AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2 

Page 1 of 379 

AGREEMENT 

between 

BROWARD COUNTY 

and 

Cummings-Balfour Beatty, A Joint Venture 

for 

CONSTRUCTION MANAGER AT RISK SERVICES 

TERMINAL 4 GATE REPLACEMENT - WESTERN EXPANSION 

at the 

Fort Lauderdale-Hollywood International Airport 

IN BROWARD COUNTY, FLORIDA 

RLI # R0787918R1 

CM @ Risk Agreement R0787918R1

Exhibit 2 

Page 2 of 379 

Terminal 4 Gate Replacement – Western Expansion 

CONSTRUCTION AGREEMENT 

Construction Manager at Risk Services Contractor 

______________________________________________________ 

Broward County, Florida 

TABLE OF CONTENTS 

ARTICLE 1 – THE PROJECT AND PROJECT TEAM.................................................................. 6 

ARTICLE 2 - DEFINITIONS .......................................................................................................... 6 

ARTICLE 3 – THE WORK .......................................................................................................... 11 

3.5 SUPERINTENDENCE AND SUPERVISION: ...................................................... 13 

3.8 SUBMITTALS: ............................................................................................. 14 

ARTICLE 4 - PRIORITY OF PROVISIONS ................................................................................ 20 

ARTICLE 5 – CPM’S AUTHORITY ............................................................................................. 21 

ARTICLE 6 - TERM OF AGREEMENT/TIME FOR PERFORMANCE/LIQUIDATED DAMAGES 

............................................................................................................................ 22 

6.1 CONTRACT TIME ........................................................................................ 22 

6.3 SUBSTANTIAL COMPLETION DATE .............................................................. 24 

6.5 NOTIFICATION OF CHANGE OF CONTRACT TIME OR CONTRACT PRICE: ....... 26 

ARTICLE 7 - CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS ............. 27 

7.2 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS: .................................. 27 

7.3 CONTRACT PRICE ELEMENT ADJUSTMENT MEMORANDA (CPEAM):............ 27 

7.4 CHANGE ORDERS: ..................................................................................... 28 

7.5 NO DAMAGES FOR DELAY .......................................................................... 29 

7.6 EXCUSABLE DELAY: COMPENSABLE & NON-COMPENSABLE: ....................... 30 

ARTICLE 8 - PAYMENTS AND COST OF THE WORK ............................................................. 31 

8.4.1 SUBCONTRACTOR COSTS .......................................................................... 32 

8.4.2 CONTRACTOR’S LABOR COSTS .............................................................. 32 

8.4.3 MATERIALS AND EQUIPMENT ...................................................................... 32 

8.4.4 MISCELLANEOUS COSTS ............................................................................ 32 

8.5 EXCLUSIONS TO COST OF THE WORK ......................................................... 34 

8.6 PROGRESS PAYMENTS .............................................................................. 35 

ARTICLE 9 – CONTRACT PRICE ELEMENTS ......................................................................... 39 

9.2 CONTRACTOR’S DIRECT CONSTRUCTION COST. ..................................... 39 

9.3 CONTRACTOR’S GENERAL CONDITIONS ................................................. 39 

9.4 CONTRACTOR’S MANAGEMENT SERVICES .............................................. 39 

9.5 CONTRACTOR’S FIXED FEE .................................................................... 40 

9.6 DOCUMENT COMPLETION CONTINGENCY ................................................... 40 

CM @ Risk Agreement R0787918R1 Page 1 of 85

Exhibit 2 

Page 3 of 379 


9.7 CONTRACTOR’S CONSTRUCTION CONTINGENCY ..................................... 40 

9.10 CONTRACTOR’S EARLY CONSTRUCTION GENERAL CONDITIONS .............. 41 

9.11 COUNTY’S EARLY WORK CONTINGENCY .................................................. 41 

ARTICLE 10 - DISCOUNTS, REBATES AND REFUNDS .......................................................... 41 

ARTICLE 12 - INSURANCE ....................................................................................................... 43 

ARTICLE 13 - INDEMNIFICATION ............................................................................................. 52 

ARTICLE 14 - PERFORMANCE AND PAYMENT BOND AND QUALIFICATIONS OF SURETY 

............................................................................................................................ 53 

ARTICLE 15 - INDEPENDENT CONTRACTOR......................................................................... 55 

ARTICLE 16 - PROJECT RECORDS ......................................................................................... 55 

ARTICLE 17 - SURVEY .............................................................................................................. 56 

ARTICLE 18 - CONTRACTOR’S RESPONSIBILITY FOR THE WORK ..................................... 57 

ARTICLE 19 - OCCUPATIONAL HEALTH AND SAFETY.......................................................... 58 

ARTICLE 20 - PERMITS, LICENSES AND IMPACT FEES ....................................................... 61 

ARTICLE 21 - PERSONNEL ...................................................................................................... 62 

ARTICLE 22 - CONTRACTOR’S WARRANTIES ....................................................................... 62 

ARTICLE 23 - DEFECTIVE WORK ............................................................................................ 63 

ARTICLE 24 - SIGNAGE ............................................................................................................ 64 

ARTICLE 25 - PUBLIC ENTITY CRIMES ACT ........................................................................... 65 

ARTICLE 26 - OWNERSHIP OF CONTRACT DOCUMENTS ................................................... 65 

ARTICLE 27 - CONTRACTOR’S REPRESENTATIVE ............................................................... 65 

ARTICLE 28 - COUNTY’S RIGHT TO TERMINATE AGREEMENT ........................................... 66 

ARTICLE 29 - CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE AGREEMENT ... 67 

ARTICLE 30 - RESOLUTION OF DISPUTES ............................................................................ 68 

ARTICLE 31 - NOTICES ............................................................................................................. 69 

ARTICLE 32 - EEO AND CBE PROVISIONS ............................................................................. 70 

32.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND 

AMERICANS WITH DISABILITIES ACT ............................................................. 70 

ARTICLE 33 - HURRICANE AND DISASTER PREPAREDNESS ............................................. 76 

ARTICLE 34 - OTHER TERMS & CONDITIONS........................................................................ 77 

ARTICLE 35 – AIRPORT SECURITY ......................................................................................... 80 


Exhibit 2 

Page 4 of 379 


List of Exhibits, Forms & Attachments ........................................................................................ 80 

Exhibit 1: 

Exhibit 2: 

Exhibit 3: 

Exhibit 4: 

Exhibit 5: 

Exhibit 6: 

Exhibit 7: 

Exhibit 8: 

Exhibit 9: 

Exhibit 10: 

CONTRACTOR’s Direct Construction Cost .................................................. 1 Page 

CONTRACTOR’s General Conditions .......................................................... 1 Page 

CONTRACTOR’s Management Services .................................................... 1 Page 

Prevailing Wage Rate Determination ......................................................... 5 Pages 

List of Pricing Documents ........................................................................... 4 Pages 

OCIP Insurance Manual ........................................................................... 47 Pages 

OCIP Safety and Loss Prevention Manual ............................................... 60 Pages 

Division 1 Specifications ......................................................................... 146 Pages 

Security – Badging Requirements & Ramp Driving Privileges ................. 17 Pages 

Key Employees ............................................................................................ 1 Page 

Exhibit 11: Core Staff .............................................................................................. 1 Page 

Exhibit 12: 

Exhibit 13: 

Exhibit 14: 

Exhibit 15: 

Form 1: 

Form 2: 

Form 3: 

Form 4: 

Form 5: 

Form 6: 

Form 7: 

Form 8: 

Schedule of Subcontractors and Vendors .................................................. 2 Pages 

CONTRACTOR’s Early General Conditions ................................................. 1 Page 

Preconstruction General Conditions ........................................................... 6 Pages 

Contractor’s Preconstruction Management Services ................................. 3 Pages 

Statement of Compliance - Prevailing Wage Rate Ordinance ...................... 1 Page 

Certification of Substantial Completion....................................................... 2 Pages 

Form of Final Receipt ................................................................................. 2 Pages 

Form of Performance Bond ........................................................................ 3 Pages 

Form of Payment Bond .............................................................................. 3 Pages 

CBE Monthly Utilization Report .................................................................... 1 Page 

CBE Letter of Intent ...................................................................................... 1 Page 

Schedule of CBE Participation ................................................................... 1 Pages 


Exhibit 2 

Page 5 of 379 


Form 9: 

Form 10: 

Form 11: 

From 12: 

Final CBE Utilization Report ....................................................................... 1 Pages 

CBE Unavailability Report ............................................................................ 1 Page 

Weekly Time Sheet ...................................................................................... 1 Page 

Certification of Payments to Subcontractors & Vendors............................. 1 Pages 

(Remainder of this page intentionally left blank) 


Exhibit 2 

Page 6 of 379 


CONSTRUCTION AGREEMENT 

Construction Manager at Risk Services Contractor 

______________________________________________________ 


AGREEMENT made as of the ________day of ________________ , 20___. 

BY AND BETWEEN: Broward County, a political subdivision of State of Florida (COUNTY) 

and the Construction Manager at Risk (CONTRACTOR): 


Federal Identification No. 65-0746297 

Project Summary 

The following summary (the Project Summary) identifies the construction project which is the 

subject of this Agreement, including certain financial terms and deadlines. All terms in this 

Project Summary are more fully defined or referenced in Article 2 of this Agreement. 

The Project is: Terminal Four (T-4) Gate Replacement – 

Western Expansion at the Fort Lauderdale- 

Hollywood International Airport 


The Contract Administrator is: 

The Program Manager is: 

Steven T. Wiesner, P.E. 

Director AEP 

Broward County Aviation Department 

100 Aviation Boulevard 

Fort Lauderdale, Florida 33315 

Jim Pantina 

Program Director 

DMJM Aviation, Inc. 

1170 Lee Wagner Boulevard 



Exhibit 2 

Page 7 of 379 


The Construction Project Manager is: 

The Consultant is: 

The Contract Time is: 


3575 NW 53 rd Street 


Ian Nestler and Bernard Zyscovich 

Pierce Goodwin Alexander and Lindville, Inc. and 

Zyscovich, Inc. (a Joint Venture) 

791 Park of Commerce Boulevard 

Suite 400 

Boca Raton, Florida 33487 

TBD Calendar days to Substantial Completion 

TBD Calendar days to Final Completion 

ARTICLE 1 - THE PROJECT AND PROJECT TEAM 

1.1 CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and 

incidentals necessary to perform all of the work described in the Contract Documents 

Including drawings, specifications and addenda thereto for the Project known as the T4 

Gate Replacement – Western Expansion (Project Number: 3300), prepared by Pierce 

Goodwin Alexander and Lindville, Inc. and Zyscovich, Inc. (a Joint Venture). 

1.1.1 Location of Work: The T-4 Gate Replacement - Western Expansion, which is 

located at 300 Terminal Drive, Fort Lauderdale, Florida 33315 in Broward County, 

Florida. 

1.2 The CONTRACTOR accepts the relationship of trust and confidence established between it 

and the COUNTY by this Agreement. CONTRACTOR covenants with the COUNTY to 

furnish its best skill and judgment and to cooperate with the other members of the Project 

Team in furthering the interests of the COUNTY. 

1.3 CONTRACTOR agrees to provide efficient business administration and superintendence, 

and to use its best efforts to complete the Project in the most expeditious and economical 

manner, consistent with the COUNTY’s interests. 

ARTICLE 2 - DEFINITIONS 

Whenever the following terms appear in the Contract Documents, the intent and meaning 

shall be interpreted as follows: 

2.1 Agreement: means this document, Articles 1 through Article 35, inclusive. Other terms and 

conditions are included in the exhibits and documents that are expressly incorporated by 

reference. 


Exhibit 2 

Page 8 of 379 


2.2 Airport: The Fort Lauderdale-Hollywood International Airport, Broward County, Florida, as 

described in the Master Plan Update, including such additional property that may be 

acquired to implement development as described therein. 

2.3 Aviation Department (or BCAD): The Broward County Aviation Department, or any 

successor agency. 

2.4 Baseline Schedule: A project schedule accepted by the CA that is the standard by which 

Project performance is measured. The Baseline Schedule must include all contractual start 

and finish dates and critical interim milestones, and demonstrate how these dates are 

achieved through the sequencing of project activities, The Baseline Schedule requirements 

are further described in Division 1 Specifications or other contract provisions within the 

Contract Documents. 

2.5 Board: The Board of County Commissioners of Broward County, Florida, its successors and 

assigns. 

2.6 Broward County Aviation Department Project Manager (BCAD PM): An employee of 

Broward County Aviation Department assigned to manage consultant and construction 

contracts, as a representative of the Contract Administrator (CA). 

2.7 Change Order: A written document, properly executed by the County, ordering a change in 

the Contract Price or Contract Time or a material change in the Work. 

2.8 Construction Project Manager (CPM): means a firm, joint venture, or entity selected by the 

COUNTY to perform construction management services as defined by the COUNTY and as 

an agent of the COUNTY. The CPM typically serves as the CONTRACTOR’s primary point 

of contact during the construction phase to the CA through the PMO. 

2.9 Consultant: Architect(s) or Engineer(s) under contract with COUNTY for the particular Work 

or Phase of the Project, providing professional design services for this Project. 

2.10 Contract Administrator (CA): means the Director of the Broward County Aviation 

Department, or designee, pursuant to written delegation by the Director of the Broward 

County Aviation Department, or some other employee expressly designated as Contract 

Administrator in writing by the County Administrator. In the administration of this Agreement, 

as contrasted with matters of policy, all parties may rely upon instruction or determination 

made by the Contract Administrator, provided, however, that such instruction and 

determination do not change the Scope of Services or any of the express terms of the 


2.11 Contract Documents: This Agreement and its exhibits, attachments and forms, drawings and 

specifications, the Request For Letters of Interest and CONTRACTOR’s response thereto 

(as negotiated and accepted by the COUNTY), any amendments and Addenda to the 

Contract Documents, the record of the contract award by the Board of County 

Commissioners, the Performance Bond and Payment Bond, the Notice of Award, the 

Notice(s) to Proceed, the Purchase Order and all agreed upon modifications issued after 

execution of the Agreement are the documents which are collectively referred to as the 


Exhibit 2 

Page 9 of 379 


Contract Documents. A detailed enumeration of the applicable drawings and specifications 

are provided in Exhibit 5 to this Agreement. 

2.12 Contract Price: The amount established in the Agreement as the amount the COUNTY is 

obligated to pay for full and complete performance of the Work required by the Contract 

Documents. 

2.13 Contract Price Element Adjustment Memorandum (CPEAM): A document issued by CA to 

memorialize the reallocation of sums between contract price elements included within the 

Contract Price. 

2.14 Contract Time: The time between the Project Initiation Date specified in the Notice to 

Proceed after the GMP is established and authorizes the GMP work to begin and Final 

Completion, including any milestone dates thereof, established in the Agreement, as may be 

amended by Change Order. 

2.15 CONTRACTOR: The Managing General Contractor, Construction Manager-at-Risk (CM @ 

Risk), Cummings Balfour Beatty, a joint venture. 

2.16 Controlling Items of Work: Activities shown on the Baseline Schedule identified with a 

milestone date. 

2.17 COUNTY or Owner: Broward County, Florida, the public body which is a party hereto and for 

which this Agreement is to be performed. In all respects hereunder, COUNTY’s performance 

is pursuant to COUNTY’s position as the owner of a construction project. In the event 

COUNTY exercises its authority as a governmental body, the exercise of such authority and 

the enforcement of any rules, regulations, laws and ordinances shall be deemed to have 

occurred pursuant to COUNTY’s authority as a governmental body and shall not be 

attributable in any manner to COUNTY as a party to this Agreement. 

2.18 Critical Path: A sequence of Work activities shown in the Baseline Schedule, which 

establish the total duration of time for the construction of the Work, and if such activities 

were delayed or extended, would change the construction duration established in the 

accepted Baseline Schedule. 

2.19 Early Construction Work Activities: Work performed by the Contractor immediately following 

the issuance of the Notice To Proceed for early work and prior to the establishment of the 

Guaranteed Maximum Price. Such activities may include, but are not limited to select 

demolition, excavation, foundations, utility construction, and all permits necessary to perform 

Early Construction Work. 

2.20 Field Order or Supplemental Instruction: A written order which further describes details or 

provides interpretations necessary to complete the Work of the Contract Documents in 

accordance with Section 7.2 but which does not involve a change in the Contract Price or 

Contract Time. 

2.21 Final Completion: The date certified by CPM and Consultant in the Final Certificate of 

Payment, and as finally determined by Contract Administrator’s (CA’s) sole discretion, upon 


Exhibit 2 

Page 10 of 379 


which all conditions and requirements of any permits and regulatory agencies have been 

satisfied; any documents required by the Contract Documents have been received by CPM; 

any other documents required to be provided by CONTRACTOR have been received by 

CPM; and to the best of CPM’s and Consultant's knowledge, information and belief the Work 

defined herein has been fully completed in accordance with the terms and conditions of the 


2.22 General Conditions: The provision of facilities or performance of work by the 

CONTRACTOR for items, which do not lend themselves readily to inclusion in one of the 

separate trade contracts. The General Conditions may include, but are not limited to, those 

items listed on Exhibit 2. Payment for the General Conditions will be as set forth in section 

9.1and included as part of the GMP. 

2.23 Guaranteed Maximum Price (GMP): The dollar amount negotiated by COUNTY and the 

CONTRACTOR as payment for the complete construction of the Project, which amount shall 

include, but not be limited to, all profit, overhead, on-site and off-site conditions (known and 

unknown as set forth in Section 3.7), and administrative costs. The GMP is made up of the 

following contract price elements: 

CONTRACTOR's Direct Construction Cost 

CONTRACTOR’s General Conditions 

CONTRACTOR’s Management Services 

CONTRACTOR’s Fixed Fee 

Document Completion Contingency* 

CONTRACTOR’s Contingency 

CONTRACTOR’s Early Construction Work 

CONTRACTOR’S Early Construction General Conditions 

CONTRACTOR’s Pre-Construction Services 

COUNTY’s Contingency * 

COUNTY’s Early Work Contingency* 

*As authorized by the Contract Administrator 

The total maximum price potentially payable by COUNTY to CONTRACTOR shall be no 

more than the GMP. 

2.24 County Business Enterprise (CBE): A firm duly certified as a small county business 

enterprise by the COUNTY under criteria and eligibility requirements of the Broward County 

Business Opportunity Act of 2004 and the County Business Enterprise Act of 2009. 

2.25 Notice(s) to Proceed (NTP): One or more written notices from the Contractor Administrator 

to CONTRACTOR authorizing the commencement of Work, or some portion of Work as 

defined in the NTP. 

2.26 Owner Controlled Insurance Program (OCIP): A centralized insurance program under which 

the COUNTY procured specified insurance coverage on behalf of all contractors and 

subcontractors performing work on various capital improvement projects, as described in 

Article 12, and in Exhibits 6 and 7 to this Agreement. 


Exhibit 2 



2.27 Plans or Drawings: The official graphic representations of the Project which are a part of the 


2.28 Pricing Documents: The set of drawings and specifications upon which the GMP is 

negotiated as enumerated in Exhibit 5. 

2.29 Program Manager: The Program Management Office (PMO) is the professional organization 

the COUNTY has contracted to provide program management services to the Project, or 

such other entity designated by the COUNTY. 

2.30 Project: The construction of Terminal 4 Gate Replacement – Western Expansion (Project 

Number 3300) for COUNTY pursuant to those Contract Documents as enumerated in 

Exhibit (TBD) 

2.31 Project Initiation Date: The date upon which the Contract Time commences, as established 

in a Notice To Proceed. 

2.32 Project Manager: Employee of BCAD representing the CA on this project. 

2.33 Project Plan: A written description of the resources and equipment CONTRACTOR intends 

to use at the time of pricing, in coordination with the Baseline Schedule, to complete the 

Work. The plan will describe the staging of materials, placement of equipment, use of 

temporary utilities, and other factors necessary to allow COUNTY to maintain the Airport in 

operating condition. 

2.34 Subcontractor: A person, firm or corporation having a direct contract with CONTRACTOR 

including one who furnishes material worked to a special design according to the Contract 

Documents for this work, but does not include one who merely furnishes material not so 

worked. 

2.35 Substantial Completion: That date, as certified in writing by CPM and Consultant and as 

finally determined by Contract Administrator’s sole discretion, the Work, or a portion thereof, 

is at a level of completion in substantial compliance with the Contract Documents such that 

all conditions of permits and regulatory agencies have been satisfied and the COUNTY or its 

designee can enjoy use or occupancy and can use or operate it in all respects for its 

intended purpose. A Certificate of Occupancy (or a Temporary Certificate of Occupancy 

(TCO) or other alternate municipal/county authorization for limited or conditional occupancy 

acceptable to the Contract Administrator) must be issued for Substantial Completion to be 

achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to 

be determinative of the achievement or date of Substantial Completion. 

2.36 Surety: The company or individual which is bound by the performance bond and payment 

bond with and for CONTRACTOR, who is primarily liable, and which surety company or 

individual is responsible for CONTRACTOR's acceptable and timely performance and 

completion of the work under the Agreement and for the payment of all debts pertaining 

thereto in accordance with Section 255.05, Florida Statutes. 


Exhibit 2 



2.37 Work: The totality of the obligations, including but not limited to administration, procurement, 

materials, equipment, labor, construction and other services necessary for the 

CONTRACTOR, or its agents, to fulfill the CONTRACTOR’s obligations under this 

Agreement. 

ARTICLE 3 – THE WORK 

3.1 The CONTRACTOR shall perform all of the Work required by the Contract Documents and 

as generally described in Article 3.1.1, below, and which may be revised or added to from 

time to time to reflect clarifications, budget revisions, and approved changes. 

3.1.1 CONTRACTOR shall oversee the construction of the Terminal 4 Gate Replacement 

– Western Expansion (Project). The scope includes, but is not limited to, the 

following: 

repositioning/relocation of certain Concourse H gates; 

western expansion of Concourse H (specifically, construction of a minimum of 

three (3) new swing gates); 

a secure connector between Terminal 3 and Terminal 4 swing gates, including 

required modifications to Terminal 3 to accommodate the connection; 

a sterile corridor (bridge and vertical circulation core) from the western expansion 

to the existing Federal Inspections Services; 

new office space for BCAD (including an Operations Communication Center and 

FLL Emergency Operations Center); 

Space development for an in-line baggage system; and 

Covering the existing bag make-up area. 

3.1.2 The scope of work may include additions, modifications and renovations in Terminal 

4 to support the Gate Replacement and in Terminal 3 to support the secure 

connection. The Project requires close coordination with other projects that are not in 

the CONTRACTOR’s scope of services, including: terminal apron reconstruction, 

passenger pick-up and drop-off areas, expansion of the Explosives Detection 

Systems (EDS), and modifications to site utilities including the hydrant fueling 

system. 

3.1.3 COUNTY has indicated that a Project goal is to achieve basic certification under the 

U.S. Green Building Council’s (USGB) Leadership in Energy and Environmental 

Design (LEED®) green building-rating system. 

3.1.4 COUNTY understands that construction and renovating buildings in an 

environmentally responsible manner requires a great deal of planning and 

innovation. LEED certification will require input and effort from COUNTY, Consultant, 

CPM, CONTRACTOR, and other parties associated with the Project that are not 

parties to this Agreement. 


Exhibit 2 



3.1.5 COUNTY understands that the Project will be subject to the LEED-certification 

process and procedures as determined by the USGBC. These procedures are 

outside the control of CONTRACTOR, may not be uniformly implemented and may 

be subject to change at any time. 

3.1.6 CONTRACTOR cannot guarantee LEED certification or the actual performance of 

the building based on CONTRACTOR’s efforts nor can it guarantee certain 

performance levels anticipated through the LEED-certification process. 

3.1.7 Notwithstanding the preceding paragraphs, Consultant shall remain responsible for 

submitting complete and thorough documents and materials to the USGBC in a 

timely manner. While the LEED certification of the Project cannot be guaranteed, the 

CONTRACTOR shall carry out all of the responsibilities as the contractor on a LEED 

project for the COUNTY and will continue throughout the LEED certification process 

including commissioning for LEED purposes. Only decisions made by the COUNTY 

that prevent the CONTRACTOR from obtaining LEED certification shall be grounds 

for not obtaining LEED certification of the Project. 

3.2 It is the intent of COUNTY to describe in the Contract Documents a functionally complete 

Project (or part thereof) to be constructed in accordance with the Contract Documents. 

Any Work, materials or equipment that may reasonably be inferred from the Contract 

Documents as being required to produce the intended result shall be supplied by 

CONTRACTOR, whether or not specifically called for by the Contract Documents. When 

words, which have a well-known technical or trade meaning are used to describe Work, 

materials or equipment, such words shall be interpreted in accordance with that meaning. 

Reference to standard specifications, manuals, or codes of any technical society, 

organization or association, or to the laws or regulations of any governmental authority, 

whether such reference be specific or by implication, shall mean the latest standard 

specification, manual, code or laws or regulations in effect at the time of permit issuance. 

COUNTY shall have no duties other than those duties and obligations expressly set forth 

within the Contract Documents. 

3.3 The CONTRACTOR agrees that the Work shall be performed in a good and professional 

manner, free from defects in materials and workmanship, and that all materials shall be new 

and approved by the Consultant and all workmanship shall be acceptable to the CPM, 

except as otherwise expressly provided for in the Contract Documents. The CONTRACTOR 

shall cause all materials and other parts of the Work to be readily available as and when 

required or needed for or in connection with the construction, furnishing and equipping of the 

improvements. 

3.4 The CONTRACTOR shall plan, record, and update, at least monthly through Final 

Completion, the construction Baseline Schedule of the Project compatible or convertible to 

Primavera P6. The progress schedule shall indicate the dates for the commencement and 

completion of the various stages of construction and shall be updated as required by the 

Contract Documents. The Progress Schedule shall encompass all of the work of all trades 

necessary for the construction of the Project and shall be sufficiently complete and 

comprehensive to enable progress to be monitored through the end of the warranty phase of 

the Project. The Progress Schedule shall incorporate sufficient time for important COUNTY 


Exhibit 2 



milestone events and required coordination points as may have been established in the 

Project’s Preconstruction Phase. 

3.5 Superintendence and Supervision: 

3.5.1 All written orders of the CA are to be given to the CONTRACTOR through the CPM 

or PMO, which instructions are to be strictly and promptly followed by the 

Superintendent or Contractor’s Project Manager in every case. CONTRACTOR shall 

keep on the Project site during any progress of the Work, a competent full-time 

English speaking Superintendent and Project Manager and any necessary 

assistants, all satisfactory to the CA and CPM. The CONTRACTOR’s Project 

Manager shall not be changed except with the written consent of CA, unless the 

CONTRACTOR’s Project Manager proves to be unsatisfactory to CONTRACTOR 

and ceases to be in its employ. In which case, CONTRACTOR shall immediately 

notify CA upon the Project Manager’s dismissal in writing with identification of 

CONTRACTOR’s replacement Project Manager. The CONTRACTOR’s Project 

Manager shall represent CONTRACTOR and all direction given to the 

CONTRACTOR’s Project Manager shall be as binding as if given to CONTRACTOR 

and will be confirmed in writing by CPM. 

3.5.2 CONTRACTOR shall record daily, at a minimum, the following information in a 

bound document at a minimum, be responsible for a daily log recording: the day, 

date, weather conditions and how any weather condition affected the progress of the 

Work, time of commencement of work for the day, all work performed, materials, 

labor, personnel, equipment and Subcontractors at the Project site, visitors to the 

Project site including representatives of COUNTY, CPM, Consultant, regulatory 

authorities, any special or unusual conditions or occurrences encountered, delays 

incurred, and the time of termination of work for the day. All information shall be 

recorded in the daily log in ink and certified by the CONTRACTOR'S Project 

Manager daily. The daily log shall be kept on the Project site and shall be available 

at all times for inspection and copying by CA, CPM or Consultant. Copies of daily 

logs must be maintained electronically unless otherwise required by the CPM. 

Printed copies of such electronic logs shall be prepared and printed daily, kept on 

file, and shall be available to CA, CPM or Consultant at the Project site for 

inspection, printing and copying. 

3.5.3 The CONTRACTOR, PMO, CPM, Consultant and CA shall meet at least weekly or 

as determined by the CPM or CA during the course of the Work to review and agree 

upon the work performed to date and to review the Controlling Items of Work for the 

next two weeks. The CPM shall take, distribute and retain record copies of minutes 

and any comments thereto of each such meeting. 

3.5.4 CONTRACTOR shall supervise and direct the Work competently and efficiently, 

devoting such attention thereto and applying such skills and expertise as may be 

necessary to perform the Work in accordance with the Contract Documents. 

CONTRACTOR shall be solely responsible for the means, methods, techniques, 

sequences, procedures, safety of construction, and BCAD security compliance. 


Exhibit 2 



3.6 CONTRACTOR to Check Drawings, Specifications and Data: CONTRACTOR shall use due 

diligence to verify all dimensions, quantities and details shown on the drawings, 

specifications or other data received from PMO, CPM, CA and Consultant, and shall notify 

CPM and CA of all errors, omissions and discrepancies found therein within three (3) 

calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any 

error, omission or discrepancy, as full instructions will be furnished by CPM. 

CONTRACTOR shall not be liable for damages resulting from errors, omissions or 

discrepancies in the Contract Documents unless CONTRACTOR recognized such error, 

omission or discrepancy and failed to report it to CPM and CA. 

3.7 Differing Site Conditions: In the event that during the course of the Work CONTRACTOR 

encounters an underground utility that was not shown on the Contract Documents, or 

subsurface or concealed conditions at the Project site which differ materially from those 

shown on the Contract Documents and from those ordinarily encountered and generally 

recognized as inherent in work of the character called for in the Contract Documents; or 

unknown physical conditions of the Project site, of an unusual nature, which differ materially 

from that ordinarily encountered and generally recognized as inherent in work of the 

character called for in the Contract Documents, CONTRACTOR, without further disturbing 

the conditions and before performing any work affected by such conditions, shall, no later 

than 9:00 AM the next business day after their discovery, notify the CPM in writing of the 

existence of the aforesaid conditions. PMO, CPM and CA shall, within two (2) calendar 

days after receipt of CONTRACTOR’s written notice, investigate the site conditions identified 

by CONTRACTOR. If, in the sole opinion of CA, the conditions do materially so differ and 

cause an increase in the time required for, the performance of any part of the Work, PMO 

and CPM shall recommend an equitable adjustment to the Contract Time, Contract Price or 

its component Contract Price Elements, which is subject to approval by the CA or the Board 

pursuant to Article 7, herein. If CPM and CONTRACTOR cannot agree on an adjustment in 

the Contract Time, Contract Price or its component Contract Price Elements, the adjustment 

shall be determined in accordance with Article 30. 

No request by CONTRACTOR for an equitable adjustment or change to the Contract Time, 

Contract Price, or its component Contract Price Elements under this provision shall be 

allowed unless CONTRACTOR has given written notice in strict accordance with the 

provisions of this Article. 

No request for an equitable adjustment or change to the Contract Time for differing site 

conditions shall be allowed if made after the date certified by CPM as the date of Substantial 

Completion. 

3.8 Submittals: 

3.8.1 CONTRACTOR shall submit Submittals (including but not limited to shop drawings, 

product samples, product data, warranties, closeout submittals, reports and 

photographs) as required by the Contract Documents. The Submittals serve as the 

CONTRACTOR’s coordination documents and demonstrate the suitability, efficiency, 

technique of manufacture, installation requirements, detailing and coordination of 

specified products, components, assemblies and systems, and evidence compliance 

or noncompliance with the Contract Documents. The CONTRACTOR’s Submittals 

are not part of the Contract Documents but are documents prepared and utilized by 


Exhibit 2 



the CONTRACTOR to coordinate the Work. Submittals shall not modify the scope, 

character or responsibility for the Work to be completed by CONTRACTOR and are 

documents utilized for coordinating, clarifying or refining the CONTRACTOR’s 

intended methods for achieving the Work. 

3.8.2 Within seven (7) calendar days of the date of the NTP that authorizes the 

commencement of early work, CONTRACTOR shall submit to CPM or PMO (with a 

copy to the CA) the first Submittal Schedule electronically using software that is 

convertible or compatible with Primavera P6, for Early Construction Work. The 

Submittal Schedule shall be a comprehensive list of items for which Submittals are to 

be submitted with identification of the critical items (either long lead or submittals for 

which immediate approval is necessary) and the sequence and timing of each 

required submittal. The CPM or the PMO shall review the first Submittal Schedule 

within seven (7) calendar days of submittal by CONTRACTOR. Approval of the first 

Submittal Schedule by CA shall in no way relieve CONTRACTOR from submitting 

complete Submittals as required by the Contract Documents and providing services, 

products, materials, equipment, systems and assemblies, fully in accordance with 

the Contract Documents. 

3.8.3 Within fourteen (14) calendar days of the date of the NTP that authorized work after 

the approval of the GMP, CONTRACTOR shall submit to CPM or PMO (with a copy 

to the CA) the Submittal Schedule electronically using software that is compatible or 

convertible with Primavera P6, for all remaining Construction Work. The second 

Submittal Schedule shall be a comprehensive list of items for which Submittals are to 

be submitted with identification of the critical items (either long lead or submittals for 

which immediate approval is necessary) and the sequence and timing of each 

required submittal. The CPM or PMO shall review the Submittal Schedule within 

seven (7) calendar days of submittal by CONTRACTOR. Approval of the Submittal 

Schedule by the CA shall in no way relieve the CONTRACTOR from submitting 

complete Submittals as required by the Contract Documents and providing services, 

products, materials, equipment, systems and assemblies, fully in accordance with 


3.8.4 After the approval of each Submittal Schedule, CONTRACTOR shall promptly 

request Submittals from the various manufacturers, fabricators, and suppliers as 

required. 

3.8.5 CONTRACTOR shall thoroughly review and check the Submittals and submit them 

to the CPM and Consultant in accordance with the requirements for such Submittals 

specified in Division 1 Specifications. Each Submittal and required copy thereof shall 

indicate the CONTRACTOR’s review and approval of that submittal in the form 

required by Division 1 Specifications. 

3.8.6 The CPM shall maintain the Submittal Log, which shall include, at a minimum, the 

date of each Submittal, the date of any re-submittal, the date of any approval or 

rejection, and the reason for any approval or rejection. 

3.8.7 If the Submittals indicate deviations or departures from the requirements of the 

Contract Documents, CONTRACTOR shall make specific mention thereof in its letter 


Exhibit 2 



of transmittal. Failure to point out such deviations or departures shall not relieve 

CONTRACTOR from its responsibility to comply with the Contract Documents. 

3.8.8 The Consultant shall have no duty to review partial or incomplete Submittals or 

Submittals that have not been approved by the CONTRACTOR. 

3.8.9 Provided such Submittals conform to the approved Submittal Schedule, Consultant 

shall process Submittals within fourteen (14) calendar days from the date received, 

unless said Submittals are rejected by Consultant for material reasons or the 

Submittals are of substantial building systems which require more time for thorough 

review. Submittals which require a longer review period shall be identified and a 

review period established for such Submittals by Consultant during the review and 

approval of the Submittals Schedule. Consultant’s approval of Submittals will be 

general and shall not relieve CONTRACTOR of responsibility for the accuracy of 

such drawings, nor for the proper fitting and construction of the work, nor for the 

furnishing of materials or work required by the Contract Documents. No work for 

which Submittals are required shall be performed until said Submittals have been 

approved by Consultant. CONTRACTOR will be working at risk and at its sole liability 

if no prior approval of the Consultant has been obtained. No money from the 

CONTRACTOR’s Contingency shall be used to pay for Submittal deviations. 

Approval shall not relieve CONTRACTOR from responsibility for errors or omissions 

on the Submittals or for compliance with the requirements of the Contract 

Documents. 

3.8.10 No review or approval will be given to partial Submittals for items which interconnect, 

are interdependent, or both where necessary to properly evaluate the Submittal. It is 

CONTRACTOR’s responsibility to assemble the Submittals for all such 

interconnecting or interdependent items, check them and then make one submittal to 

Consultant along with its comments as to compliance, noncompliance, or features 

requiring special attention. 

3.8.11 Additional information provided by the CONTRACTOR on any Submittal shall be 

typewritten or lettered in ink. 

3.8.12 CONTRACTOR shall submit the number of copies required by the Contract 

Documents plus the number required by jurisdictional authorities (when Submittals 

are to be made to such authorities). Resubmissions of Submittals due to 

errors/omissions of CONTRACTOR shall be made in the same quantity until final 

approval is obtained from Consultant at the CONTRACTOR’s expense, including 

BCAD costs. 

3.8.13 CONTRACTOR shall keep one set of Consultant’s approved Submittals at the 

Project site at all times. 

3.9 Field Layout of the Work and Project Record Documents: 

3.9.1 The entire responsibility for establishing and maintaining line and grade in the field 

lies with CONTRACTOR which shall be based upon site boundary limits, horizontal 

and vertical control supplied by CA. CONTRACTOR shall maintain an accurate and 


Exhibit 2 



precise record of the location and elevation of all pipe lines, conduits, structures, 

manholes, handholes, fittings and other accessories/features and shall prepare a 

complete site survey sealed by a Florida registered Professional Surveyor which 

shall be submitted as a project record document prior to the time of requesting Final 

Payment. Final surveys shall be submitted in hardcopy and as an electronic media 

submittal prepared in accordance with requirements for electronic media submittals 

as specified elsewhere in the Contract Documents. The cost of all such field layout 

and recording work is included in the prices bid for the appropriate items. 

3.9.2 CONTRACTOR shall maintain in a safe place at the Project site one record copy of 

all drawings, plans, specifications, addenda, written amendments, Change Orders, 

Field Orders, Supplemental Instructions, Contract Price Element Adjustment 

Memoranda (CPEAM), Submittals and written interpretations and clarifications in 

good order and annotated to show all changes made during construction. Each of 

these documents shall be clearly marked by CONTRACTOR as “Project Record 

Documents”. These Project Record Documents together with all approved samples 

and a counterpart of all approved Submittals shall be available at all times to 

COUNTY, PMO, CPM and Consultant for reference. Contractor must maintain a 

backup for each Project Record Document using electronic means such as external 

disks, flash drives, or other forms of electronic media. Upon Final Completion of the 

Project and prior to Final Payment, these Project Record Documents, including 

Submittals and other Project Record Documents required elsewhere in the Contract 

Documents and specifications shall be delivered to the CPM for delivery to the CA. 

3.9.3 Prior to Substantial Completion, the CONTRACTOR shall deliver to CPM for delivery 

to the PMO and CA all equipment data, along with its recommended spare parts list, 

spare parts, maintenance manuals, manufacturer’s warranties and operations 

manuals as may be required within the Contract Documents for the COUNTY’s 

employees and agents to maintain and operate any equipment provided as part of 

the Work. Also prior to Substantial Completion, CONTRACTOR shall provide all 

necessary training to BCAD staff regarding the maintenance and operation of any 

equipment provided as part of the work. Refer to applicable Division 1 Specifications 

for more information. 

3.9.4 Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit 

to CPM for delivery to CA, CONTRACTOR's as-built drawings in a form acceptable 

to the CA, updated BIM 3D model, software and hardware, and other project record 

documents acceptable to CA, and requested by CA. 

3.10 Inspection and Testing: 

3.10.1 PMO, CPM, Consultant and CA shall at all times have access to the Work, and 

CONTRACTOR shall provide for use by the PMO, CPM, Consultant and CA the 

facilities described in the Division 1 Specifications for such access and for inspecting, 

measuring and testing. 

3.10.1.1 Should the Contract Documents, CPM’s or Consultant’s instructions, any 

laws, ordinances, or any public authority require any of the Work to be 

specially tested or approved, CONTRACTOR, shall provide and update 


Exhibit 2 



weekly for the PMO, CPM, Consultant and CA a two (2) week look-ahead 

schedule denoting all activity to be performed and highlighting those that 

need testing and approval. If the testing or approval is to be made by an 

authority other than COUNTY, CONTRACTOR shall provide notice no later 

than seven (7) calendar days prior to the date for such testing. Testing shall 

be made promptly, and where practicable, at the source of supply. If any of 

the Work which requires approval is covered up without approval or consent 

of CPM or Consultant, it must, if required by CPM or Consultant, be 

uncovered for examination and properly restored to the satisfaction of the 

CPM or Consultant at no additional cost to COUNTY. 

3.10.1.2 Reexamination of any of the Work may be ordered by PMO, CPM or 

Consultant with prior written approval by the CA, and if so ordered, the 

Work must be uncovered by CONTRACTOR. If such Work is found to be in 

accordance with the Contract Documents, COUNTY shall pay the cost of 

re-examination and replacement by means of an appropriate CPEAM or 

Change Order. If such Work is not in accordance with the Contract 

Documents, CONTRACTOR shall correct the nonconforming work at no 

additional cost to COUNTY. 

3.10.2 The payment of any compensation, whatever may be its character or form, or the 

giving of any gratuity or the granting of any favor by CONTRACTOR to any COUNTY 

employee, PMO, CPM, Consultant, employees of municipal or other jurisdictional 

authorities, or their agents directly or indirectly, is strictly prohibited, and any such act 

on the part of the CONTRACTOR will constitute a breach of this Agreement. 

3.10.3 Payment by COUNTY for Tests: 

3.11 Taxes: 

3.10.3.1 Except when otherwise specified in the Contract Documents, the expense of 

all tests requested by CPM or required by the Contract Documents, except 

CONTRACTOR'S quality assurance/quality control tests, shall be borne by 

COUNTY and performed by a testing firm chosen by CA. The cost of any 

subsequent retesting, due to failure of the first test, and if the failure is at 

least partially the responsibility of the CONTRACTOR, shall be paid for by 

CONTRACTOR. 

3.10.3.2 Retesting required because of non-conformance to the requirements of the 

Contract Documents shall be performed by the same or an alternate testing 

firm on instructions and as selected by the CA. Payment for retesting will be 

charged to the CONTRACTOR by deducting inspection or testing charges 

from the GMP. 

3.11.1 CONTRACTOR shall pay all applicable sales, consumer, use and other taxes 

required by law. CONTRACTOR is responsible for reviewing the pertinent state 

statutes involving state taxes and complying with all requirements. 


Exhibit 2 



3.11.2 Taxes shall be a cost under Section 8.4.4.6. All such taxes that are required as 

of the time of Agreement execution shall be included in the GMP. Taxes for all 

work performed by Subcontractors shall be considered as Cost of Work and 

included in the Lump Sum bid of each Subcontractor. 

3.12 Construction Manager at Risk Services: 

3.12.1 The services of the CONTRACTOR shall include those described or specified 

herein. The services described herein shall not be deemed to constitute a 

comprehensive specification having the effect of excluding services not 

specifically mentioned. 

3.12.2 Preconstruction Services: The CONTRACTOR shall perform, or review and 

make recommendations to the Consultant, on the following as requested by the 

CA: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

project requirements 

existing on-site and off-site development surveys 

perform cost estimates 

produce schedules 

provide gap analysis 

value engineering 

develop budgets 

constructability 

staging 

phasing 

developing a list of required permits for Early Construction Work as well as 

all subsequent Construction Work 

maintenance of airport operations 

maintenance of airport utilities 

maintenance of traffic 

and other preconstruction services as may be requested by the CA 

3.12.3 Early Investigative Work: The CONTRACTOR shall perform, or 

review and make recommendations to the Consultant, on the 

following as requested by the CA: 

 

 

 

 

Utility (Public and County owned) and existing building systems 

investigations 

Structural Investigations 

Identify existing site conditions 

and other investigative services as may be requested by the CA 

The CONTRACTOR shall prepare a schedule for each Phase of the Project 

as required to supplement a Baseline Schedule when requested by the 


Exhibit 2 



BCAD PM, CPM, or Consultant. As part of Preconstruction Services, 

CONTRACTOR shall issue bid documents to cover the scope of work of the 

Project in accordance with the Contract Documents, including, but not 

limited to Article 11. In conjunction with submission of any proposed GMP 

addendum and the final GMP to the COUNTY, CONTRACTOR shall, 

without assuming the duties of the Consultant, CPM or the PMO, warrant 

to the COUNTY that the Plans, Specifications and other Contract 

Documents are consistent, practical, feasible and constructible, and that the 

Project is constructible within the Contract Time as negotiated. In the event 

that comments from Broward County Code Services or Fire Marshal are not 

addressed after the second review, Contractor shall pay for any additional 

plan review fees when CONTRACTOR had at least partial responsibility for 

the plan review comments not being addressed or corrected. 

3.12.4 Construction Phase Services - CONTRACTOR shall fully comply with the 

requirements of this Agreement and all Contract Documents and ensure equal 

compliance by all subcontractors. As set forth in this Agreement, 

CONTRACTOR shall provide the staffing positions necessary to carry out the 

work and the commissioning of all specified project equipment, controls, and 

systems in accordance with Division 1 Specifications and the Contract 

Documents. CONTRACTOR shall be responsible for all matters of the jobsite, 

worker safety, and BCAD security compliance. CONTRACTOR shall review all 

warranties, operation manuals and maintenance manuals for completeness, 

have them corrected if necessary, and transmit them to CPM. 

3.12.5 Post-Construction Phase Services - CONTRACTOR shall coordinate project 

close-out, including as-built drawings, commencement of operations and 

transition to occupancy by the COUNTY and its tenants. CONTRACTOR shall 

cooperate fully with preparation of the Certificates of Substantial and Final 

Completion, complete remaining commissioning activities, if any, complete all 

punch-list items including submittal of as-built drawings, and report status of 

same to the PMO and CPM. 

3.12.6 Warranty Phase Services - In addition to CONTRACTOR’s duties under Articles 

22, CONTRACTOR’S WARRANTIES and 23, DEFECTIVE WORK, 

CONTRACTOR shall participate with COUNTY representatives in warranty 

inspections in the sixth (6th) and eleventh (11th) months after Substantial 

Completion, and shall be responsible for coordinating and scheduling all warranty 

and service work. Warranty Inspection reports will be prepared by the CPM and 

distributed to all parties participating in the Warranty Phase inspections. 

ARTICLE 4 - PRIORITY OF PROVISIONS 

4.1 In case of conflicts between the provisions of this Agreement, any ancillary documents 

executed contemporaneously herewith or prior hereto, or any other of the Contract 

Documents, the provisions of this Agreement (including all Exhibits) shall prevail. 


Exhibit 2 



4.2 Anything shown on the drawings and not mentioned in the specifications or mentioned in the 

specifications and not shown on the drawings shall have the same effect as if shown or 

mentioned respectively in both. In the event of a conflict among the Contract Documents, the 

most stringent requirement, including but not limited to issues of quantities or cost of the Work, 

to the CONTRACTOR shall control. 

4.3 The organization of the Specifications into divisions and sections and the arrangement of 

drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or in 

establishing the extent of the Work to be performed by any trade. The organization of the 

Specifications and the arrangement of the drawings are for the convenience of the 

CONTRACTOR and is not intended to relieve the CONTRACTOR from its obligation to 

conduct a complete study of the Contract Documents for the purpose of directing and 

coordinating the various Subcontractors and suppliers as to their respective responsibilities. 

4.4 The Contract Documents shall be interpreted so as to eliminate inconsistencies or conflicts, 

but in the event of any conflict, requirements for greater quantity or more expensive work 

shall govern. 

4.5 The CA must approve all deviations from the Contract Documents whether they are sought 

by the PMO, CPM, Consultant or the CONTRACTOR. The PMO, CPM or Consultant shall 

have no authority to order or approve any deviation from the Contract Documents, whether 

or not such deviation affects the Cost of the Work, or the date of Substantial Completion 

without written directive from CA. 

ARTICLE 5 – CPM’S AUTHORITY 

5.1 The CPM shall be the COUNTY’s representative on the Project; unless and until the CA 

notifies the CONTRACTOR in writing that some other person or entity shall be the 

COUNTY’s representative. The CPM shall recommend approvals of changes to the CA. 

5.2 The CPM will provide, under the direction of the PMO, overall technical and management 

services to assist the COUNTY in maintaining schedules, establishing budgets, controlling 

costs, and achieving quality for the Project. 

5.3 If at any time the CPM observes or becomes aware of any fault or defect in the Work or of 

any nonconformance with the Contract Documents, the CPM will promptly notify the PMO 

and CONTRACTOR in writing and will direct that all reasonable steps be taken to correct 

such fault, defect or nonconformance. The PMO and CPM shall have the authority to reject 

Work that does not in its opinion, or in the opinion of the CA, conform to the Contract 

Documents. 

5.4 The CPM shall monitor and ensure that overall quality, progress schedule, Cost of the Work, 

and GMP are adhered to. 

5.5 The PMO and the CPM do not have control over construction means, methods, techniques, 

sequences and procedures employed by CONTRACTOR in the performance of the Work, 

but shall be responsible for using its best efforts to review and, if unacceptable, notify the 


Exhibit 2 



CA when the requirements of the Contract Documents or Baseline Schedule are not being 

met by CONTRACTOR. 

5.6 The COUNTY will be assisted by PMO and CPM in the areas of on-site review of work in 

progress, review of pay requests submitted by the CONTRACTOR, assisting in the 

interpretation of the intent of the Contract Documents for the proper execution of the Work, 

and such other assistance as the COUNTY may request. 

ARTICLE 6 - TERM OF AGREEMENT/TIME FOR PERFORMANCE/LIQUIDATED DAMAGES 

6.1 Contract Time: 

6.1.1 CONTRACTOR shall be instructed to commence the Work by written instruction in 

the form of a Purchase Order issued by COUNTY’s Director of Purchasing and a 

NTP issued by the CA. Multiple NTP's will be issued during the project and 

CONTRACTOR shall only proceed with work that has been authorized by issuance 

of a NTP by the CA. The first Notice to Proceed and Purchase Order will not be 

issued until CONTRACTOR’s submission to COUNTY of all required documents (i.e. 

bonds for early construction work and pre-construction, if applicable and insurance, 

both OCIP and non-OCIP) and after execution of the Agreement by both parties. No 

monetary compensation shall be awarded for delay(s) of any kind except as provided 

for herein. No time extensions for permitting process delays shall be granted for 

delays caused by actions, inactions or negligence of the CONTRACTOR. 

6.1.2 The receipt of all necessary permits by CONTRACTOR, is a condition precedent to 

the issuance of the NTP for the GMP work to mobilize on the Project site and 

commence physical construction work. The Work to be performed pursuant to the 

NTP for the GMP work shall commence as of the Project Initiation Date specified in 

said NTP. 

6.1.3 CONTRACTOR shall provide CPM with a construction schedule, developed in accordance 

with Division 1 Specifications, indicating specific dates by which completed drawings and 

permits must be received by CONTRACTOR to ensure the uninterrupted progress of the 

Work in order to complete the Project as scheduled. The CONTRACTOR shall revise the 

draft schedule as necessary, based on the CPM’s comments, so as to obtain acceptance 

by the CA. 

6.1.3.1 All schedules shall contain a list of subcontractors known at the time the 

schedule is submitted. Review and acceptance of the schedules does not 

constitute an approval of the schedule task relationships or task durations, 

or otherwise affect the CONTRACTOR’s sole responsibility for the schedule 

and means and methods of construction. 

6.1.3.2 All schedules must be accompanied by a detailed narrative which shall 

include but shall not limited to, explanations of phasing, access to the site, 

maintenance of security, temporary construction, protection during 

construction, commissioning of equipment and maintenance of traffic. The 


Exhibit 2 



narrative must also include production rates, discussion on the use of 

weekends and evenings to perform work and shift work, if proposed, 

required to install the Work. Review and acceptance of the narrative does 

not constitute an approval of the means and methods or otherwise affect 

the CONTRACTOR’s sole responsibility for the means and methods of 

construction. 

6.1.3.3 Once accepted by the CA, all schedules shall be updated monthly and be 

provided with the monthly report. All schedules shall be discussed at the 

weekly progress meetings to satisfy a two-week look-ahead schedule. The 

updated schedule shall be known as the progress schedule and shall show 

the status of all activities or show the content as otherwise required by CA. 

6.1.3.4 The CONTRACTOR is responsible for monitoring and maintaining schedule 

compliance, and as such, shall be responsible for reviewing and assessing 

the performance and progress of each SUBCONTRACTOR, at least 

monthly; establish a systemic procedure for gathering and analyzing 

construction data from SUBCONTRACTORs; incorporate the data into the 

monthly report in order to provide a summary of the Work to the CPM, PMO 

and CA. The monthly report must include the current Progress Schedule. 

6.1.3.5 Float in the schedule is for the benefit of both parties to the Contract. 

Suppression or consumption of float by extended activity duration, dummy 

activities, preferential sequencing or other techniques is not permitted. 

6.1.3.6 The CONTRACTOR shall provide rates of progress consistent with all 

accepted schedules. Whenever Critical Path Activities fall behind the 

planned schedule of construction, CONTRACTOR must notify the CPM and 

CA and advise both of the recovery actions being taken by the 

CONTRACTOR to return the Work to the Baseline Schedule or to revise 

the sequence of activities to maintain the Substantial Completion date. 

6.1.4 Time is of the essence between the Notice to Proceed pertaining to the GMP work 

and the Substantial Completion date. The CONTRACTOR shall achieve Substantial 

Completion within «TBD » («TBD») calendar days from the Project Initiation Date 

specified in the Notice to Proceed authorizing the GMP work. The CONTRACTOR 

shall achieve Final Completion, and submit the final payment application in 

accordance with Article 8 within «TBD» («TBD») calendar days from the date 

certified by the CPM and the Consultant as the date of Substantial Completion. 

6.1.5 Upon failure of CONTRACTOR to achieve Substantial Completion of the Project 

within the specified period of time, plus approved time extensions, CONTRACTOR 

shall pay to COUNTY the sum of Ten Thousand Dollars ($10,000.00) for each 

calendar day after the time specified in Section 6.1.4 above. After Substantial 

Completion should CONTRACTOR fail to achieve Final Completion within the time 

specified in Section 6.1.4 above, plus approved time extensions, CONTRACTOR 

shall pay to COUNTY the sum of Five Thousand Dollars ($5,000.00) for each 

calendar day after the time specified in Section 6.1.4 above. After Substantial 

Completion, should the CONTRACTOR fail to submit “As-Built” drawings within 30 


Exhibit 2 



calendar days of the Substantial Completion date, CONTRACTOR shall pay the 

COUNTY the sum of five hundred dollars ($500.00) for each calendar day. These 

amounts are not penalties but are liquidated damages paid to COUNTY for its 

inability to obtain full beneficial occupancy of the Project. Liquidated damages are 

hereby fixed and agreed upon between the parties, recognizing the impossibility of 

precisely ascertaining the amount of damages that will be sustained by COUNTY as 

a consequence of such delay, and both parties desiring to obviate any questions of 

dispute concerning the amount of said damages and the cost and effect of the failure 

of CONTRACTOR to complete the Agreement on time. 

6.1.6 The CA is authorized to deduct liquidated damages from monies due to 

CONTRACTOR for the work under this Agreement or as much thereof as the CA 

may, at its sole option, deem just and reasonable. 

6.1.7 Extensions to the Contract Time for delays caused by the effects of extraordinary 

adverse weather shall be submitted as a request for change in Contract Time 

pursuant to Section 6.5. These time extensions are justified only when extraordinary 

adverse weather conditions or related adverse soil conditions prevent 

CONTRACTOR from productively performing critical path activities, identified on the 

accepted Baseline Schedule or updates, resulting in the CONTRACTOR being 

unable to work at least fifty (50%) of the normal workday on Critical Path activities for 

three or more consecutive days. 

6.2 The CA through the PMO and CPM may direct the CONTRACTOR to expedite the Work by 

whatever means the CONTRACTOR may use, including, without limitation, increasing 

staffing or working overtime to bring the Work back within the Baseline Schedule. If 

expediting the Work is required due to reasons within the control or responsibility of the 

CONTRACTOR, then the additional costs incurred shall be absorbed by the CONTRACTOR 

without issuing a CPEAM from the CONTRACTOR’s Contingency account. If the expediting 

of Work is required due to reasons outside the control or responsibility of the 

CONTRACTOR, then the additional costs incurred shall be the subject of an appropriate 

adjustment issued pursuant to Section 7.3 or Section 7.4, herein as applicable. 

6.3 Substantial Completion Date: When CONTRACTOR considers that the Work, or portion 

thereof designated by the CA pursuant to Section 6.4 herein, has reached Substantial 

Completion, CONTRACTOR shall so notify CA, PMO, CPM and Consultant in writing with a 

comprehensive list of items to be completed or corrected by CONTRACTOR. CPM and 

Consultant shall then promptly in accordance with Division 1 Specifications make a 

preliminary inspection of the Work. When CPM, on the basis of the preliminary inspection, 

determines that the Work or designated portion thereof is substantially complete, PMO will 

notify the CA. CA shall then, with the PMO, CPM, Consultant and CONTRACTOR, perform 

the CA’s Substantial Completion Inspection. At the completion of the CA’s Substantial 

Completion Inspection, the CPM shall issue a Substantial Completion Inspection Report 

determining whether Substantial Completion has been achieved; such report shall include a 

Substantial Completion Punch List. 

6.3.1 When the CA’s Substantial Completion Inspection has determined that Substantial 

Completion of the Work, or a portion thereof, has been achieved, the CPM shall 

prepare a Certificate of Substantial Completion in the form attached hereto in the 


Exhibit 2 



Division 1 Specifications for execution by the Parties. The Certificate of Substantial 

Completion shall state: 1) the Date of Substantial Completion; 2) the responsibilities 

of COUNTY and CONTRACTOR for security, maintenance, utilities, damage to the 

Work; 3) indicate that Form 5 Notice of Work Completion (form located in the OCIP 

Insurance Manual attached hereto as Exhibit 6) has been sent to the Owner 

Controlled Insurance Program (OCIP) Administrator; and 4) list all work yet to be 

completed (Substantial Completion Punch List) to satisfy the requirements of the 

Contract Documents for Final Completion. CPM shall prepare and be responsible for 

obtaining signature of CONTRACTOR on the Certificate of Substantial Completion. 

PMO shall deliver the executed Certificate of Substantial Completion to the CA for 

CA's approval or rejection. 

6.3.2 The failure to include any items of corrective work on the Substantial Completion 

Punch List does not alter the responsibility of CONTRACTOR to complete all of the 

Work in accordance with the Contract Documents. 

6.3.3 Warranties required by the Contract Documents shall commence on the date of 

Substantial Completion of the Work or designated portion thereof unless otherwise 

provided in the Certificate of Substantial Completion. 

6.3.4 As-built drawings shall be submitted by CONTRACTOR to CPM within 30 calendar 

days of Substantial Completion or the CA may withhold payment of all pending and 

future invoices until the as-built drawings are provided. 

6.4 Use of Completed Portions: 

6.4.1 COUNTY shall have the right at its sole option to take possession of and use any 

completed or partially completed portions of the Project. Such possession and 

use shall not be deemed an acceptance of any of the Work not completed in 

accordance with the Contract Documents. 

6.4.2 In the event COUNTY takes possession of any completed or partially completed 

portions of the Project, the following shall occur: 

6.4.2.1 COUNTY shall give notice to CONTRACTOR in writing at least thirty (30) 

calendar days prior to COUNTY’s intended occupancy of a designated 

area; 

6.4.2.2 CONTRACTOR shall complete to the point of Substantial Completion the 

designated area and request inspection and issuance of a Certificate of 

Substantial Completion; 

6.4.2.3 Upon issuance of a Certificate of Substantial Completion, COUNTY will 

assume full responsibility for maintenance, utilities, subsequent damages 

of or by COUNTY and the public, and start of the warranty for the 

occupied area unless otherwise agreed in writing by the Parties hereto; 

6.4.2.4 Upon issuance of a Certificate of Substantial Completion, 

CONTRACTOR will assume full responsibility for maintaining utility 


Exhibit 2 



services for the area(s) occupied by COUNTY until all areas of the Work 

are accepted by COUNTY as substantially complete; 

6.4.2.5 CONTRACTOR shall complete all items noted on the Certificate of 

Substantial Completion Punchlist within the time specified in Section 6.1 

and request final inspection and Final Completion of the portion of the 

Project occupied. Payment for accepted portions of the Work shall be 

made in accordance with the procedure specified in Article 8; and 

6.4.2.6 If COUNTY finds it necessary to occupy or use a portion or portions of 

the Work prior to Substantial Completion thereof, such occupancy or use 

shall not commence prior to a time mutually agreed upon by COUNTY 

and CONTRACTOR. Insurance secured by CONTRACTOR on the 

unoccupied or unused portion or portions shall not be canceled or lapsed 

on account of such partial occupancy or use. CONTRACTOR shall advise 

the OCIP Administrator should this occur. Consent of CONTRACTOR to 

such occupancy or use shall not be unreasonably withheld. 

6.5 Notification of Change of Contract Time or Contract Price: 

6.5.1 Any claim for a change in the Contract Time or Contract Price shall be made by 

written notice delivered by CONTRACTOR to CPM with a copy to the PMO and the 

CA within five (5) calendar days of the commencement of the event giving rise to the 

claim and stating the general nature of the claim. Notice of the detailed nature and 

specific elements of the claim shall be delivered within ten (10) calendar days after 

the date of the first written notice. Thereafter, within ten (10) calendar days of the 

termination of the event giving rise to the claim, notice of the extent of the claim with 

supporting data shall be delivered unless CPM allows an additional period of time to 

ascertain more accurate data in support of the claim. This information supporting the 

claim shall be accompanied by CONTRACTOR’s written notarized certification that 

the adjustment claimed is the entire adjustment to which the CONTRACTOR has 

reason to believe it is entitled as a result of the occurrence of said event. All claims 

for adjustment in the Contract Time or Contract Price shall be determined by PMO 

and CPM in accordance with Article 30, Resolution of Disputes, herein, if PMO, CPM 

and CONTRACTOR cannot otherwise agree. NO CLAIM FOR AN ADJUSTMENT 

IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID IF NOT 

SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 

6.5.2 The Contract Time will be extended in an amount equal to time lost due to delays 

beyond the control of and through no fault or negligence of CONTRACTOR if a claim 

is made therefore as provided in Sections 6.5.1 and 7.6.1. Such delays shall include, 

but not be limited to, acts or neglect by any separate contractor employed by 

COUNTY, fires (not caused by CONTRACTOR), floods, labor disputes, epidemics, 

extraordinary adverse weather conditions or acts of God as authorized by CA. 


Exhibit 2 



ARTICLE 7 - CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS 

7.1 Without invalidating the Agreement, COUNTY shall have the right and authority, to make 

such increases, decreases or other changes in the Work including, but not limited to, the 

character and quantity of the Work as may be considered necessary or desirable to 

complete fully and acceptably the proposed construction in a satisfactory manner. Any 

changes to the Work must be accomplished by means of appropriate 1) CPEAM’s or 2) 

Change Orders. Any sums moved between contract price elements included within the 

Contract Price must be accomplished by an appropriate CPEAM. In no event shall the 

Contract Price or Contract Time be modified except by appropriate Change Order or 

Amendment signed by the CA. Contract Documents and changes shall be binding on 

COUNTY only if signed by the appropriate COUNTY authority in accordance with COUNTY 

regulations and policies. 

7.2 Field Orders and Supplemental Instructions: 

7.2.1 The CPM, in consultation with the BCAD PM, Consultant and PMO, shall have the 

right to issue Field Orders setting forth written interpretations of the intent of the 

Contract Documents and Work, provided that the Field Order involved results in no 

change in the Contract Price or Contract Time. 

7.2.2 The Consultant, in consultation with the BCAD PM, PMO and CPM, shall have the 

right to issue Supplemental Instructions setting forth written orders, instructions, or 

interpretations concerning the Contract Documents, provided such Supplemental 

Instructions involve no change in the Direct Construction Cost or Contract Time. 

7.3 Contract Price Element Adjustment Memoranda (CPEAM): The CA shall be authorized to 

issue a CPEAM which is agreed to by the CONTRACTOR and the CA to memorialize the 

reallocation of sums among the Contract Price elements within the Contract Price. In no 

event shall the Contract Price be modified except by appropriate Change Order. Agreement 

on any CPEAM shall constitute a final settlement on all items affected therein, including 

without limitation any adjustment in the Contract Price elements, subject to performance 

thereof and payment therefore pursuant to the terms of this Agreement and CPEAM. The 

cost of any work authorized by a CPEAM shall be determined in accordance with this 

Agreement, except that CONTRACTOR shall not be entitled to additional General 

Conditions unless contract time is extended by the CA or as approved by the CA. 

CONTRACTOR shall advise CPM in writing within seven (7) calendar days of receipt of a 

CPEAM of any and all objections or claims arising from the CPEAM or same shall be 

deemed waived. The following specific CPEAM’s are contemplated, but additional or 

different CPEAM’s may be issued, provided they do not result in a change to the Contract 

Price: 

7.3.1 When 85% of the CONTRACTOR’s Direct Construction Costs of the Project have 

been awarded, and if the sum of the subcontracts executed is less than the 

CONTRACTOR’s Direct Construction Cost for such work, then a CPEAM shall be 

issued transferring 50% of such surplus from the CONTRACTOR’s Contingency 

Account to COUNTY’s Contingency Account. If the sum of the subcontracts awarded 


Exhibit 2 



exceeds the CONTRACTOR’s Direct Construction Cost for such work, then the 

deficiency will be taken by CPEAM from the CONTRACTOR’s Contingency Account. 

7.3.2 During the progress of construction, the CONTRACTOR’s Contingency Account 

within the GMP may be decreased and the surplus transferred to the COUNTY’s 

Contingency Account by issuance of a CPEAM detailing the terms of the transfer and 

documenting the mutual written consent of the CONTRACTOR and the CA, which 

consent shall not be unreasonably withheld. 

7.3.3 An adjustment of Contract Time may be issued by the CA consistent with Section 7.6 

and the CA’s authority with a Change Order for Excusable Delays and for issues 

involving the COUNTY's Contingency Account as described below. 

7.4 Change Orders: If changes to subcontracted work affect the GMP, such changes shall be 

accomplished in accordance with this Section 7.4, Change Orders. 

7.4.1 Changes in the quantity or character of the Work within the scope of the Project 

which are not properly the subject of Field Orders or Supplemental Instructions, 

including changes resulting in changes in the Contract Price or the Contract Time, 

shall be authorized only by written Change Orders approved and issued in 

accordance with the provisions of the COUNTY Procurement Code, as amended 

from time to time or as approved by the Board. 

7.4.2 The CONTRACTOR’s fee on such changes shall be determined as follows: 

7.4.2.1 A mutually acceptable fixed fee not to exceed four percent (4%) of the net 

change to the Cost of the Work. 

7.4.2.2 Subcontractors’ percentage markup on Change Orders for overhead and 

profit shall be reasonable, but in no event shall the aggregate of the 

Subcontractors’ overhead and profit markups exceed ten percent (10%) of 

the net change to the Subcontractors’ Cost of the Work. In the event 

Subcontractor is affiliated with the CONTRACTOR by common ownership or 

management, or is effectively controlled by the CONTRACTOR, no fee will be 

allowed on the Subcontractors’ costs. In the event there is more than one 

level of Subcontractor, such as second and third tier Subcontractors, the sum 

of all of the Subcontractors’ including any tiered Subcontractors’ percentage 

markups for overhead and profit shall not in the aggregate exceed twelve 

percent (12%) of the net change to the Subcontractors’ Cost of the Work. 

7.4.2.3 Whenever a change in Subcontractor work is to be based on mutual 

acceptance of a lump sum, whether the amount is an addition, credit or no 

change-in-cost, CONTRACTOR shall submit to the CPM an initial cost 

estimate obtained from the Subcontractor. The breakdown shall list the 

quantities and unit prices for materials, labor, equipment and other items of 

cost. Whenever a change involves more than one Subcontractor and the 

change is an increase in the GMP, overhead and profit percentage of each 


Exhibit 2 



Subcontractor and CONTRACTOR, if applicable, shall be itemized separately 

and shall be allowed as in 7.4.2.2. 

7.4.2.4 The amount of decrease in the GMP for any change that results in a net 

decrease in cost will be the amount of the actual net decrease plus four 

percent (4%) for fixed fees, of the net change. When both additions and 

decreases are involved in any one change, the combined effect shall be 

figured on the basis of the net change in the Cost of the Work, if any. 

7.4.3 All changes to construction contracts must be approved in advance, in accordance 

with the County’s Procurement Code, unless otherwise provided by the Broward 

County Commission. 

