, Vendor should submit a Contractor
Assurance Statement on company letterhead, signed by the owner or
authorized company representative, affirming that company will comply with the
County’s non-discrimination policy, acknowledge the percentage goal
established on the project and, agree to engage in good faith effort solicitation of
approved Broward County Small Business Development Program firms to
achieve the project goals stated Special Instructions to Vendors.
2.
The CBE goal established for this project will be applicable to the entire
agreement, including amendments on the total project, with the exception of
Phase I.
D.
The Office of Economic and Small Business Development maintains an on-line directory
of CBE firms. The on-line directory is available for use by Vendors at
https://bcegov3.broward.org/SmallBusiness/SBDirectory.aspx
E.
For detailed information regarding the County Business Enterprise Program contact the
Office of Economic and Small Business Development at (954) 357-6400 or visit the
website at: http://www.broward.org/EconDev/SmallBusiness/
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Exhibit 1
83 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
CONTRACTOR ASSURANCE STATEMENT
(Vendor Letterhead)
CONTRACTOR ASSURANCE STATEMENT
PROJECT DESCRIPTION:
I,
, (Authorized Official/Agent) on behalf of the
(Vendor) hereby agree to comply with the County
Business Enterprise (CBE) requirements of the solicitation, between Broward County and
(Vendor) for
(Project).
1. Affirm that your company will comply with the County’s non-discrimination policy by
providing a non-discrimination Statement and;
2. Acknowledge the CBE percentage goal established on the project and;
3. Agree to engage in good faith effort solicitation of approved Broward County Small
Business Development Program firms to achieve the project goals as indicated in the
solicitation.
Authorized Agent of Vendor
Printed Name & Title
Telephone Number
Date:
4/30/2015 11:48 AM
p. 83
Exhibit 1
84 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
VENDOR QUESTIONNAIRE FORM
The completed Vendor Questionnaire should be submitted with the solicitation response but must be submitted within
three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation.
If a response requires additional information, the Vendor should attach a written detailed response; each
response should be numbered to match the question number. The completed questionnaire and attached
responses will become part of the procurement record. It is imperative that the person completing the Vendor
Questionnaire be knowledgeable about the proposing Vendor’s business and operations.
1. Legal business name:
2. Federal Employer I.D. no. (FEIN):
Dun and Bradstreet No.:
4. Doing Business As/ Fictitious Name (if applicable):
5. Website address (if applicable):


6. Principal place of business address:


7. Office location responsible for this project:
8. Telephone no.:
Fax no.:
9. TYPE OF BUSINESS (check appropriate box):
Corporation (Specify the State of Incorporation):
Sole Proprietor
Limited Liability Corporation
(LLC)
General Partnership (State and County filed in)
Limited Partnership
Other – Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
Telephone Number:
Fax Number:
E-mail:
Name:
4/30/2015 11:48 AM
Title:
p. 84
Exhibit 1
85 of 101
Broward County Board of
County Commissioners
Telephone Number:
Bid R1324608P1
Fax Number:
E-mail:
13.
Has your firm ever failed to complete any services and/or delivery of products
during the last three (3) years? If yes, specify details in an attached written
response.
Yes
No
14.
Is your firm or any of its principals or officers currently principals or officers of
another organization? If yes, specify details in an attached written response.
Yes
No
15.
Have any voluntary or involuntary bankruptcy petitions been filed by or against your
firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes
No
16.
Has your firm, its principals, officers or predecessor organization(s) been
debarred or suspended by any government entity within the last three years? If
yes, specify details in an attached written response.
Yes
No
17.
Has your firm’s surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or its
predecessor’s sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes
No
18.
Has your firm ever failed to complete any work awarded to you, services and/or
delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes
No
19.
Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.
Yes
No
20.
Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational
purposes only. Response is not considered in determining the award of this
contract. Living Wage had an effect on the pricing.