7.4.4 CONTRACTOR shall not start work on any changes requiring an increase in the 

Contract Price or the Contract Time until a Change Order setting forth the 

adjustments is approved and issued by the COUNTY. Upon receipt of a Change 

Order, CONTRACTOR shall promptly proceed with the work set forth within the 

document. 

7.4.5 In the event satisfactory adjustment cannot be reached between the CPM, 

CONTRACTOR, PMO and Consultant for any item requiring a change in the 

Contract Price or Contract Time, and a Change Order has not been issued, the 

parties may submit the matter in dispute to the CA as set forth in Article 30 herein. 

During the pendency of the dispute, and upon receipt of a Change Order, 

CONTRACTOR shall promptly proceed with the change in the Work involved and 

advise the PMO, CPM and CA in writing within seven (7) calendar days of 

CONTRACTOR’s agreement or disagreement with the method, if any, provided in 

the Change Order for determining the proposed adjustment in the Contract Price or 

Contract Time. 

7.4.6 On approval of any change increasing the Contract Price, CONTRACTOR shall 

ensure that the Performance Bond and Payment Bond are increased so that each 

reflects the total Contract Price as increased. 

7.4.7 To avoid delays to the Project and to mitigate damages to the parties, Change 

Orders or construction change directives may be issued unilaterally by COUNTY at 

its sole option. 

7.5 No Damages for Delay: No claim for damages or any claim, other than for an extension of 

time, shall be made or asserted against COUNTY by reason of any delays except as 

provided in Article 7.6.2. CONTRACTOR shall not be entitled to an increase in the Contract 

Price or payment or compensation of any kind from COUNTY for direct, indirect, 

consequential, impact or other costs, expenses or damages, including, but not limited to, 

costs of acceleration or inefficiency, arising because of delay, disruption, interference or 

hindrance from any cause whatsoever, whether such delay, disruption, interference or 

hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or 

unavoidable; provided, however, that this provision shall not preclude recovery of damages 

by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active 

interference on the part of COUNTY or its agents. Otherwise, CONTRACTOR shall be 


Exhibit 2 



entitled only to extensions of the Contract Time as the sole and exclusive remedy for such 

resulting delay, in accordance with and to the extent specifically provided above. 

7.6 Excusable Delay: Compensable & Non-Compensable: 

7.6.1 Excusable Delay: Delay which extends the completion of the Work and which is 

caused by circumstances beyond the control of CONTRACTOR or its 

Subcontractors, material persons, suppliers, or vendors are Excusable Delay. 

CONTRACTOR is entitled to a time extension of the Contract Time for each day the 

Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim 

for any time extensions as provided in Section 6.5 herein. 

Failure of CONTRACTOR to comply with Section 6.5 herein as to any particular 

event of delay shall be deemed conclusively to constitute a waiver, abandonment or 

relinquishment of any and all claims resulting from that particular event of delay. 

7.6.2 Excusable Delay may be compensable or non-compensable. 

7.6.2.1 Compensable Excusable Delay: Excusable Delay is only compensable when 

(i) the delay extends the Contract Time, and (ii) is due solely to fraud, bad 

faith or active interference on the part of COUNTY or its PMO, CPM or 

Consultant. In no event shall CONTRACTOR be compensated for interim or 

non-critical delays which do not extend the Contract Time. 

COUNTY and CONTRACTOR recognize and agree that the amount of 

CONTRACTOR’s precise actual costs for delay in the performance and 

completion of the Work is impossible to determine as of the date of execution 

of the Contract Documents, and that proof of the precise amount will be 

difficult. Therefore, costs recoverable by the CONTRACTOR shall be 

liquidated on a daily basis for each day the Contract Time is delayed due to a 

Compensable Excusable Delay. These liquidated costs shall be paid to 

compensate CONTRACTOR for all indirect costs caused by a Compensable 

Excusable Delay and shall include, but not be limited to, Project overhead, 

acceleration, loss of earnings, loss of productivity, loss of bonding capacity, 

loss of opportunity and all other indirect costs recoverable shall be $1,500.00 

per day for each calendar day the Agreement is delayed due to a 

Compensable Excusable Delay. 

CONTRACTOR shall be entitled to direct, and indirect costs as provided 

above, for Compensable Excusable Delays. Direct costs recoverable by 

CONTRACTOR shall be limited to actual additional costs allowed pursuant to 

Section 8.4. 

7.6.2.2 Non-Compensable Excusable Delay: When Excusable Delay is caused by 

circumstances beyond the control of CONTRACTOR, its Subcontractors, 

material persons, suppliers and vendors, and is also caused by 

circumstances beyond the control of the COUNTY, PMO, CPM or Consultant, 

then CONTRACTOR shall be entitled to a time extension equal to the actual 

number of work days delayed on the critical path of the accepted schedule. 


Exhibit 2 



The CONTRACTOR’s General Conditions and CONTRACTOR’s 

Management Services costs associated with such time extension shall be 

considered Cost of the Work, but in no case shall CONTRACTOR be entitled 

to any increase in GMP nor any damages for the delay. Such costs may be 

compensated by a CPEAM transfer of COUNTY’s Contingency to the 

CONTRACTOR’s General Conditions or CONTRACTOR’s Management 

Services, fixed fee not included, at the CA’s sole discretion. 

ARTICLE 8 - PAYMENTS AND COST OF THE WORK 

8.1 When the Pricing Documents are complete, CONTRACTOR, PMO, CPM and CA shall 

convene a Contract Price meeting to negotiate the GMP. CONTRACTOR will thereafter 

submit to the CA a completed Exhibit 1, CONTRACTOR’s Direct Construction Cost, 

Schedule of Values, and any other revised elements within the GMP. Based upon such 

mutually agreed modifications, the CA will issue a CPEAM to reallocate amounts within the 

GMP; or, if a change to the GMP is required, the CA will initiate a Change Order through the 

CPM. 

8.2 In full consideration of the full and complete performance of the Work and all other 

obligations of the CONTRACTOR hereunder, the COUNTY shall pay to the CONTRACTOR 

a sum of money not to exceed the GMP. The GMP shall be as set forth in Article 9 as 

adjusted by any approved Change Orders. In the event that the CONTRACTOR’s 

expenditures for the Project exceeds the GMP, the CONTRACTOR shall pay such excess 

from its own funds, and the COUNTY shall not be required to pay any amount that exceeds 

the GMP; and the CONTRACTOR shall have no claim against the COUNTY on account 

thereof. 

8.3 After Final Completion and acceptance of the Work, CONTRACTOR, PMO, CPM and the 

CA shall determine any “savings” achieved during the progress of the Work. 

8.3.1 Prior to calculating the “savings,” the remaining amounts in the Document Completion 

Contingency shall be transferred to the COUNTY’s Contingency and shall not be used 

to determine “savings.” 

8.3.2 The “Savings” shall be determined by performing the following calculation: 

Add all unused amounts from the CONTRACTOR’s Direct Construction Cost, 

CONTRACTOR’s General Conditions, CONTRACTOR’s Management Services 

CONTRACTOR Fixed Fee, and CONTRACTOR'S Construction Contingency, and 

divide in half. The CONTRACTOR will share in half and the COUNTY will share in 

half. The COUNTY’s half shall be placed into the COUNTY’s Contingency using the 

CPEAM. The CONTRACTOR may submit a complete and proper invoice for its half 

of the savings. 

8.4 The term “Cost of the Work” shall mean the sum of all direct costs necessarily and 

reasonably incurred and paid by the CONTRACTOR in the performance of the Work. 

Such costs shall be at rates not higher than those customarily paid in the locality of the 


Exhibit 2 



Project except with the prior written consent of COUNTY. The Cost of the Work shall 

include only those items set forth in this Section 8.4 and shall not include any items 

listed in Section 8.5. Cost of the Work shall be determined as follows: 

8.4.1 Subcontractor Costs shall be: 

8.4.1.1 The CONTRACTOR’s Direct Construction Cost, as generally described on 

Exhibit 1, attached hereto, to be 100% performed by Subcontractors selected 

in accordance with Article 11, herein. Where the work is covered by unit prices 

contained in the Contract Documents or an applicable subcontract, the cost of 

the Work shall be determined by application of unit prices to the quantities of 

items involved. 

8.4.1.2 Where Subcontractor is owned by, or an affiliate of the CONTRACTOR or work 

is to be “self performed” by CONTRACTOR, no overhead and profit shall be 

allowed. 

8.4.1.3 If the subcontract provides that the Subcontractor is to be paid on the basis of 

Cost of the Work plus a fee, the Subcontractor’s Cost of the Work shall be 

determined in the same manner as CONTRACTOR’s Cost of the Work. 

8.4.2 CONTRACTOR’s Labor Costs: Payroll costs for employees in the direct employ of 

CONTRACTOR in the performance of the work described in the Contract Documents 

shall be limited to salaries plus labor burden as set forth in the schedule of job 

classifications agreed upon by COUNTY and CONTRACTOR in Exhibit 3 

(CONTRACTOR’s Management Services), and other non skilled labor costs which 

have the prior approval of the CA, subject to audit by COUNTY. Payroll costs for 

employees not employed full time on the work covered by the Agreement shall be 

apportioned on the basis of the time the employees spent on the work. Payroll costs 

shall be limited to salaries and wages plus the labor burden which includes social 

security contributions, unemployment, excise and payroll taxes, workers 

compensation, health insurance, sick leave, vacation, and holiday pay applicable 

thereto, only. 

8.4.3 Materials and Equipment: Cost of all necessary materials and equipment furnished 

and incorporated in the Work, including costs of transportation and storage thereof, 

and manufacturers’ field services required in connection therewith, adjusted in 

accordance with Article 10, Discounts, Rebates and Refunds; rentals of all 

construction equipment and machinery and the parts thereof, including all operating 

and maintenance costs, costs of transportation, loading, unloading, installation, 

dismantling and removal thereof, whether rented from CONTRACTOR or others. The 

rental of any such equipment, machinery or parts shall cease when the use thereof is 

no longer necessary for the Work. 

8.4.4 Miscellaneous costs: 

8.4.4.1 The cost, as documented by the CONTRACTOR’s detailed receipts, of 

telephone, telegrams, postage, photographs, blueprints, office supplies, first 


Exhibit 2 



aid supplies and related miscellaneous costs reasonably incurred in direct 

support of the Work at the Project. 

8.4.4.2 Premiums (net) on bonds and insurance coverages that the CONTRACTOR 

is obligated to secure and maintain under the terms of the Contract 

Documents and such other bonds as may be required, subject to the written 

approval of the COUNTY. Premiums paid as part of CONTRACTOR’s Cost 

shall be net of trade discounts, volume discounts, dividends and other 

adjustments. All insurance coverage's, excluding Owner Controlled Insurance 

Program (OCIP) costs and coverage's, and bonds shall be provided by 

companies acceptable to the COUNTY. Insurance through any affiliates of 

CONTRACTOR shall not be permitted without the COUNTY’s prior written 

approval. 

8.4.4.3 The cost of obtaining and using any utility services required for the Work that 

are not paid directly by COUNTY, including fuel and sanitary services at the 

Project site. 

8.4.4.4 The cost of removal of debris from the site. The Project site, lay-down 

locations, and staging sites will be kept clear of all debris on a daily basis. All 

subcontracts shall require Subcontractors to remove all debris daily created 

by their activities, and the CONTRACTOR shall exercise its best efforts to 

enforce such requirements or to effect the removal of the debris of the 

Subcontractors who fail in this regard. Provided, however, the 

CONTRACTOR shall not be required to remove debris created by the 

COUNTY’s separate contractors except pursuant to Change Order 

procedures set forth herein. CONTRACTOR shall ensure all laydown storage, 

staging, materials, and equipment shall be made safe and secure once 

BCAD Operations declares a Hurricane Warning, as directed by the CPM. 

8.4.4.5 The cost and expense actually sustained by the CONTRACTOR in 

connection with the Work, of protecting and repairing adjoining property, if 

required, except to the extent that any such cost or expense is: 

(a) the responsibility of the CONTRACTOR under Article 13, reimbursable by 

insurance under the County’s OCIP Program or the CONTRACTOR’s 

auto insurance coverage or otherwise; 

(b) due to the failure of the CONTRACTOR to comply with the requirements 

of the Contract Documents/County’s OCIP with respect to insurance; or, 

(c) due to the failure of any officer of the CONTRACTOR or of any of its 

representatives having supervision or direction of the Work to exercise 

good faith or the standard of care normally exercised in the conduct of the 

business of a general contractor experienced in the performance of work 

of the magnitude, complexity and type encompassed by the Contract 

Documents, in any of which events any such expenses shall not be 

included in CONTRACTOR’s costs. 


Exhibit 2 



8.4.4.6 Federal, state, municipal, sales, use and other taxes, as applicable to the 

Project, all with respect to services performed or materials furnished for the 

Work, it being understood that none of the foregoing includes federal, state or 

local income or franchise taxes. 

8.4.4.7 All reasonable costs and expenditures necessary for the operation of the 

Project job site office(s), including cost of field computer equipment and 

software. The CA shall determine the reasonableness of these costs and 

shall approve in writing prior to these costs being incurred. 

8.4.4.8 The proportion of necessary transportation, travel and subsistence expenses 

of CONTRACTOR’s employees, excluding travel time, incurred in discharge 

of duties connected with the Work except for local travel (within Broward, 

Miami-Dade, or Palm Beach Counties) to and from the site of the Work. 

8.4.4.9 Deposits lost for causes other than CONTRACTOR’s negligence; royalty 

payments and fees for permits and licenses. 

8.4.4.10 Cost of premiums for additional bonds required because of changes in the 

Work. 

8.4.4.11 Cost of special consultants, including, but not limited to, engineers, architects, 

testing laboratories, surveyors, employed for services specifically related to 

the Work. 

8.4.4.12 Any other expenses or charges incurred, with the prior written approval of the 

CA, in the performance of the Work. 

8.5 Exclusions to Cost of the Work: Overhead is defined as any and all other costs, not 

referenced in Section 8.4, of the CONTRACTOR and its operation which are not in direct 

support of the Project. The CONTRACTOR agrees to furnish and perform, as a part of 

the CONTRACTOR’s Fee and without reimbursement, said overhead items. The term 

“Cost of the Work” shall not include any of the following: 

8.5.1 Payroll costs and other compensation of CONTRACTOR’s officers, executives, 

principals (of partnership, parent company, and sole proprietorship), general 

managers, engineers, architects, estimators, lawyers, auditors, accountants, 

purchasing and contracting agents, expediters, timekeepers, clerks and other 

personnel employed by CONTRACTOR whether at the site or in its principal or a 

branch office for general administration that are not specifically included in the 

Management Services are to be considered administrative costs covered by 

CONTRACTOR’s labor burden and in accordance with section 8.4.2. 

8.5.2 Other than those expenses authorized by this Agreement, expenses of 

CONTRACTOR’s principal and branch offices. 

8.5.3 Any part of CONTRACTOR’s capital expenses, including interest on 

CONTRACTOR’s capital employed for the Work and charges against 

CONTRACTOR for delinquent payments. 


Exhibit 2 



8.5.4 Other overhead, general expense costs or charges of any kind and the cost of 

any item not specifically and expressly included in Section 8.4. 

8.5.5 Costs in excess of the GMP. 

8.5.6 Entertainment and meal expenses, car allowances (except for vehicle(s) required 

to carry out the work stationed on-site with advance approval by the CA) and 

charges of a personal nature. 

8.5.7 Bonuses, profit-sharing or other special labor charges not included in Section 

8.4.2, herein. 

8.5.8 Any outside legal or accounting fees incurred without prior written approval from 

the County Attorney, which approval is at the sole discretion of the County 

Attorney. 

8.6 Progress Payments: 

8.6.1 CONTRACTOR may make Application for Payment for Work completed during 

the Project at intervals of not more than once a month. CONTRACTOR shall, 

where the Project involves CBE Subcontractors, make application for payment 

for work completed by such Subcontractors during the Project at monthly 

intervals and shall pay its Subcontractors within thirty (30) calendar days 

following receipt of payment from the COUNTY for such subcontracted work. 

CONTRACTOR’s application shall show a complete breakdown of the Project 

components, the percentages completed and the amount due in proportion to the 

percentage of the Work completed or, as to General Conditions, at cost or, at the 

CA’s option, as a Negotiated Lump Sum payable in proportion to the percentage 

of the Work completed. 

8.6.2 Each application shall be accompanied by such supporting evidence as may be 

reasonably required by CPM or CA. Nevertheless, CONTRACTOR shall submit 

with each Application for Payment: 

an updated progress schedule acceptable to PMO, CPM and CA, as 

required by the Contract Documents; 

a monthly report as required by the Contract Documents; 

a Certification of Payments to Subcontractors (Form 00924); 

a release of liens from the CONTRACTOR relative to the work which is the 

subject of the previous pay Application; 

 

 

a completed Statement of Compliance, Form 1, attached hereto; 

Form 00924 shall be accompanied by a copy of the notification sent to each 

Subcontractor listed in item 2 of the form, explaining the good cause why 

payment has not been made. One original and four copies of each 

Application for Payment shall be submitted to CPM for certification and 

distribution to the PMO and CA. COUNTY shall make payment to 

CONTRACTOR within thirty (30) calendar days after receipt of 

CONTRACTOR’s complete and accurate Application for Payment, as 

determined by the CA, and submission of an acceptable updated progress 


Exhibit 2 



schedule. CA may request CONTRACTOR to submit additional information 

to support its Application for Payment; 

as applicable, a consent of the surety as to release of final payment or 

release of retainage; and 

Time sheets for management services in a form acceptable to the CA. 

. 

8.6.3 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by 

COUNTY until 50% of the Work is completed and accepted by the CA, excluding 

General Conditions. After fifty percent (50%) of the Work has been completed, 

the CONTRACTOR may request and the CA shall reduce the retainage to five 

percent (5%) of all monies previously earned and all monies earned thereafter, 

except CONTRACTOR’s General Conditions, with consent and release of 

Surety. After ninety percent (90%) of the Work has been completed, the 

CONTRACTOR may request and the CA may reduce the retainage to two and 

one-half percent (2-1/2%) of all monies previously earned and all monies earned 

thereafter, except CONTRACTOR’s General Conditions, with consent and 

release of Surety. Nothing contained herein; however, requires the COUNTY to 

pay or release any amounts that are the subject of a good faith dispute, the 

subject of a claim brought pursuant to s. 255.05, Florida Statutes, or otherwise 

the subject of a claim or demand by the COUNTY or CONTRACTOR. 

8.6.4 Subsequent to Final Completion and prior to Final Payment, CA may reduce 

retainage to a nominal amount at the sole discretion of the CA. Any reduction in 

retainage shall be in the sole discretion of the CA, shall be recommended by 

PMO and CPM and CONTRACTOR shall have no entitlement to a reduction. In 

addition, the CA may authorize release of retainage as to a particular 

Subcontractor or trade when the work of that Subcontractor or trade is 

satisfactorily completed. Any interest earned on retainage shall accrue solely to 

the benefit of COUNTY. CA may require consent of Surety prior to any release or 

reduction of retainage. 

8.6.5 COUNTY may withhold, in whole or in part, payment to such extent as may be 

necessary to protect itself from: 

8.6.5.1 Defective CONTRACTOR or Subcontractor Work not remedied. 

8.6.5.2 Claims filed or reasonable evidence indicating probable filing of claims by 

other parties against CONTRACTOR. 

8.6.5.3 Failure of CONTRACTOR to make payments properly to Subcontractors 

or for material or labor. 

8.6.5.4 Damage to another contractor not remedied. 

8.6.5.5 Liquidated damages and costs incurred by PMO, CPM, COUNTY or 

Consultant for extended construction administration. 

8.6.5.6 Failure of CONTRACTOR to provide any and all documents required to 

be provided to COUNTY by the terms of the Contract Documents. 


Exhibit 2 



8.6.5.7 COUNTY reasonably believes that the remaining contract value is 

insufficient to finish the Work. 

8.6.5.8 Overpayment made by the COUNTY as determined by audit of the 

CONTRACTOR’s records. 

8.6.6 The Schedule of Values, prepared in accordance with the terms of this 

Agreement, shall expand and detail the items contained in this Agreement’s 

Exhibits 1 (Estimated CONTRACTOR’s Direct Construction Cost) and Exhibit 2 

(General Conditions) and shall include the cost of materials, the cost of labor, the 

cost of equipment and the cost of Subcontractor work separately for all the 

portions of the Work delineated. Each monthly Application for Payment shall be 

for a sum equal to: (i) that portion of the CONTRACTOR’s Direct Construction 

Cost equal to the percentage of the Work completed; plus (ii) an appropriate 

amount of the CONTRACTOR’s General Conditions actually expended; plus (iii) 

an appropriate amount of the CONTRACTOR’s Fee as related to the percentage 

of the Work completed. The determination of the percentage of the Work 

completed shall be made by the CPM; provided, however, prior to the date of the 

final request, and unless subject to reduction under Section 8.6.5, the aggregate 

of the CONTRACTOR’s Fee payments shall not exceed 97.5% percent of the 

CONTRACTOR’s Fee as stated in Section 8.3. 

The CONTRACTOR’s Direct Construction Cost shall be segregated and detailed 

in a manner satisfactory to the PMO, CPM and the CA, with sufficient supporting 

documentation and description of charges for the PMO, CPM and the CA to 

evaluate the charges. The Request for Payment shall indicate the percentage of 

completion of each portion of the Work, and the total Work, as of the end of the 

period covered by the Application for Payment. The Schedule of Values shall be 

used as one basis for reviewing the Request for Payment when such amounts 

are approved. 

8.7 If the CA and CPM, in their good faith judgment, determine that the portion of the GMP 

then remaining unpaid will not be sufficient to complete the Work in accordance with the 

Contract Documents, no additional payments will be due to the CONTRACTOR 

hereunder unless and until the CONTRACTOR, at its sole cost, performs a sufficient 

portion of the Work so that such portion of the GMP then remaining unpaid is determined 

by the CA, CPM and PMO to be sufficient to so complete the Work. 

8.8 The CPM and CA shall review each such Request for Payment and may make such 

exceptions as the CPM and the CA reasonably deem necessary or appropriate under 

the state of circumstances then existing. In no event shall the COUNTY be required to 

make payment for items of the CONTRACTOR’s Cost to which the CPM or the CA 

reasonably takes exception. 

8.9 CONTRACTOR shall remain solely liable for Subcontractor’s work and for any unpaid 

laborers, material suppliers or Subcontractors of Subcontractor in the event it is later 

discovered that said work is deficient or that any of said laborers, material suppliers or 

Subcontractors did not receive payments due them on the Project. COUNTY will not 


Exhibit 2 



pay for defective or negligent work even if the cost of correcting such Work falls within 

the Contract Price, unless otherwise provided for in the Agreement and CPM determines 

that the CONTRACTOR has diligently pursued the repair or replacement of all defective 

work of their Subcontractors and vendors at no cost to COUNTY, in accordance with 

Article 23 – Defective Work. 

8.10 Upon receipt of written notice from CONTRACTOR that the Work is ready for final 

inspection and acceptance, Consultant and CPM shall, within ten (10) calendar days, 

make an inspection thereof. If Consultant, CPM and CA find the Work acceptable, the 

required documents have been submitted and the requirements of the Contract 

Documents have been fully satisfied, and all conditions of the permits and regulatory 

agencies have been met, a Final Certificate of Payment, Form 2, shall be issued by CA 

upon recommendation from CPM and Consultant, stating the requirements of the 

Contract Documents have been performed and the Work is ready for acceptance. 

8.11 Within thirty (30) calendar days after Final Completion of the Work and acceptance 

thereof by the COUNTY, the CONTRACTOR shall submit a Final Request For Payment 

(Final Request) which shall set forth all amounts due and remaining unpaid to the 

CONTRACTOR (including the unpaid portion of the CONTRACTOR’s Fee). Upon 

approval of the Final Request for Payment, the CA will issue a Final Certification of 

Payment in the form attached hereto as Form 2. The CONTRACTOR shall deliver to the 

COUNTY the Form of Final Receipt, Form 3, as attached hereto. 

8.12 Before final payment, CONTRACTOR shall deliver to CPM a complete release of all 

liens arising out of this Agreement, or receipts in full in lieu thereof from all suppliers and 

Subcontractors, consent for Final Payment of Surety, the final corrected as-built 

drawings, a completed and final CBE Utilization Report, Form 9, and final invoice. 

COUNTY may withhold final payment under the same circumstances as set forth in this 

Section 8.6 Progress Payments hereof. 

8.13 Except for the CONTRACTOR’s Fee, the CONTRACTOR shall use the sums paid to it 

pursuant to this Article 8 solely for the purpose of performance of the Work and the 

construction, furnishing and equipping of the Work in accordance with the Contract 

Documents and payment of bills incurred by the CONTRACTOR in performance of the 

Work. 

8.14 The CONTRACTOR shall promptly pay, in accordance with State Statute, all bills for 

labor and material performed and furnished by its Subcontractors, suppliers and material 

providers, in connection with the construction, furnishing and equipping of the Work and 

the performance of the Work. 

8.15 If, after the Work has reached Substantial Completion, full completion thereof is 

materially delayed through no fault of CONTRACTOR, and CPM and PMO so certifies, 

COUNTY shall, upon certificate of CONSULTANT, and without terminating the 

Agreement, make payment of the balance due for that portion of the Work fully 

completed and accepted. Such payment shall be made under the terms and conditions 

governing final payment, except that it shall not constitute a waiver of claims. 


Exhibit 2 



8.16 Final payment shall be made only after the COUNTY’s Director of Purchasing has 

reviewed a written evaluation of the performance of the CONTRACTOR, prepared by 

CPM and approved by CA, and Director of Purchasing has approved the final payment. 

The acceptance of final payment shall constitute a waiver of all claims by 

CONTRACTOR, except those previously made in strict accordance with the provisions 

of the Agreement and identified by CONTRACTOR as unsettled at the time of the 

application for final payment. 

ARTICLE 9 – CONTRACT PRICE ELEMENTS 

9.1 The Contract Price elements are as follows: 

A. CONTRACTOR’s Direct Construction Cost (Exhibit 1) $ TBD 

B. CONTRACTOR’s General Conditions (Exhibit 2) $ TBD 

C. CONTRACTOR’s Management Services (Exhibit 3) $ TBD 

D. CONTRACTOR’s Fixed Fee, (not to exceed 4% of A+B+C+H+I+K)* ‡ $ 54,892 

E. Document Completion Contingency $ TBD 

F. CONTRACTOR’s Construction Contingency (Including Early Work) $ TBD 

G. COUNTY’s Construction Contingency $ TBD 

H. CONTRACTOR’s Early Construction Work $ TBD 

I. CONTRACTOR’s Early Construction General Conditions (Exhibit 13) $ TBD 

J. COUNTY’S Early Work Contingency $ 512,000 

K. CONTRACTOR’s Pre-Construction Services, including investigative work (MNTE)$ 1,372,298 

= Guaranteed Maximum Price (GMP) $ TBD 

*Excluding Subcontracted Management Services 

‡ Plus any fee on dollars paid from contingencies upon CA approval 

9.2 CONTRACTOR’s Direct Construction Cost: The costs negotiated between the COUNTY 

and the CONTRACTOR for equipment, materials, labor, taxes and Subcontractors to 

complete the Work performed after the Early Construction Work is complete. 

9.3 CONTRACTOR’s General Conditions: The costs associated with the CONTRACTOR’s 

obligation to provide the following, but not limited to: Bonds, Insurance (other than 

OCIP), on-site offices including equipment and supplies used directly for the Work that is 

not provided by the COUNTY, sanitary devices, water, vehicles and communications 

devices not provided by COUNTY and other direct costs as substantiated by the 

CONTRACTOR, for construction work following completion and permitting of the 


9.4 CONTRACTOR’s Management Services: The cost of professionals, superintendents, 

safety personel and administrators employed by the CONTRACTOR to manage the 

quality, costs, schedule, Subcontractors and scope of the Work in order to successfully 

complete the Project as specifically set forth in Exhibit 3. If Management Services are 

subcontracted, no mark-ups shall be applied for these Management Services by the 

CONTRACTOR. 


Exhibit 2 



9.5 CONTRACTOR’s Fixed Fee: The CONTRACTOR’s Fixed Fee is the stated amount to 

be paid to CONTRACTOR for the services rendered to COUNTY pursuant to Section 

9.1.D of this Agreement. The CONTRACTOR’s Fixed Fee shall not be increased by the 

distribution of the CONTRACTOR’s CONTINGENCY to other price elements within the 

GMP. The CA may consider increasing the Fixed Fee when the use of either the 

COUNTY’s Contingency or Document Completion Contingency increases the scope of 

the Work, through no fault of CONTRACTOR, for work unanticipated within the original 

GMP. All CA approved increases to the CONTRACTOR’s Fixed Fee shall be 

documented on the same Contract Price Element Adjustment Memorandum (CPEAM) 

prepared for the related transfer of COUNTY’s Contingency or Document Completion 

Contingency funds to the other price elements. Increases to the CONTRACTOR’s 

Fixed Fee shall be limited to 4%, as defined by Section 9.1.D. 

9.6 Document Completion Contingency: At the time of execution of this Agreement, the 

Contract Documents may not be complete. Therefore, it is understood that the sum 

shown in Section 9.1.E as the Document Completion Contingency is available to cover 

additional costs arising from building code interpretation disputes between the permitted 

set of drawings and Broward County Building Code Services or the Fire Marshal. At 

Final Completion of the Project, any remaining monies in the Document Completion 

Contingency shall vest in the COUNTY. 

9.7 CONTRACTOR’s Construction Contingency: An amount certain, set aside for the 

CONTRACTOR’s use against risks assumed in providing a GMP with uncertainties 

which are beyond the control of the CONTRACTOR. The contingency includes: bid 

results from vendors and suppliers due to changed market conditions, as measured 

against a relevant market index selected by the CA, and subject to the review and 

approval of the CA, or other conditions which result in an increase in Direct Construction 

Cost through no fault of the CONTRACTOR. The CONTRACTOR will be required to 

furnish documentation, to the satisfaction of the CA, evidencing the expenditures 

charged to this Contingency as a precondition to release of any funds by the COUNTY. 

9.8 COUNTY’s Construction Contingency: These funds may be used to cover costs of 

additional elements of Work not included in the CONTRACTOR’s Construction Work, 

including but not limited to: COUNTY selected Subcontractors who are not the lowest 

responsive and responsible bidders for any portion of the work, COUNTY directed 

changes after permitting of the Work, differing site conditions, excusable delays as set 

forth in Section 7.6.2.2, post-hurricane Construction Directives, or errors and omissions 

in the Contract Documents. The CONTRACTOR shall not perform Work subject to the 

COUNTY’s Contingency Account without the Contract Administrator’s prior issuance of a 

CPEAM transferring such approved amounts to the CONTRACTOR’s Early Construction 

Work or other price element within the GMP. 

9.9 CONTRACTOR’s Early Construction Work: The costs negotiated between the COUNTY 

and the CONTRACTOR for equipment, materials, labor, taxes and Subcontractors costs 

to complete certain portions of the Work which have been fully designed and permitted, 

prior to issuance of a building permit for GMP work. 


Exhibit 2 



9.10 CONTRACTOR’s Early Construction General Conditions: The costs associated with the 

CONTRACTOR’s obligation to provide the following, but not limited to: Bonds, 

Insurance, on-site offices, vehicles, communication devices, including equipment and 

supplies used directly for the early construction Work not otherwise provided by 

COUNTY, sanitary devices, water, and other direct costs as substantiated by the 

CONTRACTOR, for construction work prior to full completion and permitting of the work 

to be performed after approval of the GMP. 

9.11 COUNTY’s Early Work Contingency: These funds may be used to cover costs of 

additional elements of Work not included in the CONTRACTOR’s Early Work, including 

but not limited to: Preconstruction Services or Early Investigative Work that was not 

contemplated, COUNTY directed changes after permitting of early Work, 

CONTRACTOR’s maintenance of utility services if the COUNTY occupies a portion of 

the Work earlier than scheduled, differing site conditions or errors and omissions in the 

Contract Documents. The CONTRACTOR shall not perform Work subject to the 

COUNTY’s Contingency Account without the Contract Administrator’s prior issuance of a 

CPEAM transferring such approved amounts to the CONTRACTOR’s Early Construction 

Work or other price element within the GMP. 

9.12 CONTRACTOR’s Preconstruction Services: The costs associated with the 

CONTRACTOR’s assistance to refine details of the Consultant’s design and completion 

of the Pricing Documents. Such assistance includes, but is not limited to: constructability 

review, estimating, scheduling, value engineering, design gap analysis, sequencing or 

phasing the work, preconstruction investigation services, and General Conditions per 

Exhibit 14 and Exhibit 15. The CONTRACTOR must provide a report in accordance with 

the requirements of Division 1 Specifications, of such assistance, identifying specific 

recommendations and sources thereof or reason therefore, provided to the satisfaction 

of the CA, as a precondition of receiving payments for the services. 

9.13 Contingency Accounts contain no fee, however a fee may be paid to the CONTRACTOR 

through the Contingency. Such fee will be paid at the CA’s discretion. When provided, a 

fee will be paid to the appropriate CONTRACTOR’s line item by a CPEAM. 

9.14 If an overage to any of the items shown in 9.1.A, 9.1. B, 9.1.C, 9.1.D, 9.1.E, 9.1.F, 9.1.G, 

9.1.H, or 9.1.I is due to CONTRACTOR’s negligence or substandard workmanship and 

materials, no CPEAM will be issued and all overage costs will be absorbed by the 

CONTRACTOR. 

ARTICLE 10 - DISCOUNTS, REBATES AND REFUNDS 

All cash discounts obtained on payments made by the CONTRACTOR shall accrue to the 

COUNTY unless the CONTRACTOR actually advanced its own funds, prior to receipt of funds 

from COUNTY, to make the payment giving rise to the discount. When CONTRACTOR 

becomes aware that a cash discount may be available to COUNTY, CONTRACTOR shall, prior 

to advancing its own funds, notify CPM of such opportunity so COUNTY can make the required 

payment to achieve the discount for the COUNTY. CONTRACTOR shall only advance its own 


Exhibit 2 



funds if CA declines to make the early payment. All trade discounts, rebates and refunds, 

including those pertaining to all returns from sale of surplus materials and equipment shall 

accrue to COUNTY, and CONTRACTOR shall make provisions so that they may be obtained. 

ARTICLE 11 - SUBCONTRACTS AND PURCHASE ORDERS 

Unless waived in writing by the CA, the CONTRACTOR must obtain competitive pricing and 

subcontract, in compliance with the requirements of this Article 11, for One Hundred Percent 

(100%) of the CONTRACTOR's Direct Construction Cost required under this Agreement. 

Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars 

($10,000) may be awarded without the prior approval of the CA, except that all Early 

Investigation Work requires approval of the CA. All other subcontracts and purchase orders 

shall be awarded according to the following procedure: 

11.1 The CONTRACTOR shall prepare for CPM’s, PMO’s and CA’s review and approval a list 

of Subcontractors and suppliers for each bid who meet the CONTRACTOR’s schedule 

of minimum requirements. The CONTRACTOR shall obtain bids from a minimum of 

three (3) such Subcontractors for each subcontract, when available. Otherwise, the 

CONTRACTOR shall provide documentation to the satisfaction of the OESBD 

demonstrating the circumstances where a minimum of three (3) Subcontractors are not 

available. 

After receiving such bids, the CONTRACTOR shall analyze them and make 

recommendations to the CPM, PMO, and CA for awards. CONTRACTOR shall provide 

to the CPM, PMO, and CA a copy of each Subcontractor’s bid sheet or tabulation and 

schedule of values including composition of payroll burdens and, when requested, any 

other documentation in its possession pertaining to such bids. When the CPM, PMO and 

CA have approved the award of any such subcontract or purchase order, the 

CONTRACTOR shall contract solely in its own name and behalf, and not in the name or 

behalf of the COUNTY, with the specified Subcontractor or supplier. 

The CONTRACTOR’s subcontract form shall provide: that the Subcontractor shall 

perform its portion of the Work in accordance with all applicable provisions of this 

Agreement and the Contract Documents; that Subcontractor is bound to the 

CONTRACTOR to the same terms and conditions as the CONTRACTOR is bound to the 

COUNTY; and shall further provide that, in the event this Agreement is terminated for 

any reason, that the Subcontractor shall, at the COUNTY’s option, perform its 

subcontract for the COUNTY, or for a contractor designated by the COUNTY, without 

additional or increased cost, provided the Subcontractor is paid in accordance with its 

subcontract. The CONTRACTOR shall sign and cause each Subcontractor to sign an 

Assignment of Rights under Construction Subcontract. Nothing contained herein shall 

impose on the COUNTY an obligation to assume any subcontract or make any payment 

to any Subcontractor to perform pursuant to this Section 11.1, and nothing contained 

herein shall create any contractual relationship between the COUNTY and any 

Subcontractor. 


Exhibit 2 



Costs incurred by COUNTY or CONTRACTOR due to CONTRACTOR’s failure to 

incorporate the provisions of this Agreement into each Subcontractor’s Agreement shall 

be the CONTRACTOR’s responsibility, and at no additional costs to the COUNTY. 

11.2 If the COUNTY, or CA, as applicable, shall designate as the selected Subcontractor or 

supplier a bidder whose bid exceeds that of the bidder recommended by the 

CONTRACTOR, whose bid complies with the Contract Documents (the amount by which 

the bid of the selected Subcontractor exceeds the bid of the bidder recommended by the 

CONTRACTOR is referred to herein as the preferred Subcontractor cost differential), 

then the CA may designate that the preferred Subcontractor cost differential shall be 

charged against any surplus amounts within the County’s Contingency for Direct Cost or 

the GMP shall be increased by the amount of the preferred Subcontractor cost 

differential in accordance with the Change Order procedure in Article 7. 

11.3 All subcontracts shall contain a schedule of values and labor rates including burden, 

overhead and profit, any other feasible formula for use in the determination of the cost of 

changes in the Work. 

ARTICLE 12 - INSURANCE 

12.1 COUNTY Provided Insurance. COUNTY will provide an Owner Controlled Insurance 

Program (OCIP) for the Project. The OCIP will be administered by Aon Risk Services of 

Florida, Inc. The OCIP is more fully described in the insurance manual (Insurance 

Manual), Exhibit 6 and the OCIP Safety and Loss Prevention Manual (Safety Manual), 

Exhibit 7, for the Project. Parties performing labor or services at the Project site are 

eligible to enroll in the OCIP, unless they are Excluded Parties (as defined below). The 

OCIP will provide to Enrolled Parties (as defined below) Workers’ Compensation and 

Employer’s Liability insurance, Commercial General Liability insurance, Excess Liability 

insurance, Builder’s Risk insurance and Pollution Liability insurance as summarily 

described below, in connection with the performance of the Work (OCIP Coverages). 

12.2 Enrolled Parties and Their Insurance Obligations. OCIP Coverages shall cover Enrolled 

Parties. Enrolled Parties are: the COUNTY, the OCIP Administrator, CONTRACTOR 

and eligible Subcontractors of all tiers that enroll in the OCIP, and such other persons or 

entities as CONTRACTOR may designate, in its sole discretion (each party insured 

under the OCIP is an “Enrolled Party.”) Enrolled Parties shall obtain and maintain, and 

shall require each of its or their Subcontractors to obtain and maintain, the insurance 

coverage specified in Section 12.8, below, and in the Insurance Manual. 

12.3 Excluded Parties and Their Insurance Obligations. The OCIP Coverages do not cover 

the following “Excluded Parties”: 

(a) Hazardous materials remediation, removal or transport companies and their 

consultants; 

(b) Architects, surveyors, engineers, and soil testing engineers, and their 

consultants; 

(c) Vendors, suppliers, fabricators, material dealers, truckers, haulers, drivers and 

others who merely transport, pick up, deliver, or carry materials, personnel, parts 


Exhibit 2 



(d) 

(e) 

or equipment, or any other items or persons delivering or hauling to or from the 

Project site only; 

CONTRACTOR and each of its or their respective Subcontractors of all tiers that 

do not perform any actual labor on the Project site; and 

Any parties as may be excluded by COUNTY in its sole discretion, even if they 

are otherwise eligible. 

Excluded Parties and parties no longer enrolled in or covered by the OCIP shall obtain 

and maintain, and shall require each of its or their Subcontractors of all tiers to obtain 

and maintain, the insurance coverage specified in Section 12.8, below, and in the 

Insurance Manual for all on-site and off-site operations. 

12.4 OCIP Insurance Policies Establish the OCIP Coverages. The OCIP Coverages and 

exclusions summarized in this Article 12 or in the Insurance Manual, attached hereto as 

Exhibit 6, are set forth in full in their respective insurance policies. The summary 

descriptions of the OCIP Coverages in this Article 12 or the Insurance Manual are not 

intended to be exhaustive, or to alter or amend any provision of the actual OCIP 

Coverages. In the event that any provision of this Article 12 or the Insurance Manual 

conflicts with the OCIP insurance policies, the provisions of the actual OCIP insurance 

policies shall govern. 

12.5 Summary of OCIP Coverages. OCIP Coverages shall apply only to those operations of 

each Enrolled Party performed at the Project site in connection with the Work, and only 

to Enrolled Parties that are eligible for the OCIP. OCIP coverages shall not apply to 

ineligible parties, even if they are erroneously enrolled in the OCIP. An Enrolled Party’s 

operations away from the Project site, including product manufacturing, assembling, or 

otherwise, shall only be covered if such off-site operations are identified and are 

dedicated solely to the Project. OCIP Coverages shall not cover off-site operations until 

receipt by CONTRACTOR or its Subcontractor of any tier of written acknowledgment of 

such coverage from the OCIP Administrator. The OCIP shall provide only the following 

insurance to eligible and Enrolled Parties: 

Summary Only – See the OCIP Manual for Detail 

12.5.1 Workers’ Compensation insurance at the Statutory Limit in compliance with the 

Workers Compensation Law of the State of Florida, and in compliance with all 

federal laws, including U.S. Longshoremen & Harbor Workers Act, and Jones Act 

coverage, where appropriate. 

This insurance is primary for all occurrences at the Project site 

12.5.2 Employer’s Liability Insurance with the following limits: 

Bodily Injury by Accident, each accident $1,000,000 

Bodily Injury by Disease, each employee $1,000,000 

Bodily Injury by Disease, policy limit $1,000,000 

This insurance is primary for all occurrences at the Project site. 


Exhibit 2 



12.5.3 Commercial General Liability Insurance provided on ISO Occurrence Form, or its 

equivalent, with the following limits: 

Each Occurrence Limit $2,000,000 

General Aggregate Limit for all Enrolled Parties $4,000,000 

Products & Completed Operations Aggregate 

For all Enrolled Parties $4,000,000 

Ten (10) Years Products & Completed Operations Extension 

This insurance is primary for all occurrences at the Project site. 

12.5.4 Excess Liability Insurance (over Employer’s Liability & General Liability), with the 

following limits: 

Combined Single Limit $200,000,000 

General Annual Aggregate for all Enrolled Parties $200,000,000 

Products & Completed Operations Aggregate 

For all Enrolled Parties $200,000,000 

Ten (10) Years Products & Completed Operations Extension 

12.5.5 COUNTY shall obtain and maintain Builder’s Risk insurance for the Project, 

providing coverage for all risks of direct physical loss or damage including flood, 

earthquake, and named windstorm, as more fully described in the original policy 

wording. CONTRACTOR, and all Subcontractors of every tier performing a 

portion of the Work on the Project shall be additional insureds under the 

Builder’s Risk insurance, as their respective interests appear. The Builder’s 

Risk insurance will provide for property in the course of construction, including 

offsite storage, transit, buildings, structures, fixtures, materials, foundations, 

machinery and equipment and cold testing, all as more fully described in the 

original policy wording. The Builder’s Risk insurance will provide a minimum limit 

of liability in the amount of the contract price for the amount of the Early Work 

and GMP to cover losses for physical damage and loss per project, subject to 

additional sub-limits as set forth in the original policy wording. CONTRACTOR 

shall be responsible for all deductibles under the Builder’s Risk insurance up to 

$25,000 per occurrence. 

12.5.6 COUNTY shall obtain and maintain Contractor's Pollution Liability (CPL) 

insurance, providing coverage for claims for bodily injury, property damage, 

clean-up costs, and related legal defense expense for pollution conditions that 

result from, or are disrupted by, the services rendered in performance of the 

contract by or on behalf of CONTRACTOR or any Subcontractor. Coverage will 

include extensions for transportation and disposal, will include full severability of 

interests, and will not be restricted by any time element limitations, mold, 

asbestos, or lead based paint exclusions. Coverage will apply to pollution 

conditions on, at, under, or migrating from the Project site. CONTRACTOR shall 

be responsible for all deductibles under the CPL, insurance up to $50,000 per 

occurrence. The CPL insurance shall have the following limits: 

Each Loss $200,000,000 

Aggregate $200,000,000 


Exhibit 2 



12.6 COUNTY’S Obligations. COUNTY shall pay the costs of premiums for the OCIP 

Coverages. COUNTY will receive or pay, as the case may be, all adjustments to such 

costs, whether by way of dividends, retroactive adjustments, return premiums, other 

moneys due, audits or otherwise. CONTRACTOR hereby assigns to COUNTY the right 

to receive all such adjustments, and shall require each of its Subcontractors of every tier 

to assign to COUNTY the right to receive all such adjustments. COUNTY assumes no 

obligation to provide insurance other than that specified in Section 12.5, and in the OCIP 

insurance policies. COUNTY’S furnishing of OCIP Coverage's shall in no way relieve or 

limit, or be construed to relieve or limit, CONTRACTOR or any of its Subcontractors of 

any responsibility, liability, or obligation imposed by the Contract Documents, the OCIP 

insurance policies, or by law, including, without limitation, any indemnification obligations 

which CONTRACTOR or any of its Subcontractors have to COUNTY thereunder. 

COUNTY reserves the right at its option, without obligation to do so, to furnish other 

insurance coverage of various types and limits provided that such coverage is not less 

than that specified in the Contract Documents. 

12.7 CONTRACTOR’S OCIP Obligations. CONTRACTOR shall: 

12.7.1 Incorporate the terms of Article 12 of this Contract, concerning the OCIP, into all 

subcontract agreements. 

12.7.2 Enroll in the OCIP within five (5) calendar days of execution of this Contract and 

maintain enrollment in the OCIP for the duration of the Contract, and assure that 

each of CONTRACTOR’S eligible Subcontractors of every tier enroll in the 

OCIP, and maintain enrollment in the OCIP for the duration of their respective 

subcontract within five (5) calendar days of subcontracting and prior to the 

commencement of Work at the Project site. 

12.7.3 Comply with all of the administrative, safety, insurance, and other requirements 

outlined in this Article 12, the Insurance Manual, the Safety Manual, the OCIP 

insurance policies, or elsewhere in the Contract Documents. 

12.7.4 Provide to each of its Subcontractors of every tier a copy of the Insurance 

Manual, and ensure Subcontractor compliance with the provisions of the OCIP 

insurance policies, the Insurance Manual, this Article 12, and the Contract 

Documents. The failure of (a) COUNTY to include the Insurance Manual in the 

bid documents or (b) CONTRACTOR to provide to each of its eligible 

Subcontractors of every tier a copy of the same shall not relieve CONTRACTOR 

or any of its Subcontractors from any of the obligations contained therein. 

12.7.5 Acknowledge, and require all of its Subcontractors of every tier to acknowledge, 

in writing, that COUNTY and the OCIP Administrator are not agents, partners or 

guarantors of the insurance companies providing coverage under the OCIP 

(each such insurer, an “OCIP Insurer”), that neither COUNTY nor the OCIP 

Administrator are responsible for any claims or disputes between or among 

CONTRACTOR, its Subcontractors of any tier, and any OCIP Insurer(s), and that 

neither COUNTY nor OCIP Administrator guarantees the solvency or the 

availability of limits of any OCIP Insurer(s). Any type of insurance coverage or 


Exhibit 2 



limits of liability in addition to the OCIP Coverage's that CONTRACTOR or its 

Subcontractors of any tier require for its or their own protection, or that is 

required by applicable laws or regulations, shall be CONTRACTOR’S or its 

Subcontractors’ sole responsibility and expense, and shall not be billed to 

COUNTY. 

12.7.6 Cooperate fully with the OCIP Administrator and the OCIP Insurers, as 

applicable, in the administration of the OCIP. 

12.7.7 Provide, within five (5) calendar days of COUNTY’S or the OCIP Administrator’s 

request, all documents or information requested of CONTRACTOR or its 

Subcontractors relating to eligibility for, enrollment in, or administration of the 

OCIP. Such information may include, but may not be limited to, payroll records, 

certified copies of insurance coverage's, declaration pages of coverage's, 

certificates of insurance, underwriting data, prior loss history information, safety 

records or history, OSHA citations, construction cost estimates for this Project, 

including auditable records of the calculation of the bid or Contract Price or any 

subcontract amount, pricing for each cost included in the bid or Contract Price or 

any subcontract amount, or such other data or information as COUNTY, the 

OCIP Administrator, or OCIP Insurers may request in the administration of the 

OCIP, to verify that the Costs of OCIP Coverages were not included in the 

Contract Price or any subcontract amount, or as required by the Insurance 

Manual. All such records shall be maintained through the term of the Contract 

and for a period of one (1) year thereafter. 

12.7.8 Comply, and require all of its Subcontractors to comply with OCIP Administrator’s 

instructions for electronically or hand delivering the enrollment forms to the OCIP 

Administrator enrolling in the OCIP using “Aon Wrap” and for electronically 

reporting payroll using “AonWrap.” 

12.7.9 Pay to COUNTY a sum of up to $5,000 for each occurrence, including court 

costs, attorneys fees and costs of defense for bodily injury or property damage to 

the extent losses payable under the OCIP Commercial General Liability Policy 

are attributable to CONTRACTOR’S Work, acts, or omissions, the Work, acts, or 

omissions of any of CONTRACTOR’S Subcontractors, or the Work, acts or 

omissions of any other entity or party for whom CONTRACTOR or its 

Subcontractor may be responsible (General Liability Obligation). This General 

Liability Obligation shall remain uninsured by CONTRACTOR, and will not be 

covered by the OCIP Coverages. 

12.8 Additional Insurance Required From Enrolled Parties and Excluded Parties. 

CONTRACTOR shall obtain and maintain, and shall require each of its Subcontractors 

of all tiers to obtain and maintain, the insurance coverages specified in this Section 12.8 

in a form and from insurance companies reasonably acceptable to COUNTY unless an 

exception is approved by the CONTRACTOR and CA. However, in no case will the 

COUNTY reduce the $5,000,000.00 automobile liability requirement for airside 

operations. The insurance limits may be provided through a combination of primary and 

excess policies, including the umbrella form of policy. Each policy required under this 

Section 12.8, except the Workers’ Compensation policy, shall name COUNTY, 


Exhibit 2 



CONSULTANT, the OCIP Administrator, their respective officers, agents and 

employees, and any additional entities as COUNTY may request as additional insured’s. 

The additional insured endorsement shall state that the coverage provided to the 

additional insured’s is primary and non-contributory with respect to any other insurance 

available to the additional insured’s. CONTRACTOR shall provide certificates of 

insurance coverage to COUNTY or the OCIP Administrator as required by the Insurance 

Manual. Enrolled Parties are to provide evidence of Worker’s Compensation, 

Employer’s Liability, General Liability, and Excess Liability insurance, as set out below, 

for off-site activities, and evidence of Automobile Liability insurance for all activities, both 

on-site and off-site. Excluded Parties must provide evidence of all insurance set out 

below for both on-site and off-site activities. 

12.8.1 ENROLLED PARTIES AND EXCLUDED PARTIES, per Section 12.3 MUST 

PROVIDE AUTOMOBILE LIABILITY COVERAGE FOR ONSITE AND OFFSITE 

WORK 

Standard Commercial Automobile Liability Insurance covering all owned, nonowned, 

and hired automobiles, trucks, and trailers with a combined single limit for 

NON AIRSIDE of not less than $1,000,000 for bodily injury, $1,000,000 for 

property damage, and with a $1,000,000 policy limit and for AIRSIDE not less 

than $5,000,000 for bodily injury, $5,000,000 for property damage and with a 

policy limit of $5,000,000. 

12.8.2 EXCLUDED PARTIES, per Section 12.3, MUST PROVIDE WORKER'S 

COMPENSATION FOR ONSITE AND OFFSITE WORK 

Workers’ Compensation insurance at the Statutory Limit in compliance with the 

Workers Compensation Law of the State of Florida, and in compliance with all 

federal laws, including U.S. Longshoremen & Harbor Workers Act, and Jones Act 

coverage, where appropriate, and Employer’s Liability insurance with limits of not 

less than $1,000,000 each accident, $1,000,000 each employee, and with a 

policy limit of $1,000,000. 

12.8.3 EXCLUDED PARTIES, per Section 12.3, MUST PROVIDE GENERAL 

LIABILITY FOR ONSITE AND OFFSITE WORK 

Commercial General Liability Insurance in a form providing coverage not less 

than the standard ISO Commercial General Liability insurance policy 

(Occurrence Form). The limits shall be: 

Enrolled Parties/Excluded Parties 

Each Occurrence $1,000,000/$2,000,000 

General Aggregate $2,000,000/$4,000,000 

Products/Completed Operations Aggregate $2,000,000/$4,000,000 

Personal/Advertising Injury Aggregate $1,000,000/$2,000,000 

Ten (10) Years Products/Completed Operations Extension 


Exhibit 2 



12.8.4 FOR APPLICABLE EXCLUDED PARTIES, per Section 12.3, MUST PROVIDE 

POLLUTION LIABILITY FOR ONSITE WORK 

Contractor’s Pollution Liability insurance for Excluded Parties, with the following 

minimum limits: 

Combined Single Limit per Occurrence $2,000,000 

General Annual Aggregate $2,000,000 

CONTRACTOR and CA will agree to actual amount of coverage which may 

exceed Two Million Dollars ($2,000,000) but in no case shall it be less than Two Million 

Dollars ($2,000,000). 

If transporting hazardous waste/materials from the Project site, an appropriate MCS-90 

Endorsement must be attached and supplied to COUNTY on a primary basis with limits 

of liability in the amount of $5,000,000. 

12.8.5 For all policies provided under this Section 12.8, if the initial insurance expires 

prior to the completion of the work, renewal certificates of insurance shall be 

furnished at least thirty (30) days prior to the date of their expiration. 

12.8.6 For all policies provided under this Section 12.8, the policy(ies) must be 

endorsed to provide COUNTY with at least thirty (30) calendar days notice of 

cancellation, restriction, or both. 

12.8.7 CONTRACTOR shall furnish to the COUNTY, or the OCIP Administrator, 

Certificates of Insurance or endorsements evidencing the insurance coverage 

specified above within fifteen (15) calendar days after notification of award of the 

Contract, in the form acceptable to COUNTY. The required Certificates of 

Insurance shall name the types of policies provided, refer specifically to this 

Contract, and state that such insurance is as required by this Contract. The 

failure to provide the Certificate of Insurance within fifteen (15) calendar days 

shall be the basis for the rescission of the awarding contract. The official title of 

the certificate holder is Broward County Board of County Commissioners. This 

official title shall be used in all insurance documentation. 

12.8.8 Right to revise or reject. Broward County's Risk Management Division reserves 

the right, but not the obligation, to review and revise any insurance requirements 

at the time of contract renewal or any amendments, not limited to deductibles, 

limits, coverages and endorsements based on insurance market conditions 

affecting the availability or affordability of coverage; or changes in the scope of 

work/specifications affecting the applicability of coverage. 

12.8.9 COUNTY is to be expressly included as an Additional Insured in the name of 

Broward County Board of County Commissioners with respect to general liability 

and excess liability coverages arising out of operations performed for COUNTY 

by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in 


Exhibit 2 



connection with general supervision of such operation. If CONTRACTOR uses 

a Subcontractor, then CONTRACTOR shall ensure that Subcontractor names 

COUNTY and CONSULTANT as an additional insured. 

12.8.10 CONTRACTOR’S failure to procure or maintain the insurance required by this 

Section 12.8 and to ensure that all of its Subcontractors of every tier maintain 

the required insurance during the entire term of their respective contracts shall 

constitute a material breach of this Contract pursuant to which COUNTY may 

immediately suspend or terminate this Contract, or, at its discretion, procure or 

renew such insurance to protect COUNTY’S interests, pay any and all premiums 

in connection therewith, and withhold or recover all monies so paid from 

CONTRACTOR. 

12.9 Additional Insurance Provisions. 

12.9.1 Representations and Warranties. CONTRACTOR represents and warrants to 

COUNTY, and shall require its Subcontractors of every tier represent and 

warrant to COUNTY that: 

(a) All information they submit to COUNTY, or to the OCIP Administrator, shall 

be accurate and complete. 

(b) They have had the opportunity to read and analyze copies of the OCIP 

insurance policies that are on file in OCIP Administrator’s office, and they 

understand the OCIP Coverages. Any reference or summary in the Contract, this 

Article 12, the Insurance Manual, or elsewhere in any other Contract Document 

as to amount, nature, type or extent of OCIP Coverages or potential applicability 

to any potential claim or loss is for reference only. CONTRACTOR and its 

Subcontractors of all tiers have not relied upon said reference, but solely upon 

their own independent review and analysis of the OCIP Coverages in formulating 

any understanding or belief as to amount, nature, type or extent of any OCIP 

Coverages or its potential applicability to any potential claim or loss. 

(c) The Costs of OCIP Coverages were not included in CONTRACTOR’S bid or 

proposal for the Work, the Contract Price, and will not be included in any change 

order or any request for payment for the Work or extra work. 

(d) CONTRACTOR acknowledges that COUNTY shall not pay or compensate 

CONTRACTOR or any Subcontractor of any tier, in any manner, for the Costs of 

OCIP Coverages. 

12.10 Audits. CONTRACTOR agrees that COUNTY, the OCIP Administrator, or any OCIP 

Insurer may audit CONTRACTOR’S or any of its Subcontractors’ payroll records, books 

and records, insurance coverages, insurance cost information, bid estimates, or pricing 

for any cost in the Contract Price or any subcontracted Work, or any information that 

CONTRACTOR provides to COUNTY, the OCIP Administrator, or the OCIP Insurers to 

confirm their accuracy, and to ensure that the Costs of OCIP Coverage's are not 

included in any payment for the Work. 


Exhibit 2 



12.11 COUNTY’S Election to Modify or Discontinue the OCIP. COUNTY may, for any reason, 

modify the OCIP Coverage's, discontinue the OCIP, or request that CONTRACTOR or 

any of its Subcontractors of any tier withdraw from the OCIP upon thirty (30) calendar 

days written notice. Upon such notice CONTRACTOR, Subcontractor(s), or both, as 

specified by COUNTY in such notice, shall obtain and thereafter maintain during the 

performance of the Work, all (or a portion thereof as specified by COUNTY) of the OCIP 

Coverage's. The form, content, limits of liability, cost, and the insurer issuing such 

replacement insurance shall be subject to COUNTY’S approval. The cost of the 

replacement coverage shall be at COUNTY’S expense, but only to the extent of the 

applicable Costs of OCIP Coverage's. 

12.12 Withholding Payments. COUNTY may withhold from any payment owed or owing to 

CONTRACTOR or its Subcontractors of any tier the Costs of OCIP Coverage's if they 

are included in a request for payment. In the event a COUNTY audit of 

CONTRACTOR’S records and information reveals a discrepancy in the insurance, 

payroll, safety, or any other information required by the Contract Documents to be 

provided by CONTRACTOR to COUNTY, or to the OCIP Administrator, or reveals the 

inclusion of the Cost of OCIP Coverage's in any payment for the Work, COUNTY shall 

have the right to full deduction from the Contract Price of all such Costs of OCIP 

Coverage's and all audit costs. Audit costs shall include, but shall not be limited to, the 

fees of the OCIP Administrator, and the fees of attorneys and accountants conducting 

the audit and review. If the CONTRACTOR or its Subcontractors fail to timely comply 

with any provisions of this Contract concerning the OCIP, COUNTY may withhold any 

payments due to CONTRACTOR, its Subcontractor(s) of any tier, or both, until such time 

as they have complied. Such withholding by COUNTY shall not be deemed to be a 

default under the Contract Documents. 

12.13 Waiver of Subrogation. Where permitted by law, CONTRACTOR hereby waives all 

rights of recovery by subrogation because of deductible clauses, inadequacy of limits of 

any insurance policy, limitations or exclusions of coverage, or any other reason against 

COUNTY, the OCIP Administrator, their officers, agents, or employees, and any other 

contractor or Subcontractor performing Work or rendering services on behalf of 

COUNTY in connection with the planning, development and construction of the Project. 

COUNTY also requires that all CONTRACTOR maintained insurance coverage related 

to the Work include clauses providing that each insurer shall waive all of its rights of 

recovery by subrogation against CONTRACTOR, COUNTY, the OCIP Administrator, 

and their officers, agents, or employees. Where permitted by law, CONTRACTOR shall 

require similar written express waivers and insurance clauses from each of its 

Subcontractors. A waiver of subrogation shall be effective as to any individual or entity 

even if such individual or entity (a) would otherwise have a duty of indemnification, 

contractual or otherwise, (b) did not pay the insurance premium directly or indirectly, and 

(c) whether or not such individual or entity has an insurable interest in the property 

damaged. 

12.14 Duty of Care. Nothing contained in this Article 12, or the Insurance Manual shall relieve 

the CONTRACTOR or any of its Subcontractors of any tier of their respective obligations 

to exercise due care in the performance of their duties in connection with the Work, and 

to complete the Work in strict compliance with the Contract Documents. 


Exhibit 2 



12.15 Conflicts. In the event of a conflict, the provisions of the OCIP insurance policies shall 

govern then the provisions of the Contract and its other related Contact Documents, then 

the provisions of the Insurance Manual. 

12.16 Upon selection by the Selection/Negotiating Committee or as otherwise required by this 

Agreement, the CONTRACTOR shall furnish to the CA, Certificates of Insurance 

evidencing the insurance coverage specified by this Article 12. Required Certificates of 

Insurance shall name the types of policies certified. 

12.17 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all 

performance required of CONTRACTOR is completed. All policies must be endorsed to 

provide COUNTY with at least thirty (30) calendar days notice of cancellation, restriction 

or both. If any of the insurance coverage's will expire prior to the completion of the 

Project, copies of renewal certificates shall be furnished at least thirty (30) calendar days 

prior to the date of their expiration. 

12.18 Insurance Requirements for Vendors, Suppliers, Material Providers, and Haulers. 

CONTRACTOR shall insure that all vendors, suppliers, material providers and haulers 

(Vendors), prior to entering the Project site, have the following insurance coverage's: 

12.18.1 Business Automobile Liability. Business automobile liability with minimum limits 

of Five Hundred Thousand Dollars ($500,000) per occurrence combined single 

limit for bodily injury liability and property damage liability and for airside not less 

than $5,000,000 for bodily injury, $5,000,000 for property damage and with a 

$5,000,000 policy limit. Coverage must be afforded on a form no more 

restrictive than the latest edition of the Business Automobile Liability policy, 

without restrictive endorsements, as filed by the Insurance Services Office, and 

must include Owned Vehicles and Hired and Non-Owned Vehicles. 

12.18.2 Workers’ Compensation. Workers’ Compensation and Employer’s Liability 

insurance for operations for all employees in compliance with the "Workers' 

Compensation Law" of the State of Florida and all applicable federal laws. 

12.18.3 Commercial General Liability Insurance. Commercial General Liability insurance 

for premises and operations including product liability for any product 

manufactured, assembled or otherwise worked upon away from the Project site, 

in a form providing coverage no more restrictive that the Standard Commercial 

General Liability insurance policy (Occurrence Form). Such policy shall be in the 

minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence 

bodily injury and property damage liability and if airside, One Million Dollars 

($1,000,000) per occurrence bodily injury and property damage liability. 

ARTICLE 13 - INDEMNIFICATION 

CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and 

employees, from liabilities, damages, losses, and costs, including, but not limited to 

reasonable attorney’s fees, to the extent caused by the negligence, recklessness or 


Exhibit 2 



intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by 

CONTRACTOR in the performance of this Agreement. To the extent considered 

necessary by Contract Administrator and County Attorney, any sums due 

CONTRACTOR under this agreement may be retained by COUNTY until all of 

COUNTY’s claims for indemnification pursuant to this Agreement have been settled or 

otherwise resolved, and any amount withheld shall not be subject to payment of interest 

by COUNTY. The provisions and obligations of this section shall survive the expiration or 

earlier termination of this Agreement. 

Mutual Waiver of Consequential Damages: CONTRACTOR and COUNTY expressly 

waive claims against each other for consequential damages arising out of or relating to 

this Agreement. Provided, however, nothing in this Agreement shall be deemed to 

preclude the application of liquidated damages, when applicable, in accordance with the 

provisions of this Agreement. 

ARTICLE 14 - PERFORMANCE AND PAYMENT BOND AND QUALIFICATIONS OF SURETY 

14.1 Within five (5) business days of being notified of the award of this Agreement, 

CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all 

the provisions of the Performance Bond and Payment Bond attached hereto as Forms 4 

and 5, respectively. 

14.1.1 Each Bond shall be in the amount of one hundred percent (100%) of the GMP 

guaranteeing to COUNTY the completion and performance of the Work covered 

in such Agreement as well as full payment of all suppliers, material providers, 

laborers, or Subcontractors employed pursuant to this Project. Each Bond shall 

be with a surety company which is qualified pursuant to Section 14.2. 

14.1.2 Each Bond shall continue in effect for one (1) year after Final Completion and 

acceptance of the Work with liability equal to one hundred percent (100%) of the 

Contract sum, or an additional bond shall be conditioned that CONTRACTOR 

will, upon notification by COUNTY, correct any defective or faulty work or 

materials which appear within one (1) year after Final Completion of the 

Agreement. 

14.1.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may 

be amended from time to time, CONTRACTOR shall ensure that the bond(s) 

referenced above shall be recorded in the public records of Broward County and 

provide COUNTY with evidence of such recording. 

14.1.4 Alternate form of Security: In lieu of a Performance Bond and a Payment Bond, 

CONTRACTOR may furnish alternate forms of security which may be in the form 

of cash, money order, certified check, cashier’s check. Such alternate forms of 

security shall be subject to the approval of COUNTY and for same purpose and 

shall be subject to the same conditions as those applicable above and shall be 

held by COUNTY for one (1) year after completion and acceptance of the Work. 


Exhibit 2 



14.2 Qualifications of Surety: 

14.2.1 Each bond must be executed by a surety company of recognized standing, 

authorized to do business in the State of Florida as surety, having a resident 

agent in the State of Florida and having been in business with a record of 

successful continuous operation for at least five (5) years. 

14.2.2 The surety company shall hold a current certificate of authority as acceptable 

surety on federal bonds in accordance with United States Department of 

Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the 

underwriting limitation set forth in the circular, in order to qualify, the net retention 

of the surety company shall not exceed the underwriting limitation in the circular, 

and the excess risks must be protected by coinsurance, reinsurance, or other 

methods in accordance with Treasury Circular 297, revised September 1, 1978 

(31 DFR Section 223.10, Section 223.111). Further, the surety company shall 

provide COUNTY with evidence satisfactory to COUNTY, that such excess risk 

has been protected in an acceptable manner. 

14.2.3 The COUNTY will accept a surety bond from a company as shown on the chart 

below provided, however, that if any surety company appears on the watch list 

that is published quarterly by Intercom of the Office of the Florida Insurance 

Commissioner, the COUNTY shall review and either accept or reject the surety 

company based on the financial information available to the COUNTY. A surety 

company that is rejected by the COUNTY may be substituted with a surety 

company acceptable to the COUNTY, only if the GMP amount does not increase. 

The following sets forth, in general, the acceptable parameters for bonds: 

Policy 

Holder’s 

Ratings 

Financial Size 

Category 

Amount of Bond 

500,001 to 1,000,000 A- Class I 

1,000,001 to 2,000,000 A- Class II 

2,000,001 to 5,000,000 A Class III 

5,000,001 to 10,000,000 A Class IV 

10,000,001 to 25,000,000 A Class V 

25,000,001 to 50,000,000 A Class VI 

50,000,001 or more A Class VII 


Exhibit 2 



ARTICLE 15 - INDEPENDENT CONTRACTOR 

In performing its obligations hereunder, the CONTRACTOR shall be deemed an independent 

contractor and not an agent or employee of the COUNTY. The CONTRACTOR shall be solely 

responsible for and have control over construction means, methods, techniques, sequences and 

procedures and for coordinating all portions of the Work under this Agreement, unless the Contract 

Documents give other specific instructions concerning these matters. 

ARTICLE 16 - PROJECT RECORDS 

16.1 Project Records: COUNTY or its designee shall have the right to inspect and copy the books 

and records and accounts of CONTRACTOR and all Subcontractors including but not limited 

to books, records, correspondence, instructions, drawings, receipts, payment records, 

vouchers, and memoranda which relate in any way to the Project, and to any claim for 

additional compensation made by CONTRACTOR, and to conduct an audit of the financial and 

accounting records of CONTRACTOR which relate to the Project and to any claim for 

additional compensation made by CONTRACTOR. CONTRACTOR shall preserve and make 

available to COUNTY all financial records, supporting documents, statistical records and any 

other documents which relate to the Project and to any claim for the required retention period 

of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, and, if the Public 

Records Act is not applicable, for a period of three (3) years following Final Completion of the 

Project. During the Project and for the appropriate records retention period, CONTRACTOR 

shall provide COUNTY access to its books and records at CONTRACTOR’s usual place of 

business within Broward County upon seventy-two (72) hours written notice. If any audit has 

been initiated and audit findings have not been resolved at the end of the retention period or 

three (3) years, whichever is longer, the books, records and accounts shall be retained until 

resolution of the audit findings. CONTRACTOR shall be required to produce all records within 

Broward County for review by COUNTY. If the Florida Public Records Act (Chapter 119, Fla. 

Stat.) is determined by COUNTY to be applicable to CONTRACTOR's records, 

CONTRACTOR shall comply with all requirements thereof. Any incomplete or incorrect entry 

in such books, records and accounts shall be a basis for COUNTY's disallowance and 

recovery of any payment upon such entry. 

16.1.1 CONTRACTOR’s records shall include, but not be limited to accounting records 

(hard copy, as well as computer readable data), written policies and procedures; 

Subcontractor files (including proposals of successful and unsuccessful bidders 

and bid recaps), surety files and bond company files, original estimates, 

estimating work sheets, correspondence, change order files (including, but not 

limited to, documentation covering negotiated settlements), back charge logs and 

supporting documentation, general ledger entries detailing cash and trade 

discounts earned, all required documentation as outlined in the Owner Controlled 

Insurance Program (OCIP) Safety and loss Prevention Manual and the OCIP 

Insurance Manual as attached hereto as Exhibit 6 and Exhibit 7 respectively, and 

any other supporting evidence deemed necessary by the COUNTY to 


Exhibit 2 



substantiate charges related to this Agreement (all of the foregoing hereinafter 

referred to as records). 

16.1.2 CONTRACTOR shall require all Subcontractors, insurance agents and material 

suppliers (payees) to keep and maintain comparable records for the same time 

period and to permit the COUNTY to review, inspect and audit such records. 

CONTRACTOR shall include such requirements in all written subcontracts and 

purchase orders issued. 

16.2 If an audit inspection or other examination by the COUNTY or the COUNTY’s 

representatives in accordance with this Article, discloses overcharges, of any nature in 

the amount of $25,000.00 or more, by the CONTRACTOR to the COUNTY, the cost of 

the COUNTY’s audit (whether performed by the COUNTY or outside auditors) shall be 

reimbursed or paid to the COUNTY by the CONTRACTOR. Any adjustments, payments, 

or both which must be made as a result of any such audit, inspection or examination of 

the CONTRACTOR’s invoices and records shall be made within a reasonable amount of 

time (not to exceed thirty (30) calendar days) from presentation of the COUNTY’s 

findings to the CONTRACTOR. 

16.3 By execution of the Agreement, CONTRACTOR represents, and COUNTY hereby 

materially relies on such representation in entering into this Agreement, that 

CONTRACTOR has not been placed on the discriminatory vendor list, as provided in 

Section 287.134, Florida Statues, as it may be amended from time to time. An untrue 

representation of the foregoing shall entitle COUNTY to terminate this Agreement, and 

may result in debarment from COUNTY’s competitive procurement activities. 

ARTICLE 17 - SURVEY 

Unless otherwise required by the technical specifications (or, in absence of technical 

specification requirements concurrent with the Final Request for Payment), the CONTRACTOR 

shall furnish final surveys in electronic file, AUTOCAD utilizing National CAD Standards as 

designated by the Contract Administrator, in addition to three (3) sets of hard copy, showing the 

exact locations of all structures and underground site utilities installed by CONTRACTOR, 

including all water, sewer, gas, fuel, telephone, security and electric lines and main, and 

locations of all easements for such utilities then existing. Such surveys shall be prepared by a 

licensed Florida surveyor who shall certify that the Work is installed and erected entirely upon 

the Project Site and within the building restriction lines, if any, and does not overhang or 

encroach upon any easement or right-of-way of others. CONTRACTOR must provide said 

survey prior to payment of final retainage by COUNTY. 


Exhibit 2 



ARTICLE 18 - CONTRACTOR’S RESPONSIBILITY FOR THE WORK 

All the following shall be included in the GMP: 

18.1 CONTRACTOR shall accept full responsibility for the Work against all loss or damage of 

whatsoever nature sustained until Final Completion by COUNTY, and shall promptly 

repair any damage done from any cause whatsoever. Provided that this Section is not 

intended to preclude, or in any way limit the right of the CONTRACTOR to assert it 

rights, submit a claim, or seek recovery under any applicable policy of insurance, 

including but not limited the OCIP coverage's. 

18.2 CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining 

to the Project whether or not stored on site. In the event any such materials, equipment 

and supplies are lost, stolen, damaged or destroyed prior to Final Completion by 

COUNTY, CONTRACTOR shall replace same without cost to COUNTY. 

CONTRACTOR shall be responsible to protect all materials, equipment and supplies, 

keeping them free from deterioration, weathering, rusting or other action detrimental to 

the materials. Materials stored off site shall be at no additional cost to the County. 

Provided that this Section is not intended to preclude, or in any way limit the right of the 

CONTRACTOR to assert it rights, submit a claim, or seek recovery under any applicable 

policy of insurance, including but not limited the OCIP coverage's. 

18.3 COUNTY reserves the right to award other contracts in connection with this Project. 

CONTRACTOR shall afford other persons or contractors reasonable opportunity for the 

introduction and storage of materials and the execution of work under such separate 

contracts. CONTRACTOR shall properly connect and coordinate this Work with the work 

of any other persons or contractors that might contract separately with COUNTY. 

18.4 If any part of CONTRACTOR’s Work depends upon the proper execution or results of 

the work of any other persons, CONTRACTOR shall inspect and promptly report to CPM 

any defects in such work that render it unsuitable for such proper execution and results. 

CONTRACTOR’s failure to so inspect and promptly report shall constitute an 

acceptance of the other person’s work as fit and proper for the reception of 

CONTRACTOR’s Work, except as to defects which may develop in other contractor’s 

work after the execution of CONTRACTOR’s Work. 

18.5 CONTRACTOR shall conduct its operations and take all prudent steps to coordinate the 

prosecution of the Work so as to create no interference or impact on any other 

contractor on the site. Should such interference or impact occur, and the 

CONTRACTOR did not take prudent steps, the CONTRACTOR shall be liable to the 

affected contractor for the cost of such interference or impact. 

18.6 To insure the proper execution of subsequent work, CONTRACTOR shall inspect the 

work already in place and shall at once report to CPM any discrepancy between the 

executed work and the requirements of the Contract Documents. 

18.7 Contractor shall, at the COUNTY’s option, maintain HVAC systems, electrical equipment 

and water/sewer services for the entire work, even if the COUNTY occupies any part of 


Exhibit 2 



the Work. If the COUNTY occupies any portion of the Work prior to the anticipated time, 

based on the Baseline Schedule, the CONTRACTOR shall be compensated for that 

portion of maintenance applicable to the utility serving the area occupied by the 

COUNTY. The compensation shall be made by transferring funds from the COUNTY’s 

Contingency to the CONTRACTOR’s General Conditions by method of CPEAM. 

18.8 Contractor shall follow all of the requirements, and be responsible for all the 

requirements in Exhibit 8, Division 1 Specifications. 

ARTICLE 19 - OCCUPATIONAL HEALTH AND SAFETY 

19.1 In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 

38F-41.03, Florida Administrative Code, delivered as a result of this Project must be 

accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the 

manufacturer. The MSDS must include the following information: 

19.1.1 The chemical name and the common name of the toxic substance. 

19.1.2 The hazards or other risks in the use of the toxic substance, including: 

(1) The potential for fire, explosion, corrosion, and reaction; 

(2) The known acute and chronic health effects of risks from exposure, including 

the medical conditions which are generally recognized as being aggravated 

by exposure to the toxic substance; and 

(3) The primary routes of entry and symptoms of overexposure. 

19.1.3 The proper precautions, handling practices, necessary personal protective 

equipment, and other safety precautions in the use of or exposure to the toxic 

substances, including appropriate emergency treatment in case of overexposure. 

19.1.4 The emergency procedure for spills, fire, disposal, and first aid. 

19.1.5 A description in lay terms of the known specific potential health risks posed by 

the toxic substance intended to alert any person reading this information. 

19.1.6 The year and month, if available, that the information was compiled and the 

name, address, and emergency telephone number of the manufacturer 

responsible for preparing the information. 

19.2 The CONTRACTOR agrees that it shall not transport to, use, generate, dispose of, or 

install at the Project site any Hazardous Substance, (as defined in Section 19.5), except 

in accordance with applicable Environmental Laws. Further, in performing the work, the 

CONTRACTOR shall not cause any release of hazardous substances into, or 

contamination of, the environment, including the soil, the atmosphere, any water course 

or ground water, except in accordance with applicable Environmental Laws. At Final 


Exhibit 2 



Completion of the Work, the CONTRACTOR must provide an Environmental 

Indemnification Certificate, indemnifying the COUNTY for all claims, actions, or suits 

resulting from the handling, transport, generation, disposal of any Hazardous Substance 

as a precondition to the full release of retainage. Such indemnification statement must 

meet the approval of the CA. 

19.2.1 Disposal of Hazardous Substances: Contractor shall prepare all documentation 

necessary to demonstrate that Federal, State, and local codes, statutes and laws 

are complied with for the transportation and disposal of hazardous materials. 

Such documentation must be delivered to the CPM as a pre-condition for 

payment. 

19.3 In the event the CONTRACTOR encounters on the Project site any Hazardous 

Substance, or what the CONTRACTOR reasonably believes to be a Hazardous 

Substance, and which is being introduced to the Work, or exists on the Project Location, 

in violation of any applicable Environmental Laws, the CONTRACTOR shall immediately 

stop work in the area affected and report the condition to the CPM and CA in writing. 

The Work in the affected area shall not thereafter be resumed except by written 

authorization of the CPM and CA if in fact a Hazardous Substance has been 

encountered and has not been rendered harmless. 

19.4 The CA through the CPM may direct the CONTRACTOR by utilization of COUNTY’s 

Contingency Account funds to remediate the Hazardous Substance in accordance with 

any applicable permits then in existence, but the CONTRACTOR shall not be required to 

remediate the Hazardous Substance absent such direction. If the CONTRACTOR is not 

so directed, CONTRACTOR shall not be required to resume work in any area affected 

by the Hazardous Substance until such time as the Hazardous Substance has been 

remediated. 

19.5 For purposes of this Agreement, the term “Hazardous Substance” shall mean and 

include, but shall not be limited to, any element, constituent, chemical, substance, 

compound or mixture, which are defined in or included under or regulated by any local, 

state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental 

regulation, contamination, clean-up or disclosure, including, without limitation, The 

Comprehensive Environmental Response, Compensation and Liability Act of 1980 

(CERCLA), The Resource Conservation and Recovery Act (RCRA), The Toxic 

Substances Control Act (TSCA), The Clean Water Act (CWA), The Clean Air Act (CAA), 

and The Marine Protection Research and Sanctuaries Act (MPRSA), The Occupational 

Safety and Health Act (OSHA), The Superfund Amendments and Reauthorization Act of 

1986 (SARA), or other state superlien or environmental clean-up or disclosure statutes 

including all state and local counterparts of such laws (all such laws, rules and 

regulations being referred to collectively as Environmental Laws). It is the 

CONTRACTOR’s responsibility to comply with this Article 19 based on the law in effect 

at the time its services are rendered and to comply with any amendments to those laws 

for all services rendered after the effective date of any such amendments. 


Exhibit 2 



19.6 Safety and Protection: 

19.6.1 CONTRACTOR shall be solely responsible for initiating, maintaining and 

supervising all safety precautions and programs in connection with the Project. 

CONTRACTOR shall take all necessary precautions for the safety of, and shall 

provide the necessary protection to prevent damage, injury or loss to: 

19.6.1.1 All employees and Subcontractors on the work site and other persons 

who may be affected thereby; 

19.6.1.2 All the work and all materials or equipment to be incorporated therein, 

whether in storage on or off the Project site; 

19.6.1.3 Other property at the Project site or adjacent thereto, including trees, 

shrubs, lawns, walks, pavements, roadways, structures and utilities not 

designated for removal, relocation or replacement in the course of 

construction; and 

19.6.1.4 Aircraft, people, and vehicles through a Maintenance of Traffic (MOT) 

plan. 

19.6.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules, 

regulations and orders of any public body having jurisdiction for the safety of 

persons or property or to protect them from damage, injury or loss; and shall 

erect and maintain all necessary safeguards for such safety and protection. 

CONTRACTOR shall notify owners of adjacent property and utilities when 

prosecution of the work may affect them. All damage, injury or loss to any 

property referred to in Sections 19.6.1.3 and 19.6.1.4 above, caused directly or 

indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone 

directly or indirectly employed by any of them or anyone for whose acts any of 

them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's 

duties and responsibilities for the safety and protection of the work shall 

continue until such time as all the Work is completed and PMO has issued a 

notice to COUNTY and CONTRACTOR that the Work is acceptable except as 

otherwise provided in Article 6.5 hereof. Provided that this Section is not 

intended to preclude, or in any way limit the right of the CONTRACTOR to 

assert it's rights, submit a claim, or seek recovery under any applicable policy of 

insurance, including but not limited the OCIP coverage's. 

19.6.3 CONTRACTOR shall designate a responsible member of its organization at the 

Work site whose duty shall be the prevention of accidents. This person shall be 

CONTRACTOR'S project manager unless otherwise designated in writing by 

CONTRACTOR to COUNTY. This person shall work with the Owner Controlled 

Insurance Program (OCIP) Safety Director and his/her designated staff 

19.6.4 Contractor shall establish weekly Toolbox talks with employees to review safe 

work requirements. Such talks shall be documented and all participants shall sign 

a sign-in sheet to verify attendance. Refer to the OCIP Safety Manual, Exhibit 7, 

for additional information on Toolbox talks. 


Exhibit 2 



19.6.5 The Contractor shall prepare a Hazard Safety Analysis report for construction 

activities that are inherently dangerous to workers or property. Such activities 

include, but are not limited to, excavation, crane lifts, hot cutting or welding, 

working on scaffolding or ladders, and erection of steel or precast concrete 

structures. Such report shall describe the activities, workers involved, equipment 

required, work areas and hazards associated with the work. Such report shall 

identify the precautions the Contractor and its Subcontractors will use to perform 

the work in a safe manner, and shall list contact names and telephone numbers 

for Contractor’s site superintendent and safety officer. 

19.6.6 Notwithstanding the foregoing, CONTRACTOR shall comply with the OCIP 

Safety and Loss Prevention Manual attached hereto as Exhibit 7. In the event of 

a conflict between this Agreement and the OCIP Safety and Loss Prevention 

Manual, the Manual shall prevail. 

ARTICLE 20 - PERMITS, LICENSES AND IMPACT FEES 

20.1 Pursuant to the Public Bid Disclosure Act, EACH LICENSE, PERMIT OR FEE A 

CONTRACTOR WILL HAVE TO PAY THE COUNTY BEFORE OR DURING 

CONSTRUCTION OR THE PERCENTAGE METHOD OR UNIT METHOD OF ALL 

LICENSES, PERMITS AND FEES REQUIRED BY THE COUNTY AND PAYABLE TO 

THE COUNTY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE 

AGREEMENT ARE AS FOLLOWS: 

Occupational Licenses must be in effect as required by Florida Statutes 205.065, and 

must be submitted within fifteen (15) calendar days of execution of this Agreement. 

Licenses, permits and fees which may be required by the State of Florida, State 

Agencies or by other local governmental entities are not included in the above. 

20.2. Except as otherwise provided by the Contract Documents, all permits required by 

federal, state or local laws, rules and regulations necessary for the prosecution of the 

Work undertaken by CONTRACTOR pursuant to this Agreement shall be secured and 

paid for by COUNTY. It is CONTRACTOR's responsibility to have and maintain 

appropriate Certificate(s) of Competency, valid for the Work to be performed and valid 

for the jurisdiction in which the Work is to be performed for all persons working on the 

Project for whom a Certificate of Competency is required. 

20.3. Impact fees levied by any municipality shall be paid by COUNTY. 

20.4 The CONTRACTOR shall notify the CPM in writing of all conflicts between the Contract 

Documents and any laws, ordinances, rules, regulations and restrictions that come to 

the attention of the CONTRACTOR. If the CONTRACTOR performs any of the Work 

knowing it to be contrary to any such laws, ordinances, rules, regulations or restrictions 

and fails to give the CPM written notice thereof prior to performance thereof, the 

CONTRACTOR shall bear all costs, liabilities and expenses arising therefrom. 


Exhibit 2 



20.5 The CONTRACTOR shall be responsible for obtaining all necessary licenses, building 

and other permits, and similar authorizations from governmental authorities required or 

necessary to perform its obligations hereunder, and shall give all notices required by, 

and otherwise comply with, all applicable laws, ordinances, rules, regulations and 

restrictions. 

ARTICLE 21 - PERSONNEL 

21.1 All personnel used or employed by the CONTRACTOR in the performance of the Work 

shall be qualified by training and experience to perform their assigned tasks. At the 

request of the COUNTY or the CPM, the CONTRACTOR shall not use in the 

performance of the Work any personnel deemed by the COUNTY or the CPM to be 

incompetent, careless, unqualified to perform the work assigned to that person, or 

otherwise unsatisfactory to the COUNTY. 

21.2 The CONTRACTOR agrees that in the performance of the Work called for by this 

Agreement, it will employ only such labor, and engage Subcontractors that employ only 

such labor, as will not delay or interfere with the speedy and lawful progress of the 

Project, and as will be acceptable to and work in harmony with all other workers 

employed on the Project site or on any other building, structure, or other improvement 

which the CONTRACTOR or any other contractor may then be erecting or altering on 

behalf of the COUNTY. 

The CONTRACTOR agrees that it shall not employ any labor that will interfere with labor 

harmony at the Project site or with the introduction and storage of materials and the 

execution of work by other contractors or by Subcontractors. 

21.3 CONTRACTOR shall furnish the CPM or PMO on request, resumes of CONTRACTOR’s 

key and core personnel involved in the day-to-day Work on the Project. The key 

personnel shall include, but shall not be limited to, Project Executive, Project Manager, 

and Superintendant. Core employees shall include, but shall not be limited to, Chief 

Estimator and Scheduler. 

ARTICLE 22 - CONTRACTOR’S WARRANTIES 

CONTRACTOR warrants to COUNTY that all materials and equipment under this Agreement 

will be new unless otherwise specified and that all of the Work will be of good quality, free from 

faults and defects and in complete conformance with the Contract Documents. All work not 

conforming to these requirements, including substitutions not properly approved and authorized 

by the Consultant, CA, CPM and PMO, may be considered defective. If required by CPM, 

CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and 

equipment. This warranty is not limited by the provisions of Article 23 herein. 

22.1 The CONTRACTOR further represents and warrants: 


Exhibit 2 



That it is financially solvent, able to pay its debts as they mature, and possesses 

sufficient working capital to perform this Agreement; that it is able to furnish the 

materials, and services; that it is experienced in and competent to perform the Work 

contemplated by this Agreement; and it is qualified to do the Work herein and is 

authorized to do business in the State of Florida. 

That the CONTRACTOR holds a license, permit or other special license to perform the 

services included in this Agreement, as required by law, or employs or works under the 

general supervision of the holder of such license, permit or special license. 

The CONTRACTOR agrees that the Work shall be performed in a good workmanlike 

and professional manner, free from defects in materials and execution, and that all 

Materials shall be new and approved by or acceptable to the PMO, CPM and 

Consultant, except as otherwise expressly provided for in the Contract Documents. 

ARTICLE 23 - DEFECTIVE WORK 

23.1 PMO, CPM or Consultant shall have the authority to reject or disapprove work which 

PMO, CPM or Consultant finds to be defective. Upon notice of defective Work, CPM or 

Consultant, through the CPM shall issue a non-conformance report. The CONTRACTOR 

shall promptly either correct all defective work or remove such defective work and 

replace it with non-defective work. Said work requires the prior approval of the CA. 

CONTRACTOR shall pay all direct, indirect and consequential costs of such removal or 

corrections including cost of testing laboratories and personnel. All such costs shall be 

included in the GMP. 

23.2 Should CONTRACTOR fail or refuse to remove or correct any defective work or to make 

any necessary repairs in accordance with the requirements of the Contract Documents 

within the time indicated in writing by CPM, CA shall have the authority to cause the 

defective work to be removed or corrected, or make such repairs as may be necessary 

at CONTRACTOR’s expense. Any expense incurred by COUNTY in making such 

removals, corrections or repairs, shall be paid for out of any monies due or which may 

become due to CONTRACTOR and deducted from the GMP by a deduction Change 

Order, or may be charged against the Performance Bond. In the event of failure of 

CONTRACTOR to make all necessary repairs promptly and fully, CA may declare a 

default. 

23.3 If, within one (1) year after the date of Substantial Completion or such longer period of 

time as may be prescribed by the terms of any applicable special warranty required by 

the Contract Documents, any of the Work is found to be defective or not in accordance 

with the Contract Documents, CONTRACTOR, after receipt of written notice from CA , 

shall promptly correct such defective or nonconforming Work within the time specified by 

CA without cost to COUNTY, to do so. Nothing contained herein shall be construed to 

establish a period of limitation with respect to any other obligation which CONTRACTOR 

might have under the Contract Documents including but not limited to, Article 22 herein 

and any claim regarding latent defects. 


Exhibit 2 



23.4 Failure to reject any defective work or material shall not in any way prevent later 

rejection when such defect is discovered, or obligate COUNTY to Final Completion. 

23.5 The CONTRACTOR shall, to the CA’s satisfaction, (i) replace any part of the Work that 

fails to conform with the requirements of this Agreement that appear during progress of 

the Work on the Project; or (ii) remedy any defects in the Work due to faulty materials or 

workmanship which appear within a period of one (1) year from the time of Substantial 

Completion of the Work or portions thereof hereunder or within such longer period of 

time as may be set forth in the Contract Documents or as may be required by law; or (iii) 

replace, repair or restore any parts of the Project or furniture, fixtures, equipment or 

other items placed therein (whether by the COUNTY or any other party) that are injured 

or damaged by any such parts of the Work that do not conform to the requirements of 

this Agreement or are due to defects in the Work. The provisions of this Article 23 shall 

not apply to corrective work attributable solely to the acts of omissions of any separate 

contractor or Subcontractor of the COUNTY unless the CONTRACTOR is acting in such 

capacity or capacities. The cost to the CONTRACTOR of performing any of its 

obligations under this Article 23 shall be within the GMP. The CONTRACTOR’s 

responsibility to make repairs and redo work under this Article 23, is in addition to the 

CONTRACTOR's responsibility to the COUNTY for any other damages of any kind for 

which the CONTRACTOR would be legally responsible. 

23.6 If the CA and the CONTRACTOR deem it inexpedient to require the correction of work 

damaged or not performed in accordance with the Contract Documents, an equitable 

deduction from the Contract Price and the GMP shall be made by agreement between 

the CONTRACTOR and the CA, or COUNTY as appropriate Until such settlement, the 

CA may withhold such sums as the CA deems just and reasonable from monies, if any, 

due the CONTRACTOR. If no moneys are held by the COUNTY, reimbursement shall 

be made to the COUNTY within thirty (30) calendar days by the CONTRACTOR. 

23.7 The CONTRACTOR’s express warranty herein shall be in addition to, and not in lieu of, 

any other warranties or remedies the COUNTY may have under this Agreement, at law, 

or in equity for defective Work. 

ARTICLE 24 - SIGNAGE 

24.1 Any requirements for project signs shall be as set forth within the Technical 

Specifications section. In the absence of such technical specification, CONTRACTOR 

shall coordinate with and provide Contract Administrator’s typical project sign including 

applicable Broward County color logo graphics and identification of BOARD, 

CONTRACTOR, PMO, CPM, Consultant, and other personnel at the direction of the CA. 

24.2 All construction signage located at the Project Location, shall be subject to the prior 

written approval of the CPM and Contract Administrator. The CONTRACTOR recognizes 

that all signage may be disallowed, in the CPM’s and Contract Administrator’s sole 

discretion, and that existing signage or advertising on construction field offices, trailers, 

construction fences, and other construction elements or aids, may be required to be 

masked or deleted, all at no cost or expense to the COUNTY. Such signage will be 


Exhibit 2 



considered an overhead expense pursuant to Section 8.4 and shall not be included 

within the Cost of the Work. 

ARTICLE 25 - PUBLIC ENTITY CRIMES ACT 

CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity 

Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or 

affiliate who is a contractor, consultant or other provider and who has been placed on the 

convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a 

contract to provide any goods or services to COUNTY, may not submit a bid on a contract with 

COUNTY for the construction or repair of a public building or public work, may not submit bids 

on leases of real property to COUNTY, may not be awarded or perform work as a contractor, 

supplier, Subcontractor, or consultant under a contract with COUNTY, and may not transact any 

business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida 

Statutes, for category two purchases for a period of 36 months from the date of being placed on 

the convicted vendor list. Violation of this section shall result in termination of this Agreement 

and recovery of all monies paid hereto, and may result in debarment from COUNTY’s 

competitive procurement activities. 

In addition to the foregoing, CONTRACTOR further represents that there has been no 

determination, based on an audit, that it committed an act defined by Section 287.133, Florida 

Statutes, as a public entity crime and that it has not been formally charged with committing an 

act defined as a public entity crime regardless of the amount of money involved and regardless 

of whether CONTRACTOR has been placed on the convicted vendor list. 

ARTICLE 26 - OWNERSHIP OF CONTRACT DOCUMENTS 

Drawings, specifications, designs, models, photographs, reports, surveys, and other data 

submitted by the CONTRACTOR provided in connection with this Agreement are and shall 

remain the property of the COUNTY whether the Project for which they are made is completed 

or not. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, 

photographs, and reports prepared by CONTRACTOR shall become the property of COUNTY 

and shall be delivered by CONTRACTOR to CA within seven (7) calendar days of termination of 

the Contract by either party. Any compensation due to CONTRACTOR shall be withheld until all 

documents are received as provided herein. 

ARTICLE 27 - CONTRACTOR’S REPRESENTATIVE 

The CONTRACTOR’s representatives shall include, but is not limited to, the Project Manager 

and Principal in Charge, as provided in CONTRACTOR’s response to RLI R0787918R1. The 

CONTRACTOR shall advise the CPM, in writing, of any limitations on the authority of 

CONTRACTOR’s representative(s); otherwise, CONTRACTOR’s representative(s) shall be 


Exhibit 2 


Terminal 4 Gate Replacement - Western Expansion 

considered to have full authority to execute any and all instruments requiring the 

CONTRACTOR'S signature and to act on behalf of the CONTRACTOR with respect to all 

matters arising out of this Agreement. 

ARTICLE 28 - COUNTY'S RIGHT TO TERMINATE AGREEMENT 

28-1 If the CONTRACTOR: fails to begin the Work within ten (10) calendar days after the 

Project Initiation Date; fails to perform the Work with sufficient workers and equipment or 

with sufficient materials to insure the prompt completion of the Work; performs the Work 

unsuitably, or causes it to be rejected as defective and unsuitable; discontinues the 

prosecution of the Work pursuant to the accepted schedule; fails to perform any material 

term set forth in the Contract Documents; becomes insolvent or is declared bankrupt, or 

commits any act of bankruptcy or insolvency; makes an assignment for the benefit of 

creditors; or from any other cause whatsoever shall not carry on the Work in an 

acceptable manner, CA may give notice in writing to CONTRACTOR and its Surety of 

such delay, neglect or default, specifying the same. 

If CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not 

proceed in accordance therewith, then COUNTY may upon written certificate from the 

CPM of the fact of such delay, neglect or default and CONTRACTOR'S failure to comply 

with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR 

from the Project site and take the prosecution of the Work out of the hands of 

CONTRACTOR, and appropriate or use any or all materials and equipment that are an 

integral part of the Work on the Project site as may be suitable and acceptable. In such 

case, CONTRACTOR shall not be entitled to receive any further payment until the 

Project is completed. 

In addition COUNTY may enter into an agreement for the completion of the Project 

according to the terms and provisions of the Contract Documents, or use such other 

methods as in CA's sole opinion shall be required for the completion of the Project 

according to the terms and provisions of the Contract Documents, or use such other 

methods as in CA's sole opinion shall be required for the completion of the Project in an 

acceptable manner. All damages, costs and charges incurred by COUNTY, together 

with the costs of completing the Project, shall be deducted from any monies due or 

which may become due to CONTRACTOR. In case the damages and expenses so 

incurred by COUNTY shall exceed the unpaid balance, then CONTRACTOR shall be 

liable and shall pay to COUNTY the amount of said excess. 

28.2 If after notice of termination of CONTRACTOR'S right to proceed, it is determined for any 

reason that CONTRACTOR was not in default, the rights and obligations of COUNTY 

and CONTRACTOR shall be the same as if the notice of termination had been issued 

pursuant to the Termination for Convenience clause as set forth in Section 28.3 below. 

28.3 This Agreement may be terminated for convenience in writing by the COUNTY upon ten 

(10) calendar days written notice to CONTRACTOR (delivered by certified mail, return receipt 

requested) of intent to terminate and the date on which such termination becomes 

effective. In such case, CONTRACTOR shall be paid for all work executed, including 

CM @ Risk Agreement R0787918R1 page 66 of 85

Exhibit 2 



Management Services and General Conditions, prior to termination. Payment shall 

include reasonable profit for work and services performed up to the date of the notice of 

termination. No payment shall be made for profit for work and services that have not 

been performed. 

28.4 Upon receipt of Notice of Termination pursuant to Sections 28.2 or 28.3 above, 

CONTRACTOR shall promptly discontinue all affected work unless the Notice of 

Termination directs otherwise and deliver or otherwise make available to COUNTY all 

data, drawings, specifications, reports, estimates, summaries and such other information 

as may have been required by the Contract Documents whether completed or in 

process. 

28.5 This Agreement may also be terminated by the Board: 

28.5.1 Upon the disqualification, by COUNTY’s Director of the Broward County Office of 

Economic and Small Business Development (OESBD), of CONTRACTOR as a 

County Business Enterprise (CBE) if CONTRACTOR’s status as CBE was a 

factor in the award of this Agreement and such status was misrepresented by 

CONTRACTOR; 

28.5.2 Upon the disqualification by COUNTY’s Director of OESBD of CONTRACTOR if 

CONTRACTOR obtained this Agreement or attempted to meet its CBE 

contractual obligations through fraud, misrepresentation, or material 

misstatement; 

28.5.3 Upon the disqualification by COUNTY’s Director of OESBD of one or more of 

CONTRACTOR’s CBE participants if any such participant’s status as a CBE was 

a factor in the award of this Agreement and such status was misrepresented by 

CONTRACTOR or such participant; 

28.5.4 Upon the disqualification by COUNTY’s Director of OESBD of one or more of 

CONTRACTOR’s CBE participants if such CBE participant attempted to meet its 

CBE contractual obligations through fraud, misrepresentation, or material 

misstatement; 

28.5.5 If CONTRACTOR is determined by COUNTY’s Director of OESBD to have been 

knowingly involved in any fraud, misrepresentation, or material misstatement 

concerning the CBE status of its disqualified CBE participant. If so determined, 

CONTRACTOR shall not be awarded CBE participation credit. 

ARTICLE 29 - CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE AGREEMENT 

If CPM fails to review and approve or state in writing reasons for rejection of any Application for 

Payment within twenty (20) calendar days after it is properly presented, or if COUNTY fails 

either to pay CONTRACTOR within thirty (30) calendar days after presentation by CPM of any 

sum certified by CPM, or to notify CONTRACTOR and CPM in writing of any objection to the 

Application for Payment, then CONTRACTOR may give written notice in accordance with Article 


Exhibit 2 



31of such delay, neglect or default, specifying the same. If CA or CPM (where applicable), 

within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, 

or default upon which the notice is based, then CONTRACTOR may stop work or terminate this 

Agreement and recover from COUNTY payment for all work executed and reasonable expenses 

sustained therein plus reasonable termination expenses. 

ARTICLE 30 - RESOLUTION OF DISPUTES 

30.1 Questions, claims, difficulties and disputes of whatever nature which may arise relative 

to the technical interpretation of the Contract Documents and fulfillment of this 

Agreement as to the character, quality, amount and value of any work done and 

materials furnished, or proposed to be done or furnished under or, by reason of, the 

Contract Documents which cannot be resolved by mutual agreement of PMO, CPM and 

CONTRACTOR shall be submitted to CA in writing for resolution. When either party has 

determined that a disputed question, claim, difficulty or dispute is at an impasse that 

party shall notify the other party in writing and submit the question, claim, difficulty or 

dispute to the CA for resolution. The parties may agree to a proposed resolution at any 

time without the involvement and determination of the Contract Administrator. 

30.2 CA shall notify PMO, CPM and CONTRACTOR in writing of CA’s decision within twentyone 

(21) calendar days from the date of the submission of the question, claim, difficulty 

or dispute, unless CA requires additional time to gather information or allow the parties 

to provide additional information. Contract Administrator’s estimates and decisions upon 

all questions, claims, difficulties and disputes shall be final and binding to the extent 

provided in Section 30.5. 

30.3 All non-technical administrative disputes (such as billing and payment and CBE reporting 

issues) shall be determined by the Contract Administrator. 

30.4 During the pendency of any dispute and after a determination thereof, CONTRACTOR, 

PMO, CPM, Consultant, and CA shall act in good faith to mitigate any potential damages 

including utilization of construction schedule changes and alternate means of 

construction. During the pendency of any dispute arising under this Agreement, other 

than termination herein, the CONTRACTOR shall proceed diligently with performance of 

this Agreement and the COUNTY shall continue to make payments for undisputed 

amounts in accordance with the Contract Documents. 

30.5 In the event the determination of a dispute by the CA under this Article is unacceptable 

to any of the parties hereto, the party objecting to the determination must notify the other 

party, the County Administrator or designee, in writing within ten (10) calendar days of 

receipt of the written determination. The notice must state the basis of the objection and 

the objecting party’s proposed resolution. If notice is given by CONTRACTOR, it must be 

accompanied by a statement that any Contract Price or Contract Time adjustment 

claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is 

entitled to as a result of the question, claim, difficulty or dispute. Resolution of such 

dispute shall be made by the County Administrator or designee. The County 


Exhibit 2 



Administrator’s decision shall be final and binding on the parties subject to judicial 

review. 

30.6 For any disputes which remain unresolved, within sixty (60) calendar days after Final 

Completion of the Work, the parties agree to the retention of all their legal rights and 

remedies provided under State law. If a party objecting to a determination, fails to 

comply in strict accordance with the requirements of this Article, said party specifically 

waives all of its rights provided hereunder, including its rights and remedies under State 

law. 

30.7 BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY 

EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY 

JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE 

PROJECT. CONTRACTOR, PURSUANT TO ARTICLE 11 OF THIS AGREEMENT, 

SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF 

THIS AGREEMENT. 

ARTICLE 31 - NOTICES 

All notices to be given hereunder shall be in writing, and may be given by depositing the same 

in the United States Mail addressed to the party to be notified, postpaid, return receipt 

requested or by delivering the same in person to such party with written receipt of 

acknowledgment of delivery by a person at the address(s) set forth below. Electronic, facsimile 

(FAX) or other telephonic transmission shall not be considered as written notice. All notices to 

be given to the parties hereto shall be sent to or made to the addresses shown below. The 

place for giving notice shall remain the same as set forth herein unless changed in the manner 

provided in this Article. 

For COUNTY: 

County Administrator 

Governmental Center, Room 409114 S. Andrews Avenue 


With copies to: 

Director of Aviation 



Contract Administrator 




Exhibit 2 



and to PMO: 

DMJM Aviation 

1170 Lee Wagener Blvd. 

Suite 207 


and to CPM: 

Name: TBD 

Address 

Address 

City, State Zip 

and to Consultant: 

Pierce Goodwin Alexander and Linville, Inc. and Zyscovich inc. (a Joint Venture) 

791 Park Of Commerce Boulevard 

Suite 400 

Boca Raton, Florida 33487 

For CONTRACTOR: 

William R. Derrer 

Managing General Partner 

Cummins-Balfour Beatty, A Joint Venture 

3575 NW 53 rd Street 

Ft. Lauderdale, Florida 33309 

954-733-4211 

ARTICLE 32 - EEO AND CBE PROVISIONS 

32.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS 

WITH DISABILITIES ACT 

CONTRACTOR shall not unlawfully discriminate on the basis of race, religion, age, 

color, sex, national origin, political affiliation, familial status, disability, pregnancy, sexual 

orientation, gender identity or expression, marital status or political affiliation in the 

performance of this Agreement, or in subcontracting work in the performance of 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. CONTRACTOR 

shall take affirmative action to ensure that applicants are employed, and that employees 

are treated during their employment without regard to their race, religion, color, sex or 

national origin, sexual orientation, marital status, political affiliation, or physical or mental 

disability. Such actions shall include, but not be limited to the following: employment, 


Exhibit 2 



upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or 

termination, rates of pay or other forms of compensation; and selection of training, 

including apprenticeship. CONTRACTOR agrees to post in conspicuous places available 

to employees and applicants for employment, notices setting forth the provisions of this 

non-discrimination clause. 

32.1.1 COUNTY shall also require that any contractor selected to perform work on a 

COUNTY project include the foregoing or similar language in its contracts with 

any Subcontractors, except that any project assisted by U.S. Department of 

Transportation funds shall comply with the non-discrimination requirements in 

49 C.F.R. Parts 23 and 26, as amended. Subcontractors, if any, will be made 

aware of and will comply with this nondiscrimination clause. Failure to comply 

with above requirements is a material breach of the Agreement, and may result 

in the termination of this Agreement or such other remedy as COUNTY deems 

appropriate. 

32.1.2 CONTRACTOR shall comply with Title I of the Americans with Disabilities Act 

regarding nondiscrimination on the basis of disability in employment and further 

shall not discriminate against any employee or applicant for employment 

because of race, age, religion, color, gender, sexual orientation, national origin, 

marital status, political affiliation, or physical or mental disability. In addition, 

CONTRACTOR shall take affirmative steps to ensure nondiscrimination in 

employment against disabled persons. Such actions shall include, but not be 

limited to, the following: employment, upgrading, demotion, transfer, 

recruitment or recruitment advertising, layoff, termination, rates of pay, other 

forms of compensation, terms and conditions of employment, training (including 

apprenticeship), and accessibility. 

32.1.3 By execution of this Agreement, CONTRACTOR represents that it has not 

been placed on the discriminatory vendor list (as provided in Section 287.134, 

Florida Statutes). 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 CONTRACTOR 

all monies paid by COUNTY pursuant to this Agreement, and may result in 

debarment from COUNTY’s competitive procurement activities. 

32.2 COUNTY BUSINESS ENTERPRISE (CBE) COMPLIANCE 

32.2.1 In completing this Project, CONTRACTOR agrees to and shall comply with 

County Business Act of 2009 (Broward County Ordinance No. 2009-40, as 

may be amended from time to time), hereinafter referred to as the “Act,” which 

provides for the establishment and implementation of CBE participation goals, 

initiatives, and other opportunities for COUNTY contracts. 

Failure by CONTRACTOR to carry out any of the CBE Program requirements 

shall constitute a material breach of this Agreement, which shall permit COUNTY 

to terminate this Agreement or to exercise any other remedy available under this 

Agreement, under the Broward County Administrative Code, under the Broward 


Exhibit 2 



County Code of Ordinances, or under applicable law, all of which remedies being 

cumulative. 

CONTRACTOR acknowledges that the Broward County Board of County 

Commissioners, acting by and through the Director of the Broward County Office 

of Economic and Small Business Development (OESBD), may make minor 

administrative modifications to the CBE Program which shall become applicable 

to this Agreement if the administrative modifications are not unreasonable. 

Written notice of any such modification shall be provided to CONTRACTOR and 

shall include a deadline for CONTRACTOR to notify COUNTY if CONTRACTOR 

concludes that the modification exceeds the authority of this section of this 

Agreement. Failure of CONTRACTOR to timely notify COUNTY of its conclusion 

that the modification exceeds such authority shall be deemed acceptance of the 

modification by CONTRACTOR. 

The COUNTY shall review each proposed modification to this Agreement that, by 

itself or aggregated with previous modifications, increase the contract value of 

this Agreement by ten percent (10%) of the initial contract value, or Fifty 

Thousand Dollars ($50,000) whichever is less, for opportunities to include or 

increase the participation of CBE firms, already involved on this Agreement. 

32.2.2 COUNTY and CONTRACTOR agree that prime and subcontract awards to CBE 

firms are crucial to the achievement of COUNTY's CBE participation goals. In an 

effort to assist COUNTY in achieving its established goals for this Project, 

CONTRACTOR agrees to meet the current CBE participation goals established 

by COUNTY. 

32.2.2.1 This Contract has the following CBE participation goals: 

Total CBE Goal 28% 

32.2.2.2 CONTRACTOR may not terminate for convenience a certified CBE 

listed as a Subcontractor in the CONTRACTORS bid or offer without 

the County's prior written consent, which consent shall not be 

unreasonably withheld. CONTRACTOR shall inform COUNTY 

immediately when a CBE firm is not able to perform or if 

CONTRACTOR believes the CBE firm should be replaced for any other 

reason, so that the OESBD may review and verify the good faith efforts 

of CONTRACTOR to substitute the CBE firm with another CBE firm. 

Whenever a certified CBE Subcontractor is terminated for any reason, 

including for cause, CONTRACTOR shall make good faith efforts to find 

another certified CBE firm to perform the work required of the original 

CBE firm. 

32.2.3 CONTRACTOR understands that each CBE firm utilized on the Project to meet 

the participation goals must be certified by the OESBD. CONTRACTOR agrees to 

enter into contracts with CBE Subcontractors which are listed on the Schedule of 

CBE Participation, Form 8, upon execution of the GMP Addendum and to provide 

copies of its contracts with such persons to the CA and the Broward County 

OESBD. CONTRACTOR may not deviate from the CBEs approved by the 


Exhibit 2 



OESBD without the prior approval of the OESBD (or designee). 

32.2.4 CONTRACTOR understands that it is the responsibility of the CA and the Broward 

County OESBD to monitor compliance with the CBE requirements. In that regard, 

CONTRACTOR agrees to furnish monthly reports in the form attached as Form 6, 

CBE Monthly Utilization Report, to both the CA and the OESBD on the progress 

of CBE participation commencing with the first payment application. All reports 

shall include the name and business address of each CBE firm solicited by 

CONTRACTOR to work as a Subcontractor in this Agreement and the responses 

received by CONTRACTOR to such solicitation; the name and business address 

of each CBE firm actually involved in this Agreement, a description of the work 

performed or product or service supplied by the CBE firms; the date and amount 

of each expenditure; the CBE status of any contractor performing any portion of 

this Agreement; and any other information requested by COUNTY which may 

assist COUNTY in determining the CONTRACTOR’s compliance with its 

contractual obligations, or may assist in the implementation and enforcement of 

the Act. The submission of the report required by this subparagraph shall be a 

condition of payment to CONTRACTOR. 

32.2.5 In the event of CONTRACTOR’s noncompliance with its participation commitment 

to a CBE firm (including without limitation the unexcused reduction of CBE 

participation), the affected CBE firm shall have the right to exercise the following 

remedies if the noncompliance is or was due to no fault of the CBE firm, and due 

to the willful action or omission of CONTRACTOR: 

32.2.5.1 The affected CBE firm shall be entitled to damages pursuant to its 

agreement with CONTRACTOR 

32.2.5.2 If a Subcontractor or other similarly-situated person institutes an 

arbitration proceeding claiming non-compliance with the Act by 

CONTRACTOR, then only in such event shall the remedies include an 

undertaking by CONTRACTOR to submit any dispute concerning such 

damages to binding arbitration by an independent arbitrator. However, 

binding arbitration shall not be available as to any dispute between 

CONTRACTOR and COUNTY; nor shall COUNTY incur any cost, fee, 

or liability relative to any arbitration proceedings. An arbitrator may 

award reasonable attorney's fees and costs against a non-prevailing 

party. 

32.2.5.3 Nothing under this subsection 32.2.5 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. 

32.2.6 CONTRACTOR agrees that nonpayment of a CBE Subcontractor, as required by 

Section 32.3.2 below, shall be a material breach of this Agreement and that 

COUNTY’s CA may, at its option, increase allowable retainage or withhold 

progress payments unless and until CONTRACTOR demonstrates timely 

payments of sums due to such Subcontractors. CONTRACTOR agrees that the 

presence of a "pay when paid" provision in a subcontract shall not preclude 


Exhibit 2 



COUNTY or its representatives from inquiring into allegations of nonpayment. The 

foregoing remedies under this subsection 32.2.6 shall not be employed when 

CONTRACTOR demonstrates that failure to pay results from a bona fide dispute 

with its Subcontractor. 

32.2.7 COUNTY shall have access without limitation to CONTRACTOR’s books and 

records including payroll records, tax returns and records, and books of account, 

on five (5) business day's notice, to allow COUNTY to determine 

CONTRACTOR’s compliance with its commitment to CBE participation and the 

status of any CBE firm performing any portion of this Agreement. On-site reviews 

to monitor the CONTRACTOR’s progress in achieving and maintaining CBE 

obligations will be carried out by the CA in conjunction with OESBD (or designee). 

32.2.8 If CONTRACTOR fails to comply with the requirements of this Agreement or the 

requirements of the County Business Enterprise Act of 2009, COUNTY shall have 

the right to exercise any administrative remedies provided by the Business 

Opportunity Act of 2004, or any other right or remedy provided in this Agreement 

or under applicable law, with all such rights and remedies being cumulative. 

32.3 CONTRACTOR Payment to Subcontractor 

32.3.1 CONTRACTOR shall pay its Subcontractors and suppliers within seven (7) 

calendar days following receipt of payment from the COUNTY for such 

subcontracted work or supplies. CONTRACTOR agrees that if it withholds an 

amount as retainage from its Subcontractors or suppliers, that it will release such 

retainage and pay same within seven (7) calendar days following receipt of 

payment of retained amounts from COUNTY, or within seven (7) calendar days 

after the Subcontractor has satisfactorily completed its work, for which the 

COUNTY has accepted through approval of CONTRACTOR’s application for 

payment. 

32.3.2 CONTRACTOR agrees that nonpayment of a Subcontractor or supplier as 

required above, shall be a material breach of this Agreement and that COUNTY 

may, at its option, increase allowable retainage or withhold progress payments 

unless and until CONTRACTOR demonstrates timely payments of sums due to 

such Subcontractors or suppliers. CONTRACTOR agrees that the presence of a 

“pay when paid” provision in a subcontract shall not preclude COUNTY’s inquiry 

into allegations of nonpayment. The foregoing remedies shall not be employed 

when CONTRACTOR demonstrates that failure to pay results from a bona fide 

dispute with its Subcontractor or supplier. 

32.4 CONTRACT COMPLIANCE MONITORING 

32.4.1 CONTRACTOR agrees to submit monthly the CBE Utilization Report to OESBD, 

with copy to the PMO, containing a record of payments made to its CBE 

subcontractors during the current reporting period. 

32.4.2 CONTRACTOR agrees to submit the Final CBE Participation Report containing 

the total amount paid to its CBE subcontractors. This report must be submitted 


Exhibit 2 



with the CONTRACTOR’s request for final payment and release of retainage, if 

applicable. 

32.4.3 CONTRACTOR shall certify to the COUNTY the amounts paid to each CBE 

involved in the project as either a joint venture partner or pursuant to a 

subcontract with the CBE businesses. All such certifications shall be signed by 

both the CONTRACTOR and CBEs. 

32.4.4 CONTRACTOR agrees that failure to provide appropriate certification as to the 

payment of CBEs and participants in the Agreement and provide certification in a 

form acceptable to the COUNTY that CBE business participation requirements of 

the Agreement have been met, notwithstanding any other provisions of this 

Agreement, shall be cause for the COUNTY to withhold further payments under 

the Agreement until such time as such certification is received and accepted by 

the COUNTY, and shall not entitle the CONTRACTOR to terminate the 

Agreement, to cease work to be performed, or to be entitled to any damages or 

extensions of time, whatsoever, due to such withholding of payment or delay in 

work associated thereto. 

32.4.5 CONTRACTOR agrees that it cannot terminate a CBE subcontractor for 

convenience and then perform the work with its own forces or its affiliate. If a 

situation arises that a CBE subcontractor needs to be replaced or removed from 

the team, CONTRACTOR must submit a written request to OESBD with detailed 

explanation or justification for the submission of such request. 

If the request is due to a voluntary cessation of the CBE firm from the team, 

documentation supporting the voluntary cessation must accompany the request. 

Requests for substitution or termination of CBE subcontractors will only be 

approved on a case-by-case basis, provided that reasons cited are properly 

justified. When a CBE subcontractor is terminated, or fails to complete its work, 

CONTRACTOR must make good faith efforts to retain another CBE 

subcontractor to substitute for the original CBE. 

32.4.6 Compliance monitoring is conducted to determine if CONTRACTOR and 

Subcontractors are complying with the requirements of the CBE Program as set 

forth in the County Business Enterprise Act of 2009 (Broward County Ordinance 

No. 2009-40) Failure of the CONTRACTOR to comply with this provision may 

result in the COUNTY imposing penalties or sanction. 

32.4.7 Contract compliance will encompass monitoring for contract dollar achievement 

and CBE CONTRACTOR utilization. The OESBD staff will have the authority to 

audit and monitor all contracts and contract-related documents related to 

Broward County projects. The requirements of the CBE Program are applicable 

to all CONTRACTOR’s, general contractors and Subcontractors. 

32.4.8 CONTRACTOR shall be responsible for ensuring proper documentation with 

regard to its utilization and payment of CBE Subcontractors. 


Exhibit 2 



32.5 Broward County Business Opportunity Act of 2004: The provisions of the Broward 

County Business Opportunity Act of 2004, Section 20-275, et. seq., Broward County 

Code of Ordinances (the “Act”), shall apply to the services performed pursuant to this 

Agreement. The CONTRACTOR hereby agrees to comply with all of the provisions set 

forth therein, which are contract provisions required by the Act. The contract provisions 

contained in Attachment III are hereby incorporated by reference. The provisions set 

forth in the Act shall be enforceable in accordance with all applicable provisions of this 

Agreement, and shall further be enforceable in accordance with the provisions set forth 

in the Act. 

ARTICLE 33 - HURRICANE AND DISASTER PREPAREDNESS 

33.1 PRE-HURRICANE AND DISASTER PROVISIONS 

33.1.1 During such periods of time as are designated by the BCAD Operations Division 

as being a hurricane warning or watch, the CONTRACTOR, at no cost to the 

COUNTY, except as specified in Section 33.1.3 below, shall take all prudent 

precautions necessary to secure the Project site in response to all threatened 

hurricane events, regardless of whether the COUNTY or CPM (CPM) has given 

notice of same. Division 1 Specifications contains additional CONTRACTOR’s 

responsibility under a hurricane watch. 

33.1.2 Suspension of the Work caused by a threatened or actual hurricane event, 

regardless of whether the COUNTY has directed such suspension, will entitle the 

CONTRACTOR to additional Contract Time as non-compensable, excusable 

delay, and shall not give rise to a claim for compensable delay. 

33.1.3 CONTRACTOR shall be reimbursed actual documented expenses for materials 

and labor incurred due to hurricane preparations that are outside of the normal 

daily General Conditions costs. Any such reimbursement shall be at the 

discretion of the Contract Administrator. Compliance with any specific hurricane 

warning or watch precautions will not constitute additional work. 

33.2 POST-HURRICANE AND DISASTER PROVISIONS 

33.2.1 The CA may issue, through CPM, Field Orders or other enabling documents to 

mobilize CONTRACTOR and its Subcontractors in the aftermath of a hurricane, 

natural disaster or other emergency for the purposes of damage assessment and 

providing temporary and permanent repairs to COUNTY facilities (or other 

facilities as may be assigned by COUNTY). CONTRACTOR shall mobilize upon 

mutual agreement of specific terms for this work. Division 1 Specifications 

contains additional CONTRACTOR’s responsibility post hurricane. 

33.2.1.1 In the immediate aftermath of a hurricane, natural disaster or other 

emergency, the CONTRACTOR and CA shall establish 

communications to determine an assessment and recovery plan and 


Exhibit 2 



to establish a preliminary list of emergency recovery activities that the 

CONTRACTOR shall undertake. 

33.2.1.2 CONTRACTOR and CA shall utilize that preliminary list of emergency 

recovery activities to develop one or more Construction Change 

Directives for execution by the CA and CONTRACTOR. Upon mutual 

agreement, CA shall issue the executed Field Orders upon receipt of 

which, CONTRACTOR shall immediately undertake the emergency 

actions described therein. 

33.2.1.3 CONTRACTOR shall mobilize personnel, Subcontractors and 

equipment as necessary to complete the tasks required by a Field 

Order for hurricane or other disaster recovery. 

33.2.1.4 COUNTY shall issue Purchase Orders and other procurement 

documents as necessary to support of Construction Change 

Directives as issued by the Contract Administrator. 

33.2.1.5 Prior to being eligible for payment of expenses due to Hurricane, pre 

or post, procedures, CONTRACTOR shall maintain detailed records 

of the Work and provide full information required for evaluation and to 

substantiate costs and time adjustments as may be necessitated by 

these required changes in the Work. 

33.2.1.6 CONTRACTOR shall coordinate invoicing and payment procedures 

for emergency recovery work with the CA to ensure expeditious 

payment and segregation of such payments from those applicable to 

the non-emergency Work required by this Agreement. 

ARTICLE 34 - OTHER TERMS & CONDITIONS 

34.1 Third Party Beneficiaries: Neither CONTRACTOR nor COUNTY intend to directly or 

substantially benefit a third party by this Agreement. Therefore, the parties agree that 

there are no third party beneficiaries to this Agreement and that no third party shall be 

entitled to assert a claim against either of them based upon this Agreement. The parties 

expressly acknowledge that it is not their intent to create any rights or obligations in any 

third person or entity under this Agreement. 

34.2 Conflicts: Neither CONTRACTOR nor its employees shall have or hold any continuing 

or frequently recurring employment or contractual relationship that is substantially 

antagonistic or incompatible with CONTRACTOR’s loyal and conscientious exercise of 

judgment related to its performance under this Agreement. CONTRACTOR agrees that 

none of its employees shall, during the term of this Agreement, serve as an adverse or 

hostile 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 


Exhibit 2 



testimony or issue a report or writing, as an expression of his or her opinion, which is 

adverse or prejudicial to the interests of COUNTY in any such pending or threatened 

legal or administrative proceeding. The limitations of this Article shall not preclude such 

persons from representing themselves in any action or in any administrative or legal 

proceeding regarding this Agreement. CONTRACTOR agrees to prohibit its 

Subcontractors, by written contract, from having any conflicts as within the meaning of 

this Article. 

34.3 Joint Preparation: Preparation of this Agreement has been a joint effort of COUNTY and 

CONTRACTOR 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. 

34.4 False Claims: In accordance with the County’s False Claims Ordinance, Section 1-276 

et. Seq., Broward County Code of Ordinances, the CONTRACTOR must maintain, as a 

condition precedent to submitting a claim against the County, a final bid takeoff. The final 

bid takeoff, where applicable, shall contain a line item for allocation of overhead costs 

and must be prepared contemporaneously with the bid and in anticipation of the bid for 

the project. The bid takeoff shall be provided by CONTRACTOR to CA prior to the 

second or third Notice-to-Proceed being issued. “Claim” means any invoice, statement, 

request, demand, lawsuit, or action under contract or otherwise, for money, property, or 

services made to any employee, officer, or agent of the County, or to any contractor, 

grantee, or other recipient if any portion of the money, property, or services requested or 

demanded was issued from, or was provided by, the County. “Bid takeoff” means the 

final estimate, tabulation, or worksheet prepared by the CONTRACTOR in anticipation of 

the bid submitted, and which shall reflect the final price. IT IS EXPRESSLY AND 

SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS SHALL BE WAIVED AND 

FORFEITED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE 

REQUIREMENTS OF THIS ARTICLE AND THE FALSE CLAIMS ORDINANCE. 

34.5 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 workplace in accordance with Chapter 

21.31(a) of the COUNTY Procurement Code. Execution of this Agreement by 

CONTRACTOR shall also serve as CONTRACTOR’s required certification that it either 

has or that it will establish a drug-free workplace in accordance with Chapter 21.31(a) of 

the COUNTY Procurement Code. 

34.6 Assignment: The CONTRACTOR shall not assign or transfer this Agreement or 

subcontract it as a whole without the written consent of the COUNTY; nor shall the 

CONTRACTOR assign any monies due or to become due to it hereunder, without the 

previous written consent of the COUNTY. 

34.7 Waiver: No consent or waiver, express or implied, by either party to this Agreement to 

or of any breach or default by the other in the performance of any obligations hereunder 

shall be deemed or construed to be a consent or waiver to or of any other or future 

breach or default by such party hereunder, nor deemed to be a modification of this 

Agreement. Failure on the part of any party hereto to complain of any act or failure to 

act of the other party or to declare the other party in default hereunder, irrespective of 

how long such failure continues, shall not constitute a waiver of the rights of such party 

hereunder, provided however this section shall not alter or amend the notice provisions 


Exhibit 2 



set forth in the Construction Documents including but not limited to, in Article 6. 

Inspection by, payment by or tentative approval or acceptance by the COUNTY, or the 

failure of the COUNTY to perform any inspection hereunder shall not constitute a Final 

Completion of the Work or any part thereof and shall not release the CONTRACTOR 

from any of its obligations hereunder. 

34.8 Construction of Terms: Unless the context clearly intends to the contrary, words 

singular or plural in number shall be deemed to include the other and pronouns having 

masculine or feminine gender shall be deemed to include the other. The term “person” 

shall be deemed to include an individual, corporation, unincorporated organization, 

partnership, trust, government and governmental agency or subdivision, as the context 

shall require. 

34.9 Captions: The captions used for the Articles in this Agreement are inserted only as a 

matter of convenience and for reference and in no way define, limit or describe the 

scope of the intent of this Agreement or any Article herein. 

34.10 Entire Agreement; Severability; Amendments: These Contract Documents incorporate 

and include all prior negotiations, correspondence, conversations, agreements, and 

understandings applicable to the matters contained herein and the parties agree that 

there are no commitments, agreements or understandings concerning the subject matter 

of this Agreement that are not contained in the Contract Documents. Accordingly, the 

parties agree that no deviation from the terms herein shall be predicated upon any prior 

representations or agreements, whether oral or written. It is further agreed that no 

modification, amendment or alteration in the terms or conditions contained herein shall 

be effective unless contained in a written document in accordance with Article 7 above. 

In the event any provision of the Contract Documents shall be found by a court of 

competent jurisdiction to be invalid or otherwise unenforceable, the remainder of this 

Agreement shall not be affected thereby and each remaining provision, term, covenant 

or condition of the Contract Documents shall continue to be effective. 

34.11 Counterparts: This Agreement may be executed in one or more counterparts, each of 

which shall be deemed an original, but all of which together shall constitute one and the 

same instrument. 

34.12 Governing Law and Venue: This Agreement shall be interpreted and construed in 

accordance with and governed by the laws of the State of Florida. Any controversies or 

legal problems arising out of this Agreement and any action involving the enforcement or 

interpretation of any rights hereunder shall be submitted to the jurisdiction of the State 

courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, 

and shall be governed by the laws of the State of Florida. 

34.13 Truth in Negotiations: Signature of this Agreement by CONTRACTOR shall act as the 

execution of a truth-in-negotiation certificate stating that wage rates and other factual 

unit costs 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 

and other factual unit costs. All such contract adjustments shall be made within one (1) 


Exhibit 2 



year following the end of this Agreement. 

ARTICLE 35 – AIRPORT SECURITY 

35.1 CONTRACTOR shall be required to comply with all applicable written COUNTY Aviation 

Department policy statements and all applicable federal and state legal requirements, 

including without limitation, the following: 

35.1.1 CONTRACTOR agrees to observe all security requirements and other 

requirements of the Federal Aviation and Customs and Border Protection 

Regulations applicable to CONTRACTOR, including without limitation, 49 C.F.R. 

Part 1542 and 14 C.F.R. Part 139. The CONTRACTOR agrees to comply with 

the Airport Security Program and the Air Operations Area (AOA) Vehicle Access 

Program, and amendments thereto, as approved by the Transportation Security 

Administration, and with such other rules and regulations as may be reasonably 

prescribed by the COUNTY or the PMO, and to take such steps as may be 

necessary or directed by the COUNTY or the PMO to insure that any and all 

subconsultants, Subcontractors, agents, employees, invitees and guests observe 

such requirements. 

35.1.2 If as a result of the acts or omissions of CONTRACTOR, its Subcontractors, 

agents, employees, invitees or guests, the COUNTY incurs any fines or penalties 

imposed by the Transportation Security Administration or the Federal Aviation 

Administration or any expense in enforcing the regulations of the Transportation 

Security Administration or the Federal Aviation Administration, including without 

limitation, 49 C.F.R. Part 1542 and 14 C.F.R. Part 139 or any expense in 

enforcing the Airport Security Program or any expense in enforcing the rules and 

regulations of the COUNTY, then CONTRACTOR agrees to pay and reimburse 

to COUNTY all such costs and expenses, including all costs of administrative 

proceedings, court costs, and attorneys fees and all costs incurred by COUNTY 

in enforcing this provision. Said costs shall not constitute Cost of the Work. 

CONTRACTOR further agrees to rectify any security deficiency caused by 

CONTRACTOR, its Subconsultants, Subcontractors, agents, employees, invitees 

or guests, or other deficiency as may be determined as such by the COUNTY or 

the Federal Aviation Administration. In the event CONTRACTOR fails to remedy 

any such deficiency, the COUNTY may do so at the cost and expense of 

CONTRACTOR. The COUNTY reserves the right to take whatever action is 

necessary to rectify any such security deficiency or other deficiency. The 

provisions hereof shall survive the expiration or any other termination of this 

Agreement. CONTRACTOR shall include this provision in any contracts with any 

subconsultants, contractors or Subcontractors. 

35.1.3 Access to Security Identification Display Areas and Identification Badges (SIDA 

Badges): The CONTRACTOR shall be responsible for requesting the Aviation 

Department to issue identification badges to all employees who are authorized 

and need access to the Security Identification Display Area (SIDA) on the Airport, 

as designated in the Airport Security Program in order to fulfill contractual 


Exhibit 2 



obligations under this Agreement. Refer to Exhibit 9, for additional comments. In 

addition, CONTRACTOR shall be responsible for the immediate reporting of all 

lost or stolen SIDA badges and the immediate return of the SIDA badges of 

CONTRACTOR’s personnel transferred from the Airport or terminated from the 

employ of the CONTRACTOR, or upon termination of this Agreement. Before a 

SIDA badge is issued to an employee, CONTRACTOR shall comply with the 

requirements of 49 C.F.R. Part 1542 with regard to employment history, 

verification and criminal background checks, and shall require that each 

employee complete the SIDA training program conducted by the Aviation 

Department. The CONTRACTOR shall pay or cause to be paid to the Aviation 

Department such charges as may be established from time to time for lost or 

stolen SIDA badges and those not returned to the Aviation Department in 

accordance with this Article. The Aviation Department shall have the right to 

require the CONTRACTOR to conduct background investigations and to furnish 

certain data on such employees before the issuance of SIDA badges, which data 

may include the fingerprinting of employee applicants for such badges. 

35.1.4 Operation of Vehicles on the AOA: Before the CONTRACTOR shall permit any 

employee to operate a motor vehicle or motor driven equipment of any kind or 

type on the AOA (and unless escorted by an Aviation Department-approved 

escort), the CONTRACTOR shall ensure that all such vehicle or equipment 

operators possess current, valid and appropriate licenses. In addition, any motor 

vehicles and equipment of CONTRACTOR operating on the AOA must have an 

appropriate vehicle identification permit issued by the Aviation Department, which 

identification must be displayed as required by the Aviation Department. 

35.1.5 Consent to Search/Inspection: The CONTRACTOR agrees that its vehicles, 

cargo, goods and other personal property are subject to being inspected and 

searched when attempting to enter or leave and while on the AOA. 

CONTRACTOR further agrees that it shall not authorize any employee or other 

person to enter the AOA unless and until such employee or other person has 

executed a written consent-to-search/inspection form acceptable to the Aviation 

Department. CONTRACTOR acknowledges and understands that the foregoing 

requirements are for the protection of users of the airport and are intended to 

reduce incidents of cargo tampering, aircraft sabotage, thefts and other unlawful 

activities at the Airport. For this reason, CONTRACTOR agrees that persons not 

executing such consent-to-search/inspection form shall not be employed by the 

CONTRACTOR at the Airport in any position requiring access to the AOA or 

allowed entry to the AOA by the CONTRACTOR. 

35.2 The COUNTY shall have the right, but not the duty, to conduct such audits of the 

CONTRACTOR’s employment records as it deems desirable to investigate the 

CONTRACTOR’s compliance with this Article 35. The COUNTY may terminate this 

Agreement for default if it finds any evidence which indicates that the CONTRACTOR 

has not complied with the obligations imposed by this Article. 


Exhibit 2 



AGREEMENT between BROWARD COUNTY and Cummings-Balfour Beatty, A Joint Venture 

for CONSTRUCTION MANAGER AT RISK Services for T 4 Gate Replacement-Western 

Expansion at Fort Lauderdale-Hollywood International Airport IN BROWARD COUNTY, 

FLORIDA (RL! #R0787918R1) 

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on (he 

respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY 

COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute 

same by Board action on the , day of , 2010 and the CONTRACTOR, 

Cummings-Balfour Beatty, A Joint Venture, signing by and through the presidents of the 

companies comprising the joint venture duly authorized to execute same. 

COUNTY 

ATTEST: BROWARD COUNTY, through its 

BOARD OF COUNTY COMMISSIONERS 

County Administrator and 

the ExOfficio Clerk of the 

Board of County Commissioners 

By 

Mayor 

day of 2010 

Approved as to surety company 

qualifications, insurance 

requirements and insurance 

documentation: 

Approved as to form by Office of County Attorney 


JEFFREY J. NEWTON. County Attorney 

Governmental Center, Room 423 

115 S. Andrews Avenue 


Telephone: {954} 357-7600 

Facsimile: (954) 357-7641 

By_ 

L 

Cindsey A. Payne 

Assistant County Attorney 


■ 

Exhibit 2 



AGREEMENT between BROWARD COUNTY and Cummings-Balfour Beatty, A Joint Venture 

for CONSTRUCTION MANAGER AT RISK Services For T-4 Gate Replacement-Western 

Expansion at FLL IN BROWARD COUNTY, FLORIDA (RLI #R0787918R1) 

CONTRACTOR 

Cummings-Balfour Beatty, 

A Joint Venture 

.•'■ ■■- . ; 

. SATTEST: 

James A. 

ii 

(Secretary) 

---/' 

-,v-/ 

(Corporate seal) 

in 

Witness: 

• 

r 

Signature & title) 

William R. Derrer, CEO and President 

(Typed name & title, as signed above) 

day of A 2010. 

Signature'of'Witness 

/3/LL. P. 

Printedflf,|fy,ped 

Name of Witness 

Balfour Beatty Construction, LLC 

4 

(Corporate13 

Witness: 

(Signature's, title) 

Raymond C. Southern. Division CEO and President 

(Typed name & title, as signed above) 

/Cr'" day of /jcJdhu'Rf 2010. 