If yes, Living Wage increased the pricing by
by
4/30/2015 11:48 AM
Yes
N/A
No
% or decreased the pricing
%.
p. 85
Exhibit 1
86 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
STANDARD CERTIFICATIONS
The completed and acknowledged certifications should be submitted with the solicitation response but must be
submitted within three business days of County’s request. Failure to timely submit may affect Vendor’s evaluation.
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances, as amended, prohibits certain
communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members.
Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint
venturers. After the application of the Cone of Silence, inquiries regarding this solicitaiton should be directed to the
Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding
authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances, as
amended; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation
with the County Administrator, Deputy and Assistants to the County Administrator and their respective
support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or
recommend selection in this RFP/RLI process. For Communication with County Commissioners and
Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection
Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:
Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring
Board award be made only to firms certifying the establishment of a drug free workplace program. The program must
consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions
that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph
1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of
employment on a covered contract, the employee shall:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation
occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision
4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include
the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following
actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate
agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs
4/30/2015 11:48 AM
p. 86
Exhibit 1
87 of 101
g g
1 through 6.
Broward County Board of
County
Commissioners
g
p
p
Bid R1324608P1
g
g
p
p
g p
The Vendor hereby certifies that: (check box)
Vendor certifies that it has established a drug free workplace program in accordance with the above requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a
material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County
officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision
to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to
be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be
reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
Vendor certifies that this offer is made independently and free from collusion; or
Vendor is disclosing names of officers or employees who have a material interest in this procurement and
is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with
its submittal.
Public Entities Crimes Certification:
In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the
convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods
or services; for construction or repair of a public building or public work; for leases of real property to a public entity;
and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.
287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:
Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a response to a
solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes,
regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either
the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any
of its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List
I hereby certify the information provided in the Vendor Questionnaire Form and Standard Certifications:
*AUTHORIZED SIGNATURE/NAME
TITLE
DATE
Vendor Name:
4/30/2015 11:48 AM
p. 87
Exhibit 1
88 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal,
designation letter by Director/Corporate Officer, or other business authorization to bind on behalf of the Vendor. As the Vendor’s authorized
representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor ’s response, are accurate, true
and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor ’s response may be used
by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment
of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor’s response is made without prior
understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in
all respects fair and without collusion or fraud. I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation,
acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
4/30/2015 11:48 AM
p. 88
Exhibit 1
89 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
LITIGATION HISTORY FORM
The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor
must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to
fully comply within stated timeframes.
There are no material cases for this Vendor; or
Material Case(s) are disclosed below:
Is this for a: (check type)
Parent,
Subsidiary, or
Predecessor Firm?
If Yes, Name of Parent/Subsidiary/Predecessor:
or No
Party
Vendor is Plaintiff
Vendor is Defendant
Case Number, Name,
and Date Filed
Name of Court or other tribunal
Type of Case
Bankruptcy
Civil
Criminal
Administrative/Regulatory
Claim or Cause of Action and
Brief description of each Count
Brief description of the
Subject Matter and Project
Involved
Disposition of Case
Pending
(Attach copy of any applicable
Judgment, Settlement
Agreement and Satisfaction of
Judgment.)
Settled
Judgment Vendor’s Favor
Dismissed
Judgment Against Vendor
If Judgment Against, is Judgment Satisfied? Yes
No
Name:
Opposing Counsel
Email:
Telephone Number:
Vendor Name:
4/30/2015 11:48 AM
p. 89
Exhibit 1
90 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
AGREEMENT EXCEPTION FORM
The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, it shall be
deemed an affirmation by the Vendor that it accepts the terms and conditions of the County’s Agreement as disclosed
in the solicitation.
The Vendor must either provide specific proposed alternative language on the form below. Additionally, a brief
justification specifically addressing each provision to which an exception is taken should be provided.