Signature of"Witness 

Printed or Typed Name of Witness 

CM @ Risk Agreement R07B7918R1 Page 83 of 85

Exhibit 2 



List of Exhibits and Forms 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Exhibit 5 

Exhibit 6 

Exhibit 7 

Exhibit 8 

Exhibit 9 

Exhibit 10 

Exhibit 11 

Exhibit 12 

Exhibit 13 

Exhibit 14: 

Exhibit 15: 

Form 1 

Form 2 

Form 3 

Form 4 

Form 5 

Form 6 

Form 7 

Form 8 

Form 9 

CONTRACTOR’s Direct Construction Cost 



Prevailing Wage Rate Determination 

List of Pricing Documents 

OCIP Insurance Manual 

OCIP Safety and Loss Prevention Manual 

Division 1 Specifications 

Security – Badging Requirements & Ramp Driving Privileges 

Key Employees 

Core Staff 

Schedule of Subcontractors and Vendors 

CONTRACTOR’s Early General Conditions 

Preconstruction General Conditions 

Contractor’s Preconstruction Management Services 

Statement of Compliance – Prevailing Wage Rate Ordinance 

Certification of Substantial Completion 

Form of Final Receipt 

Form of Performance Bond 

Form of Payment Bond 

CBE Monthly Utilization Report 

CBE Letters of Intent 

Schedule of CBE Participation 

Final CBE Utilization Report 


Exhibit 2 



Form 10 

Form 11 

Form 12 

CBE Unavailability Report 

Weekly Time Sheet 

Certification of Payments to Subcontractors & Vendors 

(Remainder of this page intentionally left blank) 



Exhibit 2 


Exhibit 1 

CONTRACTOR’s Direct Construction Cost 

Project Name: Terminal 4 Gate Replacement - Western Expansion 

Project Number: 3300 

# DESCRIPTION 

SCHEDULED 

VALUE 

1 $ TBD 

2 $ 

3 $ 

4 $ 

5 $ 

6 $ 

7 $ 

8 $ 

9 $ 

10 $ 

11 $ 

12 $ 

13 $ 

14 $ 

15 $ 

16 $ 

17 $ 

18 $ 

19 $ 

20 $ 

21 $ 

22 $ 

23 $ 

24 $ 

25 $ 

26 $ 

27 $ 

28 $ 

29 $ 

30 $ 

31 $ 

32 $ 

33 $ 

34 $ 

35 $ 

TOTAL DIRECT COST $ 



Exhibit 2 


Exhibit 2 




# DESCRIPTION 

SCHEDULED 

VALUE 

1 $ TBD 

2 $ 

3 $ 

4 $ 

5 $ 

6 $ 

7 $ 

8 $ 

9 $ 

10 $ 

11 $ 

12 $ 

13 $ 

14 $ 

15 $ 

16 $ 

17 $ 

18 $ 

19 $ 

20 $ 

21 $ 

22 $ 

23 $ 

24 $ 

25 $ 

26 $ 

27 $ 

28 $ 

29 $ 

30 $ 

31 $ 

32 $ 

33 $ 

. SUB TOTAL GENERAL CONDITIONS $ 

34 Insurance Bond $ 

GENERAL CONDITIONS TOTAL $ 



Exhibit 2 


Exhibit 3 




# DESCRIPTION 

SCHEDULED 

VALUE 

1 $ TBD 

2 $ 

3 $ 

4 $ 

5 $ 

6 $ 

7 $ 

8 $ 

9 $ 

10 $ 

11 $ 

12 $ 

13 $ 

14 $ 

15 $ 

16 $ 

17 $ 

18 $ 

19 $ 

20 $ 

21 $ 

22 $ 

23 $ 

24 $ 

25 $ 

26 $ 

27 $ 

28 $ 

29 $ 

30 $ 

31 $ 

32 $ 

33 $ 

34 $ 

35 $ 

NEGOTIATED AMOUNT $ 



Exhibit 2 


Exhibit 4 

Prevailing Wage Determination 



General Decision Number: FL100108 07/02/2010 FL108 

Superseded General Decision Number: FL20080108 

State: Florida 

Construction Type: Building 

County: Broward County in Florida. 

BUILDING CONSTRUCTION PROJECTS (does not include single family 

homes or apartments up to and including 4 stories). 

Modification Number Publication Date 

0 03/12/2010 

1 03/19/2010 

2 03/26/2010 

3 04/23/2010 

4 07/02/2010 

CARP0079-001 04/01/2009 

Rates 

Fringes 

CARPENTER (Form Work Only) $ 22.20 6.67 

---------------------------------------------------------------- 

ELEC0728-002 08/31/2009 

Rates 

Fringes 

ELECTRICIAN $ 28.46 

12.5%+5.00 

---------------------------------------------------------------- 

ELEV0071-001 01/01/2010 

Rates 

Fringes 

ELEVATOR MECHANIC $ 36.44 20.235 

FOOTNOTE: 

A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly 

rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: 

New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the 

Friday after Thanksgiving. 



Exhibit 2 


---------------------------------------------------------------- 

ENGI0487-005 01/01/2010 

Rates 

Fringes 

OPERATOR: Backhoe $ 27.57 8.78 

OPERATOR: Concrete Pump 

With Boom Attachments When 

Manned With One Operator $ 28.30 8.78 

With Boom Attachments With 

Two Operators $ 25.05 8.78 

OPERATOR: Crane 

All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static-Mount; All Cranes 

with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; 

Cranes 150 

Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for 

work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons 

(Without Oiler/Apprentice); Hydro/Friction Cranes without Oiler/Apprentices when Approved by 

Union; & All Type of Flying Cranes; Boom Truck $ 28.30 8.78 

Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & 

Under, & Over 50 Tons (With Oiler/Apprentice); Boom Truck 

$ 27.57 8.78 

OPERATOR: Loader $ 24.89 8.78 

OPERATOR: Mechanic $ 27.57 8.78 

OPERATOR: Oiler $ 22.24 8.78 

---------------------------------------------------------------- 

IRON0272-003 10/01/2006 

Rates 

Fringes 

IRONWORKER, ORNAMENTAL, 

REINFORCING AND STRUCTURAL $ 26.70 6.43 

---------------------------------------------------------------- 

PAIN0365-001 01/01/2010 

Rates 

Fringes 

PAINTER: Brush, Steel and Spray (Excluding Drywall 

Finishing/Taper) $ 19.50 6.90 

---------------------------------------------------------------- 

PLUM0719-001 03/01/2010 

Rates 

Fringes 

PLUMBER (Excluding HVAC Pipe Installation) $ 28.50 9.10 

FOOTNOTE: 

A- 6 paid holidays New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and 

Christmas Day providing the employee works the scheduled work day preceding and after the 

holiday. 

---------------------------------------------------------------- 



Exhibit 2 


SFFL0821-001 01/01/2010 

Rates 

Fringes 

SPRINKLER FITTER (Fire Sprinklers) $ 26.80 14.30 

---------------------------------------------------------------- 

SHEE0032-009 01/01/2009 

Rates 

Fringes 

SHEETMETAL WORKER (Including HVAC Duct 

Installation) $ 24.42 11.36 

---------------------------------------------------------------- 

SUFL2009-005 05/22/2009 

Rates 

Fringes 

BRICKLAYER $ 18.93 0.00 

CARPENTER, Including Acoustical Ceiling, Drywall Hanging and Cabinet Installation (Excluding 

Formwork) $ 16.84 1.37 

CEMENT MASON/CONCRETE FINISHER $ 14.00 0.00 

ELECTRICAL INSTALLER (HVAC & Temperature Control 

Technician) $ 20.41 4.64 

FENCE ERECTOR $ 10.00 0.00 

FLOOR LAYER: Carpet (Soft) Floor $ 19.00 2.10 

GLAZIER $ 17.00 0.00 

HVAC MECHANIC (HVAC Pipe Installation Only) $ 20.34 2.89 

HVAC MECHANIC (HVAC System Installation Only) $ 17.91 2.64 

INSTALLER - OVERHEAD DOOR $ 13.50 0.00 

LABORER: Asphalt Raker $ 10.40 0.00 

LABORER: Asphalt Shoveler $ 7.88 0.00 

LABORER: Common or General $ 12.36 2.42 

LABORER: Concrete Saw $ 12.63 0.00 

LABORER: Mason Tender – Brick $ 10.75 0.00 

LABORER: Mason Tender - Cement/Concrete $ 12.83 1.90 



Exhibit 2 


LABORER: Pipelayer $ 14.30 1.24 

LABORER: Roof Tearoff $ 8.44 0.00 

LABORER: Landscape and Irrigation $ 11.96 0.63 

MECHANICAL INSULATOR, Including Duct and Pipe $ 14.25 2.16 

OPERATOR: Asphalt Spreader $ 11.41 0.00 

OPERATOR: Bulldozer $ 16.21 0.00 

OPERATOR: Distributor $ 12.37 0.00 

OPERATOR: Excavator $ 11.00 0.00 

OPERATOR: Forklift $ 14.00 0.00 

OPERATOR: Grader/Blade $ 13.73 0.00 

OPERATOR: Paver $ 12.75 0.00 

OPERATOR: Roller $ 10.94 0.00 

OPERATOR: Screed $ 13.05 0.00 

OPERATOR: Tractor $ 9.91 0.00 

OPERATOR: Trencher $ 11.75 0.00 

PAINTER: Roller and Drywall Finishing/Taper $ 13.25 3.45 

PIPEFITTER (Excluding HVAC Pipe Installation) $ 17.85 2.54 

PLASTERER $ 18.25 0.00 

ROOFER (Metal Roofs Only) $ 22.49 0.00 

ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate 

& Tile (Excluding Metal Roof) $ 13.59 0.00 

TILE SETTER $ 14.45 0.00 

TRUCK DRIVER: 3 Axle Truck $ 10.50 0.80 

TRUCK DRIVER: Dump Truck $ 10.00 0.00 

TRUCK DRIVER: Lowboy Truck $ 13.78 0.00 

---------------------------------------------------------------- 



Exhibit 2 


WELDERS - Receive rate prescribed for craft performing operation to which welding is 

incidental. 

======================================================== 

Unlisted classifications needed for work not included within the scope of the classifications listed 

may be added after award only as provided in the labor standards contract clauses (29 CFR 

5.5(a)(1)(ii)). 

---------------------------------------------------------------- 

In the listing above, the "SU" designation means that rates listed under the identifier do not 

reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions 

whose rates have been determined to be prevailing. 



Exhibit 2 


Exhibit 5 

List of Pricing Documents 



The following is an enumeration of the drawings and specifications that form the basis of the 

GMP: 

TBD except as noted below 

SPECIFICATION INDEX 

Division 1 – General Requirements 

See Attached Exhibit 8 

Division 2 – Sitework 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 3 – Concrete 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 4 – Masonry 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 5 – Metals 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Division 6 – Wood and Plastics 

Section XXXXX Section Title 



Division 7 – Thermal and Moisture Protection 




Division 8 – Windows and Doors 






Exhibit 2 


Division 9 – Finishes 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 10 – Specialties 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 11 – Equipment 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 12 – Furnishings 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Division 13 – Special Construction 




Division 14 – Conveyances 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 15 – Mechanical 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Division 16 – Electrical 

Section XXXXX 

Section XXXXX 

Section XXXXX 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 

Section Title 



Exhibit 2 


Drawing 

Number 

Drawing Title 

GENERAL 

G-001 Cover Sheet and Drawing Index 

G-002 Survey 

G-003 Life-Safety Plan 

CIVIL 

C-1 Civil Sheet Title 



LANDSCAPE 

L-1 Landscape Sheet Title 

L-2 Landscape Sheet Title 

IR-1 Irrigation Sheet Title 

IR-2 Irrigation Sheet Title 

ARCHITECTURAL 

A-1 Architectural Sheet Title 



INTERIOR DESIGN 

ID-1 Interior Design Sheet Title 



STRUCTURAL 

S-1 Structural Sheet Title 



MECHANICAL 

M-1 Mechanical Sheet Title 





Exhibit 2 


Drawing 

Number 

Drawing Title 

ELECTRICAL 

E-1 Electrical Sheet Title 



PLUMBING 

P-1 Plumbing Sheet Title 



FIRE PROTECTION 

FP-1 Fire Protection Sheet Title 




Exhibit 2 


Owner Controlled 

Insurance Program (OCIP) 

BROWARD COUNTY BOARD OF COUNTY 

COMMISSIONERS 

OCIP Insurance Manual 


Owner Controlled Insurance Program 

OCIP Manual – 07/01/2010 

Rev. 0002

Exhibit 2 

Page 100 of 379 

OWNER CONTROLLED INSURANCE PROGRAM 

Insurance Manual 

Risk Management Division 

115 S. Andrews Avenue 

Ft. Lauderdale, Florida 33301 

Tel: 954-357-7210 * Fax: 954-357-5456 




Rev. 0002

Exhibit 2 

Page 101 of 379 


Table of Contents 

OVERVIEW ................................................................................................................................................ 1 

OCIP DEFINITIONS 

.................................................................................................................................... 2 

ABOUT THIS MANUAL ................................................................................................................................. 4 

WHAT THIS MANUAL DOES......................................................................................................................... 4 

WHAT THIS MANUAL DOES NOT DO........................................................................................................... 4 

OCIP PROGRAM DIRECTORY................................................................................................................. 5 

BROWARD COUNTY DIRECTORY........................................................................................................ 5 

OCIP ADMINISTRATION ........................................................................................................................ 6 

SAFETY COORDINATION.............................................................................................................................. 6 

OCIP INSURANCE COVERAGE............................................................................................................... 7 

EVIDENCE OF COVERAGE ........................................................................................................................... 7 

DESCRIPTION OF OCIP COVERAGES........................................................................................................... 7 

DESCRIPTION OF OTHER OWNER PROVIDED COVERAGES............................................................................ 9 

CONTRACTOR AND SUBCONTRACTOR MAINTAINED COVERAGE INCLUDING EXCLUDED 

PARTIES ................................................................................................................................................... 12 

CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITIES .......................................................... 17 

CONTRACTOR BIDS .................................................................................................................................. 18 

ADJUSTMENTS FOR OCIP INSURANCE COSTS ........................................................................................... 18 

CHANGE ORDER PROCEDURES................................................................................................................. 18 

NOTICE OF AWARD................................................................................................................................... 18 

ENROLLMENT........................................................................................................................................... 19 

ASSIGNMENT OF RETURN PREMIUMS ........................................................................................................ 19 

PAYROLL REPORTS.................................................................................................................................. 20 

INSURANCE COMPANY PAYROLL AUDIT ..................................................................................................... 20 

CLOSE-OUT AND AUDIT PROCEDURES ...................................................................................................... 21 

CLAIM REPORTING PROCEDURES ..................................................................................................... 22 

WORKERS’ COMPENSATION CLAIMS.......................................................................................................... 22 

LIABILITY CLAIMS ..................................................................................................................................... 23 

BUILDER’S RISK CLAIMS ........................................................................................................................... 24 

AUTOMOBILE CLAIMS ............................................................................................................................... 24 

POLLUTION CLAIMS .................................................................................................................................. 25 

AONWRAP WEB INSTRUCTION ........................................................................................................... 26 

OBTAIN A USER ID & PASSWORD.............................................................................................................. 26 

HOW TO ENROLL ON THE WEB (AON FORM-3) .......................................................................................... 27 

HOW TO REPORT PAYROLL (AON FORM-4)................................................................................................ 28 

HOW TO SUBMIT A NOTICE OF WORK COMPLETION (AON FORM-5)............................................................. 29 

FORMS..................................................................................................................................................... 31 

ENROLLMENT APPLICATION FORM 3.......................................................................................................... 32 

MONTHLY ON-SITE(S) PAYROLL REPORT FORM 4...................................................................................... 35 

NOTICE OF WORK COMPLETION FORM 5 ................................................................................................... 37 

NOTICE OF AWARD................................................................................................................................... 39 

EXHIBIT 1 – SAMPLE CERTIFICATE OF INSURANCE FOR ENROLLED CONTRACTORS ...................................... 40 

EXHIBIT 2 –SAMPLE CERTIFICATE OF INSURANCE FOR EXCLUDED CONTRACTORS ................................... 41 

EXHIBIT 3 – FIRST REPORT OF INJURY OR ILLNESS .................................................................................... 42 



OCIP Manual – 07/01//2010 

Rev. 0002

Exhibit 2 

Page 102 of 379 

OVERVIEW 

Section 

1 

Overview 

Welcome to the Broward County Owner Controlled Insurance Program (OCIP) 

The Risk Management Department, Broward County, Florida (Owner) has arranged for several 

airport, seaport, water & wastewater, and other departmental construction projects to be insured 

under an Owner Controlled Insurance Program (OCIP). An OCIP is a single insurance program 

that insures the Owner, enrolled Contractors and Subcontractors and other designated parties for 

Work performed at the Project Site(s). Certain Contractors are excluded from this Program. 

These parties are identified in Section 3 of this Manual. 

An OCIP is a coordinated insurance program providing certain insurance coverages as generally 

described in this Manual for Work at the Project Site(s). Coverage under the OCIP includes 

Workers’ Compensation, General Liability, and Excess Liability. The Owner is also providing 

Builder’s Risk and Contractor’s Pollution Liability. 

The Owner will pay the insurance premiums for the coverages described in this Manual. You 

should notify your insurance broker/insurer(s) of the coverages provided under this Program for 

On-Site(s) activities to avoid duplication of coverage. Each bidder is required to bid net of (i.e. 

to exclude) all insurance costs for all insurance coverages provided by the Owner. 

Excluded insurance costs are defined as insurance premiums, related taxes and assessments, 

overhead and markup on the insurance premiums, and losses retained through the use of a selffunded 

program, self-insured retention or deductible program. The Contractor must also exclude 

the cost of such insurance for all of their Subcontractors. 

NOTE: 

Insurance coverages and limits provided under the OCIP are limited in scope and are 

specific to work performed after the inception date of your enrollment into this program. Your 

insurance representative should review this information. Any additional coverage you may 

wish to purchase will be at your option and expense. 

Broward County, Florida 1 



Rev. 0002

Exhibit 2 

Page 103 of 379 

OVERVIEW 

OCIP Definitions 

Contractors and Subcontractors of every tier shall Bid Net of Insurance Cost for coverage provided by the 

Owner under the Owner Controlled Insurance Program. In the bid, Contractor and Subcontractors of any 

tier must also remove the cost of insurance for their Subcontractors of any tier in addition to their own cost 

of insurance for coverages provided by the Owner under the OCIP. 

A Contract is a written agreement between the Owner and the Contractor for specific work and also 

includes an agreement between a Contractor and any tier of Subcontractor. 

A Contractor or Subcontractor is a person, firm, joint venture, corporation or other party that has entered 

into a Contract with either the Owner or their Contractor to perform Work at the Project Site(s). 

A Certificate of insurance is a document providing evidence of the existence of coverage for a particular 

insurance policy or policies. 

A Confirmation Letter is a letter issued by the OCIP Administrator that confirms acceptance of the 

applicant into the Broward County OCIP. 

An Employer is any individual, firm, or corporation that provides direct construction labor for Work 

performed at the project Site(s). 

Enrolled Parties shall include: 

1. Owner, Owner’s Representative, and any other party so named in the insurance 

policies; and 

2. Eligible Contractors and Subcontractors of any tier whose employees will perform 

Work at the Project Site(s), 

3. Any other party so designated by Broward County at the discretion of Broward 

County, Florida. 

Enrollment in the program is mandatory for all Contractors and Subcontractors. Enrolled 

Parties shall obtain and maintain, and shall require each of their Subcontractors of any tier to 

obtain and maintain, the insurance coverage specified in Section 4. 

Excluded Parties and Their Insurance Obligations. 

The OCIP Coverages do not cover the following “Excluded Parties”: 

1. Hazardous materials remediation, removal and/or transport companies and their consultants; 

2. Architects, surveyors, and engineers, and soil testing engineers, and their consultants; 

3. Vendors, suppliers, fabricators, and material dealers; 

4. Truckers, haulers, drivers and others who merely transport, pick up, deliver, or carry 

materials, personnel, parts or equipment, or any other items or persons to or from the Project 

Site(s); 




Rev. 0002

Exhibit 2 

Page 104 of 379 

OVERVIEW 

5. Contractors and each of its or their respective Subcontractors of all tiers who do not perform 

any actual labor on the Project Site(s); and 

6. Any parties or entities not specifically identified in this Manual, or excluded by the Owner in 

its sole discretion, even if otherwise eligible. 

Excluded Parties and parties no longer enrolled in, or covered by, the OCIP shall obtain and 

maintain, and shall require each of its or their Subcontractors of all tiers to obtain and maintain, the 

insurance coverage specified in Section 4 of this Insurance Manual. 

The Project Site(s) includes the Ft. Lauderdale-Hollywood International Airport, Port Everglades, and other 

locations owned by Broward County. The Project Site(s) also include areas adjacent to or nearby the 

Project Site(s) where incidental operations are performed, excluding permanent locations of any insured 

party, other than the Owner’s. 

Off Site(s) locations are outside the boundaries of the Project Site(s) as shown above. Locations to be 

added to the Project Site(s), designated as “Off Site(s)” must be approved by the Owner and the Insurance 

Carrier prior to adding to the OCIP. All requests must be submitted to the Owner and OCIP Administrator. 

The Owner and Sponsor of the OCIP is the Broward County Board of County Commissioners. 

The Project Site(s) comprise the expected list of projects to be completed by the Owner under the OCIP. 

The project list is subject to change at the discretion of the Owner. 

The OCIP Administrator is Aon Risk Services of Florida, Inc. 

An Owner Controlled Insurance Program (OCIP) is a coordinated insurance program providing certain 

insurance coverages as generally described in this Manual for Work at the Project Site(s). 

The Work is operations fully described in the Contract, performed at or emanating directly from the Project 

Site(s). Also, the entire completed construction project or the various separately identifiable parts 

described in the Contract documents are included for completed operations purposes. 




Rev. 0002

Exhibit 2 

Page 105 of 379 

OVERVIEW 

About This Manual 

The Insurance Manual has been prepared by Aon Risk Services, Inc. of Florida (Aon) and Broward 

County, Board of County Commissioners (Owner). Aon is the insurance broker and OCIP Administrator 

for this Program. The Manual is designed to identify, define and assign responsibilities for the 

administration of the OCIP for the Broward County Owner Controlled Insurance Program. 

What This Manual Does 

This Manual: 

• Generally describes the structure of the Broward County OCIP; 

• Identifies responsibilities of the various parties involved in the Program; 

• Provides a basic description of OCIP coverages; 

• Describes audit and administrative procedures of the program; 

• Provides answers to basic questions about the OCIP; 

• Is incorporated in the Contract Documents by reference and, therefore, forms part of the Contract for 

each enrolled Contractor and Subcontractor; 

• Will be updated as necessary. The Broward County OCIP Insurance Manual may be updated during 

the course of construction to reflect any changes in State Rules and/or Regulations or Procedures that 

may be necessary, and said revisions shall replace all previous versions. Copies of any revised 

manual shall be posted online by the OCIP Administrator. 

What this Manual Does NOT DO 

This Manual does not: 

• Provide coverage interpretations; 

• Provide complete information about coverages; 

• Provide answers to specific claims questions; 

Specific questions concerning the OCIP, its administration or insurance coverages provided, should be 

referred to the appropriate party identified in the Program Directory section immediately following this 

introduction. 

DISCLAIMER: The information in this Manual is intended to outline the OCIP 

Program. If any conflict exists between this Manual and the OCIP insurance policies or 

Contracts between the Owner and the Contractor, the insurance policies or Contracts will 

govern. 




Rev. 0002

Exhibit 2 

Page 106 of 379 

OCIP PROGRAM DIRECTORY 

Section 

2 

OCIP Program Directory 

The following list includes key personnel involved in the program. 

BROWARD COUNTY DIRECTORY 

Ft. Lauderdale-Hollywood International Airport 

Airport Administration Marc Gambrill Phone: 954.359.2343 

Assistant Deja Fried Cell: 954.816.1945 

954.357.6177 Fax: 

Email: mgambrill@broward.org 

Project Manager 


Port Everglades 

Port Administrator 


Security 


Steven Wiesner Phone: 954.359.1026 

Cell: 

Fax: 954.359.2328 

Email: swiesner@broward.org 

Jim Goodwin Phone: 954.359.2328 

Cell: 954.410.0954 

Fax: 954.359.2328 

Email: jgoodwin@broward.org 

John Fogelsong Phone: 954.468.0142 

Fax: 

Email: jfogelsong@broward.org 

Phone: 

Fax: 

Email: 

Peter Hoffman Phone: 954.468.0115 

Fax: 

Email: 

Phone: 

Fax: 

Email: 




Rev. 0002

Exhibit 2 

Page 107 of 379 

OCIP PROGRAM DIRECTORY 

Other County Departments 

Construction 

Management 

Steve Hammon Phone: 954.357.7762 

Fax: 

Email: 

Water & Wastewater 


Dolores Smith Phone: 954.831.0962 

Fax: 

Email: 

Vin Morello Phone: 954.831.0908 

Fax: 

Email: 

OCIP ADMINISTRATION 

Aon Risk Services, Inc. of Florida 

1001 Brickell Bay Drive, Suite 1100 

Miami, Florida 33131 

Program Administrator 

Program Manager 

On Site Associate 

Administrator 

Diana Schrader Phone: 407.804.2418 

Fax: 407.804.1077 

Email: Diana.Schrader@aon.com 

Steven J. Anderson Phone: 305.961.6236 

Cell: 786.472.0017 

E-Mail: Steven.Anderson@aon.com 

Roshunda Parker 

Phone: 

th 

550 NW 10 Avenue Fax: 

Dania Beach, FL 33311 Email: Roshunda.parker@aon.com 

ALL OCIP CORRESPONDENCE 

EMail: Roshunda.parker@aon.com 

Safety Coordination 

OCIP Safety Manager 

Alejandro Baralt. Phone: 

th 

550 NW 10 Avenue Fax: 847.953.7499 

Dania Beach, FL 33311 Cell: 305.849.1890 

Email: Alejandro.baralt@aon.com 

Insurer Safety Manager 

Patricia Damas 

Phone: 

Fax: 954.272.7311 

Cell: 305.305.6665 

E-mail: patriciadamas@bellsouth.net 




Rev. 0002

Exhibit 2 

Page 108 of 379 

OCIP INSURANCE COVERAGES 

Section 

3 

OCIP Insurance Coverage 

This section provides a brief description of OCIP 

Coverages. You must refer to the actual policies 

for details concerning coverage, exclusions and 

limitations. 

Evidence of Coverage 

The OCIP Administrator will provide a Certificate of Insurance evidencing workers’ 

compensation, general liability, and excess liability insurance to each Enrolled Contractor 

and Enrolled Subcontractor, each of whom will be a named insured on the OCIP policies. 

A Certificate of Insurance is a document providing evidence of coverage for a particular 

insurance policy or policies. Other documentation including claim reporting forms, posting 

notices, etc., will be furnished to each Enrolled Contractor and Enrolled Subcontractor. 

Subsequent to enrollment, each enrolled Contractor and Subcontractor will be issued an 

individual Worker’s Compensation policy. 

Complete copies of policies will be furnished to an authorized representative of each 

enrolled Contractor and Subcontractor upon request. 

Description of OCIP Coverages 

The following sections describe the policies that the Owner has arranged for the Program. 

Each enrolled 

Contractor and 

Subcontractor will 

be issued a 

separate Workers’ 

Compensation 

policy. 

Workers’ Compensation and Employer’s Liability: 

State: Florida 

Limits of Liability 

Part One - Workers’ compensation: 

Statutory Limit 

Part Two - Employer’s Liability: 

Limits Per Insured 


Bodily Injury by Disease, each employee $1,000,000 


A single policy 

will be issued covering all 

insureds. 

Commercial General Liability 


Coverage Form-Occurrence 

Shared by All Insureds 




Rev. 0002

Exhibit 2 

Page 109 of 379 


Each Contractor Will Be 

$5,000.00 

General Liability Obligation 

Per Occurrence For Any 

Claim Due To Contractor’s 

Negligence As Shown In Its 

Contract Language For Any 

Damages/Injuries Caused By 

The Contractor Or Its 

Subcontractors To Third 

Parties. This is subject to 

change pending any formal 

changes to the construction 

agreement.. 

General Aggregate $4,000,000 

Products/Completed Operations Aggregate $4,000,000 

Bodily Injury & Property Damage–Each Occurrence $2,000,000 

Personal/Advertising Injury–Each Occurrence $2,000,000 

Fire Damage Legal Liability $100,000 

Responsible For A Medical Expense $5,000 

• Products & Completed Operations Extension: 10 Years 

• This insurance will NOT provide coverage for products liability to any insured 

party, vendor, supplier, off-Site(s) fabricator, material dealer or other party for any 

product manufactured, assembled or otherwise worked upon away from the 

Project Site(s). 

• The policy contains exclusions. Some of these exclusions are: Real & Personal 

Property in the care, custody or control of the insured; Asbestos; Lead; EFIS; 

Discrimination & Wrongful Termination; ERISA; Architects & Engineers Errors & 

Omissions; Owned & Non-Owned Aircraft, Watercraft, Pollution and Automobile 

Liability; Nuclear Broad Form Liability. 

Excess Liability 


Shared by All Insureds 

Each Occurrence Limit $200,000,000 

Annual General Aggregate Limit $200,000,000 

• The Policies follow form (provisions, coverage, exclusions, etc.) of underlying 

Commercial General Liability and Employer’s Liability policy wording. 

NOTE: 

Contractors and Subcontractors are advised to arrange their own insurance 

for Contractor or Subcontractor owned or leased equipment and materials 

not intended for inclusion in the project. The OCIP will not cover Contractor 

or Subcontractor property. 

OCIP Termination or Modification 

The Owner reserves the right to terminate or modify the OCIP or request that an Enrolled 

Contractor or Enrolled Subcontractor withdraw from the OCIP. If the Owner exercises this 

right, then Contractors will be given notice as required by the terms of their individual 

Contracts. At its option, the Owner may then procure alternate insurance coverage or the 

Owner may require Contractors to procure or maintain alternate insurance coverage. The 

form, limits of liability and cost of such insurance and the insurer issuing such insurance to 

its Contractor or its Subcontractors will be subject to the Owner's approval. 




Rev. 0002

Exhibit 2 

Page 110 of 379 


For OCIP 

projects greater 

than $30 million, 

Broward County 

will procure 

Builder’s Risk 

limits on a per 

project basis 

commensurate 

with the project 

contract value. 

Description of Other Owner Provided Coverages 

The following section describes additional policies that the Owner has arranged for the 

Project. 

Builders Risk – Master Policy 

Master Builder’s Risk 

Builder’s Risk or Course of Construction Insurance, insuring Risks of direct physical 

loss unless excluded. Coverage includes property in transit, property at temporary 

storage location, earthquake, windstorm, and flood (other than Zones A or V) and 

damage to existing property business interruption at Port Everglades and the Ft. 

Lauderdale Hollywood International airport, subject to applicable sub-limits and 

insuring the interests of Owner, Contractors, and their Subcontractors of any tier 

providing equipment, materials or services for the project. (Equipment is only 

covered if deemed to be incorporated as part of the project). 

The Builder’s Risk insurance will not provide coverage against loss by theft or 

disappearance of any materials (unless the materials are to be incorporated into 

the Project), tools, or equipment of the Contractor, Subcontractor of any tier or any 

other person furnishing labor or materials for the Work. 

Value/Policy Limit: 

$ 50,000,000 Property Damage, Each 

Occurrence 

Coverage Extensions Sublimits: 

a) Named Windstorm per occ. 

$50,000,000 

b) Property Damage per occ. 

$50,000,000 

c) Earth Movement annual aggregate 

$50,000,000 

d) Flood annual aggregate 

$50,000,000 

e) Debris Removal lesser of 25% of loss or 

$2,500,000 

f) Property in Transit per occ. 

$250,000 

g) Off-Site(s) Storage any one location per occ. 

$500,000 

h) Ordinance or Law 

$2,500,000 

i) Loss Adjustment Expenses per occ. 

$250,000 

j) Valuable Papers and Records per occ. 

$250,000 

k) Fire Dept. Services charges per occ. 

$100,000 

l) Pollutant clean up annual aggregate 

$25,000 

m) Combined Expediting Expenses and Extra 

Expenses 

$250,000 

Each Contractor or 

Subcontractor will be 

responsible for a builder’s 

risk deductible of 

$25,000.00 per occurrence. 

CONTRACTOR and its Subcontractors of any tier each shall be responsible 

for a $25,000.00 Builder’s Risk deductible per occurrence for any claim 

caused by Contractor or its Subcontractors during the course of 

construction. 




Rev. 0002

Exhibit 2 

Page 111 of 379 


If arising out of direct damage to property under course of construction or 

installation, whether or not insured by OWNER for perils of flood and earth 

movement, Contractor and its Subcontractors of any tier each shall be responsible 

for the first $25,000.00. 

Environmental/ Pollution Liability 

Each Contractor or 

Subcontractor will be 

responsible for a pollution 

liability deductible of 

$50,000.00 per occurrence 

if accident/incident is due 

to their negligence. 



Contractor and its Subcontractors of any tier each shall be responsible for a 

$50,000.00 contractor’s Pollution Liability deductible per occurrence for any 

claim caused by CONTRACTOR or its Subcontractors during the course of 

construction. 

The descriptions on these pages provide a summary of coverage ONLY. Contractors and 

Subcontractors should refer to the policies for actual terms, conditions, exclusions and 

limitations. 




Rev. 0002

Exhibit 2 

Page 112 of 379 


CONTRACTOR OBLIGATIONS 

GENERAL LIABILITY OBLIGATION: Each Contractor Will Be Responsible for A 

$5,000.00 General Liability Obligation or the actual amount of the loss per occurrence up to 

$5,000.00 for any claim due to Contractor’s negligence as shown in its Contract language 

for any damages/injuries caused by the Contractor or its Subcontractors to third parties. 

This is subject to change pending any formal changes to the construction agreement. The 

Obligation will be charged to the negligent contractor and due to the Owner. 

BUILDER’S RISK DEDUCTIBLE: Each contractor will be responsible for a $25,000.00 

deductible on any builder’s risk claim due to contractor’s negligence, including windstorm 

and flood. The Deductible will be charged to the negligent contractor and due to the Owner. 

POLLUTION LIABILITY DEDUCTIBLE: Each contractor will be responsible for a $50,000 

deductible on any pollution liability claim due to contractor’s negligence. The Deductible will 

be charged to the negligent contractor and due to the Owner. 

NOTE: 

Insurance coverage and limits described in this Section are limited in scope 

and are specific to Work performed after the inception date of your 

enrollment into this Program. Your insurance representative should review 

this information. Any additional coverage you may wish to purchase will 

be at your option and expense. 




Rev. 0002

Exhibit 2 

Page 113 of 379 

CONTRACTOR & SUBCONTRACTOR 

MAINTAINED COVERAGE-INCLUDING EXLUDED PARTIES 

Section 

4 

See Section 8 

for sample 

Certificate of 

Insurance. 

Contractor and Subcontractor Maintained 

Coverage Including Excluded Parties 

Enrolled Contractors and Enrolled Subcontractors 

are required to maintain insurance coverages to 

protect against losses that occur away from the 

Project Site(s) or that are otherwise not insured by 

the OCIP. 

Contractors and Subcontractors are required to maintain insurance coverage that protects 

the Owner from liability for claims for damages that may arise from the Contractor’s and 

Subcontractor’s operations performed away from the Project Site(s), from activities not 

insured by the OCIP, or from operations performed by Excluded Parties. There are two 

types of Contractors and Subcontractors: Enrolled Contractors and Excluded Contractors. 

Enrolled Contractors are to provide evidence of Workers’ Compensation and General 

Liability Insurance for off-Site(s) activities and Automobile Liability Insurance for both on- 

Site(s) and off-Site(s) activities as per the insurance specifications in the Contract. See 

Section 3 for the definition of an Enrolled Contractor. 

Excluded Contractors must provide evidence of General Liability, Workers’ Compensation 

and Auto Liability Insurance for all activities including both on-Site(s) and off-Site(s) 

activities as per the insurance specifications in the Contract. See Section 3 for the definition 

of Excluded Parties. 

All Contractors must submit verification of insurance in the form of a Certificate of 

Insurance on a standard ACORD form 25-S. All Contractors must provide verification of 

insurance to the OCIP Administrator within ten (10) working days of award of contract, prior 

to mobilization, and within ten (10) days of any renewal, change or replacement of 

coverage. A sample of an acceptable Certificate of Insurance for Enrolled and Excluded 

Contractors and Subcontractors is provided in Section 8. 




Rev. 0002

Exhibit 2 

Page 114 of 379 



Certificate of 

Insurance 

• Ten (10) days prior to 

mobilization and within 

ten (10) days of renewal, 

change or replacement of 

coverage, Contractors will 

submit to the Owner a 

Certificate of Insurance 

evidencing the coverage 

and limits as specified in 

this section. 

• A 30-day notice of 

cancellation provision 

and additional insured 

status is required on all 

Certificates. 

Please note the requirements for thirty (30) days notice of cancellation, modification or 

material change. The Additional Insured endorsement shall state that the coverage 

provided to the additional insureds is primary and non-contributory with respect to any other 

insurance available to the additional insureds. 

All Contractors and Subcontractors are responsible for monitoring their Enrolled 

Subcontractors and Excluded Parties’ Certificates of Insurance. The Owner reserves the 

right to disapprove the use of Contractors and Subcontractors unable to meet the program 

insurance requirements. Certificates of Insurance evidencing compliance are to be 

available to the Owner or the OCIP Administrator upon request. 

The limits of liability shown for the insurance required of the Contractors and 

Subcontractors are minimum limits only and are not intended to restrict the liability imposed 

on the Contractors and Subcontractors for Work performed under their Contract. 

Enrolled 

Contractors shall provide 

evidence of workers’ 

compensation insurance for 

Workers’ Compensation and Employer’s Liability 

Part One - Workers’ compensation: 

Statutory Limit 

off-Site(s) activities. Part Two - Employer’s Liability: 

Annual Limits: 


Excluded Bodily Injury by Disease, each employee $1,000,000 



evidence of workers’ 

compensation applicable to 

on and off-Site(s) project. 

Enrolled 


evidence of general liability 

insurance for off-Site(s) 

activities. 

Commercial General Liability 


Enrolled / Excluded 

General Aggregate $2,000,000/$7,000,000 

Products/Completed Operations Aggregate $2,000,000/$7,000,000 

Personal/Advertising Injury Aggregate $1,000,000/$6,000,000 

Each Occurrence Limit $1,000,000/$6,000,000 

Ten (10) Years Products/Completed Operations Extension 

Excluded 


evidence of general liability 

insurance applicable to on 

and off-Site(s) projects and 

must add the Owner and 

other parties as additional 

insureds to their policy. 

Coverage must be an Occurrence form and it must apply to bodily injury and property 

damage for operations (including explosion, collapse and underground coverage), 

independent contractors, and products and completed operations. Limits can be 

provided by a combination of a primary Commercial General Liability policy and 

an Excess or Umbrella Liability policy. 




Rev. 0002

Exhibit 2 

Page 115 of 379 



Automobile Liability 

All Contractors and 

Subcontractors shall provide 

evidence of on and offsite(s) 

automobile liability. 

The OCIP does not cover 

automobile liability. 

A Commercial Business Auto Policy which covers all owned, hired and non-owned 

automobiles, trucks and trailers with coverage limits not less than $1,000,000 CSL for 

all projects other than airside projects at the Ft. Lauderdale Hollywood 

International Airport which require limits not less than $5,000,000 CSL each 

accident for bodily injury and property damage on-Site(s) and off-Site(s). Limits are 

subject to change at the sole discretion of the Owner. 

Property Insurance – Contractor’s Equipment 

Contractor’s and 

Subcontractor’s are 

responsible for their 

own equipment. The 

OCIP does not 

provide coverage for 

Contractor’s 

Equipment. 

Contractors and Subcontractors are advised to arrange their own insurance for owned 

and leased equipment, whether such equipment is located at a Project Site(s) or “in 

transit”. Contractors and Subcontractors are solely responsible for any loss or 

damage to their personal property including Contractor tools and equipment, 

scaffolding and temporary structures, whether owned, used, leased or rented by the 

Contractor. Contractors and Subcontractors are also responsible for any loss or 

damage to property or materials created or provided under the Contract until the 

property or materials arrive at the Project Site(s). 

Watercraft, and Aircraft Liability 

The operator of any watercraft or aircraft of any kind must maintain liability naming the 

Owner and the respective Contractor and/or Subcontractors as additional insured with 

primary and non-contributory wording. In addition, the limit of liability must be 

satisfactory to the Owner. Such insurance requirements will be determined at the sole 

discretion of Owner as the need arises. 

Ocean Marine Liability (P&I) 

All Contractors and Subcontractors must maintain an Ocean Marine Liability policy 

covering all owned, leased or hired and non-owned watercraft used in any fashion for 

such operations at or away from the Project Site and are not insured under the OCIP. 

Such coverage must extend to cover liability for bodily injury (including death) and 

property damage (including loss of use) with minimum combined limits of $1,000,000. 

Such insurance shall be maintained in the form of a standard Protection and Indemnity 

policy which includes coverage for wreck removal, unlimited protection and indemnity, 

pollution liability and Jones Act exposures. 

Professional Liability 


does not provide 

Professional Liability for 

Contractors and 

Subcontractors. 

Professional Liability and Errors & Omissions Insurance will be the responsibility of the 

Contractor or Subcontractor. Professional Liability minimum requirement is 

$1,000,000 per occurrence and aggregate. 




Rev. 0002

Exhibit 2 

Page 116 of 379 



Contractor’s Pollution Liability 

Hazard remediation and demolition Contractors and Subcontractors whose Work 

involves removal or treatment of hazardous materials shall provide and maintain 

Contractor’s Pollution Liability insurance that specifically schedules the type of Work to 

be done under contract. 

Contractor’s Pollution Liability insurance for Excluded Parties, with the following limits: 



If transporting hazardous waste/materials from the Project site, an appropriate 

MCS-90 Endorsement must be attached and supplied to COUNTY on a 

primary basis with $5,000,000 limits of liability. 

Installation Floater 

Installation Floater coverage for the installation of machinery and/or equipment into an 

existing structure, on an "All Risk" coverage form including installation and transit for 

one hundred percent (100%) percent of the "installed replacement cost value," 

covering COUNTY as a named insured, with a deductible of not more than Ten 

Thousand Dollars ($10,000.00) each claim. Installation Floater coverage is not to 

cease and is to remain in force (subject to cancellation notice) until final acceptance by 

Broward County. 

When the machinery or equipment covered under the Installation Floater is located 

within an identified special flood hazard area, flood insurance must be afforded for the 

lesser of the total insurable value of such buildings or structure, or, the maximum 

amount of flood insurance coverage available under the National Flood Insurance 

Program. 

Additional Insureds 

The following shall be included as Additional Insureds as required by contract; this list may be 

updated at any time due to contractual requirements of the Owner. 

Broward County Board of County Commissioners (Owner), its 

commissioners, officers, directors, agents, employees, related entities, 

authorized representatives, servants, and assigns must be named as 

additional insureds. 




Rev. 0002

Exhibit 2 

Page 117 of 379 



Waiver of Subrogation 

The Contractor's Workers’ Compensation, General Liability, Umbrella or Excess 

Liability, Automobile, and Property insurers shall provide Waivers of Subrogation in 

favor of the Owner and other designated parties. Contractors’ and each of their 

Subcontractor’s will similarly waive their rights of subrogation and recovery in each of 

their respective construction Contracts with respect to their work on this OCIP. 

Note: Waivers Required - The Contractor's Workers’ 

Compensation, General Liability, and Umbrella or Excess Liability, 

Automobile, Property and Contractor’s Equipment insurers shall 

provide Waivers of Subrogation in favor of the Owner and other 

designated parties. General Liability and Excess Liability Insurance 

policies will name Broward County Board of County 

Commissioners (Owner), its commissioners, officers, directors, 

agents, employees, related entities, authorized representatives, 

servants, and assigns as additional insureds and shall state that 

coverage is primary and non-contributory. 




Rev. 0002

Exhibit 2 

Page 118 of 379 



Section 

5 

Contractor and Subcontractor Responsibilities 

Throughout the course of the OCIP, Contractors 

and Subcontractors will be responsible for 

reporting and maintaining certain records as 

outlined in this section. 

All Contractors and Subcontractors are required to cooperate with the Owner and its OCIP 

Administrator in all aspects of OCIP implementation, operation, and administration. 

Responsibilities of the Contractor and Subcontractors of any tier include all contract 

responsibilities, and the following: 

• Enroll in the OCIP, if eligible, prior to mobilization; 

• Provide timely evidence of other insurance or Owner required insurance to the 

OCIP Administrator prior to mobilization; 

• Include OCIP provisions in all contracts with Subcontractors; 

• Provide each Subcontractor with a copy of the Broward County OCIP Program 

Manual. The Broward County OCIP manual may be updated during the course of 

construction to reflect any changes in State Rules and/or Regulation or Procedures 

that may be necessary, and said revised and said revisions shall replace all 

previous versions. Copies of any revised manual shall be posted online by the 

OCIP Administrator; 

• Notify the OCIP Administrator of all subcontracts, including lower tier subcontracts, 

awarded and/ or terminated; 

• Maintain and report payroll records to the OCIP Administrator on a monthly basis; 

• Cooperate with the OCIP Administrator’s requests for information; 

• Comply with insurance, claim and safety procedures as required by the Owner; 

• Monitor its Subcontractor's Certificates of Insurance; 

• Notify the OCIP Administrator immediately of any insurance cancellation, 

modification, material change or non renewal of Contractor required insurance. 

• To ensure that coverage is in effect for all employees leased through an Employee 

Leasing Company (PEO) provide the leasing company’s Name and Address at 

time of enrollment on the “Enrollment Application - Form 3”. 1) If the Employee 

Leasing Company (PEO) changes mid-term, or 2) If the contract with the leasing 

company is terminated during the time period of enrollment in the OCIP, or 3) If 

you contract a PEO mid-enrollment, notify the OCIP Administrator immediately. 




Rev. 0002

Exhibit 2 

Page 119 of 379 



Responsibilities of Subcontractors of all tiers: 

• Enroll in the OCIP, if eligible, prior to mobilization; 

• Maintain and report monthly payroll records to the OCIP Administrator on a 

monthly basis; 

• Cooperate with the OCIP Administrator's requests for information; 

• Comply with insurance, claim, audit and safety procedures as required by Owner; 

• Monitor its Subcontractor's Certificates of Insurance. 

See Section 2 for 

information on 

contacting the OCIP 

Administrator. 

Contractor Bids 

The Owner provides insurance for all eligible, Enrolled Contractors and Subcontractors 

under the OCIP for Work performed at the Project Site(s). The Owner will pay the insurance 

premiums for the coverages described in this Manual. You should notify your insurance 

broker/insurer(s) of the coverages provided under this Program for On-Site(s) activities to 

avoid duplication of coverage. Each bidder is required to bid net of (i.e. to exclude) all 

insurance costs for all insurance coverages provided by the Owner. 

Adjustments for OCIP Insurance Costs 

Each Contractor and Subcontractor is required to exclude the cost of insurance that is 

provided by the Owner from its bid price for the proposed scope of work at the Project 

Site(s) (including subcontracted work whether or not the Subcontractor firm is identified at 

the time of the bid). 

Under the OCIP, the final payroll is determined by an audit by the OCIP insurer or their 

representatives. 

Contractors are solely responsible for ensuring that their Subcontractors of all tiers 

also exclude the cost of insurance in their bid. 

Change Order Procedures 

Change orders should be priced by the Contractor and Subcontractor to exclude any costs 

of insurance for the coverages that are provided by the OCIP. 

Notice of Award 

Contractors who utilize Subcontractors of any tier must complete and submit the Notice of 

Award form to the OCIP Administrator (Aon-A) to identify contracts awarded to 

Subcontractors of any tier who will perform labor at the Project Site(s); a sample is included 

in Section 8. This form must be completed and submitted to the OCIP Administrator prior to 

mobilization on the Project Site(s). 




Rev. 0002

Exhibit 2 

Page 120 of 379 



See Section 8 for 

sample OCIP forms. No 

Contractor or Subcontractor 

will be granted access or 

allowed to perform work at a 

Project Site(s) until properly 

enrolled or specifically 

excluded from the OCIP. 

All OCIP forms 

should be 

completed online 

at: 

https:// www.aonw 

rap.aon.com 

Enrollment 

Each Contractor and Subcontractor shall provide details about its Subcontractors to the 

OCIP Administrator, in order to enroll them in the OCIP. The Contractor and Subcontractor 

must complete and submit the Enrollment Application form to the OCIP Administrator (Aon- 

3); a sample is included in Section 8. This form must be completed and submitted to the 

OCIP Administrator prior to mobilization on the Project Site(s) to obtain coverage under the 

OCIP. All Enrollment forms should be entered online, please see Section 7 of this 

Insurance Manual for details or contact your OCIP Administrator. 

Each Enrolled Contractor or Enrolled Subcontractor accepted into the OCIP will receive a 

Confirmation Letter and Certificate of Insurance from the OCIP Administrator. A 

Confirmation Letter is a letter issued by the OCIP Administrator that confirms acceptance 

of the applicant into the OCIP. 

Enrollment is not automatic 

Enrollment into the OCIP is required, but not automatic. All Eligible 

Contractors and Subcontractors MUST complete the enrollment forms and 

participate in the enrollment process for OCIP coverage to apply. Access to 

the Project Site(s) will not be permitted until Enrollment into the OCIP is 

complete. 

Maintaining Enrollment in the OCIP 

If you do not comply with all the terms of this Manual in a timely manner you may not 

remain enrolled in the OCIP. Contractors eligible for enrollment in the OCIP who are not 

enrolled in the OCIP will not be granted access to the Project Site(s). 

Assignment of Return Premiums 

The cost of the OCIP insurance coverages will be paid by the Owner. The Owner will be 

the sole recipient of any return OCIP premiums or dividends. All enrolled Contractors and 

Subcontractors shall assign to Owner all adjustments, refunds, premium discounts, 

dividends, credits or any other monies due from the OCIP insurers. Contractors and 

Subcontractors shall assure that each Enrolled Subcontractor shall execute such an 

assignment. The Enrollment Form (Aon-3) supplied in Section 8 is used for this purpose. 

Safety Standards 

establish minimum 

standards for Contractor 

safety programs. Safety 

Standards are provided to all 

participants during the 

bidding process. 

Safety Standards 

Each Contractor and Subcontractor is required to have a written safety program and to 

provide a designated safety representative who is on the Project Site(s) when any Work is 

in progress. Minimum standards for Contractor safety programs are outlined in the 

Broward County Safety and Loss Prevention Manual. 




Rev. 0002

Exhibit 2 

Page 121 of 379 



Payroll Reports: 

Failure to submit the payroll 

reports as required may 

result in the withholding of 

payments until required 

documentation is received. 


should be 


at: 

https://www.aonw 

rap.aon.com 

Payroll Reports 

Each Enrolled Contractor and Subcontractor of every tier must submit monthly payroll 

reports to the OCIP Administrator. The reports will identify worker-hours and payroll by 

workers’ compensation classification code for all Work performed at the Project Site(s). 

This information will be used to provide the Owner's insurers with information required for 

determining the Owner's premium. 

All Enrolled Contractors and Subcontractors must submit payroll reports prior to the 10 th of 

the following month. The Monthly On-Site(s) Payroll Report form (Aon-4), provided in 

Section 8, is the appropriate form. A separate payroll report must be completed for each 

contract. The monthly worker-hour and payroll reports should include supervisory, safety 

and clerical personnel that are on-Site(s) and cover all Work performed at or emanating 

directly from each Project Site(s). All payrolls should be entered online, please see 

Section 7 of this Insurance Manual for details or contact your OCIP Administrator. 

Earnings for overtime should be included only at the normal hourly rate (DO NOT 

INCLUDE EXTRA WAGES, OR PREMIUM PORTION OF OVERTIME PAY, WHEN 

CALCULATING PAYROLL. Overtime means those hours in excess of 8 hours worked 

each day, 40 hours in any week or on Saturdays, Sundays, or holidays, but only when 

there is an increase in the hourly rate to work such hours. 

Insurance Company Payroll Audit 

Each enrolled Contractor and Subcontractor is required to maintain payroll records for Work 

at the Project Site(s). Such records shall allocate the payroll by Workers’ Compensation 

classification(s) code and shall exclude the excess or premium paid for overtime (i.e., only 

the straight time rate shall apply to overtime hours Worked). Furthermore, such records 

shall limit the payroll for Executive Officers and Partners/Sole Proprietors to the limitations 

as stated in the State of Florida Manual Rules. 

It is important to properly classify payrolls as these will be reported to the Rating Bureau for 

promulgation of future Experience Modifiers for your firm. All enrolled Contractors and 

Subcontractors shall make available their books, vouchers, contracts, documents, and 

records, of any and all kinds, to the auditors of the OCIP insurance carriers or Owner’s 

representatives at any reasonable time during the policy period, any extension, or during a 

final audit period as required by the insurance policies. 




Rev. 0002

Exhibit 2 

Page 122 of 379 

CONTRACTOR & SUBCONTRACTOR RESPONSIBILITIES 


should be 


at: 

https:// www.aonw 

rap.aon.com 

Close-Out and Audit Procedures 

Each Enrolled Contractor and Subcontractor must submit the Notice of Work Completion 

form (Aon-5), when a Contractor and/or a lower tier Subcontractor has completed it’s Work 

at the Project Site(s) and no longer has workers on Site(s) (including Punch-List). The 

Aon-5 form will initiate the close-out process and audit of payroll and worker-hours by the 

OCIP Insurer(s). The OCIP Insurer is the insurance company named on the policy or on 

the Certificate of Insurance that provides coverage for the OCIP. A copy of the Notice of 

Work Completion form, (Aon-5) with instructions on the proper method for completion is 

found in Section 8. All Notice of Work Completion forms should be entered online, 

please see Section 7 of this Insurance Manual for details or contact your OCIP 

Administrator. 

Issuance of final payment and/or project retainage will not be authorized by the Owner until 

all necessary forms have been submitted to the OCIP Administrator. 




Rev. 0002

Exhibit 2 

Page 123 of 379 

CLAIM REPORTING PROCEDURES 

Section 

6 

Claim Reporting Procedures 

This section describes the basic procedures for reporting 

various types of claims: Workers’ Compensation, General 

Liability, and damage to the Project. 

Claims Kits will be 

available to all Contractors. 

It will include details about 

claim reporting and is 

intended for use at the 

Project Site(s). 

Workers’ Compensation Claims 

In the event of an accident or injury, the main responsibility for any Contractor and 

Subcontractor is first to see that the injured worker receives immediate medical care. Local 

911 emergency ambulance service should only be used in response to a serious traumatic 

life-threatening injury. Otherwise, injured workers’ who require medical treatment must 

utilize one of the Owner’s approved medical clinics indicated below. 

Next, you should notify by phone, the following: 

♦ The General Contractor’s Safety Manager (See Directory, page ) 

♦ OCIP Safety Manager (See Directory, page 7) 

♦ OCIP Administrator (See Directory, page 7) 

♦ Risk Management – Charmaine Rivers, Worker’s Compensation Manager Phone 

– 954.357.7230 

♦ Risk Management – Barbara Bryant, Worker’s Compensation Supervisor Phone – 

954.357.5534 

♦ Risk Management – Danielle French, Assistant Director, Phone 954.357.7219 

The below listed clinics should be utilized for all non-life threatening injuries and the primary 

care physician shall arrange and manage all follow up care. The designated clinics for 

treatment of injured workers are: 

Medwork84 

Medstar 

Urgent Medical Care 

th 

407 SE 24 Street (SR 84) 3501 N. Federal Hwy 311 S Cypress Creek Rd 

Fort Lauderdale, FL 33316 Pompano, FL 33064 Pompano, FL 33060 

(954)467 2140 (954) 785 5411 (954) 781 7248 

Injured workers are advised to go to the nearest medical treatment facility/ hospital 

emergency room for life threatening injuries. 




Rev. 0002

Exhibit 2 

Page 124 of 379 


Contractors and Subcontractors must designate a representative at the Project Site(s) to 

take injured employees to the medical treatment center (clinic) and to report the claim. This 

individual is to remain with the injured employee at the medical treatment center while 

he/she is being treated. The treating physician should provide a written description of 

whether or not the injured employee can return to work, a list of restrictions if any, and the 

estimated length of time the injured worker must be on modified duty. The Owner supports 

transitional modified work to keep injured workers gainfully employed during recovery. 

Copies of the treating physician’s written description should be returned to the employee for 

his/her Employer, the OCIP Safety Manager, General Contractor’s Safety Manager and 

OCIP Administrator. A post accident drug test will be included in the treatment regimen as 

indicated in the Program Safety Standards. 

A detailed Broward County Loss Notice form (Exhibit 4, Section 8) must be completed 

along with the FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF 

WORKERS' COMPENSATION FIRST REPORT OF INJURY OR ILLNESS form 

(Form DFS-F2-DWC-1 (08/2004) (Exhibit 3, Section 8) and turned into the OCIP 

Safety Manager, OCIP Administrator, and General Contractor’s Safety Manager within 

twenty-four (24) hours of the accident/incident. 

Each Contractor and Subcontractor with employees injured at a Project Site(s) will be 

required to attend claims meetings and participate in the management of claims for their 

employees. Injured employees will cooperate with the OCIP Insurer and comply with the 

treatment regimen prescribed by the primary care physician. 

When additional information is requested by the insurance carrier or the employer needs to 

talk to the adjuster: 

Report all Liability claims 

to the OCIP Safety Manager 

& Administrator and the 

General Contractor’s Safety 

Manager. 

Liability Claims 

Incidents or accidents at, or around the Project Site(s) or a designated off-Site(s) location 

that has been added to the OCIP (see definition of Project Site(s) on page 2) resulting in 

damage to the property of others (other than your own property, rented or leased property, 

or your own Work product), or personal injury or death to a member of the public, must be 

reported immediately to the designated claims and safety representatives and OCIP 

Administrator. (See Section 2 for contact information). Contractors and Subcontractors 

must designate a representative at the Project Site(s) to report the claim. 

A detailed Broward County Loss Notice form (Exhibit 4, Section 8) must be completed 

and turned into the OCIP Safety Manager, OCIP Administrator, and General 

Contractor’s Safety Manager within twenty-four (24) hours of the accident/incident. 

This documentation will be forwarded onto the insurance carrier for further handling. A 

copy of this documentation should be sent to Sandy Steinlage, Risk Management 

Liability Supervisor, at SSteinlage@broward.org Dawn Mehler, Risk Insurance and 

Contracts Manager at DMehler@broward.org, and Danielle French, Assistant Director 

Risk Management at dfrench@broward.org. 

Do not voluntarily admit liability. Contractors and Subcontractors of any tier must cooperate 

with the Owner and the OCIP insurer representatives in the accident investigation. 

The insurance carrier will investigate, process, and settle each claim. Each Contractor will 




Rev. 0002

Exhibit 2 

Page 125 of 379 


be responsible for a $5,000.00 (or other negotiated amount as shown in the Contract) 

general liability Obligation per occurrence for any claim due to Contractor’s 

negligence as shown in its Contract for any damages/injuries caused by the 

Contractor or its Subcontractors of any tier to third parties. This is subject to change 

pending any formal changes to the Contract agreement. 

The Obligation will be charged to the negligent contractor and due to the Owner. 

Report all Builder’s Risk 

claims to the OCIP Safety 

Manager & Administrator, 

and the General Contractor’s 

Safety Manager. 

Builder’s Risk Claims 

Report all incidents/accidents immediately. A detailed Broward County Loss Notice 

form (Exhibit 4, Section 8) must be completed and turned into the OCIP Safety 

Manager, OCIP Administrator, and General Contractor’s Safety Manager within 

twenty-four (24) hours of the accident/incident. Contractors and Subcontractors must 

designate a representative at the Project Site(s) to report the claim. This 

documentation will be forwarded onto the insurance carrier for further handling. A 

copy of this documentation should be sent to Sandy Steinlage, Risk Management 

Liability Supervisor, at SSteinlage@broward.org, Dawn Mehler, Risk Insurance and 

Contracts Manager at DMehler@broward.org, and Danielle French, Assistant Director 


The insurance carrier will investigate, process, and settle each claim. Contractor and 

its Subcontractors of any tier each shall be responsible for a $25,000.00 

Builder’s Risk deductible per occurrence for any claim caused by Contractor or 

its Subcontractors of any tier during the course of construction. This is subject to 

change pending any formal changes to the Contract agreement. 

The Deductible will be charged to the negligent contractor and due to the Owner. 

Report all Auto claims to 

your insurance carrier, the 

OCIP Safety Manager & 

Administrator, and the 

General Contractor’s Safety 

Manager. 

Automobile Claims 

No insurance coverage is provided for automobile accidents/claims under 

the OCIP. It is the sole responsibility of each Contractor and Subcontractor 

to report accidents/claims involving their automobiles to their own insurers. 

However, all accidents occurring in or around the job Site(s) must be reported to the 

designated claims and safety representatives and OCIP Administrator. (See Section 2 for 

contact information). The accident will be investigated with regard to any liability arising out 

of the Project construction activities that could result in future claims (i.e., due to the 

conditions of the roads, etc.). Each Contractor and Subcontractor shall cooperate in the 

investigation of all automobile accidents. 




Rev. 0002

Exhibit 2 

Page 126 of 379 


Report all Pollution 

claims to the OCIP Safety 

Manager & Administrator 

and the General Contractor’s 

Safety Manager. 

Pollution Claims 

The Owner's OCIP policies may provide limited coverage for certain pollution 

conditions but only if the incidents are discovered and reported promptly in 

writing. Report all incidents/accidents immediately. A detailed Broward County Loss 

Notice form (Exhibit 4, Section 8) must be completed and turned into the OCIP Safety 

Manager, OCIP Administrator, and General Contractor’s Safety Manager within 

twenty-four (24) hours of the accident/incident. Contractors and Subcontractors must 

designate a representative at the Project Site(s) to report the claim. This 

documentation will be forwarded onto the insurance carrier for further handling. A 

copy of this documentation should be sent to Dawn Mehler, Risk Insurance and 

Contracts Manager at DMehler@broward.org and Danielle French, Assistant Director 


The insurance carrier will investigate, process, and settle each claim. Contractor and 

its Subcontractors of any tier each shall be responsible for a $50,000.00 

Contractor Pollution Legal Liability deductible per occurrence for any claim 

caused by Contractor or its Subcontractors of any tier during the course of 

construction. This is subject to change pending any formal changes to the Contract 

agreement. 

The Deductible will be charged to the negligent contractor and due to the Owner. 




Rev. 0002

AONWRAP WEB INSTRUCTION 

Exhibit 2 

Page 127 of 379 

Section 

7 

AonWrap Web Instruction 

Obtain a User ID & Password 

Contact your Aon Program Administrator by either phone or email. Have the following information available: 

• Name & Contract Information (Phone, Fax & email address) 

• Company Name 

• Contract Number 

• Contract with 

How to Access the AonWrap Application 

You can access AonWrap by entering https:// www.aonwrap.aon.com in your Internet Browser. 

Be sure to include the www in the address, failure to do so could cause your log on process to fail. 

How to Login 

Once at the AonWrap home page 

• enter your unique User ID 

• enter your Password 

• Click on the Enter button to gain access to the secure 

AonWrap application 

• Please note that the first time you log on you will be requested 

to change your password. 

Navigation 

1. From the Welcome Page use the ‘4Browse Project’ option in the 

left-section of the page. 

2. Locate your project or contract in one of three available methods: 

• Use the options to expand the tree view and select a 

project to begin working with. (sponsors only) 

• Drill down through project levels and contract relationships 

by clicking on the project or Contractor’s name in the 

Projects & Contracts section, located in the middle of the 

screen. The icon indicates that there is additional 

project or subcontract information. 

• The Search and Advanced Search options located in the 

screen header. (see Search instruction for further details) 

3. Use the Location Bar and Project/Contract Description at the 

top of the screen to determine what information is presented 




Rev. 0002


Note: Security features may prevent you from seeing all presented screens. 

Exhibit 2 

Page 128 of 379 

How to Enroll on the Web (Aon Form-3) 

1. Navigate to the contract and select the Form-3 Enrollment Application option. 

2. Update your Contractor Information in section A. Modifications made in this will be posted to the 

database within 24 hours. (The Federal ID number is required to enroll in the Wrap-up) 

3. Update Contract Information in section B of the Enrollment Application. (Required fields include 

contract number, Estimated Start & Completion dates) 

4. Identify personnel from your company that are responsible for different pieces of information in Section 

C, Contacts. Select the Contacts button. Follow the instructions in the Update Contact Information 

section of this pamphlet. 

5. Enter your firms estimated reportable payroll in the Worker’s Compensation Information section (D) 

of the enrollment form screen. 

• If the desired WC class codes is listed, click in the ◦ on the left column. Use the Update button 

to add the estimated man-hour and payroll information. 

• If the desired WC class code is not present, click the Add button. Enter the County, State, WC 

Class Code, estimated man-hours and payroll. Please note, not all projects will allow the 

addition of new WC class codes. An error message will be displayed. 

• Click on the OK button to record your information. 

WC Class Codes can be entered using the numeric code or the […] button can be used to search for a 

description. 

6. Complete the Off-Site(s) Workers Compensation Information section (E). 

• Supply your firms Experience Modification information. Click in the ◦ on the left column and use 

Modify button to change an existing entry. Use the Add button to create a new line of 

information. (Information must be supplied for each state work will be performed in.) 

a) The Bureau File # is also referred to as the Risk ID #. This information can be located on 

your experience modification worksheets. 

b) If your company has been in business for less than 3 years, enter the following information: 

Bureau File # = New Company ; Experience Modification Factor = 1.00 

Anniversary Rating Date and Effective Date of Modification Factor = First day your company 

was in business 

• Enter the information relating to your existing workers’ compensation carrier. Supply the carrier’s 

full name of the insurance carrier (no abbreviations), Policy number and Effective & Expiration 

dates 

7. Identify any Subcontractor Information in section F. If you will not be using subcontractors, leave this 

section empty. Use the Add button to add a subcontractor. Verify your work by ensuring your own selfperformed 

work plus the total Subcontract $ amounts equal the expected Contract Amount on your 

contract. 

8. The Enrollment Questions section G may pertain to your work at this project. 

• Check the boxes that describe your labor force and use of Aircraft & Watercraft. Your responses 

should only pertain to work performed under this contract on this project. 

• Additional project specific questions may be defined in the Optional Questions box. Answer any 

questions that may appear here. 

9. If your firm has off-Site(s) storage facilities that are dedicated 100% for the storage of material for the 

specified project, record this information in the Off-Site(s) Storage (100% Dedicated) section. Use the 

Add button to add a line of information. Use the OK button to save work. Add as many lines of 

information as needed. 




Rev. 0002


10. Type your name in the space provided and date the form. Your typed signature constitutes an 

electronic signature 

11. Once you have completed everything and checked through your work: 

• When your information is ready to be processed, check the Save and Notify Aon indicator box. 

• Save and Submit Later allows you to save your work and return later to finish. 

• Cancel your work OR 

• Print your work 

How to Report Payroll (Aon Form-4) 

1. Navigate to the contract and Click on the Form 4 – Payroll Report option located in the Actions and 

Views section of the page. 

2. The Payroll list screen will display all types of payroll (missing, 

incomplete and completed) records. If you are delinquent in submitting your 

payroll information, select the missing payroll record with the appropriate period ending 

date. 

Exhibit 2 

Page 129 of 379 

3. Click on the Open button at the top of the screen to open an 

existing record or New button to create a new entry. Modify the 

payroll period dates if necessary. 

4. Select the WC class code by clicking the ◦ in the left most 

column. Use the Update button to begin the modification 

process. Enter the man-hours and payroll information. If your 

WC class code is not present use the Add button. 

Note a: Some Projects will also require the entry of a purchase order number. This requirement will be displayed in a 

separate column. 

Note b: Submit one payroll report per reporting period. Each payroll report can contain only one entry per class 

code unless a purchase order number is required. 

5. When you are finished click on the OK button to add the information. 

6. If this project collects optional data it will be defined in the Optional Fields section. Enter information if 

specified. 

7. Enter your name and date. 





• Print your work 




Rev. 0002


Exhibit 2 

Page 130 of 379 

How to Submit a Notice of Work Completion (Aon Form-5) 

1. Navigate to the contract and Click on the Form 5 – Notice of Work Completion option located in the 

Actions and Views section of the page. 

2. Enter your name and date the form. 

3. Request the sponsor or entity you contract with to approve the form. Your company cannot complete 

the approval. 





• Print your work. 

Contract Contact List 

1. Click on the Contract Contact List option located in the Actions and Views section of the page. 

2. Select the ‘Role’ to add, update or modify by clicking on the ◦ to the left most column. 

3. Click the Update button to proceed with additions or 

modifications to the information. 

4. Use the dropdown box in the Contact Name column to select 

an existing entry. Click OK to save this name as the contact. 

5. If the Name does not exist in the available options, use the 

New button to create a new contact. Be sure to provide the 

• Individual’s Name (Prefix, first, middle & last name) 

• Phone & Fax Number (enter without special characters (, ) 

or - ) 

• Address Line 1, Address Line 2, City, State and Zipcode 

• Optional fields include a Phone (Work 2), Phone (Cell), 

Phone (Pager), Phone (Home 1) and Phone (Home 2). (Do 

not include special characters in all phone numbers) 

• To save your work, click on the OK button. 

6. If the Name exists in the available options but information requires revision, use the Modify button to 

change the contact’s information. 

• Change the information. 

• Select the OK button to save your work 

7. Repeat the steps above until all desired contacts are identified. 

8. Use the Save button to save your work. 

9. Use the ⌧ on the upper right hand corner to close the screen. 




Rev. 0002


Exhibit 2 

Page 131 of 379 

Revise Company Information (i.e. change address) 

1. Navigate to the contract and Click on the Company option located in the Actions and Views section of 

the page. 

2. Modify the Company Information (federal ID number, company name, address, phone and fax 

information) as presented on the screen. 

3. Press the Add button under the WC General section. Insert the Country, State, Bureau File # (also 

known as the Risk ID Number) and Anniversary Rating Date (mm-dd format required). Use the OK 

button when entry is complete 

4. Use the Submit button to forward your changes to the administration staff. Please note that changes 

recorded in this section of the database will not automatically be posted to the database. An action will 

be created for the administration staff to update your records. 

5. After Submission of your changes, return to the main page by closing the screen. Use the ⌧on the 

upper right hand corner of the screen. 

Update Contract Information 

1. Navigate to the contract and Click on the Contract Info option located in the Actions and Views section 

of the page. 

2. Review the information in the Contract Section of the screen (Bid & Contract Number, Bid Due Date, 

Contract Award Date, Work Description, Contract Amount, Amount of Self-Performed and estimated & 

actual contract start and completion dates). In the Change Request section identify any correction or 

updates to the information. Also include the name of any 

subcontractors, address, contact name and phone number. 

3. Use the Submit button to forward your changes to the administration 

staff. Please note that changes recorded in this section of the database 

will not automatically be posted to the database. 

4. After Submission of your changes, return to the main page by closing 

the screen. Use the ⌧ on the upper right hand corner of the screen. 

Complete and/or updated Web Instructions 

Complete and/or updated Web Instructions are available on the web page. To locate, click on the Document 

Management option in the Other Navigation section of the screen. 

1. Click on the Reference Material category. 

2. Click on the Web Instructions Document Name to download or view the document. 




Rev. 0002

FORMS 

Exhibit 2 

Page 132 of 379 

8 

Forms 

This section contains the forms needed for reporting claims, 

reporting payroll and administration of the OCIP. Aon Forms 3-5 

should be reported on-line at: https://www.aonwrap.aon.com 

This section contains the following forms: 

Aon Form-3 

Aon Form-4 

Aon Form-5 

Aon Form-A 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Enrollment Application 

Monthly On-Site(s) Payroll Report 

Notice of Work Completion 

Notice of Award 

Sample Certificate of Insurance – Enrolled Contractors and Subcontractors 

Sample Certificate of Insurance – Excluded Contractors and Subcontractors 

Workers’ Compensation Claim Form 

Broward County Loss Notice 

Note: 

For assistance in completing these forms, please contact the Insurance Administrator listed below: 

Aon Risk Services – Diana Schrader , Program Administrator 

Phone: 407.804.2418 

Fax: 407.804.1077 

Email: Diana.Schrader@aon.com 




Rev. 0002

Exhibit 2 

Page 133 of 379 

Form-3 

Enrollment Application Form 3 

Numbers reference attached instructions 

BROWARD COUNTY, FL 

Page 1 of 3 

Examine your current Workers’ Compensation and General Liability Policies or contact your Insurance Agent to assist you 

with completing this form. *** NOTICE *** Enrollment is not automatic and requires the satisfactory completion of the Aon 

Form-1a or Form-1b, Form-2 and Form-3. In addition, submit a Certificate of Insurance providing evidence of your off- 

Site(s) coverage. Please refer to the Insurance Manual for coverage requirements. 

A. Contractor Information: Federal ID # or Soc. Sec. #: 

1 

Company Name & dba: 

Contact Name & Title: 

Address: 

u Business Information (headquarters) 

2 3 

u Contact Information (address questions to..) 

City, State Zip Code: 

Telephone: 

Fax: 

Email Address: 

Indicate your Organization’s Structure: 4 

Corporation 

Joint Venture 

Partnership 

Sole Proprietor 

S-Corporation 

Other _____________________________ 

Contract No.: 

B. CONTRACT INFORMATION: 


Date Contract Awarded: 2 

Description of Work: 3 

Proposed Contract Price $: 4 Are you Submitting a bid to BROWARD COUNTY 6 Yes No 

Amount of Self Performed Work $: 5 If No, identify to whom: 7 

7 Actual 

8 Actual 

Start Date: 

Estimated 

Completion Date: 

Estimated 

C. Contacts: (Complete if Applicable) 

Position 1 Name & Title 2 Phone 3 Fax 4 email address 

Project Mgr: 

Res. Engineer: 

Insurance: 

Contract Admin: 

Payroll: 

Claims: 

Safety Rep: 

Provide Location of payroll records if 5 

different than Corporate address: 

Phone: 

City, State, Zip Code: 

Fax: 

D. Workers’ Compensation Insurance Information for Work Described Above: (attach a separate sheet if necessary) 

a 

State 

b 

Class Code 

c 

Description 

d 

Man-hours 

1 

e 

Payroll 

Totals 

2 3 

E. Provide your current Off-Site(s) Workers’ Compensation Information: (for each state you will perform work in) 

Applicable State Risk ID Number Rating Bureau Anniversary Rating Date 

1 2 3 4 

Your WC Insurance Carrier: 

5 

Policy #: 

6 

Effective Date: 

7 

Expiration Date: 

8

Enrollment Application Form 3 

BROWARD COUNTY, 

Exhibit 2 

FL 

Form-3 Numbers reference attached instructions 

Page 134 of 379 

Page 2 of 3 

F. Subcontract Information: List all Subcontractors that will be working for you on this project (complete the information in the following table). Use additional paper if 

necessary: 

1 

Subcontractor 

2 

Subcontract $ 

3 

Contact Person 

4 

Address 

5 6 

Phone Number Estimated Start Date 

G. Enrollment Questions: Answer each question. Use additional paper if necessary. 

1 

Will you have any off-Site(s) location(s) 100% dedicated to this project Yes No If yes, please provide address: 

2 

3 

Please check if: Any aircraft used on this project Any watercraft used on this project 

Please indicate if labor from the following sources will be used: Employee Leasing Firm Temporary Labor Agency 

4 

Employee Leasing Company Name 

5 

Employee Leasing Company address 

6 

Employee Leasing Company Ctiy, State and Zip 

7 

What is your firm’s Worker’s Compensation Experience Modifier (EMR) 

H. WARRANTY APPLICABLE TO PROGRAM INSURANCE COVERAGE 

1 

2 

3 

4 

5 

6 

Premiums for this Program are the responsibility of BROWARD COUNTY and I agree any and all return of premium, dividends, discounts, or 

other adjustments to any Program policy(ies) is assigned, transferred and set over absolutely to BROWARD COUNTY. This assignment 

applies to the Program policy(ies) as now written or as subsequently modified, rewritten or replaced. Rights of Cancellation for all 

Program insurance policy(ies) arranged by BROWARD COUNTY are assigned to BROWARD COUNTY. 

I will pay the cost of premium(s) for non-Program insurance coverage, specified in the Contract Documents. 

I authorized the release of all claim information for all insurance policies under this Program. 

It is my responsibility to notify my insurance carrier(s) that I am en in this Program. 

I have omitted from my bid the insurance costs for the coverage provided by BROWARD COUNTY. I further agree to the Aon Verified 

Insurance Cost Rate as described in the Insurance Manual. 

The statements in this insurance application are true to the best of my knowledge. 

I. Signature Block : I verify the information presented above and attachments are correct: 

Name: 

Title: 

(please print) 

Date: 

Signature: 

Note: Information can be submitted on-line at www.aonwrap.aon.com. Please contact your Administration Staff to obtain a 

user ID and Password. 

Fax or Mail to: Diana Schrader Phone: 407.804.2418 

Aon Risk Services, Inc. of Florida Fax: 407.804.1077 

400 International Parkway, Suite 100 Email: Diana.Schrader@aon.com 

Heathrow, FL 32746

Exhibit 2 

Page 135 of 379 

Enrollment Application 


Form-3 

Instruction 

Page 3 of 3 

This form must be completed and submitted by each successful Contractor and Subcontractor of any tier prior to Site(s) mobilization for each contract 

awarded. The Contractor and Subcontractor will submit the completed form to Aon Risk Services. Upon receipt of this form, Aon will issue to the Contractor or 

Subcontractor a Certificate of Insurance evidencing coverage in the Controlled Insurance Program. The completed Certificate of Insurance and Workers’ 

Compensation insurance policy will be mailed to the Enrolled party. 

A. Contractor Information 

1 Enter your company’s Federal ID number. This number can be found on filings made to the federal government such as your tax return. 

2 Enter your company’s name, mailing address and phone/fax number for your company’s primary office location. 

3 Enter the name of the person Aon should contact if questions arise. Include mailing address, phone/fax and email address, if different than A2. 

4 Identify your company’s legal structure by checking the box that applies. If the correct legal structure is not specifically listed, please check the “Other” box and 

specify in the space provided. 

B. Contract Information 

1 Enter the Contract Number or Purchase Order Number that was included in BROWARD COUNTY’s originating documentation. 

2 Supply the Date this Contract was awarded to your organization. 

3 Provide a brief description of the work you will be performing at the project Site(s). 

4 Identify the total amount of your contract. 

5 Identify the amount of work that you anticipate will be self-performed. 

6 Check the appropriate box that identifies if you contract directly with BROWARD COUNTY or are a Subcontractor. 

7 If you are a Subcontractor, identify the entity with whom you are under contract. 

8 Enter the Date you anticipate starting work and then mark whether the date provided is actual or estimated. 

9 Enter the Date you anticipate completing the described work and then mark whether the date provided is actual or estimated. 

C. Contacts (Requested Contact information is for specific functions. It is possible to have a single person fulfill multiple responsibilities.) 

1 Identify the name of the person and their title for each function. These individuals should be located, if at all possible, on-Site(s). 

2 Provide the phone number for each person identified above. 

3 Provide the fax number for each person identified above. 

4 Provide the email address for each person identified above, if applicable. 

5 Identify the physical location where your payroll records are retained. Provide the Address, City, State, Zip Code, Telephone, Fax Number and Email Address of 

the person responsible for maintaining the payroll information. 

D. Workers’ Compensation Information (Duplicate or attach additional sheets if necessary. You may create an electronic version of this document if all requested information is included.): 

1 a Enter the two letter abbreviation for the state in which the work will be performed. 

b Enter each Workers’ Compensation class code that applies to the work identified in B2. (Most states use a 4 digit Number) 

c Enter the Workers’ Compensation class code description that applies to the work identified in D1b. 

d Enter the estimated Man-hours required to complete the described work by Workers’ Compensation class code. 

2 

e Enter the estimated Payroll required to complete the described work for each Workers’ Compensation class code. Use only unburdened payroll and exclude the premium 

portions of any overtime pay. 

Total all estimated Man-hours for each class code. Be sure to include information from additional pages if used. 

3 Total all estimated Payroll for each class code. Be sure to include information from additional pages if used. 

E. Current Off-Site(s) Workers’ Compensation Information (Information relates to your corporation’s existing coverage; identify each modification factor that applies.) 

1 Enter the State that the Modification Information applies to. 

2 Enter your Bureau File Number also referred to as your Risk Identification Number. This number can also be found on your Modification worksheets. 

3 Enter the Bureau Rating Agency. In most states this is NCCI. 

4 Provide your Company’s Anniversary Rating Date. Information can be located on your bureau’s WC Experience Modification worksheets. 

5 Identify your insurance carrier for Workers’ Compensation Coverage. 

6 Provide your Workers’ Compensation Policy Number. 

7 Provide the effective date of your Workers’ Compensation policy. 

8 Provide the expiration date of your Workers’ Compensation policy. 

F. Subcontractor Information (Provide the following information for each Subcontractor that will be performing work at the project Site(s). Use additional sheets, if necessary.) 

1 Identify the name of the Subcontracting firm. 

2 Provide the estimated value of the subcontracted activity. 

3 Provide a contact name, preferably the project manager, for the Subcontractor. 

4 Provide the mailing address for the Subcontractor. 

5 Provide the phone number for the Subcontractor. 

6 Provide the date the Subcontractor is scheduled to begin work. 

G. Enrollment Questions 

1 Determine if you will have any locations, off-Site(s), that will be 100% dedicated to this project. Include material/supply storage as a possible location. Mark the 

appropriate box (yes/no). If you answer yes – provide the address of each location you identified as 100% dedicated. 

2 Mark the box or boxes that apply. Contemplate only work performed under this contract. 

3 Mark the box or boxes that apply. Employee Leasing Firm are those firms that supply the labor force for your company (You direct the activities of the Leasing 

Company’s employees). Temporary Labor Firms supplement your labor force. 

H. Warranty Statements: 

1-6 Read each Warranty statement thoroughly. If you have questions regarding any of these statements, contact the Aon administrator identified on page 2. 

I. Signature Block: This form must be signed by a representative of your company knowledgeable of its accuracy. 

Forward the completed Enrollment Application to the Aon administrator identified at the bottom of page 2 of this form. The administrator prior to 

the start of your work on-Site(s) must receive this form.

Form-4 

Monthly On-Site(s) Payroll Report Form 4 


Exhibit 2 

Page 136 of 379 


Page 1 of 2 

Complete a Separate Form for Each Contract with BROWARD COUNTY. 

Your report is due to the Aon Insurance Administrator, identified below, no later than the 10 th day of the succeeding month. 

Complete this report even though no work was performed; enter zero (0) for the Reportable Payroll. 

Delay in providing this report may result in payments being withheld. 

A. REPORT IDENTIFICATION 

B. ACTIVITY REPORT 

Period Beginning: 

1 

Period Ending: 

2 

Year: 

3 

4 

Contractor: 

5 

Under Contract with: 

Contract #: 

6 


1 

a b 

c d e f 

State Workers’ Comp. 

Work Description Man-Hours Gross Payroll Reportable Payroll * 

Class Code 

2 3 4 

TOTALS: 

* Do not include premium (excess) overtime wages, use straight time wage rates only. You must also comply with all rules set forth by the Workers Compensation Bureau in the 

state in which the work is performed. 

C. ADDITIONAL DATA REQUIREMENTS : 

1. 

2. 

3. 

D. Signature Block : I verify the information presented above and attachments are correct: 

Name: 

Title: 

(please print) 

Date: 

Signature: 

CHECK IF THIS IS YOUR LAST PAYROLL REPORT. COMPLETE AN AON FORM-5 “NOTICE OF WORK COMPLETION” AND INCLUDE 

WITH THIS PAYROLL REPORT. 

Note: Information can be submitted on-line at www.aonwrap.aon.com. Please contact your Administration Staff to 

obtain a user ID and Password. 



400 International Parkway, Suite 100 Email: Diana. Schrader@.aon.com 

Heathrow, FL 32746

Form-4 

On-Site(s) Payroll Report 

Instruction 

Exhibit 2 

BROWARD COUNTY, Page 137 FL of 379 

Page 2 of 2 

The Contractor and every Subcontractor of any tier performing work at the Project Site(s) for each Contract awarded 

must complete this form each month. The Contractor/Subcontractor must attach the completed report to their 

monthly pay request in order to receive interim payment. Contractors will be responsible for the submission of this 

form by their Subcontractors. Aon Risk Services can forward a supply of these forms to your company upon request. 

A. Report Identification 

1 Fill in the month and day for the beginning of the period you are reporting on. 

2 Fill in the month and day for the ending of the period you are reporting on. 

3 Fill in the year that applies to the reporting period. 

4 Enter the name of your firm. 

5 If you are a Subcontractor, identify the name of the firm you are contracted to. If you are a Prime Contractor enter N/A 

6 Provide your Contract Number 

B. Activity Report 

1 For each Workers’ Compensation Class Code that applies to work performed during the reporting period, provide the 

following information: 

a Identify the state in which the work was performed. 

b Identify the Workers’ Compensation Class Code that applies to the work performed during the period. (Most states use a four 

digit No.) 

c Provide a brief description of the work by class code. 

d Identify the number of Man-hours worked by your employees for each applicable class code. 

e Provide the Gross Payroll paid to your employees. This should include overtime pay and vacation pay. 

f Determine the Reportable Payroll. Reportable Payroll does not include the premium portion of any overtime pay (i.e. 45 

hours X $10.00/hr = 450.00 do not include the premium overtime pay of $5.00 for the 5 hours of overtime) 

2 Total the Man-hours provided on the payroll report. 

3 Total the Gross Payroll provided. 

4 Total the Reportable Payroll. 

C. Additional Data Requirements: If questions are listed in this section of the form, they are unique to this project. Please refer 

to the Insurance Manual. 

D. Signature Block: This form must be signed by a representative of your company with the authority to Verify the information is 

correct. 

Note: Information can be submitted on-line at www.aonwrap.aon.com. Please contact your Administration Staff to obtain a user ID and 

Password.

Form-5 

Notice of Work Completion Form 5 


A. General Information 

1 

Contractor: 

2 

Under Contract with: 

Contract #: 

3 

(Project Name) 

4 

Description of Work Performed: 

5 

Date Work Completed: 

6 

Date this Contract Completed: 

Exhibit 2 

Page 138 of 379 


Page 1 of 2 

B. Work Completion 

The following Subcontractors have completed their Work at the Project Site(s): 

(Add attachment if more space is needed) 

1 

a b c d 

Subcontractor’s Name Contract Number Description of Work Date Completed 

Location of your payroll records (Receipt of this form will initiate the payroll audit process): 

Address: 

2 

City, State, Zip Code: 

Contact/Phone #: 

C. Signature Block 

The undersigned acknowledges request for termination of Coverage under the OCIP as of the date indicated above for the specified Contract. Should we return to the 

work Site(s), we will be working under our own insurance program and must provide BROWARD COUNTY with a Certificate of Insurance showing our own Coverage 

as detailed in our contract. 

SIGNED BY: 

1 

Name & Title 

Date 

APPROVED BY: 

2 

Construction Manager (Name & Title) 

Date 



400 International Parkway, Suite 100 Email: Diana. Schrader@aon.com 

Heathrow, FL 32746

Form-5 

Notice of Work Completion 

Instruction 

Exhibit 2 

Page 139 of 379 


Page 2 of 2 

This form will be completed and returned to the OCIP Administrator by the contractor or Subcontractor 

whenever work is completed for each Contract or Subcontract. This form will initiate the final payroll 

audit process for the Contractor/Subcontractor identified in item 1. Final Payments and Release of 

Retainage will not occur until all payroll work is complete and finalized. 


1 

Provide the name of the Contractor completing their work. 

2 

Provide the name of the Entity this Contractor has a contract with. 

3 

Enter the contract number for the work being completed. 

4 

Provide a brief description of the work being completed. 

5 

Provide the Date the Work was completed. 

6 

Provide the Date the Contract was completed, if other the work completion date. 

B. Work Completion 

1a 

Enter the name of each Subcontractor that performed work for you that has also completed their 

work. 

b 

Enter Subcontractors Contract Number. 

c 

Provide a brief description of their work. 

d 

Provide the Date they completed their work. 

2 

Identify the physical location of where your payroll records are retained. Provide the Address, 

City, State, Zip Code, Contact Name and Telephone Number of the person responsible for 

maintaining the payroll information for audit purposes. 

C. Signature Block 

1 

This form must be signed by a representative of your company with the authority to Verify that 

the information is correct. 

2 

Have this form approved by the Construction Manager for the Project Site(s).

Form-A 

Exhibit 2 

BROWARD COUNTY, Page 140 FL of 379 

Notice of Award Page 1 of 1 

The following contractor has been awarded a contract on the above named project: 

Project: 

Contractor Name: 

Contact Name: 

Contractor Address: 

City, State, Zip: 

Contractor Federal ID #: 

Contractor Phone Number: 

Contractor Fax Number: 

Contractor E-Mail Address: 

Contract Number: 

Description of Work: 

Contract Amount: 

Estimated Start Date: 

Estimated Completion Date: 

Contractors Required GL Limits:: 

Check if Contractor is to be Enrolled in the OCIP: 

Check if Contractor is to be Excluded from the OCIP: 

____________________________________________________________________ 

_______________________________________________ 

Signature Block 

The undersigned acknowledges request for enrollment / Exclusion of (Sub) Contractor under the OCIP as of the date indicated above for the specified Contract. 

SIGNED BY: 

Name & Title 

Date 

APPROVED BY: 

General Contractor (Name & Title) 

Date 



400 International Parkway, Suite 100 Email: Diana.Schrader@aon.com 

Heathrow, FL 32746

Exhibit 1 – Sample Certificate of Insurance for Enrolled Contractors 

Exhibit 2 

Page 141 of 379 

ACORD© CERTIFICATE OF INSURANCE ISSUE DATE: CURRENT DATE 

PRODUCER 

Insurance Agent’s Name 

And Address 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 

UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 

COVERAGE AFFORDED BY THE POLICIES BELOW 

TELEPHONE # 

COMPANIES AFFORDING COVERAGE 

INSURED COMPANY A INSURANCE CARRIER 

LETTER 

COMPANY 

Subcontractor’s Name and Address and contract number B INSURANCE CARRIER 

LETTER 

Sample Certificate for Enrolled Contractors COMPANY C INSURANCE CARRIER 

LETTER 

Required Insurance 

COMPANY D 

LETTER 

COVERAGES 

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 

OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 

LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 

CO 

LT 

R 

A 

TYPE OF 

INSURANCE 

POLICY NO. POLICY EFF. 

DATE 

POLICY 

EXP. DATE 

MM/DD/YY MM/DD/YY 

GENERAL LIABILITY 

COMMERCIAL GEN. 

LIABILITY 

Policy Number 

CLAIMS MADE OCCUR. 

SPONSOR'S & 

CONTRACTOR'S PROT. 

PER PROJECT 

AGGREGATE 

ENDORSEMENT 

ALL LIMITS 

GENERAL AGGREGATE $2,000,000 

PRODUCTS-COMP/OPS 

$2,000,000 

AGGREGATE 

PERSONAL & ADVERTISING $1,000,000 

INJURY 

$1,000,000 

EACH OCCURRENCE 

FIRE DAMAGE (Any one fire) $ 

MEDICAL EXPENSE (Any one $ 

person) 

A 

B 

A 

C 

AUTOMOBILE LIABILITY 

ANY AUTO 

ALL OWNED AUTOS 

SCHEDULED AUTOS 

HIRED AUTOS 

NON-OWNED AUTOS 

EXCESS LIABILITY 

UMBRELLA 

OTHER THAN UMBRELLA 

FORM 

WORKER’S COMPENSATION 

AND 

EMPLOYER'S LIABILITY 

OTHER: 

Policy Number 

Policy Number 

Policy Number 

Policy Number 

COMBINED SINGLE LIMIT $1,000,000 

BODILY INJURY (Per person) 

BODILY INJURY (Per accident) 

PROPERTY DAMAGE 


AGGREGATE 

STATUTORY LIMITS FL 

(Each accident) $1,000,000 

(Disease-policy limit) $1,000,000 

(Disease-each employee) $1,000,000 

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: 

Broward County Board of Commissioners, its commissioners, officers, directors, agents, employees, related entities, authorized representatives, servants, and 

assigns are Additional Insureds on a Primary and Non-Contributory basis for General Liability, Automobile Liability and Excess/Umbrella coverage. Waiver of 

Subrogation in favor of Certificate Holder and all Contractors and Subcontractors applies to all policies. General Liability and Worker’s Compensation apply Off- 

Site(s). 

CERTIFICATE HOLDER 

CANCELLATION 

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 

Broward County Board of County Commissioners 

EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 

c/o Aon Risk Services, Inc. 

30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 

400 International Parkway, Suite 100 

BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 

Heathrow, Florida 32746 

LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR 

Attention: Diana Schrader REPRESENTATIVES. 

Fax: 407.804.1077 

AUTHORIZED REPRESENTATIVE 

Email: Diana.Schrader@aon.com By: original signature 

ACORD 25-S (3/93) © ACORD CORPORATION 1993

Exhibit 2 –Sample Certificate of Insurance for EXCLUDED Contractors 

Exhibit 2 

Page 142 of 379 

ACORD© CERTIFICATE OF INSURANCE ISSUE DATE: CURRENT DATE 

PRODUCER 

Insurance Agent’s Name 

And Address 

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 

UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 

COVERAGE AFFORDED BY THE POLICIES BELOW 

TELEPHONE # 

COMPANIES AFFORDING COVERAGE 

INSURED COMPANY A INSURANCE CARRIER 

LETTER 

COMPANY 

Subcontractor’s Name and Address and contract number B INSURANCE CARRIER 

LETTER 

Sample Certificate for Excluded Contractors COMPANY C INSURANCE CARRIER 

LETTER 

Required Insurance 

COMPANY D 

LETTER 

COVERAGES 

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 

OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 

LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 

CO 

LT 

R 

A 

TYPE OF 

INSURANCE 

POLICY NO. POLICY EFF. 

DATE 

POLICY 

EXP. DATE 

MM/DD/YY MM/DD/YY 

GENERAL LIABILITY 

COMMERCIAL GEN. 

LIABILITY 

Policy Number 

CLAIMS MADE OCCUR. 

SPONSOR'S & 

CONTRACTOR'S PROT. 

PER PROJECT 

AGGREGATE 

ENDORSEMENT 

ALL LIMITS 

GENERAL AGGREGATE $7,000,000 

PRODUCTS-COMP/OPS 

$7,000,000 

AGGREGATE 

PERSONAL & ADVERTISING $6,000,000 

INJURY 

$6,000,000 

EACH OCCURRENCE $50,000 

FIRE DAMAGE (Any one fire) $5,000 

MEDICAL EXPENSE (Any one 

person) 

A 

B 

A 

C 

AUTOMOBILE LIABILITY 

ANY AUTO 

ALL OWNED AUTOS 

SCHEDULED AUTOS 

HIRED AUTOS 

NON-OWNED AUTOS 

EXCESS LIABILITY 

UMBRELLA 

OTHER THAN UMBRELLA 

FORM 

WORKER’S COMPENSATION 

AND 

EMPLOYER'S LIABILITY 

OTHER: 

Policy Number 

Policy Number 

Policy Number 

Policy Number 

COMBINED SINGLE LIMIT $1,000,000 

BODILY INJURY (Per person) 

BODILY INJURY (Per accident) 

PROPERTY DAMAGE 


AGGREGATE 

STATUTORY LIMITS FL 

(Each accident) $500,000 

(Disease-policy limit) $500,000 

(Disease-each employee) $500,000 

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: 

Broward County Board of Commissioners, its commissioners, officers, directors, agents, employees, related entities, authorized representatives, servants, and 

assigns are Additional Insureds on a Primary and Non-Contributory basis for General Liability, Automobile Liability and Excess/Umbrella coverage. Waiver of 

Subrogation in favor of Certificate Holder and all Contractors and Subcontractors applies to all policies. All coverages apply On & Off-Site(s). 

CERTIFICATE HOLDER 

CANCELLATION 

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 


EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 

c/o Aon Risk Services, Inc. 

30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 

400 International Parkway, Suite 100 

BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 

Heathrow, Florida 32746 

LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR 

Attention: Diana Schrader REPRESENTATIVES. 

Fax: 407.804.1077 

AUTHORIZED REPRESENTATIVE 

Email: Diana.Schrader@aon.com By: original signature 

ACORD 25-S (3/93) © ACORD CORPORATION 1993

Exhibit 3 – First Report of Injury or Illness 

Exhibit 2 

RECEIVED BY CARRIER SENT TO DIVISION 

Page 

DIVISION 

143 of 

REC'D 

379 

DATE 

FIRST REPORT OF INJURY OR ILLNESS 

FLORIDA DEPARTMENT OF FINANCIAL SERVICES 

DIVISION OF WORKERS' COMPENSATION 

For assistance call 1-800-342-1741or contact your local EAO 

Office. Report all deaths within 24 hours 1-800-219-8953 or (850) 

922-8953 

PLEASE PRINT OR TYPE 

EMPLOYEE INFORMATION 

Name (First, Middle, Last) Social Security Date of Accident Time of 

Home Address 

Employee's Description of Accident (Include Cause of injury) 

Street/Apt #: 

City: 

State: 

Zip: 

Telephone: 

OCCUPATION 

Cause of Injury: 

DATE OF BIRTH SEX INJURY/ILLNESS THAT OCCURED PART OF BODY AFFECTED 

EMPLOYER INFORMATION 

Company FEDERAL ID NUMBER (FEIN) DATE FIRST REPORTED 

D.B.A.: 

Contact: 

Street: NATURE OF BUSINESS POLICY/MEMBER NUMBER 

City: 

State : FL Zip: 

Telephone Number: DATE EMPLOYED PAID FOR DATE OF INJURY 

Employer's Location Address (if different) 

LAST DATE EMPLOYEE WORKED 

WILL YOU CONTINUE TO PAY WAGES 

INSTEAD OF WORKERS’ COMP 

Street: RETURNED TO WORK LAST DAY WAGES WILL BE PAID INSTEAD 

OF WORKERS’ COMP 

City: 

State: FL Zip: 

IF YES, GIVE DATE 

RATE OF PAY PER 

Location # : 

Hour 

Week 

Day 

Month 

Place of Accident (street, city, Zip) DATE OF DEATH (If applicable) Number of hours per day 

Street: 

AGREE WITH DESCRIPTION OF 

Number of hours per week 

ACCIDENT 

City: 

Number of days per week 

State: Zip: 

County of Accident: 

NAME, ADDRESS AND TELEPHONE OF 

Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, 

OF PHYSICIAN OR HOSPITAL 

Physician: 

insurance company, or self-insured program, files a statement of claim containing any false or 

misleading information commits insurance fraud, punishable as provided in s. 817.234. Section 

440.105(7), F.S. I have reviewed, understand and acknowledge the above statement. 

____________________________________ _______ 

Employee Signature Date Hospital: 

Employee Signature 

_______ 

Date 

AUTHORIZED BY EMPLOYER 

CLAIMS-HANDLING ENTITY INFORMATION 

1(a) Denied Case - DWC-12, Notice of Denial Attached 2. Medical Only which became Lost Time Case (Complete all required information in #3) 

1(b) Indemnity Only Denied Case - DWC-12, Notice of Denial Attached Employee’s 8TH Day of Disability _______ / ______ / _______ 

Entity’s Knowledge of 8TH Day of Disability ______ / _______ / _______ 

3. Lost Time Case - 1st day of disability ____ / ____ / ____ Full Salary in lieu of comp YES Full Salary End Date ______/ ______ / ______ 

Date First Payment Mailed _________ / _________ / _________ AWW ____________________________ Comp Rate ____________________________ 

T.T. T.T. - 80% T.P. I.B. P.T DEATH SETTLEMENT ONLY 

Penalty Amount Paid in 1st Payment $___________ Interest Amount Paid in 1st Payment $__________ 

REMARKS: 

INSURER NAME 

INSURER Code EMPLOYEE'S RISK CLASS CODE EMPLOYER'S NAICS CODE 

Old Republic General 

Service Co/TPA Code # CLAIMS-HANDLING ENTITY FILE # 

Yes 

Form DFS-F2-DWC-1 (08/2004)

Exhibit 2 

Page 144 of 379

Exhibit 2 

Page 145 of 379

Exhibit 2 

Page 146 of 379 

OCIP SAFETY AND LOSS PREVENTION 

MANUAL 

PRESENTED BY 

BROWARD COUNTY BOARD OF COUNTY 

COMMISSIONERS 

and 

Aon Risk Services 

6/21/2010

TABLE OF CONTENT 

Exhibit 2 

Page 147 of 379 

PROJECT SAFETY POLICY 1 

INTRODUCTION 2 

A. General Information 2 

B. Contractor’s Safety and Loss Prevention Program 3 

C. Broward County OCIP Safety Team 3 

D. Drug Free Work Environment 3 

DEFINITIONS 4 

ACRONYMS 6 

RESPONSIBILITIES 7 

A. Contractor 7 

B. Subcontractor 9 

C. Broward County OCIP Safety Team 9 

SAFETY AND HEALTH PROCEDURES 11 

A. Motor Vehicles and Construction Equipment 11 

B. Excavations and Trenching 11 

C. Material Handling and Storage - Flammable and Toxic Materials 11 

D. Personal Protective Equipment 11 

Fall Protection 13 

E. Scaffolding 14 

F. Welding and Cutting 16 

G. Electrical 16 

Lock-Out Procedures 16 

H. Powder Actuated Tools 18 

I. Steel Erection 18 

J. Work Platforms Suspended From Cranes 18 

L. Fire Prevention and Protection 19

Exhibit 2 

Page 148 of 379 

M. Job Safety Analysis 20 

ORIENTATION 21 

A. Scope 21 

B. Documentation 21 

C. Facility 21 

SAFETY TRAINING 22 

A. Required Safety Training 22 

B. Other Safety Training Available 22 

RECORD KEEPING REQUIREMENTS 23 

A. Introduction 23 

B. Posters 23 

C. Signs 23 

D. Instructions for Completion and Filing of Records 23 

ADMINISTRATIVE POLICIES 25 

A. OSHA Inspections 25 

B. Accident and Incident Investigations 25 

HAZARDOUS CHEMICALS 27 

A. Hazardous Materials and Hazardous Waste 27 

B. Material Safety Data Sheets (MSDS) 27 

EMERGENCY PROCEDURES 28 

A. Emergency Management Plan 28 

B. Emergency Notification 28 

C. Emergency Medical Transportation 29 

D. Severe Weather 29

Exhibit 2 

Page 149 of 379 

SECURITY 32 

A. Scope and Purpose 32 

B. Objective 32 

C. Security - Parking, Badging Procedures, Company Vehicles, Deliveries 32 

D. Security - General Project Rules and Regulations 34 

E. Contractor Security Responsibilities 34 

F. Contractors’ Employee Responsibility 34 

G. Enforcement 35 

H. Project Rules and Regulations 35 

APPENDIX 37 

FIRST REPORT OF INJURY OR ILLNESS 

CONTRACTOR’S DRUG TESTING CERTIFICATION 

HAZARD ASSESSMENT FORM FOR PPE 

A 

C 

D 

INCIDENT/ ACCIDENT INVESTIGATION FORM Report # H 

JOB SAFETY ANALYSIS (JSA) 

LOCK-OUT DOCUMENTATION 

ORIENTATION ACKNOWLEDGMENT FORM 

SAFE PLAN OF ACTION (SPA) 

SAFETY OBSERVATION 

TOOL BOX SAFETY MEETING 

CONTRACTOR MONTHLY REPORT OF WORK 

L 

M 

O 

P 

Q 

R 

S

PROJECT SAFETY POLICY 

Exhibit 2 

Page 150 of 379 

Each contractor has agreed to supervise and direct the work, using their best management skills and 

technical expertise. The contractor will be solely responsible for all construction means, methods, 

techniques, sequences, and procedures. This includes all safety precautions and programs in connection 

with the work as well as for coordinating all portions of the work. Each subcontractor, of any tier, likewise 

has agreed to be responsible for all safety precautions and programs in connection with the work under the 

prime agreement. 

Each contractor and subcontractor, of any tier, will present a written safety program to The OCIP Safety 

Team for review. This safety program will meet or exceed all applicable federal, state, county and city laws, 

statutes, regulations, codes, ordinances, and orders of those governing bodies having jurisdiction over the 

work and which will meet or exceed the guidelines set forth in Broward County OCIP Safety and Loss 

Prevention Program. This may also include Federal Aviation Administration, Transportation Security 

Administration Department of Homeland Security and Customs and Border Protection. 

This document serves to provide certain guidelines for the contractor and subcontractor, of any tier, to 

establish a safe and drug-free work environment. The guidelines outlined in this manual do not limit or 

prescribe the necessary safety or drug testing procedures the contractor or subcontractor, of any tier, must 

follow under Florida law. 

February 4, 2010 

Rev. 001 

1

INTRODUCTION 

Exhibit 2 

Page 151 of 379 

We, at Broward County have developed this manual to ensure pro-active safety processes are used on this 

project. You, as a contractor or subcontractor on this project have, a goal, to prevent injuries to all 

employees and the down time associated with incidents and accidents. The requirements of OSHA, the 

State of Florida, Broward County Risk Management and this manual establish the standards that your 

safety and loss prevention programs must meet or exceed. 

In addition to setting minimum standards, this manual promotes safety by facilitating on-site employee 

safety orientations designed to promote a safe work environment. 

With the state of affairs in the United States the safety and security of our citizens are of most importance. 

This includes our workers while performing work activities at projects covered under the Broward County 

OCIP. In addition to the above mentioned agencies, all contractors and employees will be held to 

regulations contained in the Federal Aviation Administration, the Transportation Security Administration for 

working on airports, Department of Homeland Security, Customs and Border Protection for all Broward 

County OCIP work. In addition to this information the most current Homeland security level will dictate how 

safety and health will be enforced. The most current FAA regulations will take precedence on the airport 

work site this is to keep in compliance with the requirement for the Broward County Aviation Department. 

The information in this manual is not intended to alter the provisions of the Agreement with Broward County. 

In the event of a conflict or inconsistency, the Agreement will govern. 


The OCIP Safety Team’s objective is to emphasize that protecting people and property are of 

paramount importance to the success of this project. To accomplish this objective we are utilizing a proactive 

safety process. 

The pro-active safety process is a practical approach to the prevention of accidents. The emphasis is 

on discovering what causes accidents and identifying where in the work processes those causes are 

likely to occur. Only by breaking the cycle of accident evolution can accidents be controlled. 

Accident prevention is a continuing process, not a fixed program. The OCIP Safety Team recognizes 

that contractors/subcontractors, of any tier, may have their own specific safety requirements. It is the 

responsibility of the contractor/subcontractor, of any tier, to identify to the OCIP Safety Team how their 

program may deviate from the guidelines set forth in this manual prior to any deviation. 

While it is the responsibility of each individual to work safely, it is ultimately the 

contractors’/subcontractors’ responsibility to see that all rules (safety and health) and practices are 

followed and enforced. Active participation by contractors and subcontractors in construction safety and 

loss prevention programs is mandatory. Contractors and subcontractors, of any tier, must demonstrate 

to their employees complete support and continuing involvement in all safety and loss prevention efforts. 

Safety is not to be sacrificed for production. Safety must be considered an integral part of the planning 

process. The goal of the OCIP Safety Team, along with the contractors/subcontractors of any tier, is to 

eliminate accidents. The contractor and subcontractor are charged with the responsibility for 

developing, adhering to, and enforcing the safety and loss prevention program. 


Rev. 001 

2

B. Contractor’s Safety and Loss Prevention Program 

Exhibit 2 

Page 152 of 379 

The contractor’s/subcontractor’s bid will include costs to establish and maintain a safety and loss 

prevention program that meets or exceeds the requirements contained in this manual. A written safety 

program must be submitted with the bid for review by the OCIP Safety Team 

Contractors/Subcontractors, of any tier, are solely responsible for carrying out their safety and loss 

prevention program. Therefore, the OCIP Safety Team requires that the contractors and subcontractors 

designate a competent on-site employee to carry out this responsibility. This employee is directly 

responsible for ensuring that their program and employee actions comply with the minimum safety 

standards required by federal, state and local codes and regulations, and the safety guidelines set forth 

in this manual. These programs may also be required to include any regulations required by the Federal 

Aviation Administration, Transportation Security Administration, Department of Homeland Security and 

Customs and Border Protection. 

C. Broward County OCIP Safety Team 

Aon Risk Services will monitor the project safety plan. 

The Aon Risk Services and Old Republic Construction Program Group on-site Safety Representatives 

are technical advisors to Broward County OCIP project management and is a resource to the 

contractors/subcontractors on site. Also, the On-Site Safety Representative is responsible for 

monitoring compliance with all policies and procedures established for the project. 

D. Drug Free Work Environment 

This project is a drug-free work environment. Contractors and subcontractors, of any tier, will maintain a 

drug-free environment in accordance with Florida law. Contractors/Subcontractors, of any tier, are 

responsible for testing any and all of their employees who work on the project for the presence of drugs 

or alcohol. 

Contractors and subcontractors, of any tier, will test their employees, as appropriate, throughout the 

construction process including testing at the time of any accident and to the extent necessary to 

implement drug-free work standards in accordance with Chapter 440, FLA. Stat. The OCIP Safety 

Team has the right to audit the records, at any time, in order to confirm that each employee who works 

on the project has been drug tested. In addition, contractors are responsible for ensuring that all of their 

subcontractors, of any tier, drug test their employees who report to work on the project in order to 

maintain a drug-free work environment. 

Contractors and subcontractors, of any tier, are to include the cost of drug testing in their bid. 

All confidential records regarding employee drug testing will need to be maintained by the contractors 

and subcontractors in a manner consistent with Florida law. 

It is the responsibility of contractors and subcontractors, of any tier, to direct their employees and new 

hires to report to a medical laboratory for the appropriate testing at times convenient to the contractors, 

subcontractors, their employees and new hires in accordance to Florida law. The medical laboratory will 

report the test results directly to the contractors and subcontractors. The contractors and 

subcontractors, of any tier, will certify to the OCIP Safety Team that employees who report to work on 

the site have been tested prior to Project Security issuing the site access clearance and the security 

badges. 


Rev. 001 

3

DEFINITIONS 

Exhibit 2 

Page 153 of 379 

The following acronyms and titles may not reflect the actual titles and acronyms in use by all entities on this 

project and do not have any force or effect beyond their use in the Safety Standards. Due to such 

differences in nomenclature among Owners and Contractors, the following are used throughout the OCIP 

Safety Standards to establish the functional framework for the OCIP Safety Program. 

Aon Risk Services (ARS). The party responsible for brokering and administering the OCIP Insurance 

Program and developing and monitoring compliance with the Safety Standards. 

Authorized Person. (In reference to an employee's assignment) Selected by the employer for that purpose. 

Broward County OCIP Team. This is the management team that represents the safety and health interests 

of the OCIP in the prevention of insurance losses on all Broward County OCIP projects. The team includes 

Broward County project management, Broward County risk management, Aon safety representatives and 

representatives from the insurance carrier. 

Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings 

or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has 

authorization to take prompt corrective measures to eliminate them. 

Contractor. The entity with which the Owner enters into this contract. 

Employee. Person employed by an Employer as defined by this section. 

Employer. Firm or entity that has Employees working on site and is enrolled in the OCIP program. The term 

Employer includes the Contractor and Subcontractors of all tiers. 

OCIP Safety Team. Aon, Old Republic Construction Program Group (Insurance Carrier), or 

Broward County Risk Management representative(s) responsible for monitoring, evaluating and 

coordinating the Contractor’s safety, health, and environmental compliance. 

OSHA. OSHA as used in the context of these Safety Standards refers to Federal agency with jurisdiction 

over workplace occupational safety and health at the project site. 

Owner Controlled Insurance Program (OCIP). Owner’s wrap-up insurance program which provides 

insurance coverage for eligible and enrolled owner’s representatives, Contractors, and Subcontractors of 

any tier, working on any of the Broward County OCIP project sites. The Owner identifies program 

participants. 

Qualified Person, Attendant or Operator. A person designated by the employer who by possession of a 

recognized degree, certificate, or professional standing, or who, by extensive knowledge, training and 

experience, has successfully demonstrated his/her ability to solve or resolve problems relating to the 

subject matter, the work, or the project. 

Site-Specific Safety Program (SSSP). The Employer’s Site-Specific Safety Program prepared in 

accordance with the requirements of this document and the Contract. 


Rev. 001 

4

Exhibit 2 

Page 154 of 379 

Subcontractor. Firm or other entity awarded work by a Contractor on a particular construction project. 

Subcontractor as used herein shall apply to all tiers of Subcontractors, as well as vendors and service 

providers performing work for the benefit of the Contractor. For the purposes of the Safety Standards, 

vendors, suppliers, and service providers on the project for the furtherance of the project are covered by this 

definition and are subject to the provisions of the Safety Standards even though they may not be enrolled in 

the OCIP. 


Rev. 001 

5

ACRONYMS 

Exhibit 2 

Page 155 of 379 

Following is a list of acronyms used in this document. 

ABC 

AGC 

ANSI 

ARM 

ARS 

ASP 

ASSE 

DHS 

CBP 

CDL 

CHST 

CPR 

CSP 

EPA 

FAA 

GVW 

HEPA 

JSA 

LEL 

MSDS 

MUTCD 

NEC 

NFPA 

NSC 

OCIP 

OSHA 

PPE 

PSP 

RIMS 

RPM 

SMS 

SSSP 

TSA 

UL 

USDOT 

Associated Building Contractors 

Associated General Contractors of America 

American National Standards Institute 

Associate in Risk Management 

Aon Risk Services 

Associate Safety Professional 

American Society of Safety Engineers 

Department of Homeland Security 

Customs and Border Protection 

Commercial Drivers License 

Certified Safety and Health Technician 

Cardio Pulmonary Resuscitation 

Certified Safety Professional 

Environmental Protection Agency 

Federal Aviation Administration 

Gross Vehicle Weight 

High Efficiency Particulate Air 

Job Safety Analysis 

Lower Explosive Limit 

Material Safety Data Sheet 

Manual on Uniform Traffic Control Devices 

National Electrical Code 

National Fire Protection Association 

National Safety Counsel 


Federal Occupational Safety and Health Administration 

Personal Protective Equipment 

Pro-Active Safety Process 

Risk and Insurance Management Society 

Revolutions per Minute 

Safety Management Systems 

Site-Specific Safety Program 

Transportation Security Administration 

Underwriters’ Laboratories 

United States Department of Transportation 


Rev. 001 

6

RESPONSIBILITIES 

Exhibit 2 

Page 156 of 379 

A. Contractor 

1. Expectations 

Contractors and subcontractors, of any tier, have the explicit responsibility to perform work in 

accordance with federal law (including both 29CFR1910 and 29CFR1926 statutes) and the State of 

Florida or Broward County requirements that may also include any regulations required by the Federal 

Aviation Administration, Transportation Safety Administration, Homeland Security or United States 

Customs. 

This is in addition to compliance with their own company requirements. Additionally, contractors and 

subcontractors are accountable for fulfilling the responsibilities listed in this section. 

If the prime contractor and his/her subcontractors of any tier have 50 or more combined total employees 

on site, either the prime contractor or his/her subcontractors must have a dedicated safety 

representative assigned to the site full time to carry out the duties described below. If the prime 

contractor and his/her subcontractors have fewer than 50 combined total employees on site, the prime 

contractor or his/her subcontractors can delegate these duties to an on-site supervisor (who we refer to 

as a safety designee). 

In situations where it is agreed upon that safety policies and requirements overlap, causing potential 

conflicts, the stricter requirement(s) will apply. 

2. On-Site Safety Representative or Designee 

The qualifications of the dedicated safety representative or safety designee must be submitted to the 

OCIP Safety Team for approval prior to assignment to the site. Approval will depend upon: 

 

 

 

Construction experience 

Knowledge of safety officer responsibilities 

Safety training as outlined on page twenty of this manual 

Specific responsibilities of the safety designee or dedicated safety representative include, but are not 

limited to the following: 

a) Employee Safety Orientation and Training 

 

 

 

 

 

 

Conduct orientation sessions for employees new to the site, prior to their beginning work. 

Participate in weekly tool box safety meetings; assist field supervisors, as requested, with 

meetings. 

Conduct weekly supervisor safety meetings. 

Instruct supervisors on safety rules and regulations. 

Instruct employees in the proper use and care of personal protective equipment. 

Instruct employees concerning special procedures (e.g. lock-out, excavation, confined space 

entry, FAA, TSA, DHS and CBP, etc.) as required by OSHA or this manual. 


Rev. 001 

7

Conduct hazard communication training. 

Conduct respiratory training as required. 

Conduct emergency evacuation training. 

Exhibit 2 

Page 157 of 379 

b) Record Keeping 

 

 

 

 

 

Complete OSHA, state, federal, company and project specific reports. 

Complete accident investigation reports. 

Complete inspection reports. 

Maintain training documentation. 

Complete and process Broward County OCIP safety and health reporting requirements, this 

includes but is not limited to inspections, incident/ accident reports and training logs. 

c) Safety Standards, Rules and Regulations Enforcement 

 

 

Authority to stop work. 

Authority to take immediate corrective action. 

Implement, maintain, and update, as required, conditions and project site specific safety 

policies and procedures. 

 

 

Interpret and implement site specific safety policies and procedures. 

Demonstrate, by example, proper safety behavior. 

d) First Aid/Medical Treatment 

 

 

 

Ensure first aid supplies are adequate. 

Investigate accidents and complete or obtain accident reports. 

Coordinate transportation of employees with minor injuries to contractor’s first aid station or 

designated medical facility. 

e) General Responsibilities 

Keep the OCIP Safety Team apprised of any safety related problems that have or may 

develop. 

 

 

 

Conduct work area safety inspections and forward results to the OCIP Safety Team. 

Conduct investigations of all accidents and incidents and forward reports to the OCIP Safety 

Team. 

Compile OSHA statistical information and copy the OCIP Safety Team. 

3. Field Supervisors or Fore-persons 

The field supervisors have the responsibility for overall training, control, and conduct of personnel on 

their crew. As first line supervisors, their role in the safety and health program is crucial because 

they set standards by which their employees work. 


Rev. 001 

8

The field supervisors’ safety responsibilities include, but are not limited to: 

Exhibit 2 

Page 158 of 379 

 

 

 

 

Task specific safety training 

Safety inspection 

Tool box safety meetings 

Accident investigation 

B. Subcontractor 

Subcontractors, of any tier, are responsible for complying with the safety requirements outlined by both 

Broward County OCIP and the contractor, even though the requirements may be above and beyond the 

subcontractor’s own safety policies and federal and state OSHA requirements. 

C. Broward County OCIP Safety Team 

The OCIP Safety Team is responsible for generating and maintaining a high level of commitment for 

safe operations among all personnel assigned to the project site. 

Responsibilities and duties of The OCIP Safety Team include, but are not limited to, the following: 

1. Compile, follow-up, and maintain safety performance statistics for the project. Communicate above 

information to the project’s senior management to ensure they are informed and involved in the 

safety program. 

2. Keep apprised of new regulations and developments to keep the safety policies and procedures 

current and effective. 

3. Conduct safety surveys of contractors’ and subcontractors’ activities to observe safety performance 

and make appropriate recommendations. 

4. Review and communicate methods and procedures to foster the highest level of accident prevention 

performance possible. Provide such information to the safety representative or designee. 

5. Provide special consulting, training, etc., to the contractors and subcontractors regarding problems 

and challenges that may arise on the project. 

6. Assist with the prime contractors’ employees’ project orientation. 

7. Conduct accident investigations if required. 

8. Administer the project Safety Incentive Program if one is implemented. 

9. Review all accident investigation reports to ensure thorough investigations were conducted to 

control future accidents. 

10. Disseminate safety bulletins. 

11. Distribute written information to the safety representative or designee regarding new pro-active 

requirements, regulations or developments in safety. 


Rev. 001 

9

12. Review and evaluate contractors’ safety meeting minutes to ensure that quality safety meetings are 

held. 

13. Provide this safety manual, other written safety information, posters, etc., as needed. 

14. Provide coordination with public and regulatory agencies. 

Exhibit 2 

Page 159 of 379 

15. Participate in organizations such as ABC, AGC, ASSE, and National Safety Council to remain 

apprised of new developments in safety or any other professional electronic briefings as necessary. 

16. Offer free OSHA 10 and 30 hour construction safety and health courses; training will be conducted 

exclusively at the discretion of the OCIP Safety Team and only at the County’s project sites by a 

Federal Department of Labor Authorized Trainer. 


Rev. 001 

10

SAFETY AND HEALTH PROCEDURES 

Exhibit 2 

Page 160 of 379 

The safety procedures established for this project are based on current work activities. Future work 

activities may require the development of additional safety procedures or clarification of existing policies and 

procedures. 

It is the responsibility of each employee to work in a safe manner. However, it is ultimately the contractor’s 

and subcontractor’s responsibility to see that all safety and health rules and practices are followed. 

Safety is never to be sacrificed for production. The safety goal for this project is to prevent accidents. 

A. Motor Vehicles and Construction Equipment 

When requested, prior to operating a motor vehicle on the project sites, the employer shall provide 

documentation of the operator’s qualifications to operate the specific vehicle to the OCIP Safety Team. 

Anyone who will operate a motor vehicle on the Ft. Lauderdale-Hollywood International Airport must 

complete and pass the training and orientation required by the Broward County Aviation Department in 

accordance with the FAA, TSA, DHS and any other agency’s requirements for operation of vehicles. 

Anyone who will operate construction equipment on airport property will be required to attend and pass 

the Broward County Aviation Departments training for operating equipment on and near airports in 

accordance with the FAA, TSA, DHS and any other agency’s requirements. 

All employees will operate vehicles and construction equipment in accordance with any and all Federal 

OSHA regulations. This also includes inspections, lighting, markings and operation in accordance with 

the regulation covering the specific project site, which could include FAA, TSA, DHS or any other local, 

state, or Federal agency. 

Each employer will provide to the OCIP Safety Team any and all training records and copies of licenses 

for all employees working on or operating construction equipment on Broward County OCIP projects. 

B. Excavations and Trenching 

When requested, prior to beginning any excavation, digging, trenching or drilling operation, contractors 

or subcontractors, of any tier, must ensure that all underground utilities have been located and verified 

by the responsible parties. Contractors or subcontractors, of any tier, must also give the OCIP Safety 

Team forty-eight (48) hours notice prior to excavating deeper than five feet. All OSHA and State of 

Florida Trench Act requirements concerning safe trenching practices must be met. 

C. Material Handling and Storage - Flammable and Toxic Materials 

Flammable, toxic or other hazardous materials need to be stored in properly designated, well-ventilated 

areas. Be sure to coordinate such areas with Broward County project management. 

D. Personal Protective Equipment 

All employees and visitors to the project site must use the protective equipment prescribed by local, 

state, federal, and project rules and regulations. It is the intent of the Broward County OCIP to control 


Rev. 001 

11

or minimize exposures that will or could lead to illness or injury. Therefore, anyone who refuses to use 

the prescribed protective equipment or who willfully damages such equipment shall be subject to 

removal from the project. 

All personnel on the construction site must adhere to the following policies: 

1. Eye Protection 

a) Basic Eye Protection 

Exhibit 2 

Page 161 of 379 

 

ANSI Z87.1 safety glasses with side shields shall be worn at all times while in the work area. 

b) Contact Lenses 

 

 

Wearers of contact lenses must also wear appropriate eye and face protection devices in a 

hazardous environment. It should be recognized that dusty and/or chemical environments 

may represent an additional hazard to contact lens wearers. Hazardous environments may 

include, but are not limited to those in which a respirator may be required or where welding is 

being performed. 

Where appropriate, contact lenses may be worn if approved by both the contractor and the 

employee’s physician. These approvals are to be documented and kept in the contractor’s 

file on site. Employees will adhere to the project’s basic eye protection policy. 

c) Goggles 

If the task requires eye protection of a degree not afforded by standard eye protection, 

goggles providing a secure seal shall be used. 

d) Face Shield 

 

When contractors’ or subcontractors’ employees are exposed to flying particles, splashes, 

mists, etc., they must wear an approved face shield as well as basic eye protection (since a 

face shield provides only protection to the face and eyes from direct impact objects). 

e) Welding Hood 

 

When welding, a welding hood as well as both basic eye protection and a hard hat must be 

worn. This is to protect employees from popping hot slag when the hood is raised and from 

overhead work exposures. 

2. Head Protection 

a) All project work areas are considered “hard hat areas”. 

b) Everyone, including delivery personnel, vendors and visitors must wear approved hard hats 

while on the project. Hard hats are not required in construction parking lots, enclosed vehicles 

and office trailers. 

c) Contractor’s and subcontractor’s company names are to be on all hard hats that are issued to 

their employees. 

d) All hard hats must be of class “B” type and in good condition. 


Rev. 001 

12

3. Hearing Protection 

Exhibit 2 

Page 162 of 379 

a) The safety representative or designee will monitor work areas to recognize and post high noise 

areas as required by 29CFR1926.52. 

b) Once an area is posted, notify the OCIP Safety Team. 

4. Foot Protection 

a) All trades must wear leather shoes or boots with good heavy soles. Any work tasks requiring 

special foot wear requires a SPA to determine the proper size and protection. All electricians 

must have carbon inserts in shoes. 

b) No one is permitted to wear sneakers (including ANSI approved sneakers), tennis shoes or 

athletic shoes of any type, sandals, and high heels or flip flop thongs on this project. 

5. Clothing 

Employees are to report to work properly attired. This project’s requirements include: 

a) Clothing in good repair. (Frayed or tattered clothing can be hazardous to employees). 

b) No tank tops or sleeveless shirts. (Shirts must have at least 3” sleeves and be tucked in at all 

times). 

c) Long pants only. No short pants, cutoffs, sweat pants, etc. 

d) If working around moving machinery, no neckties, gauntlet type gloves and baggy, loose or 

ragged clothing. 

e) No loose, dangling jewelry. Since jewelry such as rings, watchbands, necklaces, earrings and 

the like can cause or contribute to accidents; employees must take the proper precautions. 

f) All employees working with electrical energy must be protected by clothing covered by NEC 70 

E. 

g) Shoulder length or longer hair must be tied back and put under the hard hat or worn in a hair net. 

(This will keep it from impeding vision, becoming entangled in machinery or preventing the use of 

personal protective equipment). 

h) Reflective vests, shirts or jackets shall be worn by all personnel working in areas than require 

reflective outer wear. The reflective PPE must meet the requirements for the respective project 

sites. (I.e. road work, airport, seaport respectively). 

6. Fall Protection 

Contractors and subcontractors, of any tier, must provide to their employees appropriate protection 

against falls of six feet or more 100% of the time when employees are exposed. Fully evaluate the 

work conditions and environmental factors (including seasonal weather changes) before selecting 

the appropriate fall protection system (active, passive or a combination of measures, as 

appropriate). Such evaluation is to be recorded on the Safe Plan of Action form. 

Types of Fall Protection Systems 

1) Personal fall arrest system is a means used to arrest an employee in a fall from a work level. 

It consists of an anchorage, connectors, a body harness and may include a lanyard, 

deceleration device, lifeline, or a combination of these. 


Rev. 001 

13

2) Positioning device system allows an employee to be safely supported on an elevated vertical 

surface (such as a wall) and work with both hands free. 

3) Warning line system is a barrier erected to warn employees that they are approaching an 

unprotected edge. It also designates an area in which work may not take place without the 

use of a guardrail, personal fall arrest system or a safety net to protect employees. 

4) Guardrail system is a barrier erected to prevent employees from falling to lower levels. All 

guardrails must meet the requirements of 29CFR1926.502. 

5) Safety net system can be used when workplaces are more than 25 feet above the ground, 

water surface or other surfaces where the use of ladders, scaffolds, catch platforms, 

temporary floors, safety lines or a safety harness is impractical. 

b. Safety Harness 

1) The only permissible personal fall arrest system on this project is an industry approved safety 

harness. Employees can use positioning belts with two “D” ring attachment points as long as 

they are used in conjunction with a safety harness. 

2) Safety harnesses must be secured to an overhead object of substantial capacity capable of 

supporting five thousand pounds (e.g. pipe, structure, cable, or rope lifeline). In order to 

accomplish this and ensure 100% protection, the employee may need to use two lanyards. 

The primary lanyard is never unhooked until the secondary lanyard is secure. 

c. Lanyards and Lifelines 

1) Lanyard and lifeline selection is determined by the type of work as well as the environmental 

conditions. If lanyards, connectors or lifelines may be damaged by welding, chemical 

cleaning, sandblasting, etc., either protect the components or use a more appropriate type of 

securing system. 

2) Lanyards and lifelines must incorporate or be used with an appropriate deceleration device. 

Deceleration devices include rope grabs, rip-stitch lanyards, specially woven lanyards, 

tearing or deforming lanyards, automatic self-retracting lifelines and lanyard, etc., which 

dissipate or otherwise limit the energy imposed on an employee during fall arrest. 

3) Once in use, the system’s effectiveness is to be monitored. In some cases, a program for 

cleaning and maintaining the system may be necessary. 

4) Lanyards and lifelines must only use locking snap hooks. 

5) Under no circumstances must two lanyard snap hooks be connected together. 

Exhibit 2 

Page 163 of 379 

E. Scaffolding 

All scaffolds and platforms must meet the following requirements: 

a) General Requirements 

1) Scaffolds twenty-five (25) feet or more above the ground or floor are to be erected, moved, 

altered and dismantled only by experienced personnel and under the direct supervision of a 

competent person experienced in scaffold erection and maintenance. Competent person as 

defined by CFR 29 1926. 

2) Scaffolds six (6) feet or more above the ground or floor are to be completely decked and 

have handrails, midrails and toeboards installed. If for some reason, a platform or scaffold 

cannot be equipped with standard handrails or completely decked, safety harnesses must be 

worn and properly tied off. 


Rev. 001 

14

3) Chain guardrails on scaffolding are not allowed. 

4) Overhead protection for employees on a scaffold is required if they are exposed to overhead 

hazards. 

5) Barricade the area beneath the scaffold and post “working overhead” signs in all approach 

directions. 

6) Scaffolds that will be higher than thirty (30) feet and a working load exceeding fifty pounds 

per square foot, requires a licensed professional engineer to complete sealed and signed 

design drawings, including load calculations. Examples are scaffolds erected for plasterers, 

masons or any other trades who routinely store material on the platform. 

7) Contact the OCIP Safety Team if any special scaffolding issues arise. 

b) Rolling Scaffolds 

1) No one is to ride on a rolling scaffold while it is being moved. 

2) All materials and tools must be secured prior to moving a rolling scaffold. 

3) No rolling scaffolds will be utilized to support other scaffolds. 

c) Scaffold Planking 

1) Paint or stamp scaffold planks within 12” on each end or edge to denote use for scaffold 

decking only. 

2) Use only 2” X 10” or 2” X 12” scaffold grade material for scaffold planking. 

d) Tagging 

The most effective means of communication between the scaffold builder and the scaffold user 

is a scaffold tag. The tagging procedures are as follows: 

1) The crew that erects the scaffold must complete and attach the appropriate scaffold tag. 

2) The scaffold tag must be placed at eye level on or near the access ladder so it is easy to 

locate and plainly visible. 

3) A competent person needs to ensure that the scaffold is erected properly and the tag 

attached is proper and completely filled out. 

4) If the scaffold needs to be altered in any way, the person who signed the tag must be 

contacted to authorize the change and re-tag if necessary. 

5) An untagged scaffold must not be used. 

6) If a scaffold is to be used for three days or more, a competent person must inspect it prior to 

each shift. 

7) Tagging System procedure: 

Exhibit 2 

Page 164 of 379 

A green tag is completed and attached by the erecting crew to scaffolds that have 

complete handrails, midrails, toeboards and decking. 

 

 

A yellow tag is completed and attached to scaffolds that cannot be erected with all the 

components complete. The yellow tag allows the erecting crew to note what portion of 

the scaffold is incomplete and cautions the user. A yellow tag also informs the user fall 

protection may be required. 

A red tag means the scaffold is being dismantled not yet completely erected or for some 

reason not safe and shall not be used. 


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F. Welding and Cutting 

Exhibit 2 

Page 165 of 379 

All welding and cutting operations are required to have a hot work permit issued by the Building 

Code Services Department. 

G. Electrical 

Only qualified electricians may perform electrical work as approved by the Contractor and/or the 

Construction Manager. 

Lock-Out Procedures 

Due to the scope of this job, the procedures used for energy isolation, be it electrical, mechanical, 

hydraulic, pneumatic or other types need to be both uniform and coordinated. Therefore, the 

Broward County OCIP has adopted the following procedures which must be communicated to 

contractors, subcontractors, and employees. Make sure they are aware of, understand, and follow 

these lock-out procedures and cooperate with other contractors who require a lock-out that involves 

your work. 

Note that the Broward County OCIP requires the use of lock-out energy isolation devices (that is, 

using padlocks) throughout this project. Tag-outs (simply tagging the switch, valve, etc.) will not be 

used on this project. 

a) Individual Lock-out Procedures 

This procedure is used in the event power is either interrupted or restored unexpectedly. If 

interrupting or restoring power unexpectedly will endanger an employee of any other contractor, 

including your own subcontractors, use the steps in “2” Complex Lock-out Procedures, that 

follow. 

Only an authorized employee shall perform all of the following steps: 

1) Notify all of affected employees of the lock-out and the reason for it. 

2) Shutdown the affected equipment in a manner consistent with good operating practices. 

3) Verify that the equipment or system is inoperative by trying to operate it, etc. 

4) Shutdown the power at the switch, valve, etc., that will be locked. Be absolutely certain 

the correct device or devices to shutdown and lock were located. 

5) Safely dissipate any stored energy in pressure lines, flywheels, capacitors, etc., 

consistent with good operating practices. 

6) Lock the switch, valve, etc., using a padlock with only one key. Make sure the company’s 

name is on the lock. 

7) Complete and place on the lock a standard lock-out warning tag indicating what power 

source was shutdown, the date of the shutdown, authorized employee’s name, and the 

company’s name. 

8) Verify that the equipment or system is inoperative by trying to start it. (Do not forget to 

turn all controls back to their off or neutral position). 

9) Complete and file on site a Lock-Out form (see Appendix M for a copy of this form). 


Rev. 001 

16

10) When power is ready to be restored, replace all missing guards. Ensure that no one will 

be endangered by power restoration prior to removing the lock. 

11) After removing the lock, remove and properly destroy the warning tag. (Tags and their 

attachment devices are not to be reused unless designed for reuse). 

b) Complex Lock-out Procedures 

This procedure must be used when one or more employees of another contractor or 

subcontractor may be exposed to danger in the event power is either interrupted or restored 

unexpectedly. 

Only an authorized employee shall perform all of the following steps as the originator of a 

complex lock-out. Every affected contractor (including affected subcontractors) is to have an 

authorized employee to coordinate the lock-out for their company. 

1) Hold a coordination meeting with all affected contractors and subcontractors, of any tier, 

at least 24 hours in advance of the lock-out. Also, inform the OCIP Safety Team 24 hours 

in advance. A member of the OCIP Safety Team may wish to attend the meeting or 

monitor the actual lock-out operations. 

2) Notify all affected employees of the lock-out and the reason for it. 

3) Shutdown the affected equipment in a manner consistent with good operating practices 

and have each affected contractor and subcontractor do likewise. 

4) Verify that the equipment or system is inoperative by trying to operate it and have each 

affected contractor and subcontractor do likewise. 

5) Shutdown the power at the switch, valve, etc., that will be locked. Be absolutely certain 

the correct device or devices to shutdown and lock were located. 

6) Safely dissipate any stored energy in pressure lines, flywheels, capacitors, etc., 

consistent with good operating practices and, as necessary, have each affected 

contractor and subcontractor do likewise. 

7) Place a chain or lock-out device on the switch, valve, etc., that will be locked. 

Exhibit 2 

Page 166 of 379 

8) Place a chain or lock-out device using a padlock with only one key. Make sure the 

company’s name is on the lock. 

9) Once all the valves and switches are locked out, place all the keys for all the locks in the 

group lock-out box. 

10) The authorized employee then places a group lock-out device (Christmas tree) on the 

hasp and places his lock on the group lock-out device. Each employee must place 

his/her personal lock, with his or her name on the lock, on the group lock device. 

11) Complete and place on the lock a standard lock-out warning tag indicating what power 

source was shutdown, the date of the shutdown, authorized employee’s name, and the 

company’s name. 