There are no exceptions to the terms and conditions of the County Agreement as referenced in the
solicitation; or
The following exceptions are disclosed below: (use additional forms as needed; separate each
Article/ Section number)
Term or Condition
Article / Section
Insert version of exception or specific
proposed alternative language
Provide brief justification for
change
Vendor Name:
4/30/2015 11:48 AM
p. 90
Exhibit 1
91 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
LOCAL VENDOR CERTIFICATION FORM (PREFERENCE AND TIEBREAKER)
The completed and signed form should be returned with the Vendor͛s submittal to qualify for Local
Preference, however it must be returned at time of solicitation submittal to qualify for the Tie Break
ĐƌŝƚĞƌŝĂ͘ /Ĩ ŶŽƚ ƉƌŽǀŝĚĞĚ ǁŝƚŚ ƐƵďŵŝƚƚĂů͕ ƚŚĞ sĞŶĚŽƌ ŵƵƐƚ ƐƵďŵŝƚ ǁŝƚŚŝŶ ƚŚƌĞĞ ďƵƐŝŶĞƐƐ ĚĂLJƐ ŽĨ
County͛s request for evaluation of Local Preference. Proof of a local business tax must be returned at
time of solicitation submittal to qualify for the Tie Break criteria. Failure to timely submit this form or
local business tax receipt may render the business ineligible for application of the Local Preference.
Failure to timely submit this form or local business tax receipt at time of submittal will disqualify the
Vendor for this Tie Breaker.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie
Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a.
has a valid Broward County local business tax receipt;
b.
has been in existence for at least six-months prior to the solicitation opening;
c.
provides services on a day-to-day basis, at a business address physically located within the
ůŝŵŝƚƐ ŽĨ ƌŽǁĂƌĚ ŽƵŶƚLJ ĂŶĚ ŝŶ ĂŶ ĂƌĞĂ njŽŶĞĚ ĨŽƌ ƐƵĐŚ ďƵƐŝŶĞƐƐ͖ ĂŶĚ
d.
services provided from this location are a substantial component of the services offered in
the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq., Broward County Code of Ordinances, and
Broward County͛s Interlocal Reciprocity Agreement with Miami-ĂĚĞ ŽƵŶƚLJ͕ Ă ůŽĐĂů ďƵƐŝŶĞƐƐ ŵĞĞƚŝŶŐ
the below requirements is eligible for Local Preference. To qualify for the Local Preference, the
undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a.
has a valid corresponding County local business tax receipt;
b.
has been in existence for at least one-year prior to the solicitation opening;
c.
provides services on a day-to-day basis, at a business address physically located within the
ůŝŵŝƚƐ ŽĨ ƌŽǁĂƌĚ Žƌ DŝĂŵŝ-Dade County and in an area zoned for such business; and
d.
the services provided from this location are a substantial component of the services offered
in the Vendor's proposal.
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the
above requirements.
AUTHORIZED SIGNATURE/ NAME
4/30/2015 11:48 AM
TITLE
COMPANY
DATE
p. 91
Exhibit 1
92 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor’s submittal. If not provided with submittal, the
Vendor must submit within three business days of County’s request. Failure to provide timely may affect the
Vendor’s evaluation. This completed form must be included with the Vendor’s submittal at the time of the opening
deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of
County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of
Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm
is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar
volume of work previously paid by the County over a five-year period from the date of the submittal opening will
receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during
the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the
joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Item
No.
Project Title
Solicitation/
Contract
Number:
Date
Awarded
Department or
Division
Paid to Date
Dollar Amount
1
2
3
4
5
Grand Total
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the County?
Yes
No
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name:
Authorized Signature/ Name
4/30/2015 11:48 AM
Title
Date
p. 92
Exhibit 1
93 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM
If applicable, this form and additional required documentation should be submitted with the Vendor’s submittal. If
not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to
timely submit this form and supporting documentation may affect the Vendor’s evaluation.
The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a
Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is
not based the total payments to the Joint Venture firm.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during
the past five years as a member of a Joint Venture. The Vendor attests to the following:
Item
No.