12) Verify that the equipment or system is inoperative by trying to start it and have each 

affected contractor and subcontractor do likewise. (Do not forget to turn all controls back 

to their off or neutral position). 


Rev. 001 

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13) Complete and file on site a Lock-Out form (see Appendix M for a copy of form). 

14) When power is ready to be restored, replace all missing guards. Each affected employee 

must remove their lock when their work is completed. The authorized employee then 

removes his or her lock and removes the keys from the lock box and begins to restore 

the equipment to working condition. As the originator of the lock-out, the authorized 

employee will always remove their lock last. This is only after it has been determined that 

no one will be endangered by power restoration. 

15) Restore power. 

16) After removing the lock, remove and properly destroy the warning tag. (Tags and their 

attachment devices are not to be reused unless designed for reuse). 

c) General Information 

H. Powder Actuated Tools 

Exhibit 2 

Page 167 of 379 

1) Padlocks, hasps, tags, and other lock-out devices must be durable enough to withstand 

the environment to which they will be exposed. 

2) Locked-out switches, valves, etc., must not be operated regardless of the circumstances. 

3) Only the employee, who placed the lock on the switch, valve, hasp, etc., can remove it. 

Anyone who removes or defeats another’s lock-out is subject to removal from the project 

site. 

4) Locked-out switches, valves, etc. must be inspected at the beginning of each shift to 

insure that the locks and tags are still in place. 

Contractors/Subcontractors, of any tier, shall ensure that employees using powder actuated tools be 

certified by the manufacturer’s representative prior to use. Certification cards must be available for 

immediate inspection if requested. 

Contractors/Subcontractors using powder actuated tools shall ensure that all cartridges, whether used, 

not used or misfired, have been picked up and removed from the work area. 

I. Steel Erection 

Steel erection requires compliance with the following: 

Employees of contractors and subcontractors, of any tier, must comply with the fall protection 

requirements covered earlier in this section. 

Conduct and document appropriate pre-task planning and a job safety analysis for all steel erection. 

Keep this documentation on site for review by the OCIP Safety Team. 

J. Work Platforms Suspended From Cranes 

The use of a crane or derrick to hoist employees on a personnel platform is prohibited, except when 

the erection, use, and dismantling of conventional means of reaching the worksite, such as a 

personnel hoist, ladder, stairway, aerial lift, elevating work platform or scaffold, would be more 

hazardous or is not possible because of structural design or worksite conditions. 


Rev. 001 

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The safety representative or designee must give the OCIP Safety Team reasonable notice prior to 

any operation requiring the use of personnel platforms suspended from a crane. 

Prior to the use of a work platform suspended from a crane, the contractor’s and/or subcontractor’s 

General Superintendent will prepare a written record for each such operation and will maintain a file 

documenting its operation. Each record is good only for lifts made from a single crane set-up 

location. Traveling, repairs or modifications of the crane will require a new record. 

Each record is to: 

a) Be initiated by the supervisor of the employee who will be working from the platform 

b) Describe the work to be performed and its exact location 

c) List all required inspections, certifications, tests, and pre-lift meetings 

d) Be signed by the crane operator, rigger, and initiating supervisor 

e) Note the name of the person who will flag or signal the crane operator 

f) Remain with the crane while the personnel hoist is in progress 

g) Be available to the OCIP Safety Team for review. 

K. Crane Operations 

1. Crane operator must be certified to operate the type of crane assigned by an accredited third party 

testing facility. 

2. A Critical Lift Plan is required to be approved in writing by the general contractor and submitted for 

review by the OCIP Safety Team if: 

a. The lift exceeds 80% of chart 

b. More than one crane is used in a lift 

3. A third party inspector must oversee the erection and jacking of all tower cranes. 

4. Cranes assembled onsite must be inspected and certified by a third party inspector. 

Exhibit 2 

Page 168 of 379 

5. Other requirements may be implemented as conditions change. 

Crane Operations shall be performed in full compliance with the most current FAA Advisory Circulars, Federal 

Aviation Regulations, and OSHA Standards (parts 1910 & 1926). 

L. Fire Prevention and Protection 

a) It is the responsibility of contractors and subcontractors, of any tier, to have the appropriate fire 

suppression equipment readily available and manned by employees trained in its proper operation. 

b) In order to summon fire fighting assistance, call 911. Immediately report all fires (even those that 

have been extinguished) to the OCIP Safety Team. 

c) Replace or recharge temporary fire fighting and fire protection equipment immediately after use. 

Also report to the OCIP Safety Team (within eight hours) any discharge of fire fighting equipment. 


Rev. 001 

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M. Job Safety Analysis 

Exhibit 2 

Page 169 of 379 

Contractors or subcontractors, of any tier, are to conduct a Job Safety Analysis (also known as a JSA) 

on any non-routine task. In certain circumstances the OCIP Safety Team may require the 

contractor/subcontractor to do a JSA on specific routine tasks as well. 

N. Positive Safety Attitude 

Every project manager, supervisor, and employee on the project must exhibit a positive attitude toward 

the safety and welfare of their fellow workers. Those who fail to comply with OSHA or project 

regulations, or fail to comply with instructions from authorized safety representatives may be removed 

from the project. 


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ORIENTATION 

One of the requirements of all contractors and their safety representatives or designees is to conduct a 

complete basic safety orientation of all of their employees new to the site. The orientation is required before 

an employee can receive a project ID and enter the field. The purpose of the orientation is to provide 

employees an awareness of what they can expect and what is expected of them on this site. 

A. Scope 

At a minimum, the orientation will include: 

Exhibit 2 

Page 170 of 379 

 

 

 

 

 

 

Employee safety requirements and policies 

Site specific safety and health rules (found on pages nine through eighteen of this manual) 

Permitting procedures (if applicable), including work permits, excavation, confined space entry, lockout, 

etc.) 

Hazard communication training 

Emergency alarms and evacuation procedures 

Other topics as circumstances require 

B. Documentation 

All employees will complete an Orientation Acknowledgment form at the end of the orientation. A copy 

of this form will be kept by the OCIP Safety Team. 

C. Facility 

The Broward County OCIP has an appropriately equipped conference room on site for use in 

conducting the orientation sessions. 


Rev. 001 

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SAFETY TRAINING 

Exhibit 2 

Page 171 of 379 

A. Required Safety Training 

1. Field Supervisors 

First line field supervisors will be required to complete the OSHA 30-hour Construction Safety and 

Health course if: 

a contractor’s or subcontractor’s contract award is in excess of $250,000 dollars for construction 

or installation services on the site 

or 

a contractor or subcontractor, of any tier, has more than 10 employees on site 

If supervisors have not attended this course within the past 24 months, the field supervisors will be 

required to attend within 60 days of assignment to the project. The OCIP Safety Team will offer this 

course throughout the duration of the project. 

The OCIP Safety Team may also require supervisors to attend this training if safety observations 

indicate a supervisor would benefit from this course. 

2. On-Site Safety Representatives 

Certain contractors or subcontractors are required to have a full time On-Site Safety Representative 

as stated on page five of this manual. The individual is required to: 

 

 

hold a current CSP (Certified Safety Professional) designation or 

hold a current CSHT (Certified Safety and Health Technician) or 

have completed the OSHA 500 course within the past 48 months. Or obtain within 60 days of 

assignment to the project. 

3. Safety Designees 

Certain contractors or subcontractors are required to have a Safety designee. This individual is 

required to have completed the OSHA 30-hour course within the past 24 months. 

B. Other Safety Training Available 

Additional safety training is available through the OCIP Safety Team at no cost. To request training 

assistance contact the OCIP Safety team. 


Rev. 001 

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Exhibit 2 

Page 172 of 379 

RECORD KEEPING REQUIREMENTS 

A. Introduction 

The Broward County OCIP believes that proper documentation and record keeping of safety related 

functions are essential. All required documentation needs to be maintained on site, available to the 

OCIP Safety Team upon request. The contractor’s or subcontractor’s Project Manager is responsible 

for ensuring that record keeping and related requirements, as outlined in this section, are accurate and 

up-to-date. 

There are several forms provided by the Broward County OCIP that are to be used. If a contractor 

and/or subcontractor prefer to use their own forms, they should be submitted to the OCIP Safety Team 

for review and approval. As long as they meet or exceed the forms developed by the Broward County 

OCIP they will probably be acceptable (see the Appendix for project forms). 

B. Posters 

Post in a conspicuous place the Project Safety Alerts and Bulletins issued by the Broward County OCIP 

as well as the posters required by federal and state regulation. Required workers’ compensation 

insurance posters are available from the Broward County OCIP. 

C. Signs 

Contractors and subcontractors, of any tier, will need to furnish appropriate signage in accordance with 

the contract, depending on the nature of their work and work area, such as (but not limited to): 

 

 

 

Hard Hats, Required Beyond This Point (posted at all entrances to the project site and work areas). 

Danger - Construction Area - Authorized Personnel Only (posted at all entrances to the project site). 

Drugs, Alcohol, Firearms and Related Paraphernalia are Prohibited on the Project (posted at all 

entrances to the project site). 

D. Instructions for Completion and Filing of Records 

A copy of the following forms and reports can be found in the Appendix to this manual. Copies may be 

made for use on this project. 

1. Incident Investigation Report 

Complete an incident investigation report for each near-miss that does not result in injury or damage 

to equipment. Provide a copy to the OCIP Safety Team within twenty-four hours of the incident. 

2. Accident Investigation Report 

Complete an accident investigation report for each accident resulting in injury or damage to 

materials or equipment. This includes the contractor’s accident report form and Broward County’s 

accident form. The General contractor will give a copy to the OCIP Safety Team within twenty-four 

hours of the accident. 

3. Weekly Tool Box Safety Meeting Report 

Complete the Weekly Tool Box Safety Meeting form at the end of each week’s meeting. Forward a 

copy to the OCIP Safety Team. 


Rev. 001 

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4. Contractor Safety Audit 

This Safety Audit is to be completed monthly by the contractor’s safety representative or designee. 

The information will include, but is not limited to, total work hours for the month and additional safety 

requirements implemented since the last report. Send a copy to the OCIP Safety Team. 

5. Contractor Weekly Review of Work Site 

Each contractor’s and subcontractor’s field supervisors are to complete this weekly review and 

forward to the contractor’s safety representative or designee who will compile the information and 

include it in his or her monthly safety audit. 

6. Safety Observations 

The Aon Safety Team will complete written Safety Observations of work activities that are not in 

compliance with the project’s safety policies and procedures. If a contractor or subcontractor 

receive a Safety Observation, immediately correct the hazard noted on the notice, document the 

corrective action, or reason for delayed abatement and return the report to the OCIP Safety Team 

within 24 hours. 

7. Contractor Monthly Report of Work Injury and Illness Statistics 

The Aon Safety Team will track injury and illness statistics by contractor. In order to do this, The 

Aon Safety Team needs each contractor to report the correct number of work hours worked on the 

project for the reporting month. This report will include the work hours for the contractor’s and 

subcontractor’s employees. Send this report to the OCIP Safety Team by the 8 th of the following 

month. 

8. Job Safety Analysis (JSA) 

The Job Safety Analysis is a tool used to identify jobs posing the greatest accident risk and to assist 

in non-routine task planning. The contractor’s or subcontractor’s field supervisor is required, when 

appropriate, to complete a JSA for non-routine tasks and review the findings with their work crew. 

9. Safe Plan of Action (SPA) 

Exhibit 2 

Page 173 of 379 

Contractors and subcontractors, of any tier, shall maintain in their files a Safe Plan of Action which 

will be used to ensure that every job assignment receives proper safety planning prior to the start of 

work. The SPA is to be completed by the first line field supervisor and acknowledged by each 

member of the crew. 


Rev. 001 

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ADMINISTRATIVE POLICIES 

Exhibit 2 

Page 174 of 379 

A. OSHA Inspections 

Inspections by OSHA compliance officers may be initiated for many reasons, including employee 

complaints, serious or fatal accidents, special emphasis programs or planned audits. When a contractor 

or subcontractor receives notification of an impending inspection, contact the OCIP Safety Team so a 

representative of the OCIP Safety Team can be present during the actual inspection. It is the OCIP 

Safety Teams policy to fully cooperate with OSHA compliance officers. 

B. Accident and Incident Investigations 

1. Accidents 

All accidents which result in first aid treatment must be investigated by the contractor’s or 

subcontractor’s safety representative or designee and documented on a project Accident 

Investigation report. The report must be completed and submitted to the OCIP Safety Team within 

twenty-four hours of the accident. 

2. Incidents 

All incidents, whether they involve injury or not (“near-miss”) must be investigated by contractors or 

subcontractor’s safety representative or designee and documented on a Project Incident report. The 

report must be completed and submitted to the OCIP Safety Team within twenty-four hours of the 

incident. However, if the incident was serious (e.g., potentially life threatening), notify the OCIP 

Safety Team immediately. 

3. Major Accidents 

Immediately notify the OCIP Safety Team of all major accidents. 

a) All accidents resulting in a lost-time injury, fatality, or damage to property or equipment must be 

investigated by the contractor’s or subcontractor’s field supervisor or safety representative. A 

representative of the OCIP Safety Team may join in the investigation. 

b) A thorough in-depth accident investigation includes, but is not limited to, the following: 

 

 

 

 

An analysis of the accident 

A documented signed witness statement 

Accident scene photographs, sketches, and drawings 

Recommendations to prevent re-occurrence 

c) Forms to be utilized in accident investigation reporting may include: 

 

 

 

Project Accident Investigation Report 

First Report of Injury 

Report of Disabling Injury or Fatality 


Rev. 001 

25

d) The OCIP insurance carrier personnel may join the contractor’s or subcontractor’s safety 

representative in the investigation of job site accidents. 

4. Special Investigations 

a) Special investigations fall into areas such as potential third party litigation, non-project personnel 

injury, equipment or material failure, etc., which relate to the project. 

b) All special investigations will be coordinated by the OCIP Safety Team. 

Exhibit 2 

Page 175 of 379 


Rev. 001 

26

HAZARDOUS CHEMICALS 

Exhibit 2 

Page 176 of 379 

A. Hazardous Materials and Hazardous Waste 

1. All contractors and subcontractors, of any tier, will need to provide to the OCIP Safety Team a list of 

hazardous materials that will be used on the project site. Send Broward County’s OCIP Team an 

amended list, as necessary. A copy of all MSDS’s shall be kept by the general contractor on all 

Broward County OCIP’s projects sites. 

2. An EPA ID number will need to be obtained for the hazardous wastes produced by the contractors 

and/or subcontractors. 

3. All hazardous wastes produced by the contractors and/or subcontractors must be removed from the 

project site by a licensed hazardous waste hauler. Such loads will need to be manifested and a 

copy of the manifest sent to the OCIP SAFETY TEAM. 

4. All hazardous materials must be properly labeled and stored until removed from the project (by a 

licensed hazardous waste hauler). 

5. Hazardous materials or hazardous wastes stored in 30 or 55 gallon drums are to be placed on spill 

containment pads. 

6. Report all accidental releases of a hazardous material or hazardous waste promptly to the OCIP 

Safety Team If the release is of a reportable quantity, the responsible contractor or subcontractor, of 

any tier, will notify the appropriate regulatory agency. 

7. Proper clean-up of accidental releases of hazardous materials waste will be done by the responsible 

contractor or subcontractor. Clean-up is to be done by properly trained personnel. Hazardous 

waste from the clean-up must be hauled away by a licensed hauler. the OCIP Safety Team must be 

given a copy of the hauler’s manifest. 

Depending on the hazardous materials spilled, Broward County’s OCIP Team may require the 

responsible contractor or subcontractor to hire a certified laboratory to take an appropriate number of 

soil samples to test at their laboratory. A copy of the results is to be given to the OCIP Safety Team. 

8. Contractors or subcontractors, of any tier, must inspect their hazardous material and waste storage 

areas at least weekly to ensure they are properly maintained. 

9. The OCIP Safety Team will randomly audit the labeling and storage of hazardous material and 

waste and the disposal of hazardous waste to verify that all contractors and subcontractors, of any 

tier, are fulfilling their roles as responsible parties. 

B. Material Safety Data Sheets (MSDS) 

In addition to the hazardous chemical list required above, the OCIP Safety Team or another contractor 

may request copies of the most current MSDS on a chemicals being used by other 

contractors/subcontractors. 


Rev. 001 

27

Exhibit 2 

Page 177 of 379 

EMERGENCY PROCEDURES 

A. Emergency Management Plan 

1. Introduction 

The following Emergency Management Plan (or EMP) has been developed to establish steps to be 

followed should an emergency or crisis situation occur on the project site. Examples of emergency 

situations include, but are not limited to, the following: 

 

 

 

 

 

 

Any accident that results in life threatening or fatal injuries to any person on the project 

Collapse of a structure such as a crane, scaffold or building 

Fires requiring Fire Department involvement to extinguish 

Accidental release of a hazardous material on or in the area surrounding the project site 

Any damage to any third party property including Broward County’s property at any of the project 

sites covered under the OCIP. 

It is imperative that all possible steps be taken to prevent an emergency situation such as those 

mentioned above. Should such an emergency occur, the Project EMP will be used to effectively 

and properly manage the emergency. 

2. Responsibilities and Duties 

a) The EMP establishes an Emergency Response Team made up of management personnel from 

contractors, subcontractors, Broward County Project Management and the OCIP Safety Team. 

This team is established to handle the many tasks that may be created by an emergency 

situation at the project site. The emergency response team will consist of the following: 

 

 

 

 

 

Contractor’s/Subcontractor’s supervisors 

Broward County Project Manager 

The OCIP Safety Team 

The Broward County Public Relations Department 

Broward County Risk Management Department 

b) Under no circumstances are contractors and subcontractors, of any tier, to make comments, 

statements or engage in interviews to the media. Such statements will be issued only through 

the Broward County Public Relations Department. 

B. Emergency Notification 

1. Medical 


Rev. 001 

28

For first aid response, notify the contractor’s or subcontractor’s safety representative. The need for 

additional emergency response assistance will be made by the General Contractor’s safety 

representative or designee by calling 911. 

2. Fire 

Immediately notify the Prime Contractor’s safety representative of any fire. The safety representative will 

notify the Fire Department, Project Security, the OCIP Safety Team and any involved contractor’s safety 

representative or designee. 

3. Property Damage 

Notify the OCIP Safety Team of any damage to the project. 

4. Bomb Threat 

Immediately notify Project Security BCAD Comm. Center (954.359.1201) number is on the back of your 

FLL ID Badge. Project Security will coordinate notification to appropriate authorities. 

5. Catastrophic Incidents 

Notify the General Contractor’s safety representative, OCIP Safety Team and Project Security BCAD 

Comm. Center (954.359.1201). Project Security, Airport Security Director (954.599.2459), Port Security 

Director (954-468-0115) or the public authorities at the scene will determine the need for and summon 

the appropriate emergency response assistance. 

C. Emergency Medical Transportation 

It is the contractor’s/subcontractor’s responsibility to arrange for emergency transportation of any injured 

employee who is not able to drive himself or herself to the emergency medical clinic or to the hospital. 

A map of the project site, including the location of the project’s designated clinic and the closest trauma 

hospital is included on page 45 of this manual. 

D. Severe Weather 

Exhibit 2 

Page 178 of 379 

Severe weather procedures are utilized for impending threat of hurricane, high winds, tornadoes or lightning 

storms. 

1. General Procedures 

a) Contractors/Subcontractors, of any tier, will need to develop and submit a copy of their site specific 

severe weather plan. This plan will include a complete list of management personnel, in order of 

authority, to contact in the event of an emergency on this site. The list needs to be kept current and 

include the after-hours telephone numbers of the individuals to be contacted. 

b) Develop a “Call-In” team for post storm activities. 

c) Firmly anchor field trailers, temporary buildings and materials. 

d) Lower crawler and mobile cranes at the end of each shift if possible. Cranes not capable of lowering 

booms are to be secured in accordance with the manufacturer’s recommendations. 

e) Special: ALL operations cease upon 39 mph sustained winds, 4 hour shut down notice, at the Ft. 

Lauderdale-Hollywood International Airport. 

2. Hurricane Preparedness 

a) Hurricane Tips 

Hurricane season generally lasts from June 1st to November 30th. 

The most dangerous hurricanes form off the coast of Africa and approach Florida from the 

East during the months of August and September. 


Rev. 001 

29

Obtain a hurricane tracking and information guide at a local supermarket and take the 

precautions that it recommends. 

 

 

Exhibit 2 

Page 179 of 379 

According to experts, forecasters only have a 10% chance of accurately predicting where a 

storm will hit 72 hours in advance. They have a 74% chance within 24 hours. 

In the event of an approaching hurricane all contractors and/or subcontractors, of any tier, 

must prepare the project for heavy rains and high winds and close the job sufficiently in 

advance so that they may make personal preparations at home. 

b) During the Hurricane Season 

The OCIP Safety Team will develop a call-in team, including contractor’s/ subcontractor’s 

safety personnel, in the event preparations need to be made. 

All contractors/subcontractors, of any tier, shall keep the project free from an accumulation of 

debris and scrap material that can become windblown hazards. This will reduce the amount 

of time necessary to secure the project site in the event of a hurricane emergency. As part of 

standard operating procedures, ensure that standby diesel dewatering pumps, portable 

pumps, and generators are in operational condition at all times and that an adequate supply 

of pump and bail equipment, duct tape, banding strap, banding tools, fuel, oil and grease, 

and tarps to cover the dumpsters are on hand. 

Project Security will monitor local radio and television weather updates and report 

information to the OCIP Safety Team. 

The OCIP Safety Team will be alert to job conditions that require advance attention so as to 

reduce emergency preparation time. 

c) When a hurricane approaches 

The OCIP Safety Team will decide when to prepare the project for a hurricane or tropical storm. 

All contractors and subcontractors on site shall: 

Ensure that all loose scrap material is gathered up and disposed of in the dumpsters. 

Ensure that the dumpsters are emptied. If the waste hauler is unable to pull the dumpsters, 

they should be securely covered with tarps to prevent the debris in them from becoming 

windblown hazards. 

Ensure that all loose forming materials are neatly stacked. If time permits, band strap all 

stacks. If time is short, heavy objects can be used to secure materials. 

Ensure that all materials, tools, tool sheds, gang boxes and small equipment that can be 

damaged by rising water is removed from all excavations. 

Ensure that the beams of all excavations are continuous and in good repair. 

Secure essential barricades, with anchors, tie-downs or sand bags. 

Lay flat on the ground any non-essential barricades. 

Ensure that all equipment, including track cranes and excavators, are relocated out of 

excavations and set upon high ground. Lay crane booms on the ground if possible. 

Top off fuel tanks on all equipment. 

Ensure standby diesel powered dewatering equipment is ready to operate. Operate this 

equipment as conditions warrant. 

Ensure that incomplete underground process piping and storm drain systems are protected 

against the infiltration of sand and silt. 


Rev. 001 

30

Turn off the power and water to the office trailers. 

Exhibit 2 

Page 180 of 379 

Ensure that critical project documents are put into fireproof files and that the safes are 

securely closed and locked. 

Disconnect all computers and office equipment from the electrical outlets. 

d) After the storm 

1) The contractor’s/subcontractor’s call-in team: 

Will evaluate the damage and initiate corrective action to ensure a safe site before 

employees are called back to work. 

Move cautiously about the project, being on the alert for unsafe conditions left by the 

storm. 

Survey the project for damage. 

2) All personnel shall: 

Stay tuned to local radio to find out when it is advisable to venture back out onto the 

public roadways. 

If phones are working, call the job site for information on when they are to return to work. 

Do not touch loose or dangling wires, but report them to a supervisor or Project Security 

BCAD Comm. Center (954.359.1201). 


Rev. 001 

31

SECURITY 

Exhibit 2 

Page 181 of 379 

A. Scope and Purpose 

To establish and implement a project security procedure applicable to contractor’s and subcontractor’s 

employees. 

B. Objective 

1. Achieve a goal to eliminate thefts and vandalism. 

2. Coordinate specific security activities with overall site security. 

3. Provide positive identification of authorized personnel and vehicles for access to construction areas. 

4. Designate specific entrance gates, access roads and parking areas for authorized contractor 

vehicles and equipment, delivery vehicles, and personally owned vehicles. 

5. Establish procedures for visitor access to the project site. 

6. Provide additional specific security instructions. 

C. Security - Parking, Badging Procedures, Company Vehicles, Deliveries 

1. Personnel 

a) All construction project access will be through the entrances designated by Project Security. 

b) Employees must park in the designated construction parking areas. No parking will be permitted 

along or on paved or gravel access roads. Violation of this policy may result in the vehicle being 

towed at the vehicle owner’s expense. 

c) All visitors shall check in and sign in with Project Security prior to entering the construction site. 

d) Overtime and weekend work shall be scheduled in advance with the OCIP Safety Team. It is the 

contractor’s or subcontractor’s responsibility to notify the OCIP Safety Team by noon on any day 

that work will be proceeding for one-half hour or more past normal quitting time. 

e) All new hires are to report to the appropriate contractor’s hiring trailer. Following sign up and 

drug testing, and required training and testing for work at the Ft. Lauderdale-Hollywood 

International Airport or Port Everglades they will report to their contractor’s/ subcontractor’s 

designated location or the Broward County OCIP Orientation Trailer to attend a project safety 

orientation. Following orientation, and all back ground checks that might be required Security 

will provide a project ID. Following issuance of the ID, the new hire will then proceed to his/her 

work location on the construction site. 

Port Everglades: 

The Department of Port Everglades requires persons to present, at Port entry, a valid driver’s 

license and valid reason for wishing to be granted port access in order to obtain a temporary/ 

visitors ID badge. For persons who will visit the Port more than five times in a ninety day 


Rev. 001 

32

period, a permanent identification badge must be obtained and paid for by that person or 

their employer. A restricted access badge application process includes fingerprints and a 

comprehensive background check. Badges must be renewed annually and the fee paid 

pursuant to the Broward County Administrative code, Section 42.6. 

Ft. Lauderdale/ Hollywood Airport: 

Exhibit 2 

Page 182 of 379 

The Broward County Aviation Department requires persons wishing to enter the Ft. 

Lauderdale-Hollywood International Airport who will work in secured areas and on the air 

side of the airport submit to a FBI background check, Security Threat Assessment, attend 

and pass all required TSA training classes. This must be accomplished prior to a permanent 

ID Badge being issued by The Broward County Aviation Department. 

 

 

Employees will visibly display project ID Badges above the waist at all times while on the Ft. 

Lauderdale-Hollywood International Airport and the Port Everglades project sites. 

Employees losing their (FLL) project ID Badge must report the loss to BCAD Comm. Center 

954.359.1201 immediately, so that airport access can be removed. 

Employees losing their project ID Badge must report to the next orientation to have a 

replacement made. A separate log will be generated to record all re-issued ID Badges. The 

log will be submitted to the OCIP Safety Team who has the authority to charge the 

employees’ contractor $100.00 for each required replacement project ID badge. All Fee’s 

will be re-paid to Broward County for the reissuance of lost or stolen ID Badges. 

f) Contractors/Subcontractors, of any tier, will escort off the project site any employee terminated 

prior to normal quitting time and collect the employee’s project ID Badge or Badges. 

2. Contractor Vehicles 

a) Contractors/Subcontractors will normally be permitted to park a limited number of their company 

vehicles at their project trailer. 

b) All personal vehicles must be registered by Project Security prior to access through the project 

construction gates. Routes approved for personal vehicles will be limited and appropriately 

marked. All personnel will have to be transported from the designated parking site to the job site 

by a vehicle supplied by the contractor/subcontractor, if the job site is beyond normal walking 

distance. No motorcycles or bicycles are allowed on the project site. 

c) All company vehicles other than construction equipment (e.g. dump trucks, cranes, air 

compressors, etc.) are to be designated on contractor vehicle authorization forms. Company 

vehicles and equipment must be registered and display decals issued by Project Security. Note 

that no vehicle insurance is provided under the OCIP. Contractors/Subcontractors are required 

to provide their own vehicle insurance and provide the Broward County OCIP proof of that 

insurance. 

d) Job site vehicles such as golf carts, Kawasaki Mule buggies, John Deere Gators, or vehicles of 

such type must have roll over protection (ROPS) that has been designed by the manufacturer, 

an orange flag for visibility, a horn, back-up alarm and seat belt installed before the vehicle is 

allowed on site. 


Rev. 001 

33

D. Security - General Project Rules and Regulations 

Exhibit 2 

Page 183 of 379 

1. Construction Site Security 

Broward County will provide security service for this project. This service in no way relieves the 

contractors/subcontractors from contractual duties, obligations and responsibilities to ensure that 

their trailers, vans, vehicles, equipment, tools, gang boxes, storage areas, etc., are properly secured 

at the end of each working day. Project Security will maintain project ID information on each 

employee. 

2. Vehicle Search 

All vehicles will be subject to search upon entering and exiting the construction site. Any 

unauthorized vehicle parked on the project site (other than in designated parking areas) may be 

physically removed at the expense of the vehicle owner. 

3. Visitors 

All visitors to the project must report to Project Security prior to entering the construction site. 

4. Loitering On Job Site 

Loitering on the job site before or after the assigned shift is prohibited. If 

contractor’s/subcontractor’s employees violate this rule they may be barred from the project site. 

5. Security Checks 

Regular and random security checks will be conducted. Contractors’ or subcontractors’ employees 

will be required to open all packages such as lunch kits, coolers, etc., upon request. Vehicles 

entering or leaving the project site will be subject to inspection. 

E. Contractor Security Responsibilities 

Contractors/Subcontractors, of any tier, are responsible for administration of the site security 

procedures, including: 

1. Providing vehicle insurance certificates and proofs of ownership 

2. Providing a list of supervisory personnel including addresses and off duty phone numbers 

3. Adequately identifying tools and equipment 

4. Securing all tools and equipment at the end of the shift to prevent vandalism, theft or unauthorized 

use 

F. Contractors’ Employee Responsibility 

Everyone on the project site will comply with the following: 

1. Operate vehicles in a safe manner while on site 

2. Display proper and acceptable identification while on site 


Rev. 001 

34

3. Secure personal tools and equipment 

Exhibit 2 

Page 184 of 379 

4. Cooperate with Broward County OCIP personnel 

G. Enforcement 

The Broward County OCIP reserves the right to enforce all security and safety regulations. The 

Broward County OCIP neither implies nor assumes responsibility for damage, fire or theft of employees 

and contractors’/subcontractors’ tools, vehicles and materials. This could also include FAA, TSA, DHS, 

CBP, FBI and Local Law Enforcement. 

H. Project Rules and Regulations 

Good conduct is essential to the common good of all employees and the speedy progress of the job. 

Undesirable conduct including, but not limited to the following will not be tolerated: 

1. Unauthorized possession of any project property or material 

2. Possession of or use of intoxicants on premises, regardless of source 

3. Engaging in disorderly conduct 

4. Gambling, including sale of chances 

5. Fighting on project premises 

6. Unauthorized sleeping on the job during working hours 

7. Failure to wear or use required safety equipment 

8. Failure to observe safety, sanitary or medical rules and practices 

9. Illegal possession or use of narcotics or non-prescribed tranquilizers or pep pills on premises, or 

attempting to bring them on job site 

10. Possession or use of firearms, weapons, or explosives is expressly prohibited on the project 

premises 

11. Willful defacing or damaging of equipment, tools, material or other property of the project or 

contractors 

12. Distributing or posting literature, photographs or other printed matter, soliciting or attempting to 

solicit or collect funds without prior permission from Broward County Project management. 

13. Use of project telephones without prior permission 

14. Sale of food or beverages on project property 

15. Unauthorized entry into Broward County OCIP facility buildings and restricted areas 

16. Improper or unauthorized use of any of the Broward County OCIP facilities, including but not limited 

to rest rooms, vending machines, and lunchrooms 


Rev. 001 

35

I. Delivery and Removal of Material 

Exhibit 2 

Page 185 of 379 

1. When a delivery is made, a standard bill of lading or invoice must be furnished to the guard at the 

on-site vehicle gate. This must include the following information: 

a) Company to whom the material, goods or equipment is being delivered 

b) Description of materials, goods or equipment 

c) Quantity of cargo (pieces, feet, tons, drums, etc.) 

d) Project or building destination of the material 

e) If leased equipment, serial number and means of identification 

2. No material, equipment, tools, fixtures, etc., shall be removed from the construction site without an 

authorized Property Loan/Disposal form. 

a) Upon leaving, Broward County Project Management has the right to check the description of the 

items listed on the form against the actual material itself. Broward County Project Management 

may also verify that the form is properly completed and bears the signature of the person 

authorized to sign. 

b) A copy of the Property Loan/Disposal form will be given to the guard at the gate who will perform 

the inventory. Any property, either personal, company, or scrap that is found and not included in 

this form will be held until the appropriate authorization form has been received. 


Rev. 001 

36

APPENDIX 

Exhibit 2 

Page 186 of 379 

FIRST REPORT OF INJURY 



INCIDENT/ ACCIDENT REPORT 

JOB SAFETY ANALYSIS WORKSHEET (JSA) 


ORIENTATION ACKNOWLEDGEMENT FORM 

SAFE PLAN OF ACTION (SPA) 




A 

C 

D 

H 

L 

M 

N 

O 

P 

Q 

R 


Rev. 001 

37

Exhibit 2 

Page 187 of 379 

FIRST REPORT OF INJURY OR ILLNESS RECEIVED BY CARRIER SENT TO DIVISION DIVISION REC'D DATE 




Office. Report all deaths within 24 hours 1-800-219-8953 or 

(850) 922-8953 




Home Address 


Street/Apt #: 

City: 

State: 

Zip: 

Telephone: 

OCCUPATION 



Company 

D.B.A.: 

Contact: 

Street: 

City: 



FEDERAL ID NUMBER (FEIN) 

NATURE OF BUSINESS 

DATE FIRST REPORTED 

POLICY/MEMBER NUMBER 



Street: 

City: 


Location # : 


RETURNED TO WORK 



LAST DAY WAGES WILL BE PAID INSTEAD OF 

WORKERS’ COMP 

IF YES, GIVE DATE RATE OF PAY PER 

Hour 

Day 


Street: AGREE WITH DESCRIPTION OF ACCIDENT Number of hours per week 

City: 

State: Zip: 


Any person who, knowingly and with intent to injure, defraud, or deceive any employer or 

employee, insurance company, or self-insured program, files a statement of claim containing 

any false or misleading information commits insurance fraud, punishable as provided in s. 

817.234. Section 440.105(7), F.S. I have reviewed, understand and acknowledge the above 

statement. 

____________________________________ _______ 


Date 

_______ 


Date 




Physician: 

Hospital: 










REMARKS: 

INSURER NAME 



Week 

Month 

Yes 

Broward County Risk Management 

115 S. Andrews Avenue, Suite 210 

Ft. Lauderdale FL 33301 (954) 357-7200 

Form DFS-F2-DWC-1 (08/2004) 

A

Exhibit 2 

Page 188 of 379 

FIRST REPORT OF INJURY OR ILLNESS RECEIVED BY CARRIER SENT TO DIVISION DIVISION REC'D DATE 




Office. Report all deaths within 24 hours 1-800-219-8953 or 

(850) 922-8953 




Home Address 


Street/Apt #: 

City: 

State: 

Zip: 

Telephone: 

OCCUPATION 



Company 

D.B.A.: 

Contact: 

Street: 

City: 



FEDERAL ID NUMBER (FEIN) 

NATURE OF BUSINESS 

DATE FIRST REPORTED 

POLICY/MEMBER NUMBER 



Street: 

City: 


Location # : 


RETURNED TO WORK 



LAST DAY WAGES WILL BE PAID INSTEAD OF 

WORKERS’ COMP 

IF YES, GIVE DATE RATE OF PAY PER 

Hour 

Day 


Street: AGREE WITH DESCRIPTION OF ACCIDENT Number of hours per week 

City: 

State: Zip: 


Any person who, knowingly and with intent to injure, defraud, or deceive any employer or 

employee, insurance company, or self-insured program, files a statement of claim containing 

any false or misleading information commits insurance fraud, punishable as provided in s. 

817.234. Section 440.105(7), F.S. I have reviewed, understand and acknowledge the above 

statement. 

____________________________________ _______ 


Date 

_______ 


Date 




Physician: 

Hospital: 










REMARKS: 

INSURER NAME 



Week 

Month 

Yes 

Broward County Risk Management 

115 S. Andrews Avenue, Suite 210 

Ft. Lauderdale FL 33301 (954) 357-7200 

Form DFS-F2-DWC-1 (08/2004) 

B

Exhibit 2 

Page 189 of 379 


I, _________________________(Principal Officer of Employing Company), as an authorized representative of 

_________________________________(Company Name), hereby certify that all employees reporting for work on the 

work sites have been tested for the presence of drugs or alcohol. 

_____________________________ 

Company Name 

By 

_________________________ 

STATE OF __________________ 

Title _________________________ 

COUNTY OF 

__________________ 

Sworn to and subscribed before me this ___________ day of ______________, 20____ 

by __________________________ who is personally known / or who produced identification 

___________________________ (type of identification produced). 

______________________________________________________ 

Notary Public 

My commission expires: _____________ 

No. ___________________________ 

C

Exhibit 2 

Page 190 of 379 


Note: It is the responsibility of the contractor/subcontractor to assess the workplace to determine if hazards are 

present, or likely to be present, which necessitate the use of Personal Protective Equipment (PPE). 

PPE devices alone should not be relied on to provide protection against hazards, but should be used in conjunction 

with guards, engineering controls, and sound (work) practices. 

Instructions: 

Use this form to identify the proper Personal Protective Equipment required for the work location and task assigned. 

Keep this form on file at the job site. 

I. ASSESSMENT GUIDELINES 

1. Controlling hazards. PPE devices alone should not be relied on to provide protection against hazards, but 

should be used in conjunction with guards, engineering controls, and sound manufacturing practices. 

2. Assessment and selection. It is necessary to consider certain general guidelines for assessing the foot, head, 

eye and face, and hand hazard situations that exist in an occupational or educational operation or process, 

and to match the protective devices to the particular hazard. It should be the responsibility of the safety 

representative to exercise common sense and appropriate expertise to accomplish these tasks. 

3. Assessment guidelines. In order to assess the need for PPE the following steps should be taken: 

a. Survey. Conduct a walk-through survey of the areas in question. The purpose of the survey is to identify 

sources of hazards to workers and co-workers. Consideration should be given to the basic hazard 

categories: 

1. Impact 

2. Penetration 

3. Compression (roll-over) 

4. Chemical 

5. Heat 

6. Harmful dust 

7. Light (optical) radiation 

b. Sources. During the walk-through survey, the safety representative should observe: 

1. Sources of motion; i.e. machinery or processes where any movement of tools, machine elements or 

particles could exist, or movement of personnel that could result in collision with stationary objects 

2. Sources of high temperatures that could result in burns, eye injury or ignition of protective equipment, 

etc. 

3. Types of chemical exposures 

4. Sources of harmful dust 

5. Sources of light radiation, i.e., welding, cutting, brazing, furnaces, heat treating, high intensity lights, 

etc. 

6. Sources of falling objects or potential for dropping objects 

7. Sources of sharp objects which might pierce the feet or cut the hands 

8. Sources of rolling or pinching objects that could crush the feet 

9. Layout of workplace and location of co-workers 

10. Any electrical hazards 

In addition, injury/accident data should be reviewed to help identify problem areas. 

c. Organize data. Following the walk-through survey, it is necessary to organize the data and information for 

use in the assessment of hazards. The objective is to prepare for an analysis of the hazards in the 

environment to enable proper selection of protective equipment. 

D

Exhibit 2 

Page 191 of 379 

d. Analyze data. Having gathered and organized data on a workplace, an estimate of the potential for 

injuries should be made. Each of the basic hazards (paragraph 3.a) should be reviewed and a 

determination made as to the type, level of risk, and seriousness of potential injury from each of the 

hazards found in the area. The possibility of exposure to several hazards simultaneously should be 

considered. 

4. Selection guidelines. After completion of the procedures in Section 3, the general procedure for selection of 

protective equipment is to: 

a) become familiar with the potential hazards and the types of protective equipment that are available, and 

what they can do; i.e. splash protection, impact protection, etc. 

b) Compare the hazards associated with the environment; i.e., impact velocities, masses, projectile shape, 

radiation intensities, etc. with the capabilities of the available protective equipment 

c) Select the protective equipment which ensures a level of protection greater than the minimum required to 

protect employees from the hazards 

d) Fit the user with the protective device and give instructions on care and use of the PPE. It is very 

important that end users be made aware of all warning labels for and limitations of their PPE. 

5. Fitting the device. Careful consideration must be given to comfort and fit. PPE that fits poorly will not afford 

the necessary protection. Continued wearing of the device is more likely if it fits the wearer comfortably. 

Protective devices are generally available in a variety of sizes. Care should be taken to ensure that the right 

size is selected. 

6. Devices with adjustable features. Adjustments should be made on an individual basis for a comfortable fit that 

will maintain the protective device in the proper position. Particular care should be taken in fitting devices for 

eye protection against dust and chemical splashes to ensure that the devices are sealed to the face. In 

addition, proper fitting of helmets is important to ensure that it will not fall off during work operations. In some 

cases a chin strap may be necessary to keep the helmet on the employee’s head. (Chin straps should break at 

a reasonably low force, however, so as to prevent a strangulation hazard). Where manufacturer’s instructions 

are available, they should be followed carefully. 

7. Reassessment of hazards. It is the responsibility of the safety representative to reassess the workplace 

hazard situation as necessary, by identifying and evaluating new equipment and processes, reviewing 

accident records, and reevaluating the suitability of previously selected PPE. 

8. Selection chart guidelines for eye and face protection. Some occupations (not a complete list) for which eye 

protection should be routinely considered are: carpenters, electricians, machinists, mechanics and repairers, 

millwrights, plumbers and pipe fitters, sheet metal workers and tinsmiths, assemblers, sanders, grinding 

machine operators, lathe and milling machine operators, sawyers, welders, laborers, chemical process 

operators and handlers, and timber cutting and logging workers. (Refer to the chart in CFR 29 Section 

1926.102) 

E

Exhibit 2 

Page 192 of 379 

THE SURVEY Location: 

1. The job or situation is: 

2. List of apparent hazards as it relates to number one (1): 

a. Impact 

b. Penetration 

c. Compression 

d. Chemical 

e. Heat 

f. Harmful Dust 

g. Light (optical) 

Radiation 

h. Noise Levels 

i. Respiratory 

F

Exhibit 2 

Page 193 of 379 

4. PPE currently provided: 

5. Additional PPE required: 

6. PPE selections: 

7. Employee PPE training review: 

8. PPE maintenance requirements: 

Hazard Assessment Form completed by: 

Signature and Title 

Date 

G

Exhibit 2 

Page 194 of 379 

INCIDENT/ ACCIDENT INVESTIGATION FORM Report # 

Contractor Name: 

Contract Number: 

Employee: 

Job Title: 

Social Security #__ __ __ - __ __ - __ __ __ __ 

Date of Injury:_______________________________________________ Time:__________________am pm 

Time & Date Reported _____________________________________________________am 

Location of Incident: 

to on site Medical: 

pm 

Employee Supervisor: 

Type of Injury: 

Body Part(s) Affected: 

Disposition: 

Employee Not Sent To Dr. Yes No Employee Refused Treatment 

Sent To: 

Yes No Project Safety Notified 

Emergency Room 

Personal Physician Yes No Project Security Notified 

Onsite First Aid Station 

Time: ________ Person Notified:_________________________________________________________ 

Time: _____________ Person Notified:____________________________________________________ 

Other_________________ Lost Time Projected Time Out:________________________________________________________ 

______________________ 

Lost Time - Restricted Duty Projected Time Out:________________________________________________________ 

____________________ 

Medical Recordable 

Name & Address of medical provider:____________________________________________________________________________________________________ 

Attending Nurse:_____________________________________________________________________________________________________________________ 

Describe In Detail What Employee Was Doing at the Time of Accident 

Witnesses: 

Circle Numbers Identifying Contributing Factors: 

1. Absent/Improper Guarding 

2. Defective Equipment 

3. Weather/Temperature 

4. Inappropriate Personal Protective Equipment 

5. Inadequate Housekeeping 

6. Slippery/Uneven Walking Surface 

7. Improper Storage or Placement of Materials 

8. Inadequate Ventilation 

9. Inadequate Lighting or Noise Control 

10. Improper Layout of Area 

11. Insect/Animals in Work Area 

12. No Unsafe Condition Identified 

13. Other:__________________________________________________ 

Describe Contributing Factors: 

14. Operating Without Authority 

15. Improper Use of Equipment 

16. Inadequate Procedures 

17. Use of Defective Equipment/Tools 

18. PPE Not Used 

19. Inadequate Training 

20. Improper Position or Posture 

21. Horseplay 

22. Altercation 

23. No Unsafe Act Identified 

24. Other:__________________________________________________________ 

25. Other:__________________________________________________________ 

26. Other:________________________________________ 

What actions are being taken to prevent recurrence (Use additional paper if necessary) 

Was SPA developed for task performed at time of accident Yes No (If yes, attach copy to this form.) 

Yes No did you speak with the employee regarding this incident 

Yes No Has employee returned to work 

Yes No Were statements taken Yes 

If not, Last Day Worked:___________ Terminated or laid off___________ 

No Was employee aware of impending layoff/termination 

Investigation team members: 

Reviewed by: 

Supervisor 

Contractor Safety Representative/Date 

Project Safety Manager/Date 

Date of Investigation 

H

Exhibit 2 

Page 195 of 379 

WITNESS STATEMENT 

NAME: 

DATE: 

TIME: 

Project ID# SOCIAL SECURITY NO: - - 

TEMPORARY ADDRESS: 

PHONE: 

PERMANENT ADDRESS: 

PHONE: 

LOCATION AT TIME OF ACCIDENT: 

DESCRIBE, TO THE BEST OF YOUR KNOWLEDGE, HOW THE ACCIDENT HAPPENED: 

Signature 

I

Exhibit 2 

Page 196 of 379 

JOB SAFETY ANALYSIS WORKSHEET (JSA) 

Title of Job/Operation 

Date 

Analysis Performed By: 

Contractor or Subcontractor 

Reviewed By: 

Sequence of Basic 

Job Steps 

Potential Accidents or 

Hazards 

Recommended Safe Job 

Procedures 

Potential Hazards: 

1. Struck By (SB) 

2. Struck Against (SA)) 

3. Contacted By (CB) 

4. Contact With (CW) 

5. Caught On (CO) 

6. Caught In (CI) 

7. Caught Between (CBT) 

8. Fall-Same Level (FS) 

9. Fall to Different Level (FDL) 

10. Overexertion (OE) 

11. Exposure (E) 

J

Exhibit 2 

Page 197 of 379 

Sequence of Basic Job 

Steps 

Potential Accidents or 

Hazards 

Recommended Safe Job 

Procedures 

1. Struck By (SB) 5. Caught On (CO) 9. Fall to Different Level (FDL) 

2. Struck Against (SA) 6. Caught In (CI) 10. Overexertion (OE) 

3. Contacted By (CB) 7. Caught Between (CBT) 11. Exposure (E) 

4. Contact with (CW) 8. Fall - Same Level (FS) 

K

Exhibit 2 

Page 198 of 379 

JOB SAFETY ANALYSIS (JSA) 

STEP 1 

Identify jobs posing the greatest accident risk. 

STEP 2 

Prioritize selected jobs into four (4) main areas: 

STEP 3 

1. Jobs with high accident frequency 

2. Jobs with lower frequency but higher severity 

3. Jobs with serious injury potential 

4. New jobs with no accident history 

Conduct job analysis: 

STEP 4 

STEP 5 

1. Use either the direct observation method or the discussion method. 

2. For best results observe and discuss job using an experienced employee in that 

job. 

You need an understanding of the types of accidents possible in your workplace and you 

must review the records of the past accidents. 

There are six (6) categories of accidents: 

1. Struck (by or against) 

2. Contact (abrasion, electric shock, etc.) 

3. Caught (in, on, between, under) 

4. Fall (from elevation or same level) 

5. Over exertion (stress or strain) 

6. Exposure (exposed to gases, fumes, mists, etc.) 

Develop recommended safe work procedures. Use complete JSA to conduct initial training 

of new employees, or to review safe procedures with existing employees. JSA are also 

useful for accident investigation as a resource. 

L

Exhibit 2 

Page 199 of 379 


Contractor Number: 

Location: 

Contractor’s Authorized Employee: 

Date: 

Machine/Equipment Utilized: 

Employees/Contractors Included In Lock-out Procedure: 

Energy Source(s) Identified: 

Precautions Taken: 

Authorized Employee: 

Shift Change Lock-out Status: 

Signature 

Date: 

Adequate 

N I * 

Adequate 

N I * 

Adequate 

N I * 

Adequate 

N I * 

Adequate 

N I * 

Adequate 

N I * 

Correction Date Authorized Person 






M

Exhibit 2 

Page 200 of 379 

* Needs Improvement-- Stop work, contact the controlling contractor for safety re-evaluation and corrective 

action. 

N

Exhibit 2 

Page 201 of 379 

ORIENTATION ACKNOWLEDGMENT FORM 

My signature below acknowledges my completion of the project safety orientation and review of 

XXXXXXXXXX Project and Security rules and regulations. I agree to adhere to these, as well as 

all other specific project rules and regulations. 

Check as covered: 

Clothing Requirements 

Eye Protection 

Head Protection 

Fall Protection 

Welding & Burn Permits 

Work Permits 

Fire Protection 

Scaffolds 

Drug, Alcohol and Weapons 

Security 

Employee’s Guide to Florida WC Managed Care Program 

Please print clearly. 

Last Name: 

Identification Card Data Sheet 

First Name: 

SSN: ____-___-______ Contractor: 

Subcontractor: 

Trade: ________________________ 

Home Telephone Number: (____) ____-_________ 

I have received and understand the Employee’s Guide to Florida WC Managed Care Program. 

Signature 

Date 

A photo ID will be required at the time the project identification card is issued. 

Contractor Safety Representative Conducting Orientation 

_______________________________________________ ____________________________________ 

(Signature) 

(Please print name) 

O

Exhibit 2 

Page 202 of 379 

SAFE PLAN OF ACTION (SPA) Date: 

1. Write the name of the work area and the job task in the blanks where indicated. 

2. Conduct a walk-through survey of the work area. Plan and review the job task with all of the employees involved. 

On the left side of the form, write down each hazard possible in conducting the task. Consider ways to 

control/eliminate the hazards beyond the use of PPE. 

3. On the right side of the form, put down what can be done to control/eliminate the hazard. 

4. Use PPE checklist on the back of this form to review required protective equipment. 

5. When completing the hazard assessment, include any hazards specific to location of work, whether created by 

work activity or previously existing. 

Work Area 

Job Task 

HAZARDS ASSESSMENT 

SAFE PLAN 

CREW/TEAM MEMBER SIGNATURES 

P

Exhibit 2 

Page 203 of 379 


To General Contractor: 

Date: 

Subcontractor (if applicable): Contract #: 

The contractor/subcontractor has been verbally notified that the following work conditions do not conform to safety 

requirements established for the project: 

Contractor Safety Representative Initial 

Resolved Yes/No (If not resolved formal SO issued) SO- 

Broward County is formally notifying the contractor/subcontractor that the following condition(s) are in non-compliance 

with the safety requirements established for the 

project:___________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________ 

Originator: 

Contractor’s Corrective Action: 

Date: 

Corrective Action Completed 

Corrective Action Verified: 

Contractor Safety Representative Signature/Date 

Originator Signature/Date 

 

 

Complete 

Not Complete 

2nd Notice Sent 

Complete Sign Off 

Date 

Originator Signature/Date 

Q

Exhibit 2 

Page 204 of 379 


This form is to be completed by supervisors for all safety meetings conducted. 

DATE: 

CONTRACTOR: 

SUBCONTRACTOR: 

CONDUCTED BY: 

SUBJECT(S) 

DISCUSSED: 

ATTENDEES 

PRINT NAME PROJECT SIGN NAME 

Use reverse side if necessary 

R

Exhibit 2 

Page 205 of 379 


INJURY AND ILLNESS STATISTICS 

Month 20_ 

Name of Contractor: 

Name of Subcontractor: 

Location: Date of Report / / 

Prepared by: 

(Name, Title and Company) 

 

 

Single Contractor Report 

Contractor’s composite report; list names of subcontractors in Remarks and attach a copy of each 

subcontractor’s single monthly report. 

Total for Month 

Cumulative Total YTD 

First Aid Cases 

* OSHA Recordable Cases 

* OSHA Lost Workday Cases 

* Lost Workdays 

Fatalities 

Total Work Hours 

Remarks: 

(Check if continued on back of form) 

Notes: If you are a subcontractor, please identify your General Contractor. 

* As defined by Federal OSHA 

S

Exhibit 2 

Page 206 of 379 

Exhibit 8 


Project 3300 

DIVISION 1 SPECIFICATIONS 

Terminal 4 Gate Replacement 

& Western Expansion 

Fort Lauderdale - Hollywood International Airport 

Version: 081010.1

Exhibit 2 

Page 207 of 379 

DIVISION 1 - GENERAL REQUIREMENTS 


SECTION 

TITLE 

01010 Summary of Work 

01039 Coordination of Work 

01040 Project Coordination 

01045 Cutting and Patching 

01050 Field Engineering 

01095 Reference Standards and Definitions 

01110 Airport Project Procedures 

01255 CPEAM Procedures 

01260 Contract Modification Procedures 

01315 Progress Schedules (Computerized CPM) 

01340 Shop Drawings, Product Data and Samples 

01390 Control of Work 

01400 Quality Control Services 

01500 Temporary Facilities 

01540 Construction Safety Plan and Requirements 

01545 Utilities 

01560 Prevention, Control and Abatement of Erosion and Water Pollution Control 

01561 Construction Cleaning 

01600 Material and Equipment 

01630 Substitutions and Product Options 

01650 Starting and Testing of Systems 

01740 Warranties (Pending) 

01770 Project Closeout (Pending) 

END OF SECTION 

Version: 081010.1

DIVISION 1 SPECIFICATIONS - SECTION 01010 – SUMMARY OF WORK 

Exhibit 2 

Page 208 of 379 

PART 1 – GENERAL 

1.01 RELATED DOCUMENTS 

A. Precedence 

1. In case of a conflict between these Division 1 Specifications and the CM-@- 

RISK CONTRACT (CMR), the CM-@-RISK CONTRACT (CMR) shall govern. 

B. Related Sections 

The DIVISION 01 Specifications, CM @ RISK CONTRACT, Technical Specifications, and 

Supplemental Conditions (as applicable) are a reference for all individual Division 01 Sections., 

1.02 DESCRIPTION 

A. Project / Work Identification: 

1. The general overall description of the Work of the Contract for the: 

Terminal 4 Gate Replacement is as shown on the drawings, 

specifications and Contract Documents. 

2. The CM@Risk services will be contracted in three phases: 

Phase l: Preconstruction Services and Early Investigative Work 

Phase ll: Continuation of Phase I services and work, as needed 

and Early Construction work. 

Phase lll: GMP Construction Services including but not limited to 

overseeing the complete building enclosure, interior finishes, furnishings, 

FF&E, special equipment and systems, mechanical, electrical and 

plumbing systems for the build-out of the Project. 

3. Construction Project Management 

The County has a Construction Project Management (CPM) Firm that will 

administer this project. 

B. Contract Documents: 

C. Intent: 

Requirements of the Work are contained in the Contract Documents, and 

included cross-references herein to published information, which is not 

necessarily bound therein. 

The intent of the Contract is to provide for construction and completion in an 

efficient manner, in every detail, of the Work described. It is further intended that 

the CONTRACTOR shall furnish all labor, materials, equipment, tools, 

transportation, and supplies required to complete the Work in an efficient manner 

in accordance with the Contract Documents. 

Section 01010 Summary of Work Page 3


Exhibit 2 

Page 209 of 379 

D. Protection of Underground Facilities: 

The location of all underground facilities, including but not limited to gas, liquid 

petroleum, and FAA communications lines MUST be verified by the 

CONTRACTOR prior to starting any construction. 

1.03 LIMITS OF CONSTRUCTION AND CONTRACTOR USE OF PREMISES 

The work set forth in these contract documents includes the furnishing of all 

labor, materials, equipment, services and incidentals for construction. 

1.04 DESCRIPTION OF THE WORK 

The Work of the Project Terminal 4 Gate Replacement, repositioning/relocation 

of Certain Concourse H Gates, Western Expansion of Concourse H, a secure 

connector from Terminal 3 to the new Terminal 4, new office space for Broward 

County Aviation Department (BCAD) and related work at Fort Lauderdale - 

Hollywood International Airport as indicated in the Construction Drawings and 

Specifications. 

1.05 PRODUCTS SUPPLIED BY OTHERS 

A. Items furnished by COUNTY for installation by COUNTY: 

The COUNTY may award various contracts for purchasing and installing 

specified materials. Material Lists from those purchase contracts are listed in the 

Contract Documents. The CONTRACTOR shall cooperate with the COUNTY 

CONTRACTORS and provide access to the work areas as necessary. 

B. Items furnished by COUNTY for installation by CONTRACTOR: 

1.06 SCHEDULING 

The COUNTY may award various contracts for purchasing and installing 

specified materials. Material Lists from those purchase contracts are listed in the 

Contract Documents. The CONTRACTOR shall receive, inspect, unload 

specified materials from the transporter, transport to secure storage, and load 

and deliver the materials to the site for installation. 

The CONTRACTOR shall be responsible for the planning and scheduling, and 

coordination of all Work performed under the Contract Documents, so that 

materials will arrive on schedule and installation will proceed without delay. 



Exhibit 2 

Page 210 of 379 

1.07 LIST OF RELATED WORK 

A. During performance of the Work under this Contract, the following other contracts 

may be under construction: 

1. Terminal 4 Gate Replacement – Phase 2 (Eastern Expansion) 

2. Demolition of East Side facilities 

3. Demolition of West Side facilities 

4. Aircraft Parking Apron – Western Expansion 

5. Hydrant Fueling – Western Expansion 

6. Landside Improvements 

7. BHS/EDS Equipment 

In addition to these projects, new contracts may come up in future during the 

duration of the project. 

1.08 COOPERATION BETWEEN CONTRACTORS 

A. One or more contracts may be required to construct the project. When separate 

contracts are awarded for different portions of the project, the contractor in each 

case shall be the person other than the COUNTY who signs each separate 

contract. 

B. The COUNTY reserves the right to contract for and perform other or additional 

construction on or near the Work covered by this Contract. 

C. When separate contracts are let within or near the limits of the Project, the 

CONTRACTOR shall conduct his Work so as not to interfere with or hinder the 

progress of completion of the construction performed by other Contractors. 

Contractors working on the same Project shall cooperate with each other as 

directed by the CPM. 

D. The CONTRACTOR shall assume all liability, financial or otherwise, in 

connection with his Contract and shall protect and save harmless the COUNTY 

and the CPM from any and all damages or claims. 

E. The CONTRACTOR shall arrange his Work and shall place or dispose of the 

materials being used as not to interfere with the operations of the other 

contractors within or near the limits of the Project. The CONTRACTOR shall join 

his Work with that of the others in an acceptable manner and shall perform it in 

proper sequence to that of the others. 



Exhibit 2 

Page 211 of 379 

1.09 COUNTY OCCUPANCY 

A. The COUNTY will occupy the adjacent parking structures, terminals and 

roadways during the entire period of construction. 

PART 2 – PRODUCTS 

PART 3 – EXECUTION 

(Not Used) 

(Not Used) 

END OF SECTION 01010 - SUMMARY OF WORK 


DIVISION 1 SPECIFICATIONS - SECTION 01039 COORDINATION OF WORK 

Exhibit 2 

Page 212 of 379 

PART 1 - GENERAL 

1.01 COORDINATION OF WORK 

A. All areas of Project site will remain in operation during the course of construction. 

Coordination of access and scheduling of work in Customs and Border Protection 

(CBP), baggage, airside and passenger areas shall be identified and reviewed on 

a daily basis with CPM. 

B. Coordinate scheduling, submittals, and Work of the various Sections of 

specifications to assure efficient and orderly sequence and installation of 

interdependent construction elements. 

C. Verify that the utility requirement characteristics of operating equipment are 

compatible with building utilities. Coordinate work of various Sections having 

interdependent responsibilities for installing, connecting to, and placing in 

service, such equipment. 

D. Coordinate space requirements and installation of mechanical and electrical 

work, which are indicated diagrammatically on Drawings. Follow routing shown 

for pipes, ducts, and conduit, as closely as practicable; place runs parallel with 

line of building. Utilize spaces efficiently to maximize for other installations, for 

maintenance, and for repairs. 

E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring 

within the construction. Coordinate locations of fixtures and outlets with finish 

elements. 

F. Coordinate completion and clean up of work of separate Sections in preparation 

for Substantial Completion. 

G. After COUNTY occupancy of premises, coordinate access to site for correction of 

defective work and work not in accordance with the Contract Documents, to 

minimize disruption of COUNTY’s activities. 

1.02 COORDINATION OF SPECIFICATIONS (Not Used) 

1.03 TIME FOR COMPLETION 

A. Time limits stated in the Contract Documents are the essence of the Contract. 

By executing the Agreement the CONTRACTOR confirms that the Time for 

Completion is a reasonable period for performing the work. The CONTRACTOR 

shall proceed expeditiously with adequate forces and shall achieve Substantial 

Completion within the time for completion. 

Section 01039 Coordination of Work Page 7


Exhibit 2 

Page 213 of 379 

B. The CONTRACTOR, having vast experience in the construction of improvements 

in South Florida, recognizes that unforeseen conditions occur and that as a 

normal course of construction there may be rain days, difficulties in obtaining 

materials and labor, requests for information from the CONTRACTOR to the 

CPM or CONSULTANT (Architect/Engineer), submittals, shortages and 

inefficiencies in operations. 

1.04 DISCREPANCIES, INTERPRETATION AND OMISSIONS 

A. Any doors shown on the Drawings but not scheduled shall be assumed to be 

identical to the nearest door of similar size and type for purposes of bidding and 

construction. Bring any apparent discrepancies to the attention of the 

PROGRAM MANAGER for interpretation prior to commencing with the Work. 

B. Any room, wall, floor, or ceiling finish not scheduled shall be assumed to be 

identical to the nearest room of similar use and type for purposes of bidding and 

construction. Bring any apparent discrepancies to the attention of the PROGRAM 

MANAGER for interpretation prior to commencing with the Work. 

C. Should conflict occur between the Contract Documents, the CONTRACTOR is 

deemed to have based his bid upon the more expensive method of performing 

the Work unless he has requested and received a written decision from the 

PROGRAM MANAGER before submission of his bid. 

D. The term “artistic effect” as used herein refers to color, texture, profile, and 

relation of masses. The CONSULTANT shall be the sole interpreter of the 

design intent with respect to such matters, but the CONSULTANT’s authority with 

respect thereto shall not circumvent any other rights of either the COUNTY or the 

CONTRACTOR ascribed to them by other provisions of the Contract. 

1.05 DEFINITIONS 

A. Products: Means new material, machinery, components, equipment, fixtures, and 

systems forming the Work, but does not include machinery and equipment used 

for preparation, fabrication, conveying and erection of the work. Products may 

also include existing materials or components required for reuse. 

B. Furnish: To supply and deliver, unload, inspect for damage (same as supply). 

C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and 

make ready for use. 

D. Provide: To furnish or supply, plus install. 



Exhibit 2 

Page 214 of 379 

E. Supply: To supply and deliver, unload, inspect for damage (same as furnish). 

PART 2 - PRODUCTS 

2.01 EQUIPMENT ELECTRICAL CHARACTERISTICS AND COMPONENTS 

A. Motors: Specific motor type is specified in individual specification sections. 

B. Wiring Terminations: Provide terminal lugs to match branch circuit conductor 

quantities, sizes, and materials indicated. 

C. Cord and Plug: Provide minimum six (6) foot cord and plug including grounding 

connector for connection to electric wiring system. Cord of longer length is 

specified in individual specification sections. 

PART 3 - EXECUTION 

(Not Used) 

END OF SECTION 01039 - COORDINATION OF WORK 



SECTION 01040 PROJECT COORDINATION 

Exhibit 2 

Page 215 of 379 



A. Minimum administration and supervisory requirements necessary for 

coordination of Work on the Project include but are not necessarily limited to the 

following: 

1. Pre-Construction Conference 

2. Coordination and Progress Meetings 

3. Administration and Supervisory personnel 

4. Special Reports 

5. Communications 

6. Daily Reports 

7. Record Drawings (As-Builts) 

8. Pre-Installation 

1.02 PRECONSTRUCTION CONFERENCE 

A. Before beginning Early Construction or GMP Work at the Site, the 

CONTRACTOR shall attend a preconstruction conference and bring with him the 

Project Management Team employed for this Project. In the event a Team 

member is unable to attend the CONTRACTOR shall bring with him a Letter of 

Introduction in which he advises the full names and duties of the Team 

member(s) and states that they are assigned to the Project and will be in full 

responsible charge. This conference will be called by the CPM who will arrange 

for the CONSULTANT and other interested parties to be present. The 

CONTRACTOR shall also notify his major subcontractors and suppliers of this 

meeting if their attendance is required. At this time, all parties will discuss the 

Project under Contract and prepare a program of procedure in keeping with 

requirements of the Contract Documents. The CONTRACTOR’s Project 

Management Team will henceforth make every effort to expeditiously coordinate 

all phases of the Work, including the required reporting procedure, to obtain the 

end result within the full purpose and intent of the Contract Documents for this 

Project. 

1.03 COORDINATION AND PROGRESS MEETINGS 

A. The CPM will prepare a written memorandum on required coordination activities. 

Included will be such items as required notices, reports, and attendance at 

meetings. This memorandum will be distributed to each entity performing 

construction at the Project Site. 

Section 01040 Project Coordination Page 10



Exhibit 2 

Page 216 of 379 

B. In addition to specific coordination and pre-installation meetings for each element 

of work, and other regular project meetings for other purposes, hold general 

progress meetings at least every week with time coordinated with preparation of 

payment request. Review present and future needs including interface 

requirements, time, sequences, deliveries, access, site utilization, temporary 

facilities and services, hours of work, hazards and risks, housekeeping, change 

orders and documentation of information for payment requests. 

C. Discuss whether each element of current Work is ahead of schedule, on time, or 

behind schedule in relation with updated progress schedule. Determine how 

behind-schedule Work will be expedited and secure commitments from parties 

involved. Discuss whether schedule revisions are required to ensure that current 

Work and subsequent Work will be completed within Contract Time. 

D. Review everything of significance, which could affect progress of work. 

E. The CPM records results of the meeting and distributes copies to everyone in 

attendance and to others affected by decisions or actions resulting from each 

meeting. 

1.04 PRE-INSTALLATION CONFERENCES 

Record significant discussions of each conference, and record agreements and 

disagreements, along with final plan of action. Distribute record of meeting 

promptly to everyone concerned, including CPM and CONSULTANT. 

1.05 REPORTING AND SCHEDULES 

A. Within three (3) days after each meeting date, the CPM shall distribute a brief 

summary, in narrative form, of progress of Work since previous meeting and 

report. 

B. Schedule Updating: 

1.06 SPECIAL REPORTS 

The CONTRACTOR shall update schedules weekly to include revisions resulting 

from information discussed at meetings held since the previous schedule update. 

The CONTRACTOR shall distribute a tabular, early start / total float report to the 

CPM. 

A. CONTRACTOR shall prepare a report that provides information on the value 

engineering and constructability review phase of the Pre-Construction work. The 

report will, among other things, identify: the Work items that value engineering 




Exhibit 2 

Page 217 of 379 

was applied against, the cost of the initial item, the cost of the selected item, the 

ability of the value item to perform with the same functionality and safety level as 

the initial item, the decision of incorporating the value item in the design and 

notes; the Work items that received constructability review, aspects of the initial 

design, aspects of the final design, the cost or time savings of the proposed 

constructability review item, the decision of incorporating the constructability item 

in the final design, and notes; the Work items that received gap analysis shall be 

identified, and a solution to the gap noted. A draft copy of this report shall be 

submitted to the CPM within 30-calendar days after the 100% construction 

documents are completed, for approval. The CONTRACTOR shall update the 

draft report and submit the final report to the CPM within 60-calendar days after 

the 100% construction documents are complete. 

B. Reporting Unusual Events: When an event of an unusual and significant nature 

occurs at the site, CONTRACTOR shall prepare and submit a special report to 

the CPM. List chain of events, persons participating, response by the 

CONTRACTOR’s personnel, an evaluation of the results or effects and similar 

pertinent information. Advise the CPM and CONSULTANT as soon as possible 

when such events are known. 