Project Title
Solicitation/
Contract
Number:
Department
or Division
Date
Awarded
JV Equity
%
Paid to Date
Dollar
Amount
1
2
3
4
5
Grand Total
Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed
above. Each agreement must be executed prior to the opening date of this solicitation.
Vendor Name:
Authorized Signature/ Name
4/30/2015 11:48 AM
Title
Date
p. 93
Exhibit 1
94 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
VENDOR'S BUSINESS LOCATION ATTESTATION FORM
The completed and signed form and supporting information (if applicable, for Joint Ventures) should
be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit
within three business days of County’s request. Failure to timely submit this form and supporting
information may affect the Vendor’s evaluation.
Vendor Name:
The Vendor attests that it understands the County’s definition of a local business is as defined by the
Broward County Local Preference Ordinance, “Principal place of business means the nerve center
or center of overall direction, control and coordination of the activities of the bidder. If the bidder has
only one (1) business location, such business location shall be considered its principal place of
business.” The Vendor further attests that it understands that as defined by the US Supreme Court
“principal place of business is best read as referring to the place where a corporation's officers
direct, control, and coordinate the corporation's activities. It is the place that Courts of Appeals have
called the corporation's ‘nerve center’ and in practice it should normally be the place where the
corporation maintains its headquarters; provided that the headquarters is the actual center of
direction, control, and coordination, i.e., the ‘nerve center’, and not simply an office where the
corporation holds its board meetings (for example, attended by directors and officers who have
traveled there for the occasion).”
The Vendor also attests to the following:
1. Vendor’s address listed in its proposal is:
2. Vendor’s address as listed in the Florida Department of State Division of Corporations is:
3. If these two addresses are the same, this business address is the “nerve center” for the
Vendor.
4. If these two addresses are not same, the Vendor attests that the following business address
is the “nerve center” for the Vendor:
5. Vendor has been located at the listed “nerve center” address for at least six (6) months prior
to the opening date of this solicitation, which is:
6. If the Vendor has not been located at the address listed in #5 for at least six (6) months prior to
the opening date of this solicitation, the following address is the previous business location:
7. Vendor has not merged with another firm that is not headquartered in Broward County and is
not a wholly owned subsidiary or a holding company of another firm that is not headquartered
in Broward County.
8. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the
duration of the contract term, including any renewals, extensions or any approved interim
4/30/2015 11:48 AM
p. 94
Exhibit 1
95 of 101
Broward County Board of
County
g yCommissioners
Bid R1324608P1
y pp
contracts for the services provided under this contract.
9. The Vendor understands that if after awarding a contract in connection with the solicitation, the
County learns that the attestation was erroneous, and upon investigation determines that the
error was willful or intentional on the part of the Vendor, the County may, on that basis,
exercise any contractual right to terminate the contract. Further any misleading, inaccurate,
false information or documentation submitted by any party affiliated with this procurement may
lead to suspension and/or debarment from doing business with Broward County as outlined in
the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be
submitted:
1. Name of the Joint Venture Partnership
2. Percentage of Equity for all Joint Venture Partners
3. A copy of the executed Agreement(s) between the Joint Venture Partners
The signature below must be by an individual who is authorized to bind the Vendor. Your signature
below is an attestation that all information listed above and provided to Broward County is true and
accurate.
Authorized Signature/Name
4/30/2015 11:48 AM
Title
Vendor Name
Date
p. 95
Exhibit 1
96 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
SUBCONTRACTORS/SUBCONSULTANTS/SUPPLIERS INFORMATION FORM
The following forms and supporting information (if applicable) should be returned with Vendor’s submittal. If not
provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely
submit may affect Vendor’s evaluation.
A.
The Vendor shall submit a listing of all subcontractors, subconsultants and major material suppliers (firms),
if any, and the portion of the contract they will perform. A major material supplier is considered any firm
that provides construction material for construction contracts, or commodities for service contracts in
excess of $50,000, to the Vendor.
B.