(Not Used) 


3.01 GENERAL COORDINATION PROVISIONS 

Inspection of Conditions: Inspect conditions under which work is to be performed. Do 

not proceed until unsatisfactory conditions have been corrected in an acceptable 

manner. 

END OF SECTION 01040 - PROJECT COORDINATION 



SECTION 1045 CUTTING AND PATCHING 

Exhibit 2 

Page 218 of 379 


1.01 Description 

A. Cutting and patching includes cutting into existing construction to provide for 

installation or performance of other Work, subsequent fitting, and patching 

required to restore surfaces to original condition. 

B. Proceed with cutting and patching at earliest feasible time and complete Work 

without delay except when work will impact traffic lanes, written approval by the 

CPM shall be obtained at least 72 hrs before impacting traffic lanes. 

C. Execute cutting, fitting, and patching, including attendant excavation and backfill, 

required to perform Work and to: 

1. Make several parts fit together properly. 

2. Uncover portions of Work to make provisions for installation of ill-timed 

Work. 

3. Remove and replace defective Work. 

4. Remove and replace Work not conforming to requirements of Contract 

Documents. 

5. Remove samples of installed Work as required for testing. 

6. Make routine penetrations of non-structural surfaces for installation of 

piping and electrical conduit. 

7. Uncover Work to allow for CPM’s observation of covered Work, which has 

been covered prior to required observation of CPM. 

D. Cutting and patching performed during manufacture of products, or during initial 

fabrication, erection or installation processes is not considered to be cutting and 

patching. Drilling of holes to install fasteners and similar operations are also not 

considered to be cutting and patching. 

E. Refer to other sections of Specifications for specified cutting and patching 

requirement and limitations applicable to individual units of Work. 

F. Do not cut and patch the following categories of Work, without CPM’s written 

acceptance of procedures: 

1. Structural steel. 

2. Miscellaneous structural metals, including lintels, equipment supports, 

stair systems, and similar categories of Work. 

3. Structural concrete. 

Section 01045 Cutting and Patching Page 13



Exhibit 2 

Page 219 of 379 

4. Foundation construction. 

5. Bearing and retaining walls. 

6. Structural decking. 

7. Exterior wall construction. 

8. Piping, ductwork, vessels, and equipment. 

9. Water, moisture, vapor, air, and smoke barriers, membranes, and 

flashing. 

10. Noise and vibration control elements and systems. 

11. Control, communication, conveying, and electrical wiring systems. 

12. Primary operational systems and equipment. 

G. For new Work, retain original installer or fabricator, or another recognized 

experienced and specialized firm to perform cutting and patching. 

1.02 SUBMITTALS 

A. Procedural Proposal for Cutting and Patching: 

1. Where prior acceptance of cutting and patching is required, submit 

proposed procedures for Work well in advance of time Work will be 

performed. 

2. Including the following information, as applicable, in submittal: 

a. Describe nature of Work and how it is to be performed, indicating 

why cutting and patching cannot be avoided. 

b. Describe anticipated results of Work in terms of change to existing 

Work, including structural operational and visual changes as well 

as significant elements. 

c. List products to be used and firms that will perform Work. 

d. Dates when Work is expected to be performed. 

e. List utilities that will be disturbed or otherwise be affected by 

Work, including utilities that will be relocated and utilities that will 

be out-of-service temporarily. 

f. Indicate how long utility service will be disrupted. 

B. Review of procedural proposal by CPM does not waive CPM’s’s right to later 

require complete removal and replacement of Work found to be cut and patched 

in unsatisfactory manner. 




Exhibit 2 

Page 220 of 379 


2.01 MATERIALS 

A. Use materials for cutting and patching that are identical to existing materials. If 

identical materials are not available, or cannot be used, use materials that match 

existing adjacent surfaces to fullest extent possible with regard to visual effect. 

B. Use materials for cutting and patching that will result in equal-or-better 

performance characteristics. 

C. Comply with specifications and standards for each specific product involved. 


3.01 EXAMINATION 

A. Before cutting, examine surfaces and conditions under which Work is to be 

performed. If unsafe or otherwise unsatisfactory conditions are encountered, 

take corrective action before proceeding with Work. 

B. Before start of cutting Work, meet at Work Site with all parties involved in cutting 

and patching, including mechanical and electrical trades. Review areas of 

potential interference and conflict between various trades. Coordinate layout of 

Work and resolve potential conflict before proceeding with Work. 

3.02 PREPARATION 

A. Provide adequate temporary support as necessary to assure structural value or 

integrity of affected portion of Work. 

B. Protect other Work during cutting and patching to prevent damage. Provide 

protection from adverse weather conditions for that part of project that may be 

exposed during or after cutting and patching operations. 

C. Avoid interference with use of adjoining areas or interruption of free passage to 

adjoining areas. 

D. Take precautions not to cut existing pipe, conduit, or duct serving building but 

schedule to be relocated until provisions have been made to bypass them. 




Exhibit 2 

Page 221 of 379 

3.03 CUTTING 

A. Cut Work using methods that is least likely to damage work to be retained or 

adjoining Work. 

B. Use small power tools designed for sawing or grinding, not hammering and 

chopping. Cut through concrete and masonry using cutting machine such as 

carborundum saw or core drill to ensure a neat hole. Cut holes and slots neatly 

to size required with minimum disturbance of adjacent Work. To avoid marring 

existing finished surfaces, cut or drill from exposed or finished side into 

concealed surfaces. Temporarily cover openings when not in use. 

C. Bypass utility services such as pipe and conduit, before cutting, where such utility 

services are shown or required to be removed, relocated, or abandoned. Cut-off 

conduit and pipe in walls or partitions to be removed. After bypass and cutting, 

cap, valve, or plug and seal tight remaining portion of pipe and conduit to prevent 

entrance of moisture or other foreign matter. 

D. Do not cut and patch operational elements or safety related components in a 

manner that would result in reduction of capacity to perform in manner intended, 

including energy performance or that would result in increased maintenance, 

decreased operational life or decreased safety. 

E. Do not cut and patch Work in a manner that would result in substantial visual 

evidence of cut and patch Work. Remove and replace Work judged by the CPM 

to be cut and patched in a visually unsatisfactory manner. 

3.04 PATCHING 

A. Patch with seams, which are durable and as invisible as possible. Comply with 

specified tolerances for Work. 

B. Where feasible, inspect and test patched areas to demonstrate integrity of Work. 

C. Restore exposed finishes of patched areas and where necessary extend finished 

restoration into retained adjoining Work in a manner which will eliminate 

evidence of patching and refinishing. 

D. Install new products to complete Work in accordance with requirements of 


3.05 ADJUSTING 

A. Restore damaged pipe covering to original conditions. 




Exhibit 2 

Page 222 of 379 

B. Remove and replace Work cut and patched in visually unsatisfactory manner. 

3.06 CLEANING 

Thoroughly clean areas and spaces where Work, is performed or used as access 

to Work. Remove paint, mortar, oils, putting, and items of similar nature. 

Thoroughly clean piping, conduit, and similar features before painting or other 

finished is applied. 

END OF SECTION 01045 - CUTTING AND PATCHING 



SECTION 01050 FIELD ENGINEERING 

Exhibit 2 

Page 223 of 379 


1.01 REQUIREMENTS INCLUDED 

A. Data furnished by the COUNTY, the CPM or the CONSULTANT will locate and 

reference survey base lines and will establish benchmarks at appropriate 

intervals along the base line to facilitate the proper layout of the Work by the 

CONTRACTOR. The CONTRACTOR shall preserve all reference points and 

benchmarks furnished by the COUNTY, the CPM or the CONSULTANT. 

B. The CONTRACTOR shall furnish all lines, grades, and measurements necessary 

to the proper prosecution and control of the Work under these Contract 

Documents. The Work shall include performing all calculations required and 

setting all control needed, such as offsets, reference points, and other reference 

marks or points necessary to provide lines and grades for construction. The data 

furnished by the COUNTY, CPM or the CONSULTANT will establish horizontal 

and vertical control points only. The CONTRACTOR is thereafter responsible to 

maintain these control points for use by subsequent contractors. 

C. Horizontal and Vertical Control: The CONTRACTOR shall also establish 

horizontal and vertical controls for carrying out utility relocation or construction 

Work when such Work is included in the Contract. 

D. The CONTRACTOR shall establish the building grades, lines, levels, column, 

wall and partition lines required. 

E. The CONTRACTOR shall calculate and measure required dimensions indicated 

within recognized tolerances and should not scale drawings to determine 

dimensions. 

F. The CONTRACTOR shall advise subcontractors performing Work of marked 

lines and levels provided for use in layout of Work. 

1.02 SURVEY 

A. Surveyor: Engage Land Surveyor or Professional Engineer experienced and 

specializing in land survey Work, who is registered by the State of Florida to 

perform specified service. 

B. The CONTRACTOR shall retain a competent Registered Professional Engineer 

or Registered Land Surveyor, who shall establish the exterior lines and required 

elevations of all buildings and structures to be erected on the site and shall 

establish sufficient lines and grades for the construction of associated Work such 

as, but not limited to, roads, utilities and site grading. The Engineer or Land 

Section 01050 Field Engineering Page 18



Exhibit 2 

Page 224 of 379 

Surveyor shall certify as to the actual location of the constructed facilities in 

relation to property lines, building lines, easements, and other restrictive 

boundaries. 

C. Procedure: The CONTRACTOR shall: 

1. Verify layout information indicated in relation to property survey and 

existing benchmarks, before proceeding with layout of actual Work. 

2. As Work proceeds, check major element for line, levels, and plumb. 

3. Maintain accurate surveyor’s log or record book of such checks, available 

for CPM’s and CONSULTANT’s reference at reasonable times. 

4. Record deviations from required lines and levels. 

5. Advise CPM promptly upon detection of deviations exceeding indicated or 

recognized tolerances. 

6. Record deviations, which are accepted on Project Record Drawings. 

1.03 RECORDS: The CONTRACTOR shall: 

A. Maintain complete, accurate log of control and survey Work as it progresses. 

B. On completion of foundation walls and major site improvements, prepare certified 

survey showing dimensions, locations, angles, and elevations of construction. 

C. Final Property Surveys: The CONTRACTOR shall: 

1. Immediately before time of Substantial Completion, prepare final property 

survey showing significant features resulting from construction of project. 

2. Include on survey certification, signed by surveyor, to the effect that 

principal lines and levels of project are accurately positioned as shown on 

survey. 

D. Survey Copies: Furnish two (2) copies of survey data, except furnish ten (10) 

copies of final property survey. Surveys shall also be provided in CAD and PDF 

Format on a CD. 

E. Records of Actual Work: Furnish four (4) copies, one of which will be returned for 

inclusion in Project Record Documents as specified in Contract Closeout Section 

01700. Records of Actual Work shall also be provided in ACAD and PDF format 

on a CD when required by the CPM. 

1.04 UNDERGROUND OBSTRUCTIONS 

A. Pipe lines, existing underground installation, and underground structures in 

vicinity of Work are shown on Drawings according to best information available. 




Exhibit 2 

Page 225 of 379 

B. The CONTRACTOR shall verify location of underground pipelines, conduits, and 

structures by hand probing in advance of excavation. 

C. The CONTRACTOR shall request written permission from the CPM five (5) 

business days before initiating new construction or demolitions over existing 

utilities including irrigation. 

D. The CONTRACTOR shall repair cuts to existing utilities made during construction 

process as part of Project Work to the satisfaction of the CPM without an 

increase to the GMP. 


(Not Used) 


3.01 EXAMINATION 

A. General: Verify layout information shown on the Drawings, in relation to the 

property survey and existing benchmarks, before proceeding to lay out the Work. 

Locate and protect existing benchmarks and control points. Preserve permanent 

reference points during construction. 

1. Do not change or relocate benchmarks or control points without prior 

written approval. Promptly report lost or destroyed reference points or 

requirements to relocate reference points because of necessary changes 

in grade or locations. 

2. Promptly replace lost or destroyed Project control points. Base 

requirements on the original survey control points. 

B. Establish and maintain a minimum of 2 permanent benchmarks on the site, 

referenced to data established by survey control points. 

1. Record benchmarks locations, with horizontal and vertical data, on Asbuilt 

drawings. Datum for horizontal and vertical controls shall be as 

established in the Project Contract Documents. 

C. Existing Utilities and Equipment: The existence and location of underground and 

other utilities and construction indicated as existing are not guaranteed. Before 

beginning site work, investigate and verify the existence and location of 

underground utilities and other construction. 

1. CONTRACTOR procedures to be followed as defined in THE CM-AT 

RISK CONTRACT (CMR). 




Exhibit 2 

Page 226 of 379 

3.02 PERFORMANCE 

A. Surveyor’s Log: Maintain a surveyor’s log of control and other survey work. 

Make this log available for reference. 

B. Existing Utilities: Furnish information necessary to adjust, move, or relocate 

existing structures utility poles, lines, services, or other appurtenances located in 

or affected by demolition operations. Coordinate with local authorities having 

jurisdiction. 

C. Final Property Survey: Prepare a final property survey for the Project. Include 

on the survey certification, signed by the surveyor, that principal metes, bounds, 

lines, and level of the Project are accurately positioned as shown on the 

drawings in hard copy along with ACAD and PDF format on a CD. 

END OF SECTION 01050 - FIELD ENGINEERING 



SECTION 01095 REFERENCE STANDARDS AND DEFINITIONS 

Exhibit 2 

Page 227 of 379 


1.01 DEFINITIONS 

A. General: Basic contract definitions are included in the Conditions of the 

Contract. 

B. "Indicated": The term "indicated" refers to graphic representations, notes, or 

schedules on the Drawings; or to other paragraphs or schedules in the 

Specifications and similar requirements in the Contract Documents. Terms such 

as "shown," "noted," "scheduled," and "specified" are used to help the user locate 

the reference. Location is not limited 

C. "Directed": Terms such as "directed," "requested," "authorized," "selected," 

"approved," "required," and "permitted" mean directed by the CPM or 

CONSULTANT, requested by the CPM or CONSULTANT, and similar phrases. 

D. "Approved": The term "approved," when used in conjunction with the CPM’s or 

CONSULTANT’s action on the CONTRACTOR's submittals, applications, and 

requests, is limited to the CPM’s or CONSULTANT’s duties and responsibilities 

as stated in the Conditions of the Contract. 

E. "Regulations": The term "regulations" includes laws, ordinances, statutes, and 

lawful orders issued by authorities having jurisdiction, as well as rules, 

conventions, and agreements within the construction industry that control 

performance of the Work. 

F. “Furnish”: The term “furnish” by CONTRACTOR means to supply and deliver to 

the Project storage site, and unload, unpack, assemble, and perform similar 

operations. 

G. “Install”: The term “install” describes operations at the Project site including the 

actual unloading, temporary storage, unpacking assembling, erecting, placing, 

anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, 

and similar operations. 

H. “Provide”: The term “provide” means to furnish and install, complete and ready 

for the intended use. 

I. "Installer": An installer is the CONTRACTOR or another entity engaged by the 

CONTRACTOR, either as an employee, subcontractor, or contractor of lower tier, 

who performs a particular construction activity including installation, erection, 

application, or similar operations. Installers are required to be experienced in the 

operations they are engaged to perform. 

1. Experienced: The term "experienced," when used with the term "installer," 

means having successfully completed a minimum of 5 previous projects 

similar in size and scope to this Project; being familiar with the special 

requirements indicated; and having complied with requirements of 

authorities having jurisdiction. 

Section 01095 Reference Standards and Definitions Page 22



Exhibit 2 

Page 228 of 379 

2. Trades: Using terms such as "carpentry" does not imply that certain 

construction activities must be performed by accredited or unionized 

individuals of a corresponding generic name, such as "carpenter." It also 

does not imply that requirements specified apply exclusively to 

tradespeople of the corresponding generic name. 

3. Assigning Specialists: Certain Sections of the Specifications require that 

specific construction activities shall be performed by specialists who are 

recognized experts in those operations. The specialists must be engaged 

for those activities, and their assignments are requirements over which 

the CONTRACTOR has no option. However, the ultimate responsibility 

for fulfilling contract requirements remains with the CONTRACTOR. 

a. This requirement shall not be interpreted to conflict with enforcing 

building codes and similar regulations governing the Work. It is 

also not intended to interfere with local trade-union jurisdictional 

settlements and similar conventions. 

J. "Project site" is the space available to the CONTRACTOR for performing 

construction activities, either exclusively or in conjunction with others performing 

work as part of the Project. The extent of the Project site is shown on the 

Drawings and may or may not be identical with the description of the land on 

which the Project is to be built. 

K. "Testing Agencies": A testing agency is a entity engaged by the CONTRACTOR, 

CONSULTANT, or COUNTY to perform specific inspections or tests, either at the 

Project site or elsewhere, and to report on and, if required, to interpret results of 

those inspections or tests. 

1.02 SPECIFICATION FORMAT AND CONTENT EXPLANATION 

A. Specification Format: These Specifications are organized into Divisions and 

Sections based on the Construction Specifications Institute's 18-division format 

and "MasterFormat" numbering system. 

B. Specification Content: These specifications use certain conventions for the style 

of language and the intended meaning of certain terms, words, and phrases 

when used in particular situations. These conventions are as follows: 

1. Abbreviated Language: Language used in the Specifications and other 

Contract Documents is abbreviated. Words and meanings shall be 

interpreted as appropriate. Words implied, but not stated, shall be 

interpolated as the sense requires. Singular words shall be interpreted as 

plural and plural words interpreted as singular where applicable as the 

context of the Contract Documents indicates. 

2. Imperative mood and streamlined language are generally used in the 

Specifications. Requirements expressed in the imperative mood are to 

be performed by the CONTRACTOR. At certain locations in the Text, 

subjective language is used for clarity to describe responsibilities that 




Exhibit 2 

Page 229 of 379 

1.03 INDUSTRY STANDARDS 

must be fulfilled indirectly by the CONTRACTOR or by others when so 

noted. 

A. Applicability of Standards. Unless the Contract Documents include more 

stringent requirements, applicable construction industry standards shall have the 

same force and effect as if bound or copied directly into the Contract Documents 

to the extent referenced. Such standards are made a part of the Contract 

Documents by reference. 

B. Publication Dates. CONTRACTOR shall comply with the standards in effect as 

of the date of the Contract Documents. 

C. Conflicting Requirements. Where compliance with 2 or more standards is 

specified and the standards establish different or conflicting requirements for 

minimum quantities or quality levels, CONTRACTOR shall comply with the most 

stringent requirement, and shall refer uncertainties and requirements that are 

different but apparently equal to the CPM for a decision before proceeding. 

1. Minimum Quantity or Quality Levels. The quantity or quality level shown 

or specified shall be the minimum provided or performed. The actual 

installation may comply exactly with the minimum quantity or quality 

specified, or it may exceed the minimum within reasonable limits. To 

comply with these requirements, indicated numeric values are minimum 

or maximum, as appropriate, for the context of the requirements. 

CONTRACTOR shall refer uncertainties to the CPM for a decision before 

proceeding. 

D. Copies of Standards. Each entity engaged in construction on the Project shall be 

familiar with industry standards applicable to its construction activity. Copies of 

applicable standards are not bound with the Contract Documents. 

1. Where copies of standards are needed to perform a required construction 

activity, the CONTRACTOR shall obtain copies directly from the 

publication source and make them available on request. 

E. Abbreviations and Names. Trade association names and titles of general 

standards are frequently abbreviated. Where abbreviations and acronyms are 

used in the Specifications or other Contract Documents, they shall mean the 

recognized name of the trade association, standards-generating organization, 

authorities having jurisdiction, or other entity applicable to the context of the text 

provision. 




Exhibit 2 

Page 230 of 379 


A. Permits, Licenses, and Certificates. For the COUNTY's records, CONTRACTOR 

shall submit copies of permits, licenses, certifications, inspection reports, 

releases, jurisdictional settlements, notices, receipts for fee payments, 

judgments, correspondence, records, and similar documents, as appropriate, 

established for compliance with standards and regulations bearing on 

performance of the Work. 


(Not Used) 


(Not Used) 

END OF SECTION 01095 - REFERENCE STANDARDS AND DEFINITIONS 



SECTION 01255 CPEAM PROCEDURES 

Exhibit 2 

Page 231 of 379 


1.01 AIRPORT OPERATIONS 

A. Airport operations shall be maintained throughout this Contract. The 

CONTRACTOR shall in no way curtail or handicap normal operational 

characteristics of the airport facility except as specifically indicated and specified 

in the Contract Documents. 

1.02 PERMITS, LICENSES AND TAXES 

A. CONTRACTOR shall secure all permits, arrange for all inspections and similar 

procedural items as required by the code enforcement authorities having 

jurisdiction. 

B. The CONTRACTOR shall procure all necessary and required licenses in 

accordance with the General Conditions provisions of THE CM-AT-RISK 

CONTRACT (CMR). 

1.03 VERIFICATION OF EXISTING CONDITIONS 

A. The CONTRACTOR shall familiarize himself as to the existing conditions. 

Should the CONTRACTOR discover any inaccuracies, errors, or omissions 

between the actual existing conditions and the Contract Documents, he shall 

notify the CPM in writing within three (3) calendar days. 

1.04 MAINTENANCE OF TRAFFIC 

A. It is the explicit intention of the Contract that the safety of aircraft, the public, as 

well as the CONTRACTOR’s equipment and personnel, is the most important 

consideration. It is understood and agreed that the CONTRACTOR shall provide 

for the free and unobstructed movement of aircraft in the air operations areas of 

the airport with respect to his/her own operations and the operations of all his/her 

subcontractors as specified in Section 01540 - CONSTRUCTION SAFETY PLAN 

AND SECURITY REQUIREMENTS. It is further understood and agreed that the 

CONTRACTOR shall furnish and install for the uninterrupted operation of visual 

and electronic signals (including power supplies thereto) used in the guidance of 

aircraft. 

B. The cost of maintaining the vehicular traffic specified in the Contract Documents 

shall be included in CONTRACTOR’s Construction General Conditions. 

Section 01255 CPEAM Procedures Page 26



Exhibit 2 

Page 232 of 379 

C. Active aviation and other public areas exist in and around the Airport. The 

CONTRACTOR shall not prevent traffic from using these areas. The Work shall 

be coordinated with the CPM, the Director of Aviation, FAA, CBP, TSA and other 

agencies having an interest in the capability of the Airport and shall be 

programmed and stated accordingly, so that public traffic may be routed over 

partially completed Work. Appropriate safety precautions shall be provided by 

the CONTRACTOR to protect employees, the public and the Work. 

D. Should it be necessary for the CONTRACTOR to complete portions of the 

Contract Work for the beneficial occupancy of the County prior to completion of 

the whole Work, such “phasing” of the Work shall be specified herein or indicated 

on the Drawings. When so specified, the CONTRACTOR shall complete such 

portions of the Work on or before the date specified or as otherwise specified. 

E. If the CONTRACTOR, with the concurrence of the CPM, elects to complete one 

increment of Work prior to completion of the whole Work, the County may at its 

sole discretion accept the Work for beneficial occupancy. 

F. When the Work is in, or near vehicular traffic and pedestrian areas, arrange the 

Work so as to avoid disruption of normal traffic patterns. Provide, erect and 

maintain effective barricades, danger signals, signs and equipment to provide 

protection of the Work and the safety of the public throughout the area. 

G. The CONTRACTOR shall maintain traffic within the limits of the Project for the 

duration of the construction period, including all temporary suspensions of Work. 

It shall include the construction and maintenance of all necessary detour 

facilities; the furnishing, installing and maintaining of traffic control and safety 

devices during construction, the control of dust, and any other special 

requirements for safe and expeditious movement of aircraft, vehicular traffic and 

pedestrians. 

1. Beginning Date of CONTRACTOR’s Responsibility. The CONTRACTOR’s 

responsibility for maintenance of traffic shall begin on the day he starts any 

field construction work including Early Construction and GMP Construction 

Work on the Project or on the date of any Notice to Proceed whichever is 

earlier, and shall continue until the date of Final Completion and 

Acceptance of the Work. However, a portion of Early Construction Work or 

Early Investigative Work may also require MOT. The need for MOT will be 

decided at the time of the beginning of such work at the discretion of the 

CA. 

2. Number of Traffic Lanes. CONTRACTOR shall close no more than one 

(1) lane on each roadway and ramp. Unless otherwise specified, the 




Exhibit 2 

Page 233 of 379 

effective width of each lane used for maintenance of traffic shall be at 

least as wide as the traffic lanes existing in the area prior to 

commencement of construction. Traffic control and warning devices 

shall not encroach on lanes used for maintenance of traffic. All 

closures on any traffic lanes shall be coordinated with the CPM a 

minimum of seventy-two (72) hours prior to any closure 

3. High Traffic Areas. When the Work is in or near vehicular traffic and 

pedestrian areas, arrange the Work so as to avoid disruption of normal 

traffic patterns. Provide, erect and maintain effective barricades, danger 

signals, signs and equipment to provide protection of the Work and the 

safety of the public throughout the area. 

H. At appropriate times during the performance of Construction Services, the 

CONTRACTOR shall be responsible for performing daily inspections, including 

weekends and holidays with some inspection at night time, of the installations on 

the Project and replacing all equipment and devices not conforming to the 

approved standards during the inspection. The CPM will be advised of the 

schedule of these inspections and be given the opportunity to join in the 

inspection as deemed necessary. 

I. Sections Not Requiring Traffic Maintenance: CONTRACTOR shall not be 

required to maintain traffic over those portions of the Project where no Work is to 

be accomplished or where construction operations will not affect existing roads. 

CONTRACTOR, however, shall not obstruct nor create a hazard to any traffic 

during the prosecution of the Work and shall be responsible for repair of all 

damage to existing pavement or facilities caused by his operations. 

J. Traffic Plan: The CONTRACTOR shall present his Maintenance of Traffic Plan 

at the Pre-Construction Conference. Maintenance of Traffic Plan(s) shall be in 

written form and include a minimum of four (4) full-size sets of plan sheets which 

indicate the type and location of all signs, lights, barricades, arrow boards, 

striping and barriers to be used for the safe passage of pedestrians and vehicular 

traffic through the Project. The plan shall indicate conditions and set-up for each 

phase of the CONTRACTOR’s activities. In no case may the CONTRACTOR 

begin Work until the CPM has approved a Maintenance of Traffic Plan in writing. 

Modifications to any existing Maintenance of Traffic Plan(s) that may become 

necessary shall also be approved in writing. Except in an emergency, no 

changes to the approved plan will be allowed until approval to change such plan 

has been received. 

K. Traffic During Construction: All construction vehicles are required to use existing 

public traffic routs. Normal public traffic lanes are not to be used as staging 




Exhibit 2 

Page 234 of 379 

areas for arriving delivery vehicles. The CONTRACTOR’s employees shall 

utilize the designated CONTRACTOR employee parking area. 

1. Adequate accommodations for intersecting and crossing traffic 

shall be provided and maintained and, except where specific 

permission is given, no road or street crossing the Project shall be 

blocked or unduly restricted 

L. The State of Florida, Manual of Traffic Control and Safe Practices for Street and 

Highway Construction, Maintenance and Utility Operations, sets for the basic 

principles and prescribes minimum standards to be followed in the design, 

application, installation, maintenance, and removal of all traffic control devices 

and all warning devices and barriers, which are necessary to protect the public 

and workmen from hazards within the Project limits. The standards established 

in the aforementioned manual constitute the minimum requirements for normal 

conditions and additional traffic control devices, warning devices, barriers or 

other safety devices will be required where unusual, complex or particular 

hazardous conditions exist. 

M. Installation: The responsibility for installation and maintenance of adequate traffic 

control devices, warning devices and barriers, for the protection of the traveling 

public and workmen, as well as to safeguard the Work shall rest with the 

CONTRACTOR. The required traffic control devices, warning devices and 

barriers shall be erected by the CONTRACTOR prior to creation of any 

hazardous condition and in conjunction with any necessary re-routing of traffic. 

The CONTRACTOR shall immediately remove, turn or cover any devices or 

barriers that do not apply to existing conditions. 

1. The CONTRACTOR shall make the CPM aware of any scheduled 

operation, which will affect patterns or safety, sufficiently in advance of 

commencing such operation to permit his review of the plan for 

installation of traffic control devices or barriers proposed by the 

CONTRACTOR. 

2. When needed, the CONTRACTOR shall assign one of his employees the 

responsibility of maintaining the positions and condition of all 

Maintenance of Traffic control devices, warning devices and barriers 

throughout the duration of the Contract. The CPM shall be kept advised 

at all times as to the identification and means of contacting this employee 

on a twenty-four (24) hour basis. 

N. Furnishing of Devices and Barriers: The CONTRACTOR shall furnish all traffic 

control devices (including signs), warning devices, arrow boards, and barriers. 




Exhibit 2 

Page 235 of 379 

1. When the Work requires closing an Air Operations Area (AOA) of the 

Airport or portion of such area, the CONTRACTOR shall furnish, erect, 

and maintain temporary markings and associated lighting conforming to 

the requirements specified in the Contract Documents as applicable, or of 

FAA Advisory Circular 150/5340-1E, “Marking of Paved Areas on 

Airports.” 

2. The CONTRACTOR shall furnish and erect all barricades, warning signs, 

and markings for hazards prior to commencing Work, which requires such 

erection and shall maintain the barricades, warning signs, and markings 

for hazards until their dismantling is directed by the CONSULTANT. 

3. Refer to Section 01540 - CONSTRUCTION SAFETY PLAN AND 

SECURITY REQUIREMENTS for additional requirements. 

O. Maintenance of Devices and Barriers: Traffic control devices, warning devices 

and barriers shall be kept in the correct position, properly directed, clearly visible 

and clean, at all times. Damaged, defaced, or dirty devices or barriers shall 

immediately be repaired, replaced or cleaned as directed. 

P. Flagmen: The CONTRACTOR shall provide competent flagmen to direct traffic 

where one-way operation in a single lane is in effect, where airside traffic 

movement is affected by CONTRACTOR’s operations, and in other situations as 

may be required by the standards established herein. 

Q. CONTRACTOR Signing: The CONTRACTOR may furnish and install 

construction traffic directional signs along the existing traffic route. The signs 

shall depict CONTRACTOR’s logo or name, directional arrows and “deliveries.” 

Signs shall be of sufficient size to have 6” high message and shall be located at 

each decision point. The CPM shall approve all signs and their locations. NO 

OTHER SIGNS ARE PERMITTED WITHIN THE AIRPORT COMPLEX. 

R. Material Deliveries: The CONTRACTOR shall make his own material and 

equipment deliveries. Vendors or suppliers shall make no deliveries without a 

representative of the CONTRACTOR being present to coordinate it. 

S. All dollies, floats or other conveyances used for debris removal shall be rubber 

tired, box type, and lined with plastic barrier to prevent debris falling from the 

cart. All carts are to be loaded within the confines of the dust barrier. Transport 

of debris through public spaces, if permitted, will be made only after coordination 

of times and routes with the CPM. 

T. Notification: On days when construction traffic is expected to be extra heavy or 

when oversized pieces of equipment are to be delivered, give the CPM a 

minimum of seventy-two (72) hours notice prior to the event. 




Exhibit 2 

Page 236 of 379 

U. Interference Request: 

1. The CONTRACTOR shall be responsible for notifying the CPM in writing 

and securing approval for any and all interruptions or interference with 

traffic (pedestrian, automobile, or other necessary function of the Airport 

or any of the Airlines). 

2. The request shall include a traffic control plan indicating barricades, 

lighting and flagmen where required. 

3. Such notification shall be made as soon as possible but in no case less 

than seventy-two (72) hours prior to the interference. 

4. It is suggested that the CONTRACTOR utilize a standard form addressed 

to the CPM with a blank space for a description of the interference, the 

exact area affected, the exact times and dates the interference will take 

place and blanks for CPM’s approval. The forms shall be submitted in 

duplicate. No interference will be allowed until the CONTRACTOR has 

received back a copy of the approved interference request form. 

V. Personnel Traffic: 

1. General: All construction personnel shall be restricted to construction 

areas. Construction personnel working in areas outside the project limits 

shall wear shirts and sleeves and long pants at all times. 

2. Walkways: When walking from the CONTRACTOR’s parking lot to the 

job site, existing walkways and crossings shall be used. The 

CONTRACTOR shall not use vehicle traffic lanes as walkways. 

3. Elevators/Escalators: Existing elevators and escalators shall not be used 

at any time for the transporting of construction personnel or construction 

materials. 

4. Use of Public Areas: The CONTRACTOR’s workmen shall not utilize 

public areas for taking their “work breaks” or “lunch breaks.” The CPM 

upon request can designate areas for this purpose. Any workmen shall 

use no Public Toilets at any time. 

5 Use of Restaurants: The CONTRACTOR’s personnel shall not use 

restaurants, lounges, or other concession areas within the Airport. 

W. Character of Workmen. 

1. The CONTRACTOR shall, at all times, employ sufficient labor and 

equipment for prosecuting the Work to full completion in the manner and 

time required by the Contract Documents. 

2. All workers shall have sufficient skill and experience to properly perform 

the Work assigned to them. Workers engaged in special Work or skilled 




Exhibit 2 

Page 237 of 379 

Work shall have sufficient experience in such Work and in the operation 

of the equipment required to perform the Work satisfactorily. 

3. Any person employed by the CONTRACTOR or by a subcontractor who, 

in the opinion of the CPM, does not perform his Work in a proper and 

skillful manner or is intemperate or disorderly shall, at the written request 

of the CPM, be removed forthwith by the CONTRACTOR or 

subcontractor employing such person, and shall not be employed again in 

any portion of the Work without the approval of the CPM. 

4. Should the CONTRACTOR fail to remove such person or persons or fail 

to furnish suitable and sufficient personnel for the proper prosecution of 

the Work, the CPM may suspend the Work by written notice until 

compliance with such orders. 

1.05 METHODS AND EQUIPMENT 

A. All equipment that is proposed to be used on the Work shall be of sufficient size 

and in such mechanical condition as to meet requirements of the Work and to 

produce a satisfactory quality of work. Equipment used on any portion of the 

Work shall be such that no injury to previously completed work, adjacent 

property, or existing airport facilities will result from its use. 

B. When the methods and equipment to be used by the CONTRACTOR in 

accomplishing the Work are not prescribed in the Contract, the CONTRACTOR 

is free to use any methods or equipment that will accomplish the Work in 

conformity with the requirements of the Contract Documents. 

C. When the Contract specifies the use of certain methods and equipment, such 

methods and equipment shall be used unless others are authorized by the CPM. 

If the CONTRACTOR desires to use a method or type of equipment other than 

specified in the Contract, he may request authority from the CPM to do so. The 

request shall be in writing and shall include a full description of the methods and 

equipment proposed and of the reasons for desiring to make the change. If 

approval is given, it will be on the condition that the CONTRACTOR will be fully 

responsible for producing work in conformity with the Contract Documents. If, 

after trial use of the substituted methods or equipment, the CPM determines that 

the Work produced does not meet Contract Documents, the CONTRACTOR 

shall discontinue the use of the substitute method or equipment and shall 

complete the remaining Work with the specified methods and equipment. The 

CONTRACTOR shall remove any deficient Work and replace it with Work of 

specified quality, or take such other corrective action as the CPM may direct. No 

change will be made in basis of payment for the Contract Items involved or the 

Contract Time as a result of authorizing a change in methods or equipment under 

this Section. 




Exhibit 2 

Page 238 of 379 

1.06 HOURS OF WORK 

Work hours shall comply with the Project Schedule requirements. Work may 

proceed at any time (24 hours a day). 

1.07 DAILY CLEAN-UP AND TRASH REMOVAL 

A. Debris from this Work shall be promptly removed from the site as required or at 

least weekly as required by the CPM. Debris shall not be allowed to become a 

hazard to the safety of the public or enter the AOA. Areas occupied by the 

County and Building Tenants shall be kept clean at all times. Any dumpsters 

utilized shall be covered sufficiently to prevent debris from entering or 

contaminating the airfield. 

B. The CONTRACTOR shall be responsible for clean-up and trash removal. 

Accumulation of trash debris will not be allowed and the CPM may at any time 

direct the CONTRACTOR to immediately remove his trash and debris from the 

site of the Work when in the opinion of the CPM such trash constitutes a 

nuisance or in any way hinders the Work or the Airport’s operations. If the 

CONTRACTOR should fail to remove his trash and debris from the site of the 

Work in a timely manner, the CPM may have this Work performed and deduct 

the cost of such from CONTRACTOR’s payment. 

1.08 CLEANING AND PROTECTION 

A. During handling and installation of Work at the Project Site, CONTRACTOR shall 

clean and protect Work in progress and adjoining Work on the basis of 

continuous daily maintenance. CONTRACTOR shall also apply protective 

covering on installed Work to ensure freedom from damage or deterioration. 

B. CONTRACTOR shall clean and perform maintenance on installed Work as 

frequently as necessary through the remainder of the construction period and 

adjust and lubricate operable components to ensure operability without damaging 

effects. 

C. Limiting Exposures of Work. To the extent possible through appropriate control 

and protection methods, CONTRACTOR shall supervise performance of the 

Work in such a manner and by such means which will ensure that none of the 

Work, whether completed or in progress, will be subjected to harmful, 

dangerous, damaging or otherwise deleterious exposure during the construction 

period. Such exposures include, where applicable, but not by way of limitation 

the following: 

1. Excessive static or dynamic loading. 




Exhibit 2 

Page 239 of 379 

2. Excessive internal or external pressures 

3. Solvents. 

4. Chemicals. 

5. Light. 

6. Puncture. 

7. Abrasion. 

8. Heavy Traffic. 

9. Soiling. 

10. Combustion. 

11. High speed operation, improper lubrication, unusual wear. 

12. Improper shipping or handling. 

13. Theft. 

14. Vandalism. 

D. Protection at Openings. CONTRACTOR shall provide protection at all openings 

in structures and finishes to maintain the building weather and dust tight as 

required to protect fixtures and equipment. All protection shall be of solid material 

and substantial so that it will not be disturbed by wind and weather normal to the 

area and season, and also tight-fitting to prevent noise infiltration. 

E. Protection of Improvements: 

1. Damage to Existing Facilities. Existing surfaces and materials of the 

County’s property not requiring Work by the Contract Documents that are 

damaged by the CONTRACTOR’s operation shall be immediately 

repaired. Repaired surfaces and materials shall reasonably match 

existing adjacent undamaged surfaces and materials as determined by 

the CONSULTANT / CPM. Repair Work shall be coordinated with the 

CPM with regard to time and method. 

2. All airport roads used by the CONTRACTOR during construction shall be 

restored and/or replaced to their original condition. 

3. Accidental Demolition: All structures or parts thereof that may become 

damaged due to accident or CONTRACTOR’s error shall be restored to 

their original condition without increasing the GMP. Materials and 

equipment being used in the repair or replacement resulting from damage 

shall be new and shall perform at the manufacturer’s published 

capacities. If the existing equipment or materials cannot be identified, or 

if unavailable, the selection of the replacement will be subject to approval 

by the CPM in writing. 

4. New Carpet: Where separate contractor in areas has installed new 

carpeting, CONTRACTOR shall fully protect such new carpeting from all 

damage and staining by CONTRACTOR’s forces. In the event of any 

damages, the CONTRACTOR shall be responsible for repairing or 

replacing such new carpeting without increasing the GMP. 




Exhibit 2 

Page 240 of 379 

F. County’s Standards of Construction: 

1. Hazardous Materials. 

a. ANY PRODUCT OR MATERIAL THAT CONTAINS ASBESTOS 

MATERIAL SHALL NOT BE PERMITTED ON THIS PROJECT. 

b. ANY LEAD-CONTAINING PAINT SHALL NOT BE USED ON 

THIS PROJECT. 

2. Building. 

a. Materials and finishes used in the Work shall have a fire rating at 

least equal to the rating required for the type space in which the 

Work is to be performed. 

b. No Work shall be performed which, when complete, will result in 

the degradation of the fire rating for the space. 

c. Any penetration of existing ceilings or walls which will break the 

fire rating of the ceiling or wall shall be patched with 5/8” Type X 

fire code sheetrock to the satisfaction of the CPM. 

d. Any ceiling access panel now existing shall remain in its present 

location and cannot be covered in a manner to prevent access. 

e. Any ceiling, other than CONTRACTOR’s own space, that must be 

accessed or crossed from above, will be done only with prior 

permission of the CPM. 

3. Electrical and Building Permits. 

a. All Broward County Permits shall be obtained and displayed at the 

Work site. 

b. All Work shall conform to all applicable codes. 

In addition, the County requires: 

1. All conductors (power, lighting, control or communication) 

shall be placed in conduit or routed by way of existing 

approved cable trays. 

2. ALL CONDUITS SHALL BE CONCEALED. (Special 

permission may be granted for exposed conduit in shop 

areas or some other places that are completely removed 

from office, commercial and public areas). 

3. Drawings show all Work to be performed. Drawings show 

new branch or feeder circuits and identify panel and 




Exhibit 2 

Page 241 of 379 

G. Overhead Protection: 

breaker numbers where originating, size of conduit, size of 

wire, number of conductors and full load current. 

4. A manufacturers drawing shall be submitted on all new 

light fixtures showing type and size. 

1. No crane loads or other construction equipment shall cross over nonconstruction 

personnel, their travel ways to include, but not be limited to: 

walkways, roadways, or passenger transfer system tracks unless 

approved in writing by the CPM. 

2. The plan of operation of cranes and other hoisting equipment shall be 

established in writing by the CONTRACTOR. This plan of operation shall 

be subject to approval by the CPM. 

3. Specific areas affected by construction may require protective covering. 

These protective coverings, if required, shall be adequate to insure the 

protection of life and property and the continuous operation of the Airport. 

The layout and location of the protective systems shall be subject to 

review and rejection by the CPM. Structural integrity of protection 

systems shall be the responsibility of the CONTRACTOR. 

4. The use of helicopters to lift, place or otherwise maneuver equipment is 

expressly prohibited. 

1.09 CONSERVATION AND SALVAGE 

A. General. 

1. It is a requirement for supervision and administration of the Work that 

construction operations be carried out with the maximum possible 

consideration given to conservation of energy, water and materials. In 

addition, maximum consideration shall be given to salvaging materials 

and equipment involved in performance of the Work but not incorporated 

therein. 

2. Refer to other sections for required disposition of salvage materials, 

which are the County’s property. 



(Not Used) 

(Not Used) 

END OF SECTION 01110 - AIRPORT PROJECT PROCEDURES 




Exhibit 2 

Page 242 of 379 

PART 1 GENERAL 

1.01 SUBMITIALS 

Submit name of the individual authorized to execute CPEAM documents, and be 

responsible for informing others in Contractor's employ or Subcontractors of 

changes to the Contract Price Elements and the Work. 

1.02 DOCUMENTATION OF CHANGE IN CONTRACT PRICE ELEMENTS 

A. Maintain detailed written daily records of the Work, Provide full information 

required for evaluation of proposed changes, and to substantiate costs and time 

adjustments as may be necessitated by changes in the Contract Price Elements. 

B. Document each quotation for a change in cost or time with sufficient data to allow 

evaluation of the quotation. Provide additional data as requested by the CPM. 

C. For all proposed changes to the Contract Price Elements, provide additional data 

to support computations: 

1. Quantities of products, labor, and equipment. 

2. Taxes, insurance, and bonds. 

3. Overhead and profit. 

4. Justification for any change in Contract Time. 

5. Credit for deletions from Contract, similarly documented. 

6. Bid Tabulation Sheets 

D. Time Impact Analysis: 

1. For all proposed CPEAM's where a change of project time is anticipated, 

Contractor shall prepare and submit a Time Impact Analysis illustrating 

the influence of each change upon the current Baseline Schedule. The 

Time Impact Analysis shall document: 

a. A schedule sub-net demonstrating how the Contractor proposes to 

incorporate the Work of a proposed change of Contract Price 

Element into the Baseline Schedule based upon the anticipated 

date an authorizing CPEAM is issued to the Contractor. 

b. The status of construction at that point in time 

c. The start/finish dates of all affected critical path activities utilizing 

the dates included in the latest updated detailed construction 

schedule closest to proposed change of Contract Price 

Element(s). 

2. Submit the Time Impact Analysis as an attachment to each submitted 

Document, 01260B Change Order Request (Proposal). 

3. When the Contractor does not submit a Time Impact Analysis for a 




Exhibit 2 

Page 243 of 379 

proposed change of Contract Price Element as an attachment to 01260B, 

Change Order Request (Proposal), then it is mutually agreed that the 

particular resulting CPEAM has no effect on contract time except as 

otherwise allowed elsewhere within the Contract Documents. 

4. When approved by the County, the sub-nets associated with that 

particular CPEAM shall be incorporated into the Baseline Schedule by the 

Contractor during the first update after such approval. 

1.03 CONTRACT PRICE ELEMENT CHANGE PROCEDURES 

A. Contract Change Orders: 

1. The Consultant or CPM may issue a Document 01260A: Proposal Request 

which may include a detailed description of a proposed change to the 

Contract Price Elements with supplementary or revised drawings and 

specifications, a change in Contract Time for executing the change with a 

stipulation of any overtime work required and the period of time during which 

the requested price will be considered valid. 

a. Contractor shall prepare and submit an estimate within 14 days 

after receipt of the Proposal Request in the form of Document 

01260B, Change Order Request (Proposal) and supporting 

documentation as specified above and as might be required by 

the Consultant or the County. 

b. Such requests are informational and are not authorizations or 

instructions to execute the changes or stop the Work in progress. 

2. The Contractor may propose a change to the Contract Price Elements 

by submitting a request for change on Document 01260B, Change 

Order Request (Proposal) to the CPM or Consultant, by describing the 

proposed change and its full effect on the Work, with a statement 

describing the reason for the change, and the effect on the Contract 

Sum/Price and Contract Time with full documentation as required 

above and a statement describing the effect on Work by separate or 

other contractors. 

a. Provide additional detail regarding the proposed change as 

required by CPM, CA or Consultant including the cause and origin 

of the proposed change. 

b. Such proposals by the Contractor are informational and are not 

authorizations or instructions to execute the changes or slop the 

Work in progress. 

B. Contract Price Element Reallocation, Preparation of Proposed CPEAM's: 

1. Contract Administrator shall provide standardized CPEAM forms 




Exhibit 2 

Page 244 of 379 

(including final CPEAM documents necessary for the calculation of 

shared savings). Contractor shall utilize Contract Administrator's 

standardized CPEAM forms. Customization of the Contract 

Administrator's standardized CPEAM forms may be allowed with the 

Contract Administrator's prior written authorization if necessary to 

accurately portray unique project conditions. 

2. When CPM, Consultant and Contract Administrator's staff have reviewed 

and conceptually approved the Contractor's proposal (Document 

01260A), the Contractor shall prepare a draft Contract Price Element 

Adjustment Memorandum (CPEAM) for the Contract Administrator's 

consideration. 

3. Contractor shall submit draft CPEAM's to the CPM and Consultant for 

review and signature. Once signed by CPM, the CONTRACTOR shall 

convene a meeting with the Contract Administrator to review the draft 

CPEAM. That meeting shall include the Consultant, Contractor, Contract 

Administrator and CPM, the County's Project Manager and members of 

the Contract Administrator's administrative staff. Contractor shall provide 

final CPEAM's reflecting the outcome of the review and approval meeting 

for the Contract Administrator’s signature with appropriate backup to 

illustrate the transactions delineated on the CPEAM. 

4. Changes to the Contract Price Elements or CPEAM's which are critically 

needed to facilitate the continuing progress of the Work should be so 

identified on the submitted Document 01260B, Change Order Request 

(Proposal). The CA may issue Document 01260E: Construction Change 

Directive, directing the CONTRACTOR to proceed with Work related to a 

critically required CPEAM. 

1.04 EXECUTION OF CPEAM's 

CONTRACTOR shall prepare CPEAM forms and obtain Contract Administrator's 

signature through the CPM. CPEAM's shall not be considered in effect until 

signed by the Contract Administrator. 

1.05 CORRELATION OF CONTRACTOR SUBMITTALS 

A. Promptly revise Schedule of Values and Application for Payment forms to record 

each authorized CPEAM. 

B. Promptly revise progress schedules to reflect any change in Contract Time, 

revise subschedules to adjust times for other items of work affected by the 

CPEAM, and resubmit. 

C. Promptly enter changes in Project As-Built Documents. 




Exhibit 2 

Page 245 of 379 



(Not Used) 

(Not Used) 

END OF SECTION 01255 - CPEAM PROCEDURES 



SECTION 01260 CONTRACT MODIFICATION PROCEDURES 

Exhibit 2 

Page 246 of 379 

PART 1 

GENERAL 


A. Submit name of the individual authorized to receive change documents, and be 

responsible for informing others in Contractor's employ or Subcontractors of changes to 

the Work. 

1.02 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME 

A. Maintain detailed records of the Work. Provide full information required for evaluation of 

proposed changes, and to substantiate costs and time adjustments as may be 

necessitated by changes in the Work. 

B. Document each quotation for a change in cost or time with sufficient data to allow 

evaluation of the quotation. 

C. For all Change Order Proposals, provide additional data to support computations: 

1. Quantities of products, labor, and equipment. 

2 Taxes, insurance, and bonds. 

3. Overhead and profit. 

4. Justification for any change in Contract Time. 

5. Credit for deletions from Contract, similarly documented. 

D. Support each claim for additional costs, and for work done on a cost plus price basis, 

with additional information: 

1. Origin and date of claim. 

2. Name of the COUNTY’s authorized agent who ordered the work and the date of the 

order. 

3. Dates and times work was performed, and by whom. 

4. Time records, summary of hours worked and wage rates paid. 

5. Original invoices and receipts for: 

a) Products used, including a listing of quantities. 

b) Equipment used, including a listing of dates and times of use. 

c) Subcontracts, similarly documented. 

E. Time Impact Analysis: 

1. For all Change Orders and Supplemental Instructions where there has been no 

agreement as to the change’s impact on project time, the Contractor shall prepare 

and submit a Time Impact Analysis illustrating the influence of each change or delay 

upon the current contract schedule. The Time Impact Analysis shall document: 

a) A schedule sub-net demonstrating how the Contractor proposes to incorporate 

the change order or delay into his detailed schedule based upon the date the 

Section 01260 Contract Modification Procedures Page 41



Exhibit 2 

Page 247 of 379 

Change Order or Construction Supplemental Instruction is issued to the 

Contractor. 

b) The status of construction at that point in time. 

c) The start/finish dates of all affected activities utilizing the dates included in the 

latest updated detailed construction schedule closest to the time of delay or 

change. 

2. Submit the Time Impact Analysis as an attachment to each submitted Document 

01260B, Change Order Request (Proposal) or within seven (7) days of receipt of a 

Construction Supplemental Instruction or other event which might delay with 

progress of the Work. 

3. When the Contractor does not submit a Time Impact Analysis for a specific change 

order or delay as an attachment to 01260B, Change Order Request (Proposal) or 

within the time frames specified for supplementary instructions or other delays, then 

it is mutually agreed that the particular Change Order, or supplementary instruction 

delay has no effect on contract time except as otherwise allowed elsewhere within 


4. When approved by the County, the sub-nets associated with that particular Change 

Order, Supplementary Instruction or other delay shall be incorporated into the 

detailed construction schedule by the Contractor during the first update after such 

approval. 

1.03 CHANGE PROCEDURES 

A. Consultant will advise of minor changes in the Work not involving an adjustment to 

Contract Sum/Price or Contract Time by issuing supplemental instructions on Document 

01260F: Consultant’s Supplemental Instructions. 

B. The Consultant may issue a Document 01260A: Proposal Request which includes a 

detailed description of a proposed change with supplementary or revised drawings and 

specifications, a change in Contract Time for executing the change with a stipulation of 

any overtime work required and the period of time during which the requested price will 

be considered valid. 

1. Contractor shall prepare and submit an estimate within 14 days after receipt of the 

Proposal Request in the form of Document 01260B, Change Order Request 

(Proposal) and its required supporting documentation including Documents 01260C 

(Proposal Worksheet Detail), 01260D (Proposal Worksheet Summary) and other 

required documentation as specified above and as might be required by the 

Consultant or the COUNTY. 

2. Such requests are informational and are not authorizations or instructions to execute 

the changes or stop the Work in progress. 

C. The Contractor may propose a change by submitting a request for change on Document 

01260B, Change Order Request (Proposal) to the Consultant, by describing the 

proposed change and its full effect on the Work, with a statement describing the reason 

for the change, and the effect on the Contract Sum/Price and Contract Time with full 




Exhibit 2 

Page 248 of 379 

documentation and a statement describing the effect on Work by separate or other 

contractors, the COUNTY’s forces or others. 

1. Required supporting documentation includes Documents 01260C (Proposal 

Worksheet Detail), 01260D (Proposal Worksheet Summary), a Time Impact 

Analysis, and other required documentation as specified above and as might be 

required by the Consultant or the COUNTY. 

2. Such proposals by the Contractor are informational and are not authorizations or 

instructions to execute the changes or stop the Work in progress. 

D. Preparation of Change Order Items: 

1. The Construction Project Manager will prepare a Change Order Item for the 

COUNTY and submit it to the Program Manager for consideration by the Contract 

Administrator and other professionals on the COUNTY’s staff. 

2. Upon the recommendation of the Construction Project Manager, the Change Order 

will be prepared for consideration by The Broward County Board of County 

Commissioners. 

3. Change Orders which are critically needed to facilitate the continuing progress of the 

Work should be so identified on the submitted Document 01260B, Change Order 

Request (Proposal). The COUNTY may issue Document 01260E: Supplemental 

Instruction, directing the Contractor to proceed with Work related to a critically 

required Change Order which is under consideration, but not yet approved, by The 


1.04 CONSTRUCTION CHANGE DIRECTIVE 

A. Construction Project Manager may issue Document 01260E: Construction Change 

Directive, signed by the COUNTY, instructing the Contractor to proceed with a change in 

the Work, for subsequent inclusion in a Change Order. 

B. Document 01260E, Construction Change Directive, is a written order prepared by the 

Construction Project Manager and signed by the COUNTY and the Consultant, directing 

a change in the Work and stating a proposed basis for adjustment, if any, in the Contract 

Sum or Contract Time, or both. The COUNTY may by Construction Change Directive, 

without invalidating the Contract, order changes in the Work within the general scope of 

the Contract consisting of additions, deletions or other revisions, the Contract Sum and 

Contract Time being adjusted accordingly. 

C. A Construction Change Directive shall he used in the absence of total agreement on the 

terms of a Change Order or where Broward County’s process for consideration of a 

Change Order would unreasonably, at the COUNTY’s discretion, prohibit the Contractor 

from completing time critical elements of the Work. 

D. If the Construction Change Directive provides for an adjustment to the Contract Sum, the 

adjustment shall be based on the methods specified in this Specification Section and in 

the other applicable Contract Documents. 




Exhibit 2 

Page 249 of 379 

E. Upon receipt of Document 01260E, Construction Change Directive, the Contractor shall 

promptly proceed with the change in the Work involved and advise the Construction 

Project Manager of the Contractor’s agreement or disagreement with the method 

provided in the Construction Change Directive for determining the proposed adjustment 

in the Contract Sum. 

F. A Construction Change Directive signed by the Contractor indicates the agreement of 

the Contractor therewith, including adjustment in Contract Sum and Contract Time or the 

method for determining them. Such agreement shall be effective immediately and shall 

be recorded and issued as a Change Order upon subsequent approval of the proposed 

Change by the COUNTY. 

G. Actual adjustments to the Contract Sum and Contract Time shall not become effective 

until the changes are formally approved by a COUNTY approved Change Order. As 

such, the Contractor may not submit requisitions for payment in an amount that exceeds 

the amount set forth in the Construction Change Directive or make adjustments to the 

construction schedule until such time as the COUNTY approves the changes and a 

Change Order, is issued to the Contractor. 

1.05 LUMP SUM PRICE CHANGE ORDER 

A. Content of Lump Sum Price Change Orders shall be based on: 

1. Consultant’s Document 01260A: Proposal Request and Contractor’s responsive 

Document 01260B, Change Order Request (Proposal) as mutually agreed between 

the COUNTY and the Contractor. 

2. Contractor’s Document 01260B, Change Order Request (Proposal) as 

recommended by the Construction Project Manager and approved by the COUNTY. 

3. COUNTY and Construction Project Manager will issue and sign, Change Order as 

authorization for the Contractor to proceed with the changes. 

4. Contractor shall sign and date the, Change Order to indicate agreement with the 

terms therein. 

1.06 UNIT PRICE CHANGE ORDER 

A. Content of Unit Price Change Orders shall be based on either: 

1. The Consultant’s definition of the scope of the required changes. 

2. Contractor’s Document 01260B, Change Order Request (Proposal) for a change as 

recommended by the Construction Project Manager and approved by the COUNTY. 

B. Amounts of the unit prices: 

1. Shall be those unit prices previously submitted on Document 01270a, Schedule of 

Unit Prices during bidding or, as applicable, those submitted on Document 00410, 

Bid Form. 

2. Or, in the absence of previously submitted unit prices, unit prices shall be developed 

and mutually agreed to by the COUNTY and the Contractor. In cases where the 

COUNTY and the Contractor cannot mutually agree, a reasonable unit price will be 




Exhibit 2 

Page 250 of 379 

determined by the Construction Project Manager and utilized by the COUNTY and 

Contractor as the basis of similar Unit Price Change Orders that may occur during 

the remainder of the Contract term. 

C. When quantities of each of the items affected by the Change Order can be determined 

prior to the start of the Work related to that Change Order: 

1. COUNTY and Construction Project Manager will sign and date the Change Order as 

authorization for the Contractor to proceed with the changes. 

2. Contractor shall sign and date the Change Order to indicate agreement with the 

terms therein. 

D. When quantities of the items cannot be determined prior to the start of the Work: 

1. The Construction Project Manager and COUNTY will issue Document 01260E, 

Construction Change Directive, directing the Contractor to proceed with the change 

on the basis of the established Unit Prices and will list the applicable Unit Prices. 

2. At the completion of the changes: 

a) The Contractor shall submit documentation to establish the number of units of 

each item and any claims for modifications to the Contract Time. 

b) The Construction Project Manager will review and evaluate the cost of such Work 

based on the established unit prices and quantities used. 

3. Construction Project Manager will prepare a Change Order to establish the change 

in the Contract Sum and will submit Change Order for approval. 

4. Changes to the Contract shall only become effective upon approval of the Change 

Order by The Broward County Board of County Commissioners. 

1.07 COST PLUS PRICE CHANGE ORDER 

A. The Construction Project Manager and COUNTY will issue Document 01260E, 

Construction Change Directive directing the Contractor to proceed with the changes. 

B. At completion of the change, the Contractor shall submit an itemized accounting and 

supporting data as required in Article 1.04 above. 

C. Construction Project Manager will review and evaluate the cost of such work, the 

required documentation, and the Contractor’s calculations of dollar cost and time. 

D. The Construction Project Manager or the COUNTY may observe the progress of the 

Work related to Cost Plus Price Change Orders on a full-time basis or as necessary to 

substantiate the Work. 

E. Construction Project Manager will prepare a Change Order to establish the change in 

the Contract Sum and will submit Change Order for approval. 

F. Changes to the Contract shall only become effective upon approval of the Change Order 

by The Broward County Board of County Commissioners. 




Exhibit 2 

Page 251 of 379 

1.08 EXECUTION OF CHANGE ORDERS 

A. Execution of Change Orders: Contract Administrator, through the Construction Project 

Manager will issue Change Orders for signatures of parties. 

1.09 CORRELATION OF CONTRACTOR SUBMITTALS 

A. Promptly revise Schedule of Values and Application for Payment forms to record each 

authorized Change Order as a separate line item and adjust the Contract Sum/Price. 

B. The original contract sum and scheduled values shall be copied in all updated Schedule 

of Values and Request for Payment forms, and the changes, where necessary, shall be 

noted and itemized separately at the bottom of the forms. 

C. Promptly revise progress schedules to reflect any change in Contract Time, revise subschedules 

to adjust times for other items of work affected by the change, and resubmit. 

D. Promptly enter changes in Project Record Documents. 



(Not Used) 

(Not Used) 

END OF SECTION 01260 




Exhibit 2 

Page 252 of 379 




Exhibit 2 

Page 253 of 379 




Exhibit 2 

Page 254 of 379 




Exhibit 2 

Page 255 of 379 




Exhibit 2 

Page 256 of 379 




Exhibit 2 

Page 257 of 379 




SECTION 01315 PROGRESS SCHEDULES (COMPUTERIZED CPM) 

1.01 REQUIREMENT INCLUDED 

A. Procedures of preparation and submittal of schedules, updated progress 

schedules and periodic updating. The CONTRACTOR shall prepare and 

maintain a schedule in accordance with the requirements of this Section. The 

requirement for a schedule is included to: 

1. Assure adequate planning and execution of the Work by the 

CONTRACTOR. 

2. Assure coordination of the Work of the CONTRACTOR with other 

contractors, subcontractors, and suppliers. 

3. Assure coordination of the work between the Contractor and the Design 

Professional, BCAD, or the CPM. 

4. Assure coordination of any adjacent Work being performed for BCAD. 

5. The CONTRACTOR and CPM shall evaluate: 

a. Contract performance relative to the Schedule Milestones as 

referenced in the Contract Documents. 

b. Monitor Monthly Work Progress / Progress Payments 

c. Proposed changes to Contract or schedule. 

B. The CONTRACTOR and Major Subcontractors (i.e. MEP Subcontractors) shall 

participate in joint review meetings. 

C. All updated progress schedule submittals shall include: 

1. Schedule 

a. Preliminary Schedule or 

b. Current approved Baseline Schedule 

2. Network Diagram 

3. Summary Bar Chart 

4. Two Week Look-ahead Schedule 

5. Electronic copy of schedule files 

Exhibit 2 

Page 258 of 379 

D. The CONTRACTOR shall meet with the Consultant, CPM and the BCAD Project 

Manager within seven (7) calendar days after notice of Contract Award to 

conduct a joint review meeting to evaluate the Consultant’s schedule, the PMO’s 

schedule and controlling items of Work to assure mutual understanding of the 

Work constraints. Some activities may be contemplated, even though those 

activities are without specific start/stop dates or durations, for purposes of 

developing the schedule(s). Such activities shall consider reasonable estimated 

start/stop times and durations,(i.e. Early Investigative Work), while conforming to 

the substantial completion and intermediate milestone dates. 

E. The CONTRACTOR shall be responsible for assuring all work sequences are 

logical and the Network shows a coordinated plan for complete performance of 

the Work. Failure of the CONTRACTOR to include any element of work required 

Section 01315 Progress Schedule (Computerized CPM) Page 53



for performance of the Contract in the Network shall not excuse the 

CONTRACTOR from completing all Work within the Contract Time. 

F. CONTRACTOR is responsible for monitoring the accuracy and updating the 

schedules as of the end of each month, or as required by the CPM, to validate 

current schedule. The updated schedule shall be included in the monthly 

report. 

1.02 GENERAL 

A. The construction of the project shall be planned, recorded and updated utilizing 

the Critical Path Method (CPM) Scheduling. In addition, all schedules will be cost 

loaded and resource loaded. The CONTRACTOR shall use scheduling software 

for Windows based operating software, or such other type of cost loaded schedule 

as the CPM may approve, but must be 100% compatible with Primavera P6. It 

will be used for coordination, monitoring and payment of all work under the 

Contract including all activities of the CONTRACTOR, subcontractors, vendors 

and suppliers. 

B. The CONTRACTOR’s and/or Subcontractor’s timely execution or performance of 

all construction related activities shall be in strict compliance with the approved 

Baseline Schedule. Means and methods of construction in accordance with the 

Contract Documents will remain the sole responsibility of the CONTRACTOR. 

C. SCHEDULE REPRESENTATIVE / QUALIFICATIONS 

1. Within seven (7) calendar days after notice of Contract Award, the 

CONTRACTOR shall designate in writing a schedule representative in the 

CONTRACTOR’s organization who shall be responsible for coordinating 

with the CPM during preparation and maintenance of the schedule. The 

CONTRACTOR shall submit documentation stating their scheduling 

representative has minimum of five (5) years experience in scheduling 

construction work of a complexity comparable to this project. 

D. COMPUTER PRODUCED SCHEDULE 

1. The Schedule shall be developed with software compatible with 

Primavera Project Planner (P6) in order to facilitate the Precedence 

Diagram Method (PDM). 

2. When applicable, the CONTRACTOR shall use the following “Schedule / 

Level Calculation Options:” 

a. When scheduling activities apply Retained logic 

b. Calculate start-to-start lag from Early start 

c. Show open-ends as non-critical 

d. Schedule durations as Contiguous 

e. Calculate total float as Finish float 

Exhibit 2 

Page 259 of 379 

3. When applicable, the CONTRACTOR shall use the following “Automatic 

Cost / Resource Calculation Rules:” 




Exhibit 2 

Page 260 of 379 

1.03 PROCEDURES 

a. Subtract actual from EAC (Estimate At Completion) 

b. When quantities change, use current unit prices to recompute 

costs: Budget and Estimate to Complete 

c. Link actual to date and actual this period 

d. Link budget and EAC for non-progressed activities; calculate 

variance as Budget – EAC. 

e. Float or slack is defined as the amount of time between the early 

start date, and the late start date, or the early finish date and the 

late finish date, of any of the activities in the schedule. Float or 

slack time is not for the exclusive use of or benefit of either the 

COUNTY or CONTRACTOR. 

A. CONTRACTOR is solely responsible for the preparation, revision and updating of 

the Baseline Schedule, updated Progress Schedule and all 2 week look-ahead 

schedules in the form and content prescribed in this Section. The timely 

execution or performance of all construction related activities and the duration 

and sequencing of those activities in accordance with the approved schedules is 

the CONTRACTOR’s responsibility. 

B. The CPM and BCAD Project Manager will review the Preliminary Baseline 

Schedule, and 2 week look-ahead schedule, for compliance with the contract 

requirements as to staging, phasing and time of completion. Acceptance of 

these schedules does not imply the CPM’s or the COUNTY’s endorsement 

and/or responsibility of activity durations or sequence of activities. 

C. The Baseline Schedule may be revised from time to time as conditions require, 

and as accepted by the CPM and CA, provided that nothing in this Section 

should be construed as authorizing or approving any extension of time, or 

increase in Contract Price. It is expressly understood and agreed that Contract 

Time extensions, or increase in the Contract Price, if any, will only be granted in 

accordance with the applicable requirements of the Agreement. 

D. The currently approved schedule will be the basis for interpreting any and all 

Contract Time associated provisions of the Agreement. 

1.04 FORMAT 

A. The schedules shall be in the form of a graphical layout illustrating logic ties with 

an accompanied activity listing identifying detailed predecessors and successors 

and associated computer analysis and shall consist of detailed activities and their 

restraining relationships as required to complete the project from Contract Award 

through Final Completion and shall indicate the following: 

1. Early Start and Early Finish date and total duration in work days (not 

exceeding 20-days) for each activity. (Activities in occupied areas and 




Exhibit 2 

Page 261 of 379 

activities requiring premium time labor rates shall be differentiated from 

each other and from the balance of project activities). 

2. Beginning and end date and total duration in work days for each Area or 

portion thereof. 

3. Significant milestones, including, but not limited to those agreed upon by 

the CPM and BCAD Project Manager. 

4. Identification of each contractor and subcontractor for each work activity. 

5. Specific location of each work activity (i.e. floor level, column and row). 

6. Detailed schedule of all “Utility Shut-downs” which could impact BCAD, 

airlines, tenants and other building operations or functions including but 

not limited to: power, telephone, airline computers, communication 

systems, air conditioning systems, fire sprinklers, alarm systems, 

domestic water systems and sanitary sewer systems. 

7. Detailed schedule of all procurement activities including Request for Bid 

(RFB), tabulation, selection, CPM and BCAD Project Manager approval 

and contract execution 

8. The CONTRACTOR shall also provide the following information: work 

days per week, holidays, number of hours per shift, number of shifts per 

day, work hours, and proposed schedule of “Utility Shut-downs”. The 

CONTRACTOR shall notify the CPM if more than one shift is planned to 

work on the project. The CONTRACTOR shall also indicate work 

activities that must be performed during restricted or special working 

hours and the work that must be performed by others to maintain the 

project schedule. 

9. Schedules shall show the sequence and interdependence of all activities 

required for complete performance of all items of work under this contract, 

including shop drawing submittals and approvals and fabrication and 

delivery activities. 