If participation goals apply to the contract, only non-certified firms shall be identified on the form. A non
certified firm is a firm that is not listed as a firm for attainment of participation goals (ex. County Business
Enterprise or Disadvantaged Business Enterprise), if applicable to the solicitation.
C.
This list shall be kept up-to-date for the duration of the contract. If subcontractors, subconsultants or
suppliers are stated, this does not relieve the Vendor from the prime responsibility of full and complete
satisfactory performance under any awarded contract.
D.
After completion of the contract/final payment, the Vendor shall certify the final list of non-certified
subcontractors, subconsultants, and suppliers that performed or provided services to the County for the
referenced contract.
If none, state “none” on this form. Use additional sheets as needed.
1. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Contact Person’s Name and Position:
Contact Person’s E-Mail Address:
Estimated Subcontract/Supplies Contract Amount:
Type of Work/Supplies Provided:
2. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Contact Person’s Name and Position:
4/30/2015 11:48 AM
p. 96
Exhibit 1
97 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Contact Person’s E-Mail Address:
Estimated Subcontract/Supplies Contract Amount:
Type of Work/Supplies Provided:
I certify that the information submitted in this report is in fact true and correct to the best of my knowledge.
Authorized Signature/Name
4/30/2015 11:48 AM
Title
Vendor Name
Date
p. 97
Exhibit 1
98 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
LOBBYIST REGISTRATION REQUIREMENT CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within
three business days of County’s request. Vendor may be deemed non-responsive for failure to fully
comply within stated timeframes.
The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with a
competitive solicitation, it shall be deemed non-responsive unless the firm, in responding to the
competitive solicitation, certifies that each lobbyist retained has timely filed the registration or
amended registration required under Broward County Lobbyist Registration Act, Section 1-262,
Broward County Code of Ordinances; and it understands that if, after awarding a contract in
connection with the solicitation, the County learns that the certification was erroneous, and upon
investigation determines that the error was willful or intentional on the part of the Vendor, the County
may, on that basis, exercise any contractual right to terminate the contract for convenience.
The Vendor hereby certifies that: (select one)
It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation;
however, if retained after the solicitation, the County will be notified.
It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and
certified that each lobbyist retained has timely filed the registration or amended registration
required under Broward County Lobbyist Registration Act, Section 1-262, Broward County
Code of Ordinances.
It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby
in connection with this solicitation be listed below:
Authorized
Signature/Name
4/30/2015 11:48 AM
Print Name of Lobbyist
Print Lobbyist’s Firm
Print Name of Lobbyist
Print Lobbyist’s Firm
Title
Vendor Name
Date
p. 98
Exhibit 1
99 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Submission of Sealed Submittals
Request for Letters of Interest, Request for Proposals, or Request for Qualifications
1. Vendor should submit the number of printed copies and electronic copies (CD/DVD/flash drive)
as requested, per Special Instructions to Vendors for this solicitation. Electronic response
should contain a single PDF file that contains your entire response with each page of the
response in the order as presented in the solicitation document, including any attachments.
CD/DVDs/Flash drives included in the submittal must be finalized or closed so that no changes
can be made to the contents of the files. Electronic submission of submittal does not eliminate
the required printed copies of solicitation.
2. It is the responsibility of the Vendor to assure that the information submitted in both its hardcopy
written response and electronic responses are consistent and accurate. If there is a
discrepancy, the information provided in the written response shall govern.
3. Confidential information on CD/DVD/flash drive (i.e. financial statements), must be submitted in a
separate bound document labeled "Name of Vendor, Attachment to Proposal Package,
SOLICITATION# - Confidential Matter". The Vendor must identify the specific section of the
Florida Statutes that authorizes the exemption from the Public Records Law. CD/DVDs/flash
drives included in the submittal must also comply with this requirement and separate any
materials claimed to be confidential. Confidential information should not be submitted through
BidSync.
4. It is important that each CD/DVD/flash drive be labeled with the Vendor name, solicitation number
and title, and placed in an individual disc envelope (if CD/DVD).
5. The Purchasing Division must receive hardcopy and electronic submittals no later than 5:00 pm
on required due date. Purchasing will not accept late or misdirected submittals. If fewer than
three Vendors respond to this solicitation, the Director of Purchasing may extend the deadline for
submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due
date.
6. Send all printed solicitation submittals to:
Broward County Purchasing Division
115 South Andrews Avenue, Room 212
Fort Lauderdale, FL 33301
Re: Solicitation Number:
4/30/2015 11:48 AM
p. 99
Exhibit 1
100 of 101
Broward County Board of
Bid R1324608P1
County
CommissionersManagement Services
Insurance Requirement
Construction
The following coverage is deemed the minimum insurance required for this project. The selected firm must be prepared to provide
proof of insurance commensurate with or in excess of this requirement. Any deviation is subject to the approval of Risk Management.
TYPE OF INSURANCE
MINIMUM LIABILITY LIMITS
Each Occurrence
COMMERCIAL GENERAL LIABILITY
Broad form or equivalent
Bodily Injury
With no exclusions or limitations for:
[x ] Premises–Operations
[x ] Explosion, Collapse, Underground Hazards
[x ] Products/Completed Operations Hazard
[x ] Contractual Insurance
[x ] Independent Contractors
[x ] Personal Injury
[ ] Other:
Property Damage
BUSINESS AUTO LIABILITY
Bodily Injury (each
person)
COMPREHENSIVE FORM
[x]
[x]
[x]
[x]
[x]
Owned
Hired
Non-owned
Scheduled
Any Auto
EXCESS/UMBRELLA LIABILITY
May be used to supplement minimum
liability coverage requirements.
[x ] WORKERS’ COMPENSATION
[x ] EMPLOYERS’ LIABILITY
[X] PROFESSIONAL LIABILITY ~ E&O
Any claims-made policy must remain in
force for 3 years after Project completion
[ ] BUILDER’S RISK (PROPERTY)
“ALL RISK” WITH WIND AND FLOOD
Coverage must remain in force until written
final acceptance by County.
Combined single limit
Bodily Injury &
Property Damage
$10 mil
Aggregate
$10 mil
Personal Injury
Bodily Injury (each
accident)
Property Damage
Combined single limit
Bodily Injury &
Property Damage
Follow form basis or
$ 1 mil
Add’l insd endorsement is required
Chapter 440 FS
STATUTORY
(each accident)
$ 1 mil
U.S. Longshoremen &
Harbor Workers’ Act &
Jones Act is required
for any activities on or
about navigable water
(each accident)
$ 10 mil
$10 mil
Extended reporting
period
3 yrs
Maximum Deductible:
$10 k
DED for WIND or WIND & FLOOD not to
exceed 5% of completed value
Completed
Value
form
CONTRACTOR IS RESPONSIBLE FOR DEDUCTIBLE
[ ] Installation floater
Maximum Deductible:
Coverage must be “All Risk”, completed value.
CONTRACTOR IS
Coverage must remain in force until written
RESPONSIBLE FOR
final acceptance by County.
DEDUCTIBLE
$10 k
Completed
Value
form
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
REFERENCE: Convention Center CPM
CERTIFICATE HOLDER:
Broward County
115 South Andrews Avenue
Fort Lauderdale, FL 33301
Digitally signed by JACQUELINE
BINNS
DN: cn=JACQUELINE BINNS,
ou=Organization, dc=cty
Date: 2015.02.05 13:35:48
-05'00'
_________________________________
Risk Management Division
Revised 2015
4/30/2015 11:48 AM
p. 100
Exhibit 1
101 of 101
Broward County Board of
County Commissioners
Bid R1324608P1
Question and Answers for Bid #R1324608P1 - Broward County's Representative Convention
Center Expansion & Headquarters Hotel
Overall Bid Questions
There are no questions associated with this bid.
4/30/2015 11:48 AM
p. 101