10. Construction activities shall be broken down into recognizable subactivities 

so that the activity or sub-activity is no longer than twenty (20) 

calendar days. 

11. The Baseline Schedule submitted by the CONTRACTOR shall be cost 

loaded, accompanied by a computer generated and plotted schedule. 

CONTRACTOR shall exercise sufficient care to produce clear, legible and 

accurate diagrams. The Baseline Schedule shall group activities related 

to specific physical areas on the diagram for ease of understanding. 

12. Trade Codes shall be assigned to each activity corresponding to the trade 

responsible for performing the work described by the activity. Additional 

Trade coverage shall be added by CONTRACTOR or as required by the 

CPM and incorporated into the CONTRACTOR’s schedule. These 

additional codes shall follow the general CSI Divisions for all Vertical 

Construction and Contract Schedule of Values for Horizontal construction. 

13. Responsibility Codes shall be assigned to each activity corresponding to 

the organization responsible for completing the work described by the 

activity description. As a minimum, a separate responsibility code shall 

be used for each subcontractor. 




1.05 PREPARATION GUIDELINES 

A. The Baseline Schedule shall represent a practical plan to complete the work 

within the Contract Time. 

1. A schedule extending beyond the Contract Time will not be acceptable. 

2. A schedule showing the work completed in less than the Contract Time 

may be found by the CPM to be impractical. 

3. A schedule found by the CPM to be impractical for the preceding reason 

or any other reason will be revised by the CONTRACTOR and 

resubmitted. 

4. A schedule showing the work completed in less than the Contract Time, 

which is found to be practical by the CPM, will be considered to have 

float. Float is the time between the scheduled completion of the work and 

the contract Substantial Completion date. 

B. The Updated Progress Schedule shall: 

1. Be in sufficient detail to assure adequate planning and execution of the 

work. 

2. Be suitable, in the judgment of the CPM, to allow monitoring and 

evaluation of progress in the performance of the Work. 

3. Be a calendar time-scaled logic diagram with a graphical layout 

illustrating logic ties with an accompanied activity listing identifying 

detailed predecessors and successors. 

4. Include time for the CPM and the CONSULTANT to review submittals or 

inspect the work. 

5. Identify the activities, which constitute the controlling items of work or 

critical path. 

C. COST CORRELATION - EARNED VALUE ANALYSIS (Not Used) 

1.06 SCHEDULE SUBMITTALS 

A. GENERAL SCHEDULE SUBMITTAL FORMAT: 

1. Logic drawings shall be submitted flat (11” x 17”) and reproducible as 

copies without loss of legibility. Size of plot and number of copies shall be 

at the discretion of the CPM. 

2. Hard copies of listings shall be prepared on separate sheets of 11” x 17” 

or legal size paper; include three (3) copies of each report. 

3. Electronic Format: All project files in original file format, as well as pdf file 

format, shall be copied and submitted on a (CD) compact disk. A project 

CD shall accompany all CONTRACTOR submissions. 

B. PRELIMINARY BASELINE SCHEDULE 

Exhibit 2 

Page 262 of 379 

1. Within twenty-one (21) calendar days after date of Contract Award 

Notice-to-Proceed, CONTRACTOR shall provide a Preliminary Baseline 

Schedule that shall be used to monitor the progress of Work during 




development and acceptance of the Baseline Schedule. The Preliminary 

Baseline Schedule submittal shall be based on the joint review meeting 

between the CONTRACTOR, CPM and Consultant. The Preliminary 

Baseline Cost Loaded schedule shall be submitted no later than the 

submission of the first pencil copy of the Application for Payment for the 

sub-contracted work. 

2. The Preliminary Baseline Schedule must show in detail the activities to be 

accomplished through the first phase of Pre-Construction Services and 

Early Investigation Work, as well as an overall preliminary schedule 

indicating a comprehensive overview of the Work including an activity line 

for each major element of the work segments. 

3. Additional Preliminary Baseline Schedules may be required to detail the 

activities for continued phases of Pre-Construction Services and Early 

Construction Work, as required by the CPM. 

C. SCHEDULE DEVELOPMENT 

1. Within ten (10) calendar days after date of Early Construction Work 

Notice-to-Proceed, CONTRACTOR shall revise the Preliminary Schedule 

for approval by the CPM. This revised schedule must include detailed 

Early Work activities, and should further detail activities of the 

comprehensive overview, including development and approval of the 

GMP. This revised Preliminary Baseline Schedule shall not change the 

date of Final Completion except as otherwise provided by approved 

Change Order. 

2. Within ten (10) calendar days of the GMP Notice to Proceed, the 

CONTRACTOR shall revise the Preliminary Baseline Schedule for 

approval by the CPM, This revised schedule shall become the Baseline 

Schedule used to monitor the GMP work. The CONTRACTOR shall 

revise the Baseline Schedule for each subcontract awarded, but not less 

than weekly, and include the provisions for a cost loaded and resource 

loaded schedule. The Final Completion date cannot be changed by any 

revision incorporating subcontract awards, except as otherwise provided 

by approved Change Order. 

3. Construct the Baseline Schedule to indicate a logical sequence of work 

activities and durations. Incorporate major restrictions from the 

availability and use of manpower, material, and equipment. Utilize the 

Baseline Schedule in planning, scheduling, coordinating and performing 

the Work under this CONTRACT (including all activities of subcontractors, 

equipment vendors, suppliers, and relevant third parties – BCAD, FPL, 

CPM, related / adjacent projects, or others). 

4. In the Baseline Schedule shall provide sufficient detail and clarity of form 

and technique so that the Work can be properly monitored by the CPM. 

The Baseline Schedule shall comply with the various limits imposed by 

the Scope of Work and by any contractually specified intermediate 

milestone dates and completion dates. The degree of detail shall be to 

the satisfaction of the CPM and shall be sufficient to identify: 

a. Structural breakdown of the project 

b. Types of work being performed 

Exhibit 2 

Page 263 of 379 




c. Labor trades involved in performing work 

d. Submittal, review, procurement, fabrication, delivery, installation, 

and testing of major materials and equipment 

e. Delivery / Installation of County-furnished equipment 

f. Interfaces and dependencies with preceding, concurrent, and 

follow-on contractors 

g. Plans for subcontract work 

h. Manpower, material and equipment restrictions 

i. Commissioning / Close Out Processes 

j. Contract milestones and phasing 

k. Allow for holidays, vacations and non-work days applicable to the 

schedule 

D. SUMMARY BAR CHART 

1. The Summary Bar Chart shall be based on activity durations and logic 

indicated on the Baseline Schedule and Updated Progress Schedules. 

2. The CONTRACTOR and the CPM shall jointly select summary level 

activities. 

3. Each summary level activity shall include: 

a. A concise description of the Work represented by the activity. 

b. A time bar indicating planned / actual activity start and finish dates 

and actual cumulative percent complete at the end of each 

monthly reporting period. 

c. A status line as of the end of the reporting period. 

E. TWO WEEK LOOK-AHEAD SCHEDULE 

1. CONTRACTOR shall provide copies of applicable sections of any 

Baseline Schedule at the weekly progress meetings to show the 

subsequent Work to be performed during the next two weeks. Such 2- 

week look ahead schedules shall be further detailed to include 

coordination activities necessary to perform the work in accordance with 


F. SCHEDULE REVIEW AND APPROVAL 

Exhibit 2 

Page 264 of 379 

1. The CONTRACTOR and the CPM shall meet within seven (7) calendar 

days of receipt of the CONTRACTOR’s Preliminary Baseline Schedule 

Submittal for joint review of the proposed Preliminary Baseline Schedule. 

The CONTRACTOR shall revise any areas, which, in the opinion of the 

CPM, conflict with either the intent of this Section or the timely completion 

of the Project. 

2. In the event the CONTRACTOR fails to define any element of work 

activity or logic currently designed and the CPM’s review does not detect 

this omission or error, such omission or error, when discovered by the 

CONTRACTOR or the CPM, shall be corrected by the CONTRACTOR at 

the next Updated Progress Schedule (discussed hereinafter). 




3. Within seven (7) calendar days after the joint review between the 

CONTRACTOR and the CPM, the CONTRACTOR shall revise the 

Preliminary Baseline Schedule in accordance with agreements reached 

during the joint review and submit the revised Preliminary Baseline 

Schedule in the same form and detail as the Preliminary Baseline 

Schedule Submittal. 

4. The CPM will review all schedule submissions (Preliminary Baseline 

Schedule, Baseline Schedule, and monthly Updated Progress Schedules) 

and return reviewed copy within seven (7) calendar days after receipt. If 

required, the CONTRACTOR will resubmit the schedule within seven (7) 

calendar days after return of reviewed copy. 

5. Submittal of the CONTRACTOR’s Baseline Schedule will be a condition 

precedent to the making of any progress payments under the Contract. 

All or part of the progress payments may be withheld for work performed 

during the first fifteen (15) calendar days without a submittal of a 

Preliminary Baseline Schedule, or after the first thirty (30) calendar days 

without a submitted Baseline Schedule. Failure of the CONTRACTOR to 

obtain approval for the Baseline Schedule during the first ninety (90) days 

following the date of Notice to Proceed to start GMP work may result in all 

of the progress payments after 90-calendar days being withheld. 

6. Acceptance of the Baseline Schedule by the CPM does not relieve the 

CONTRACTOR of any of its responsibility for the accuracy or feasibility of 

the Schedule. 

7. In the event that the accepted Baseline Schedule indicates the 

CONTRACTOR’s plan to finish prior to the Contract completion date, the 

CONTRACTOR and the CPM may execute a Contract modification 

adjusting the Contract completion date to coincide with the 

CONTRACTOR’s planned finish date at no expense to the County. 

G. UPDATED PROGRESS SCHEDULES 

Exhibit 2 

Page 265 of 379 

1. After the Preliminary Baseline Schedule is accepted, it shall be updated 

monthly until the Baseline Schedule is approved. 

2. After the Baseline Schedule is accepted, the Schedule shall be updated 

monthly until Final Completion. 

3. The Baseline Schedule shall be updated monthly and this monthly update 

should generate a report that indicates the remaining duration and 

percent completion for each activity. This report shall be included in the 

CONTRACTOR’s monthly report and is required as a pre-condition of 

approval of the CONTRACTOR’s Request for Payment. Updated 

Progress Schedules shall: 

a. Indicate progress of each activity to date of submittal and 

projected completion date of each activity. 

i. Actual dates for activities started and / or completed 

ii. Percentage of work completed by activity 

iii. Estimated remaining duration for each activity in progress 

iv. Cost Percentage Complete 




b. Identify activities modified since previous submittal, major 

changes in scope and other identifiables. 

c. Provide narrative report to define problem areas, anticipated 

delays and impact on schedule. 

d. Report corrective action taken or proposed, and its effect including 

the effect of changes on schedules of separate contracts, if any. 

All of the above will be subject to approval by the CPM. 

4. The data date for each Monthly Update schedules shall be the 1 st day of 

the month succeeding that month’s update period, or as approved by the 

CA. 

5. Each request for payment must be accompanied by a monthly report, 

which shall include an updated report of both time and costs, together 

with all required sorts and compact disk copies, based on the Updated 

Progress of the approved Baseline Schedule. Requests for payment will 

not be processed unless properly submitted as specified. 

6. A draft-copy of the monthly Updated Progress Schedule shall be 

forwarded to the CPM with the Draft-copy of the Application for Payment. 

7. A final-copy of the monthly Updated Progress Schedule shall be included 

in the monthly report and forwarded to the CPM with the Final-copy of the 

Application for Payment. 

8. The Updated Progress Schedule in the monthly report shall include the 

following: 

a. Sorts and Groups: Activity listings shall be provided sorted by 

activity identification number and shall include the following fields: 

i. Activity ID 

ii. Early start and finish 

iii. Description 

iv. Late start and finish 

v. Calendar # 

vi. Target start and type 

vii. Duration 

viii. Target finish and type 

ix. Codes (as required) 

x. Total float 

xi. Percent Completion (Periodic Reports) 

xii. Remaining duration (Periodic Reports) 

xiii. Successor ID, Relationship Type and Lag 

xiv. Predecessor ID, Relationship Type and Lag 

Exhibit 2 

Page 266 of 379 

b. A written narrative report describing the work physically completed 

during the progress period; percentage of work physically 

completed; milestone summary status; plan for the forthcoming 

report period; discussion of current critical paths; problem areas, 

current and anticipated; delaying factors and their impact; 

explanation of corrective actions taken or proposed; and 




Exhibit 2 

Page 267 of 379 

anticipated outcome if corrective action is taken. This written 

narrative progress summary describing the following: 

i. Physical progress during the report period. 

ii. Plans for the forthcoming report period. 

iii. Potential delays and problems and their estimated effect 

on performance schedule and overall completion and an 

explanation of corrective action taken or proposed and its 

expected effect. 

iv. Identity of current Critical Path items and those items of 

work with less than fifteen (15) days of float listed by early 

completion. 

v. Current Projected start and completion dates. 

vi. Percentage progress during the last period of each major 

activity. 

vii. Percentage of Change Order completion. 

Percentage of total schedule period consumed. 

viii. Whether the project is on, ahead of or behind schedule. 

ix. Amount of remaining schedule float. 

x. Goals for next reporting period (such as progress on 

activities, or problems). 

xi. Proposed revisions to logic and relationships of non-critical 

activities. 

xii. A financial report with cash expenditure curves and other 

appropriate graphics from P3. The CONTRACTOR shall 

submit the narrative progress report to the CPM once a 

month or on established dates as scheduled by the CPM 

at least 48 hours before each pencil copy meeting for the 

Pay Application. 

c. Printout of the Summary Bar Chart indicating progress to the 

schedule status date. 

d. Periodic Reports: Periodic reporting frequency shall be as 

specified. The following reports shall be prepared by the 

CONTRACTOR: 

i. Activity progress and updating information report. This 

report shall be comprised of an activity listing showing 

percent completion, remaining duration and actual start 

and finish dates. 

ii. Schedule modification report. This report documents all 

changes made to project schedule information, i.e. 

changes in logic, durations, descriptions, etc. If the type 

and quantity of modifications become significant, the CPM 

may request a new logic diagram at no additional cost to 

the COUNTY. 

iii. Current Updated Progress Schedule Activity vs. Baseline 

Schedule Report. This report documents all activities and 

its early and late drift or variance from the Baseline early 

and late dates. 




Exhibit 2 

Page 268 of 379 

9. If the CONTRACTOR’s monthly Updated Progress Schedule reflects, or 

the CPM determines, that the CONTRACTOR is at least fifteen (15) or 

more calendar days behind the recognized Baseline Schedule for the 

Project Milestones or an item of work on which is on the critical path, then 

the CONTRACTOR shall submit with the monthly Updated Progress 

Schedule, or within seven (7) days of a written request from the CPM, his 

proposed plan for bringing the work back on schedule and completing the 

work by the contract completion date(s). 

10. If the monthly Updated Progress Schedule is rejected, the 

CONTRACTOR shall resubmit the update for approval within seven (7) 

calendar days. If the resubmittal of the schedule does not occur within 

seven (7) calendar days, the withholding of progress payments may 

occur, per paragraph G. 9. of this specification section. 

1.07 REVISIONS TO BASELINE SCHEDULE 

A. Updating the Schedule to reflect actual progress to date shall not be considered a 

revision of the Schedule. 

B. With the CA’s approval, the CONTRACTOR shall revise the Baseline Schedule when 

one or more of the following conditions occur: 

1. When a change or delay significantly affects any specified intermediate 

milestone or completion dates. 

2. When the CONTRACTOR elects to change any sequence of activities 

affecting the critical path or to significantly change the previously 

approved work plan. 

3. When, in the opinion of the CPM, the status of the work is such that the 

Baseline Schedule and supporting analysis no longer accurately 

represents the Work for planning and progress evaluation purposes; 

requires CA approval. 

4. Upon issuance of additional Notices to Proceed. 

5. Upon subcontract award. 

6. When CONTRACTOR receives BCAD Project Manager approval to 

change the logic per section 1.10 of this section (01315). 

C. Submit any revised Baseline Schedule in the same form and detail as the 

Preliminary Baseline Schedule submittal requirements. 

D. Changes in the Baseline Schedule to reflect revisions in the method of operating and 

scheduling of work shall be made by notifying the CPM in writing, stating reason for 

the proposed revision(s). 

E. Reasonable requests for revisions from the CPM shall be implemented by the 

CONTRACTOR. 

F. Revisions to the Baseline Schedule requested by the CPM will require written 

response from the CONTRACTOR within fourteen (14) calendar days of the 

requested revision. 




Exhibit 2 

Page 269 of 379 

G. Change Orders: 

1. Requests for change orders shall include statements as to the effect of 

the requested change on the CONTRACTOR’s schedule and costs. In 

cases where the requested change has no impact on cost or schedule, 

statements to that effect shall still be included. 

2. As a minimum, a requested change order or time extension which affects 

the schedule will include a fragnet showing the schedule network logic 

and durations of any and all added or changed activities to the schedule. 

This fragnet will only show the changes and / or added activities made 

necessary by the requested change order. The fragnet must be approved 

before incorporation into the CONTRACTOR’s current accepted Updated 

Progress Schedule or Baseline Schedule. 

3. Incorporation of approved change orders shall reflect impacts on the 

current Updated Progress Schedule and Baseline Schedule. 

1.08 ADJUSTMENT OF TIME FOR COMPLETION 

A. Time for Completion will be adjusted only in accordance with this Clause and the 

Agreement. 

B. Any request for adjustment of time for completion because of changes or alleged 

delays shall be accompanied by a complete Time Impact Analysis which shall be 

submitted for approval within seven (7) calendar days after initial notice of delay. 

C. Each Time Impact Analysis shall provide information justifying the request and 

stating extent of adjustment requested for each specific change or alleged delay. 

Each Analysis shall be on form and content acceptable to the CPM, and shall 

include, but not be limited to, the general information set forth in this section 

appropriate to the type of request (change or alleged delay) plus the following: 

1. Fragnet schedule illustrating how the change, or the alleged delay, is 

proposed to be incorporated into the current Updated Progress Schedule. 

2. Identification of activities in current Updated Progress Schedule which are 

proposed to be amended due to change or alleged delay, together with 

engineering estimates and other appropriate data justifying proposal. 

3. Supporting documentation in the form of technical documents, 

correspondence, daily reports, directives, and / or other forms of 

documentation relevant to the change or alleged delay. 

D. Seasonal weather conditions shall be considered and included in the planning 

and scheduling of all work influenced by high or low ambient temperatures, wind, 

precipitation and / or saturated soil, to ensure completion of all Work within the 

Contract Time. Seasonal weather conditions shall be determined by an 

assessment of mean historical climatic conditions based upon the preceding ten 

(10) year records published for the locality by the U.S. Weather Bureau Service. 




1.09 TIME IMPACT ANALYSIS (T.I.A.) 

Exhibit 2 

Page 270 of 379 

A. When proposed Contract Modifications are initiated or delays are experienced, 

the CONTRACTOR shall submit to the CPM a written Time Impact Analysis 

illustrating the influence of each change, delay, or request on any specified 

intermediate milestone date and the current projected Contract Completion date. 

1. Each Time Impact Analysis shall include a fragnet indicating all 

necessary logic, duration, and demonstrating how the CONTRACTOR 

proposes to incorporate the change or delay into the Baseline Schedule 

and any additional supporting evidence / documentation that the CPM 

deems necessary, per section 1.08. 

2. The event times used in the analysis shall be those included in the latest 

Updated Progress Schedule or as adjusted by mutual agreement to 

reflect project status at the time the delay occurred or notification of the 

change was issued. 

B. Where the CPM has not yet made a final determination as to the amount of time 

extension, or the parties are unable to agree as to the amount of time extension 

to be reflected, the CONTRACTOR shall reflect that amount of time extension in 

the Baseline Schedule as the CPM may determine to be appropriate for such 

interim purpose. It is understood and agreed that any such interim determination 

for the purpose of this paragraph shall not be binding upon either party for any 

other purpose and that, after the CPM has made a final determination as to any 

time extension, the CONTRACTOR shall revise the Baseline Schedule prepared 

thereafter in accordance with the final decision. 

C. It is understood that Schedule Float is not for the exclusive use of either the CPM 

or the CONTRACTOR. Extensions of time for performance under any and all of 

the provisions of this Contract will be granted only to the extent that equitable 

time adjustments for the activity or activities affected exceed the total float along 

the critical path involved at the time a delay occurred or notification of a change 

was issued. It is expressly agreed and understood that the CONTRACTOR shall 

not be entitled to any compensation or damages on account of potential delays 

which can be avoided by re-sequencing activity times or logic used to sequester 

float. 

D. Upon review and concurrence by the CPM of the Time Impact Analysis to any 

extension of time for completion of any intermediate contract milestone, time(s) 

for completion of such milestone(s) will be adjusted by the CPM through the 

BCAD Project Manager whether or not time for completion of the Baseline 

Schedule is changed accordingly. The agreed upon impact to the Work shall be 

incorporated into the Updated Progress Schedule at the next monthly update. 

E. Submit three (3) copies of each Time Impact Analysis within seven (7) calendar 

days after commencement of delay or notice of direction for Change Order is 

issued. 

F. Time Impact Analyses related to Change Order Work and / or Contract Time 

extensions shall be incorporated into and attached to the applicable Change 




Order. Upon receipt of an approved Change Order modifying the contract 

completion date, the CONTRACTOR shall reissue a new Baseline schedule, 

without status data, to serve as a modified baseline schedule. 

1.10 RESPONSIBILITY FOR COMPLETION 

A. The CONTRACTOR shall furnish sufficient forces, offices, facilities and 

equipment, and shall work such hours including night shift and overtime 

operations, as necessary to ensure the prosecution of the Work in accordance 

with the current monthly Updated Progress Schedule. If, in the opinion of the 

CPM, the CONTRACTOR, due to its own action, falls behind in meeting the 

Baseline Schedule as presented in the current monthly Updated Progress 

Schedule, the CONTRACTOR shall take such steps as may be necessary to 

improve its progress, and the CPM through the BCAD Project Manager may 

require the CONTRACTOR to increase the hours of work, the number of shifts, 

the amount of supervision, overtime operations and / or the amount of 

construction equipment without additional cost to the County. The provisions of 

this section shall not be construed as prohibiting work on Saturdays, Sundays, 

and holidays, if the CONTRACTOR so elects and gives reasonable notice to the 

CPM. 

B. The CONTRACTOR may improve its progress by performing sequential activities 

concurrently, by performing activities more quickly than planned, or by revising 

schedule logic to reflect a work around sequence. The CONTRACTOR may 

make minor logic changes, which are required to reflect actual work as it is 

performed, pertaining to out-of-sequence work. The minor logic changes shall be 

included in the monthly Updated Progress Schedule report in a format similar to 

that provided by Digger 2.0 software or Schedule Analyzer Pro software. 

1.11 PARTIAL PAYMENTS 

Exhibit 2 

Page 271 of 379 

A. Requests for partial payment must be accompanied by the Updated Progress 

Schedule. Requests for payment will not be processed unless properly 

submitted as specified. 



(Not Used) 

(Not Used) 

END OF SECTION 01315 - PROGRESS SCHEDULES (COMPUTERIZED CPM) 


PART - GENERAL 


SECTION 01340 – SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 

1.01 RELATED DOCUMENTS 

A. Related Sections 


1. DIVISION 01 - GENERAL REQUIREMENTS Section(s): 

01313 - CONSTRUCTION SCHEDULING MANAGEMENT SYSTEM 

01315 - PROGRESS SCHEDULES (COMPUTERIZED CPM) 

A. Work-Related Submittals: 

1. The provisions of the Section apply to those required submittals that are 

related to individual units of Work, not to administrative submittals, such 

as payment requests, insurance certificates and progress reports. 

2. In addition to specific provisions of the General Conditions regarding 

Work-related submittals, the Technical Specifications Sections contain 

submittal requirements. 

3. Specific requirements in other Contract Documents sections shall take 

precedence over the general requirements contained in this Section. 

1.03 SUBMISSION AND APPROVAL SCHEDULE 

Exhibit 2 

Page 272 of 379 

A. Immediately following development and acceptance of fully developed Progress 

Schedule specified under Sections 01315 - PROGRESS SCHEDULES 

(COMPUTERIZED CPM), prepare complete schedule of work-related submittals, 

including shop drawings, product data, and samples. Submit within ten (10) days 

of date required for establishment of Progress Schedule. Correlate Submittal 

Schedule with listing of principal subcontractors, with listing of products or 

procurements schedule. 

B. Color Schedule: Submit separate listing of items requiring color selection by the 

CONSULTANT in accordance with the Contract Documents. 

C. The CONTRACTOR shall prepare and submit in electronic Excel Format and 

hard copies in triplicate each to the CONSULTANT and CPM a completely 

itemized Schedule of Shop Drawings, Product Data and Samples, listing each 

and all such items as required under the specifications. Schedules shall indicate 

for each required item: 

1. Prepare Schedule in chronological sequence of first submittals. 

2. Show category of submittal, generic description of work covered, activity 

or event number on progress schedule, scheduled date for first 

submission, and blank columns for actual date of submittal, resubmittal, 

and final release or acceptance by CONSULTANT. 

3. Identification as to pertinent Specification Division. 

4. Item(s) involved. 

5. Name of pertinent Subcontractor or supplier and the name of pertinent 

manufacturer. 

Section 01340 Shop Drawings, Product Data and Samples Page 67



6. Schedule date of delivery of pertinent items to the Project. 

1.04 PROCEDURE REQUIREMENTS 

Exhibit 2 

Page 273 of 379 

A. Coordination: Coordinate the preparation and processing of submittals with the 

performance of the Work. Coordinate each separate submittal with other 

submittals and related activities such as testing, purchasing, fabrication, delivery 

and similar activities that require sequential activity. 

1. Coordinate the submittal of different units of interrelated Work so that one 

submittal will not be delayed by either the CPM’s or the CONSULTANT’s 

need to review a related submittal. The CONSULTANT and CPM reserve 

the right to withhold action on any submittal. 

2. Scheduling: In each appropriate administrative submittal, such as the 

Construction Schedule, show the principal Work-related submittals and 

time requirements for coordination of submittal activity with related Work. 

3. Coordination of Submittals Times: Prepare and transmit each submittal 

to the CPM and CONSULTANT sufficiently in advance of the scheduled 

performance of related Work and other applicable activities. Transmit 

different kinds of submittals for the same unit of Work so that processing 

will not be delayed by the CPM’s and the CONSULTANT’s need to review 

submittals concurrently for coordination. 

4. Coordinate both procedural timing and listing, including naming and 

sequencing, or reports and activities required by provisions of this Section 

and other Sections, to afford consistency and logical coordination 

between submitted reports or lists. Maintain coordination and correlation 

between separate reports by updating at monthly or shorter time intervals. 

Make appropriate distribution of each report and updated report to entities 

involved in Work. 

5. Review Time: Allow sufficient time so that the installation will not be 

delayed as a result of the time required to properly process submittals, 

including time for resubmittal, if necessary. 

a. Allow a minimum of fourteen (14) calendar days for the CPM’s 

and CONSULTANT’s initial processing of each submittal. The 

CPM and the CONSULTANT will advise the CONTRACTOR 

promptly when it is determined that a submittal being processed 

must be delayed for coordination. Note that the CPM and the 

CONSULTANT will not make color; texture, pattern and similar 

finish selections until all initial submittal requirements for all finish 

selections have been fulfilled. 

b. Allow a minimum of fourteen (14) calendar days for reprocessing 

each submittal. 

c. No Contract Time extension shall be authorized because of the 

CONTRACTOR’s failure to transmit submittals to the CPM and the 

CONSULTANT sufficiently in advance of the Work and in 

accordance with the approved submittal schedule. 

6. No claim shall be allowed on account of failure of the CONSULTANT to 

furnish Drawings, Specifications or instructions or to return Shop 

Drawings or Samples, pursuant to paragraph 4 above, until five (5) 




calendar days after receipt by the CONSULTANT, CPM and CA, by 

registered or certified mail, of written demand for such instructions, 

Drawings, or Samples, and not then unless such claim can be factually 

supported. 

B. SUBMITTAL PREPARATION: 

1. Mark each submittal with a permanent label for identification. Provide 

the following information on the label for proper processing and recording 

of action taken. 

Project name. 

Date. 

Name and address of CONSULTANT. 

Name and address of Contractor. 

Name and address of Subcontractor. 

Name and address of Supplier. 

Name of Manufacturer. 

Number and title of appropriate specification section. 

Drawing number and detail references, as appropriate. 

Similar definitive information as necessary. 

2. Provide a space on the label for the CONTRACTOR’s review and 

approval markings, and a space for the CONSULTANT’s or the CPM’s 

“Action” marking. 

C. SUBMITTAL TRANSMITTAL: 

1. Package each submittal appropriately for transmittal and handling. 

Transmit each submittal from the CONTRACTOR to the CPM and the 

CONSULTANT and to other destinations as indicated, by use of a 

transmittal form. Submittals received from sources other than the 

CONTRACTOR will be returned to the sender “without action”. 

a. Record relevant information and requests for data on the 

transmittal form. On the transmittal form, or on a separate sheet 

attached to the form, record deviations from the requirements of 

the Contract Documents, if any, including variations and 

limitations. 

D. SUBMITTAL NUMBERING: 

Exhibit 2 

Page 274 of 379 

1. To facilitate review, the CONTRACTOR shall number consecutively each 

submittal. This numbering system shall be in order of submittal. Any 

resubmittal required shall have the same number as the original submittal 

followed by notation signifying that this is a second (or third, etc.) 

submittal; example: SUB# - SPEC # - REV #. 

2. In addition, all submittals shall have the following information placed on 

them by the CONTRACTOR and review of a particular submittal will be 

undertaken only if such information is provided. 




a. Shop Submittal Number: 

b. Deviations: None ; as listed 

c. Reference Specification Number: 

d. Reference Drawing Number: ______ 

e. Space Requirement: As designed _______ 

Different, As listed 

f. Contractor has reviewed and submitted for review. 

Signature: 

Date: 

E. ADDITIONAL COPIES: 

1. Provide additional copies of submittals required by Governing Authorities 

that are in addition to copies specified for submittal to the CPM and the 

CONSULTANT. 

1.05 SPECIFIC SUBMITTAL REQUIREMENTS 

A. GENERAL 

Exhibit 2 

Page 275 of 379 

1. Where it is necessary to provide intermediate submittals between the 

initial and final submittals, provide and process intermediate submittals in 

the same manner as for initial submittals. 

2. Shop Drawings, Product Data and Samples submitted to the CPM and 

the CONSULTANT for review shall first be checked and approved by the 

CONTRACTOR. Shop Drawings, Product Data and Samples received 

without the CONTRACTOR’s “check and approved” stamp will be cause 

for immediate return without further action. Each drawing correctly 

submitted will be checked by the CONSULTANT and marked accordingly. 

3. Specific submittal requirements for individual units of Work are specified 

in the applicable specification section. Except as otherwise indicated in 

the individual specification sections, comply with the requirements 

specified herein for each type of submittal. 

4. In submitting shop drawings, product data, and similar items for review, at 

least seven (7) copies shall be submitted, five (5) to the CONSULTANT 

and two (2) to the CPM. This number includes two (2) for return to the 

CONTRACTOR. If the CONTRACTOR desires more than two (2) copies 

returned to him, he shall submit to the CONSULTANT with the initial and 

subsequent transmittals the additional number desired up to a maximum 

of an additional three (3) copies. If the CONSULTANT requires additional 

copies, he will so inform the CONTRACTOR upon return of the reviewed 

material. Additional copies of shop drawings will be requested in the case 

where the subject matter shown thereon requires coordination of two (2) 

or more Prime Contracts. 

5. Shop and setting drawings shall present complete and accurate 

information relative to all working dimensions, equipment weight 

assembly and sectional view, all necessary details pertaining to 

coordinating the Work of the Contract, lists of materials and finishes, parts 

lists and the description thereof, lists of spare parts and tools where such 

parts or tools are required, no-scale control diagrams for control wiring 




and control piping, and all other items of information that area required to 

demonstrate detail compliance with the Drawings and Specifications. 

6. If the CONTRACTOR proposes equipment requiring materially different 

layout from that shown on the Drawings and if such substitution is 

acceptable to the CPM and the CONSULTANT, the CONTRACTOR shall 

submit drawings showing the revised layout of all affected structures, 

piping and equipment. 

7. The CPM’s and the CONSULTANT’s review of the CONTRACTOR’s 

shop drawings signifies only that such drawings appear to be in 

conformity with the Contract Documents or with the CPM’s or 

CONSULTANT’s instructions. Such review does not indicate approval of 

every detail of the drawings nor of the Work methods of the 

CONTRACTOR which are indicated thereon. 

8. Regardless of the corrections made in, or reviews given to such drawings 

by the CPM or the CONSULTANT, the CONTRACTOR will nevertheless 

be responsible for the accuracy of such drawings, for their conformity to 

the Drawings and Specifications, and for the proper fitting and 

construction of the Work. 

B. SHOP DRAWINGS: 

Exhibit 2 

Page 276 of 379 

1. Composite Shop Drawings shall be prepared by the CONTRACTOR 

where the CPM determines them to be required for coordination of the 

Work, including but not limited to: 

a. Where Work by separate entities requires off-site fabrication of 

products and materials which must be accurately interfaced and 

closely intermeshed to produce required results, prepare 

composite drawings to indicate how work shown by separate shop 

drawings will be interfaced, intermeshed and sequenced for 

installation. 

b. Prepare drawings to indicate how Work shown by separate civil, 

structural, mechanical, and electrical shop drawings shall be 

interfaced, intermeshed and sequenced for installation. 

c. Prepare drawings for window walls showing integration of 

structural systems, glass, plaster, and other items making up 

principal wall system. 

d. No more than three (3) weeks before materials are fabricated or 

Work has begun, CONTRACTOR shall submit to CPM and 

CONSULTANT complete, composite, blackline drawings. Prepare 

using ¼” minimum scale with congested areas and sections 

through shafts at 3/8” minimum scale. Submit total sleeving 

drawings. 

e. CONTRACTOR shall be responsible for coordination of Work. 

Each architectural, civil, structural, mechanical, and electrical 

subcontractor shall be responsible for coordination of their 

portions of the Work with Contract and with each affected trade. 

f. CONTRACTOR shall resolve conflicts, certify blackline drawings 

with signature of authorized person, and submit blackline 

drawings to CONSULTANT through the CPM. 




g. Composite drawings for CONSULTANT’s, CPM’s and 

Subcontractor’s use during construction and shall not be 

construed as replacing any shop drawing or other Project Record 

Documents. 

h. CPM’s or CONSULTANT’s review of composite drawings shall not 

relieve the CONTRACTOR from overall responsibility for 

coordination of work performed pursuant to Contract or from other 

requirements of Contract. 

2. Information required on shop drawings includes, dimensions, 

identification of specific products and materials which are included in the 

Work, compliance with specified standards and notations of coordination 

requirements with other Work. Provide special notation of dimensions 

that have been established by field measurement. Highlight, encircle or 

otherwise indicate deviations from the Contract Documents on the shop 

drawings. 

3. Coordination Drawings: Provide coordination drawings where required for 

the integration of the Work, including Work first shown in detail on shop 

drawings or product data. Show sequencing and relationship of separate 

units of Work, which must inter face in a restricted manner to fit in the 

space provided, or function as indicated. Coordination drawings are 

considered shop drawings and must be definitive in nature. 

4. Preparation: Submit newly prepared information, drawn to accurate 

scale on sheets not less than 8-1/2” x 11”; except for actual pattern or 

template type drawings, the maximum sheet size shall not exceed 30” x 

42”. Indicate the name of the firm that prepared each shop drawing and 

provide appropriate project identification in the title block. Provide a 

space not less than 20 sq. in. beside the title block for marking the record 

of the review process and the CONSULTANT’s “Action” marking. 

a. Do not reproduce Contract Documents or copy standard printed 

information as the basis of shop drawings. 

5. Provide five (5) prints to the CONSULTANT and two (2) prints to the CPM 

plus two (2) additional prints where required for maintenance manuals, 

plus the number of prints needed by the CPM for distribution to others. 

Two (2) prints will be returned; the remainder will be retained. One (1) of 

the prints returned is to be marked up and maintained by the 

CONTRACTOR as a “Record Document”. 

C. PRODUCT DATA: 

Exhibit 2 

Page 277 of 379 

1. General information required specifically as product data includes 

manufacturer’s standard printed recommendations for application and 

use, compliance with recognized standards of trade associations and 

testing agencies, and the application of their labels and seals (if any), 

special notation of dimensions which have been verified by way of field 

measurement, and special coordination requirements for interfacing the 

material, product or system with other Work. 

2. Preparation: Collect required product data into a single submittal for 

each unit of Work or system. Mark each copy to show which choices and 




Exhibit 2 

Page 278 of 379 

options are applicable to the project. Where product data has been 

printed to include information on several similar products, some of which 

are not required for use on the project, or are not included in this 

submittal, mark the copies to show clearly that such information is not 

applicable. 

a. Where product data must be specially prepared for required 

products, materials, or systems, because standard printed data is 

not suitable for use, submit data as “shop drawings” and not as 

“product data”. 

b. Clearly mark each copy to identify pertinent products or models. 

c. Show performance characteristics and capacities. 

d. Show dimensions and clearances required. 

e. Show wiring or piping diagrams and controls. 

f. Indicate finish. 

g. Supplement standard information to furnish information 

specifically applicable to Work. 

h. Modify drawings and diagrams to delete information, which is not 

applicable to Work. 

3. Submittals: Product data submittal is required for information and record 

and to determine that the products, materials, and systems comply with 

the provisions of the Contract Documents. Therefore, the initial submittal 

is also the final submittal, except where the CONSULTANT observes that 

there is non-compliance with the provisions of the Contract Documents 

and returns the submittal promptly to the CONTRACTOR marked with the 

appropriate “Action”. 

a. Provide two (2) preliminary single-copy submittals where required, 

for selection of options by the CPM and the CONSULTANT. 

4. Submit four (4) copies to the CONSULTANT and two (2) copies to the 

CPM of each required product data submittal, plus two (2) additional 

copies where required for maintenance manuals. Two (2) copies will be 

returned to the CONTRACTOR, marked with “Action” and corrections or 

modifications as required, the remainder will be retained. 

a. Do not submit product data or allow its use on the project, until 

compliance with the requirements of the Contract Documents has 

been confirmed by the CONTRACTOR. 

5. Final Distribution: Furnish copies of product data to subcontractors, 

suppliers, fabricators, manufacturers, installers, governing authorities and 

others as required for proper performance of the Work. Show distribution 

on transmittal forms. 

6. Installation Copy: Do not proceed with installation of materials, products 

and systems until a copy of product data applicable to the installation is in 

the possession of the Installer. Do not permit the use of unmarked copies 

of product data in connection with the performance of the Work. 




D. SAMPLES: 

Exhibit 2 

Page 279 of 379 

1. Submit samples for the CONSULTANT’s visual review of general generic 

kind, color, pattern, and texture, and for a final check of the coordination 

of these characteristics with other related elements of the Work. Samples 

are also submitted for quality control comparison of these characteristics 

between the final sample submittal and the actual Work as it is delivered 

and installed. 

a. Refer to individual Work sections for additional sample 

requirements, which may be intended for examination or testing of 

additional characteristics. Compliance with other required 

characteristics is the exclusive responsibility of the 

CONTRACTOR; such compliance is not considered in the 

CONSULTANT’s review and “Action” indication on sample 

submittals. 

b. Documentation required specifically for sample submittals include 

a generic description of the sample, the sample source or the 

product name or manufacturer, compliance with governing 

regulations and recognized standards. In addition, indicate 

limitations in terms of availability, sizes, delivery time, and similar 

limiting characteristics. 

2. Preparation: Where possible provide samples that are physically 

identical with the proposed material or product to be incorporated in the 

Work; provide full scale, fully fabricated samples cured and finished in the 

manner specified. Where variations in color, pattern, or texture are 

inherent in the material or product represented by the sample, submit 

multiple units of the sample (not less than 3 units), which show the 

approximate limits of variations. Where samples are specified for the 

CONSULTANT’s selection of color, texture or pattern, submit a full set of 

available choices for the material or product. Mount, display, or package 

samples in the manner specified to facilitate the review of indicated 

qualities. Prepare samples to match the CONSULTANT’s sample where 

so indicated. 

a. Refer to individual sections of these specifications for samples, 

which, because of their relatively high cost or other special 

considerations, are intended to be returned to the CONTRACTOR 

for incorporation in the Work. Such samples must be in an 

undamaged condition at the time of use. On the transmittal form 

to the CONSULTANT, indicate such special requests regarding 

the disposition of sample submittals. 

b. Submit six (6) sets of samples, two (2) to the CPM, four (4) to the 

CONSULTANTs, two (2) sets will be returned. 

3. Distribution of Samples: Maintain the final submittal sets of samples, as 

returned by the CONSULTANT, at the project site, available for quality 

control comparisons throughout the course of performing the Work. In 

addition, final submittal sets may be used to obtain final acceptance of the 

Work associated with each set. Prepare and distribute additional sets of 




samples to subcontractors, suppliers, fabricators, manufacturers, 

installers, governing authorities, and others as required for proper 

performance of the Work. Show final distribution on transmittal forms. 

4. Mock-Ups: Mock-ups are special form of samples, which are too 

large or otherwise inconvenient for handling in specified manner for 

transmittal of sample submittals. Mock-ups and similar samples specified 

in individual Work sections recognized as a special type of sample. 

Comply with requirements for sample to greatest extent possible, and 

process transmittal forms to provide records of activity. 

a. Field Samples: 

E. MISCELLANEOUS SUBMITTALS: 

Exhibit 2 

Page 280 of 379 

(1) Construct mock-up for CONSULTANT’s and CPM’s visual 

examination, for quality control, and performance of 

required testing. 

(2) Erect at location acceptable to CPM. 

(3) Size of Area: As specified in respective Specification 

Section. 

(4) Fabricate each sample and mock-up complete and finished 

using materials, fabrication, and installation methods 

identical with those indicated for Work. 

(5) Remove mock-ups at conclusion of Work or when 

acceptable to CPM if not incorporated into Work. 

1. Inspection and Test Reports: Classify each inspection and test report as 

being either “shop drawings” or “product data” depending on whether the 

report is specially prepared for the project, or a standard publication of 

workmanship control testing at the point of production. Process 

inspection and test reports accordingly. 

2. Warranties: Refer to Section 01740 - WARRANTIES, for specific general 

requirements on warranties, product bonds, workmanship bonds and 

maintenance agreements. In addition to copies desired for the 

CONTRACTOR’s use, furnish two (2) executed copies of such 

warranties, bonds, or agreements. Provide two (2) additional copies 

where required for maintenance manuals. 

3. Survey Data: Refer to Section 01040 - PROJECT COORDINATION, for 

specific general requirements on property surveys, field measurements, 

and quantitative records of actual Work, damage surveys and similar data 

required by the individual sections. None of the specified copies will be 

returned. 

4. Standards: Where submittal of a copy of a standard is indicated, and 

except where copies of standards are specified as an integral part of a 

“Product Data” submittal, submit a single copy of standards for the 

CONSULTANT’s use. Where workmanship, whether at the project site or 

elsewhere is governed by a standard, furnished additional copies of the 

standard to fabricators, installers and others involved in the performance 

of the Work. 

5. Closeout Submittals: Refer to Section 01770 - PROJECT CLOSEOUT, 

and to individual section of these specifications for specific submittal 




requirements of project closeout information, materials, tools, and similar 

items. 

6. General Distribution: Provide additional distribution of submittals to 

subcontractors, suppliers, fabricators, installers, governing authorities, 

and others as necessary for the proper performance of the Work. Include 

such additional copies in the submittals to the CONSULTANT where the 

submittals are required to receive “Action” marking before final 

distribution. Record distributions on transmittal forms. 

1.06 CONTRACTOR’ DUTIES 

A. Review submittals prior to transmittal; determine and verify field measurements, 

field construction criteria, manufacturer’s catalog numbers, and conformance of 

submittal with requirements of Contract Documents. 

B. Coordinate submittals with requirements of Work and of Contract Documents. 

C. Submittals or Accompanying Transmittal Letter Shall Contain: 

Exhibit 2 

Page 281 of 379 

1. Date of submission and dates of previous submissions when applicable. 

2. Project title and number. 

3. Contract identification. 

4. Names of subcontractor, supplier, and manufacturer. 

5. Identification of product with Specification Section number. 

6. Field dimensions, clearly identified as such. 

7. Relation to adjacent or critical features of work of materials. 

8. Applicable standards, such as, ASTM or Federal Specification numbers. 

9. Identification of revisions on resubmittal. 

10. Additional information required by Contract Documents. 

11. CONTRACTOR executed review and approval marking or stamp. 

12. Blank space for CPM’s and CONSULTANT’s action marking or stamp. 

13. CONTRACTOR to carefully check all submittals and be responsible for 

dimensions, quantity etc. necessary to make a complete project in 

compliance with plans and specifications. 

D. Clearly identify on submittals, or in writing at time of submission, deviations in 

submittals from requirements of Contract Documents. CONTRACTOR’s 

responsibility for deviations in submittals from requirements of Contract 

Documents is not relieved by CPM and CONSULTANT’s review of submittals 

unless CONSULTANT furnishes written recommendation of acceptance of 

specific deviations to the CPM and the CPM provides written acceptance to 

CONTRACTOR. 

E. Apply CONTRACTOR’s mark or stamp, sign, and date, Signature of 

CONTRACTOR’s authorized person certified verification of products, verification 

of field measurements and field construction criteria, and coordination of 

information within submittal with requirements of work and of Contract 

Documents. Submittals without CONTRACTOR’s executed mark or stamp and 

signature will be returned without disposition. 




F. Submittals that are received from sources other than through CONTRACTOR’s 

office will be returned without action. Delays resulting there from shall be 

CONTRACTOR’s responsibility. 

G. Package each submittal appropriately for transmittal and handling. 

H. Distribute reproductions of shop drawings, copies of product data, and samples, 

which bear CONSULTANT’s stamp of approval, to jobsite file, record documents 

file, subcontractors, suppliers and other entities requiring information. 

I. Do not fabricate products or begin work, which required submittals until return of 

submittal with CONSULTANT’s and CPM’s acceptance. 

1.07 CPM’S AND CONSULTANT’S ACTION: 

A. Where action and return is required or requested, CONSULTANT will review 

each submittal, mark with action, and where possible return with reasonable 

promptness. CPM will forward all comments to the CONSULTANT 

1. Where submittal must be held for coordination, CONTRACTOR will be so 

advised by the CONSULTANT. 

2. Affix stamp and initial or sign, and indicate requirements for resubmittal, 

or acceptance of submittal. 

3. Return submittals to CONTRACTOR for distribution or for resubmission. 

4. CONSULTANT will review submittals for design content only. CPM will 

review submittals for construction and installation considerations. 

B. Final Unrestricted Release: When submittal is returned marked “No Exceptions 

Taken”, work may proceed, provided it complies with Contract Documents. 

C. Final-But-Restricted-Release: When submittal is returned marked “Note 

Markings”, Work may proceed, provided it complies with notations and 

corrections on submittal and with Contract Documents. 

D. Returned for Resubmittal: 

Exhibit 2 

Page 282 of 379 

1. When submittal is returned marked “Revise and Resubmit” or is 

unmarked, do not proceed with Work. 

2. Revise submittal in accordance with notations and resubmit without delay 

to obtain difference action marking. 

E. Other Action: Where submittal is returned for other reasons, with the CPM or 

CONSULTANT’s explanation included, it will be marked “Not Accepted”. 



(Not Used) 

(Not Used) 

ATTACHMENTS: 

Submittal Transmittal 




Exhibit 2 

Page 283 of 379 

SUBMITTAL TRANSMITTAL 

Project Name _______________________________________ Submittal No. __________________ 

CM-at-Risk Contractor 

(CMR)__________________________________________________________________________ 

Subcontractor/Supplier________________________________________________________________________ 

Specification Section __________________Paragraph Reference _____________________________________ 

Drawing Number _____________________Section/Detail Reference ___________________________________ 

Manufacturer ________________________ Model No. ______________________________________________ 

Transmittal 

Record 

CMR to PM 

Attention: 

Date 

Sent 

Date 

Received 

Date Due Quantity Reviewed by: 

CMR to 

Consultant 

Consultant to 

Subconsultant 

Subconsultant to 

Consultant 

Consultant to 

PM 

PM to CMR 

DEVIATIONS: None __________; 

As Listed _____________ 

SPACE REQUIREMENTS: As Designed ___________; Different and as Listed _____________ 

THIS SUBMITTAL CONSISTS OF (SELECT): 

Product Data 

Maintenance Instructions 

Shop Drawings 

Manufacturer’s Test Report 

Installation Instructions 

Manufacturer’s Approval of Applicator/Installer 

Material Schedule 

Others (include list) 

Quantity: __________ Description: _____________________________________________ 

Sepia ________________________________________________________________________ 

Prints ____________________________________________________________________________ 

Samples ____________________________________________________________________________ 

Check one of the following: 

Submitted Resubmitted 

By___________________________________________________ 

Date____________________________________________ 

Signature 

SUBMITTAL TRANSMITTAL REVIEW 

Consultant’s project # _____________ 

Consultant’s tracking # _______________ 

NO EXCEPTIONS TAKEN NOTE COMMENTS REJECTED 

RESUBMIT 

CONSULTANT’S COMMENTS: 

_____________________________________________________________________________________________ 

____ 




Exhibit 2 

Page 284 of 379 

_____________________________________________________________________________________________ 

____ 

By ____________________________________________________________ Date 

_____________________________________ 

Signature 

CPM’s COMMENTS: __________________________________________________________ 

____________________________________________________________________________________________ 

_____ 

____________________________________________________________________________________________ 

_____ 

By ____________________________________________________________ Date 

______________________________ 

Signature 

Note: 

Notations do not authorize changes to contract price or time. If you are authorized to proceed with the work identified in this 

submittal, it is assumed that no change in the contract amount or completion date is required. If a change in the work affecting your 

contract price or completion date is involved, notify the PM immediately. 

END OF SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 


DIVISION 1 SPECIFICATIONS - SECTION 01390 CONTROL OF WORK 


1.01 AUTHORITY OF CPM AND THE CONSULTANT 

A. The CONSULTANT will decide any and all questions that may arise as to the 

quality and acceptability of materials furnished and the technical interpretation of 

the Contract Documents. The CPM will decide any and all questions that may 

arise as to the work performed, the rate of progress of the Work, the fulfillment of 

the Contract on the part of the Contractor and the rights of different Contractors 

on the Project. The CPM will determine the amount and quality of the several 

kinds of work performed and materials furnished which are to be paid for under 

the Contract. 

1.02 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS 

Exhibit 2 

Page 285 of 379 

A. All work and all materials furnished shall be in conformity with the lines, grades, 

grading sections, cross sections, dimensions, materials requirements, and testing 

requirements that are specified (including specified tolerances) in the Contract 

Documents. 

B. If the CONSULTANT finds the materials furnished, or the finished product not 

within conformity with the Contract Documents but that the portion of the Work 

affected will, in his/her opinion, result in a finished product having a level of 

safety, economy, durability, and workmanship acceptable to the COUNTY, he will 

submit written findings and advise the CPM of the recommendation that the 

affected work be accepted and remain in place. In this event, the CPM will 

document its determination and recommend to the COUNTY a basis of 

acceptance that will provide for an adjustment in the Contract Sum for the 

affected portion of the Work. The CONSULTANT's determination and the CPM’s 

recommended Contract Sum adjustments will be based on good engineering 

judgment and such test or retests of the affected work as are, in their opinion, 

needed. Changes in the Contract Sum shall be covered by contract 

modifications as applicable. 

C. If the CONSULTANT finds, and advises the CPM that the materials furnished, or 

the finished product are not in reasonably close conformity with the Contract 

Documents and have resulted in an unacceptable finished product, the affected 

work or materials shall be removed and replaced or otherwise corrected by and 

at the expense of the CONTRACTOR in accordance with the CPM’s written 

instructions. 

D. For the purpose of this Section, the term “reasonably close conformity” shall not 

be construed as waiving the CONTRACTOR’s responsibility to complete the 

Work in accordance with the Contract Documents. The term shall not be 

construed as waiving either the CPM’s or the CONSULTANT's right to insist on 

strict compliance with the Contract Documents during the CONTRACTOR’s 

prosecution of the Work, when, in the CPM’s opinion, such compliance is 

essential to provide an acceptable finished portion of the Work. 

E. For the purpose of this Section, the term “reasonably close conformity” is also 

intended to provide the CPM and the CONSULTANT with the authority to use 

Section 01390 Control of Work Page 80


good architectural and engineering, and construction management judgment in 

their determinations as to acceptance of Work that is not in strict conformity but 

will provide a finished product equal to or better than that intended by the 

requirements of the Contract Documents. 

1.03 COORDINATION OF CONTRACT DOCUMENTS 

A. The Contract Documents and all referenced standards cited are essential parts 

of the Contract Requirements. A requirement occurring in one is as binding as 

though occurring in all. They are intended to be complementary and to describe 

and provide for a complete Work. In case of discrepancy, figured dimensions, 

unless obviously incorrect, shall govern over scaled dimensions. Cited standards 

for materials or testing, and cited FAA Advisory Circulars and other standards 

shall be considered as standard specifications. 

B. Any table, gradation, size, dimension, rate, mix, method, nomenclature, pay item 

number, basis of payment or method of measurement shown on the written 

Contract Documents, will take precedence over any variance with the drawings. 

C. The CONTRACTOR shall not take advantage of any apparent error or omission 

in the various Contract Documents. In the event the CONTRACTOR discovers 

any apparent conflict, error or discrepancy, he shall immediately call upon the 

CPM for his/her interpretation and decision, and such decision shall be final. 

1.04 CONSULTANT'S DRAWINGS 

A. The Drawings furnished by the CONSULTANT consist of general drawings 

showing such details as are necessary to give a comprehensive idea of the 

construction contemplated. Roadway plans will show, in general, alignment, 

profile grades, typical cross sections and general cross sections. Structure 

plans, in general, will show in detail all dimensions of the Work contemplated. 

B. When the structure plans do not show dimensions in detail, they will show 

general features and such details as necessary to give a comprehensive idea of 

the design and construction of the structure. 

C. Not all conflicts are known within the Project area. Not all conflicts are shown on 

the Drawings. The CONTRACTOR is solely responsible for the location and 

protection of all equipment and facilities, which are to remain in service and in 

place during and after completion of all Project Work. 

1.05 FIELD NOTES 

Exhibit 2 

Page 286 of 379 

A. Field notes and records shall be kept as layout work is accomplished. These 

field notes and records shall be available for review by the CPM and 

CONSULTANT as the Work progresses and copies shall be furnished to the 

CPM at the time of completion of the Project. An inspection or checking of the 

CONTRACTOR’s field notes or layout work by the CPM and the acceptance of 

all or any part thereof, shall not relieve the CONTRACTOR of his responsibility to 

achieve the lines, grades, and dimensions shown in the Drawings and 




Exhibit 2 

Page 287 of 379 

1.06 PAYMENT 

A. The cost of all stakes and the cost of performing layout work as described above 

shall be included in the Contractor’s Cost of Work for the various items of Work 

to which it is incidental. 

1.07 AUTOMATICALLY CONTROLLED EQUIPMENT 

A. Whenever equipment is required to be operated automatically under the Contract 

and a breakdown or malfunction of the automatic controls occurs, the equipment 

may be operated manually or by other methods for a period 48-hours following 

the breakdown or malfunction, provided this method of operations will produce 

results which conform to all other requirements of the Contract. Such manual 

operation must be approved by the CPM. 

1.08 AUTHORITY AND DUTIES OF INSPECTORS 

A. Inspectors employed by the CPM and the COUNTY shall be authorized to 

inspect all work done and all materials furnished. Such inspection may extend to 

all or any part of the Work and to the preparation, fabrication, or manufacture of 

the materials to be used. Inspectors are not authorized to revoke, alter or waive 

any provision of the Contract. Inspectors are not authorized to issue instructions 

contrary to the Contract Documents or to act as foreman for the CONTRACTOR. 

B. Inspectors employed by the COUNTY and the CONSULTANT are authorized to 

notify the CONTRACTOR of any failure of the Work or materials to conform to 

the requirements of the Contract Documents and to reject such nonconforming 

materials in question until such issues can be referred to the CPM for decision. 

1.09 INSPECTION OF THE WORK 

A. All materials and each part or detail of the Work shall be subject to inspection by 

the CPM or CONSULTANT. The CPM or CONSULTANT shall be allowed access 

to all parts of the Work and shall be furnished with such information and 

assistance by the CONTRACTOR as is required to make a complete and 

detailed inspection. 

B. If the CPM requests it, the CONTRACTOR, at any time before acceptance of the 

Work, shall remove or uncover such portions of the finished Work as may be 

directed. After examination, the CONTRACTOR shall restore said portions of the 

Work to the standard required by the Specifications. Should the Work thus 

exposed or examined prove acceptable, the uncovering, or removing, and the 

replacing of the covering or making good of the parts removed will be paid for as 

extra work; but should the Work so exposed or examined prove unacceptable, 

the uncovering, or removing, and the replacing of the covering or making good of 

the parts removed will be at the CONTRACTOR’s expense. 

C. Any Work done or materials used without supervision or inspection by the CPM 

may be ordered removed and replaced at the CONTRACTOR’s expense unless 



CPM or CONSULTANT failed to inspect after having been given reasonable 

notice in writing that the Work was performed and ready for inspection. 

D. Should the Contract Work include relocation, adjustment, or any other 

modification to existing facilities, not the property of the COUNTY, authorized 

representatives of the COUNTY of such facilities shall be given the right to 

inspect such Work. Such inspection shall in no sense make any facility COUNTY 

a party to the Contract, and shall in no way interfere with the rights of the parties 

to this Contract. Inspection and/or approval of the Work or any portion thereof 

shall not relieve the CONTRACTOR of responsibility for faulty materials or 

workmanship. 

1.10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK 

A. All Work which does not conform to the requirements of the Contract Documents 

will be considered unacceptable, unless otherwise determined acceptable by the 

CPM as provided in Item 1.03 CONFORMITY WITH DRAWINGS AND 

SPECIFICATIONS of this Section. 

B. Unacceptable Work, whether the result of poor workmanship, use of defective 

materials, damage through carelessness, or any other cause found to exist prior 

to the Final Completion of the Work, shall be removed immediately and replaced 

in an acceptable manner in accordance with the provisions of the Contract 

Documents 

C. Work done contrary to the instructions of the CPM, work done beyond the lines 

shown on the Drawings or as given, except as herein specified, or any extra work 

done without authority, will be considered as unauthorized and will not be paid for 

under the provisions of the Contract. Work so done may be ordered removed or 

replaced at the CONTRACTOR’s expense. 

D. Upon failure on the part of the CONTRACTOR to comply forthwith with any order 

of the CPM made under the provision of this Section, the CPM will have authority 

to cause unacceptable work to be remedied or removed and replaced and 

unauthorized work to be removed and to deduct the costs (incurred by the 

COUNTY) from any monies due or to become due the CONTRACTOR. 

1.11 MAINTENANCE DURING CONSTRUCTION 

Exhibit 2 

Page 288 of 379 

A. The CONTRACTOR shall maintain the Work during construction and until the 

Work is accepted by the CPM. This maintenance shall constitute continuous and 

effective work prosecuted day by day, with adequate equipment and forces so 

that the Work is maintained in satisfactory condition at all times. All Work shall 

be protected during any delay between phases or sub-phases of construction 

required to complete the Work. 

1.12 FAILURE TO MAINTAIN THE WORK 

A. Should the CONTRACTOR at any time fail to maintain the Work as provided in 

Item 1.12 MAINTENANCE DURING CONSTRUCTION of this Section, the CPM 



Exhibit 2 

Page 289 of 379 

will notify the CONTRACTOR of such noncompliance. Such notification will 

specify a reasonable time within which the CONTRACTOR shall be required to 

remedy such unsatisfactory maintenance condition. The time specified will give 

due consideration to the exigency that exists. 

B. Should the CONTRACTOR fail to respond to the Project Manager’s notification, the 

CPM may suspend any work necessary for the COUNTY to correct such 

unsatisfactory maintenance condition, depending on the exigency that exists. Any 

maintenance costs incurred by the COUNTY shall be deducted from monies due to 

become due the CONTRACTOR. 



(Not Used) 

(Not Used) 

END OF SECTION 01390 - CONTROL OF WORK 


Exhibit 2 

Page 290 of 379 

DIVISION 1 SPECIFICATIONS - SECTION 01400 QUALITY CONTROL SERVICES 



A. General: This Section specifies administrative and procedural requirements for 

quality assurance/quality control testing services. 

1. Quality assurance/quality control testing services include inspections, 

tests, and related actions including reports, performed by the independent 

Test Laboratory under contract to the CONTRACTOR. Such services 

assist the CONTRACTOR in evaluating if the Work performed complies 

with the specifications or for use in evaluating construction related 

purposes. The CONTRACTOR may provide copies of test and inspection 

reports to the CPM upon request. Quality assurance/quality control 

testing costs are the responsibility of the CONTRACTOR and are a Cost 

of Work. They do not include Contract enforcement activities performed 

by the CPM or the CONSULTANT. 

2. Quality acceptance testing services include inspections, tests, and related 

actions including reports, performed by the independent Test Laboratory 

under contract to the COUNTY. Such inspection and testing services are 

intended to assist the CPM and the CONSULTANT in the determination 

that the Work performed meets with requirements specified or indicated. 

These services do not relieve the CONTRACTOR of responsibility for 

compliance with Contract Documents requirements. 

3. Payment for, and acceptance of, the Work will be made based on the 

Work installed meeting or exceeding the specifications as determined by 

the COUNTY’s quality acceptance testing results. 

B. Requirements of this Section relate to customized fabrication and installation 

procedures, not production of standard products. 

1. Inspections, test and related actions specified are not intended to limit the 

CONTRACTOR’s quality control procedures that facilitate compliance 

with Contract Documents requirements. 

2. Requirements for the CONTRACTOR to provide quality control services 

required by the Contract Documents, CPM, CONSULTANT, and 

authorities having jurisdiction are not limited by provisions of this Section. 

1.02 TESTING BY THE COUNTY 

A. The COUNTY will engage and pay for the services of a Testing Laboratory to 

perform quality acceptance inspections and tests specified for the work. 

1. Where the COUNTY has engaged a testing laboratory or other entity for 

testing and inspection of a part of the Work, and the CONTRACTOR is 

also required to engage an entity for the same related element, the 

CONTRACTOR shall not employ the entity engaged by the COUNTY, 

unless otherwise agreed in writing with the CPM. 

Section 01400 Quality Control Services Page 85


1.03 TESTING BY THE CONTRACTOR 

A. The CONTRACTOR may engage and will pay for the services of a Testing 

Laboratory to perform inspections and quality assurance/quality control tests. 

The COUNTY will ONLY engage and pay for the services of a Testing Laboratory 

to perform quality acceptance inspections and tests. 

1. Where the Consultant has engaged a testing laboratory or other entity for 

testing and inspection of a part of the Work, and the CONTRACTOR is 

also required to engage an entity for the same related element, the 

CONTRACTOR shall not employ the entity engaged by the 

CONSULTANT, unless otherwise agreed in writing with the CPM. 

1.04 CONTRACTOR RESPONSIBILITIES 

Exhibit 2 

Page 291 of 379 

A. CONTRACTOR Responsibilities: The CONTRACTOR shall provide inspections, 

tests and similar quality assurance/quality control services, specified in individual 

Specification Sections and required by governing authorities. 

1. Retesting: When the Work installed by the CONTRACTOR does not 

meet the requirements of the Specifications, as determined by the 

COUNTY’s quality acceptance testing, the CONTRACTOR is responsible 

for retesting costs for all required inspections, tests, or similar services. 

2. Associated Services: The CONTRACTOR shall cooperate with the 

laboratories performing required inspections, tests, and similar services, 

and provide reasonable auxiliary services as requested. The 

CONTRACTOR shall notify the CPM at least 24 hours in advance of 

operations requiring testing by the COUNTY to permit assignment of 

personnel. Auxiliary services required include but are not limited to: 

a. Providing access to the Work and furnishing incidental labor and 

facilities necessary to facilitate inspections and tests. 

b. Taking adequate quantities of representative samples of materials 

that require testing or assisting the laboratories in taking samples. 

c. Providing facilities for storage and curing of test samples, and 

delivery of samples to testing laboratories. 

d. Providing the testing laboratory with preliminary design mix 

proposed for use for materials mixes that require control by the 

testing agency. 

e. Providing security and protection of samples and test equipment 

at the Project site. 

B. Duties of the Testing Laboratory: The independent testing laboratory engaged 

by the COUNTY, CONSULTANT or CONTRACTOR to perform inspections, 

sampling and testing of materials and construction specified in individual 

Specification Sections will cooperate with the CPM, CONSULTANT and 

CONTRACTOR in performance of its duties, and provide qualified personnel to 

perform required inspections and tests. 



1. The COUNTY’s testing laboratory will notify the CPM and CONSULTANT 

promptly of irregularities or deficiencies observed in the Work during 

performance of its services. 

2. All testing laboratories do not have authority to release, revoke, alter or 

enlarge requirements of the Contract Documents, or approve or accept 

any portion of the Work. 

3. All testing laboratories shall not perform any duties install the Work of the 

CONTRACTOR. 

C. Coordination: The CONTRACTOR and each laboratory engaged to perform 

inspections, tests, and similar services shall coordinate the sequence of activities 

to accommodate required services with a minimum of delay. In addition, the 

CONTRACTOR and each laboratory shall coordinate activities to avoid the 

necessity of removing and replacing construction to accommodate inspections 

and tests. 


Exhibit 2 

Page 292 of 379 

1. The CONTRACTOR is responsible for scheduling times for inspections, 

tests taking samples, and similar activities, and shall notify the CPM at 

least 24 hours in advance of testing and sampling activities. 

A. The independent testing laboratory employed by the COUNTY or CONSULTANT 

will submit an original and one (1) copy of the certified written report to the CPM. 

The CPM will provide a copy of the test report to the CONSULTANT and 

CONTRACTOR of each inspection, test or similar service. 

1. The independent testing laboratory shall submit additional copies of each 

written report directly to the governing authority, when the authority so 

directs. 

2. Report Data: Written reports of each inspection, test or similar service 

shall include, but not be limited to: 

a. Date of issue. 

b. Project and title number. 

c. Name, address and telephone number of testing agency. 

d. Dates and locations of samples and tests or inspections. 

e. Names of individuals making the inspection or test. 

f. Designation of the Work and test method. 

g. Identification of product and Specification Section. 

h. Complete inspection or test data. 

i. Test results and interpretations of test results. 

j. Ambient conditions at the time of sample-taking and testing. 

k. Comments or professional opinion as to whether inspected or 

tested Work complies with Contract Documents requirements. 

l. Name and signature of laboratory inspector. 

m. Recommendations on retesting. 



1.06 QUALITY ASSURANCE OF TESTING LABRATORY 

Exhibit 2 

Page 293 of 379 

A. Qualification of Testing Laboratory: The COUNTY or CONTRACTOR will engage 

an inspection and testing laboratory which is prequalified as complying with 

“Recommended Requirements for Independent Laboratory Qualification” by the 

American Council of Independent Laboratories, and which specializes in the types 

of inspections and tests to be performed. The testing laboratory will be accredited 

by a recognized accreditation authority as outlined in ASTM Section 3, and shall 

be authorized by the authorities having jurisdiction to operate in the state of 

Florida. 


(Not Used) 


3.01 GENERAL 

A. The CONTRACTOR shall take corrective action necessary to comply with the 

Contract Documents as the CPM may direct. No change will be made in the 

Guaranteed Maximum Price (GMP) or in the Contract time as a result of 

authorizing a change in methods or equipment under this Section. 

END OF SECTION 01400 - QUALITY CONTROL SERVICES 


DIVISION 1 SPECIFICATIONS - SECTION 01500 TEMPORARY FACILITIES 

Exhibit 2 

Page 294 of 379 


1.01 SUMMARY 

A. This Section specifies requirements for temporary services and facilities, 

including utilities, construction and support facilities, security and protection. 

B. Temporary utilities required include but are not limited to: 

1. Temporary electric power and light. 

2. Temporary telephone service. 

3. Temporary water service 

4. Temporary project identification sign; all others are prohibited. 

C. Temporary support facilities required include but are not limited to: 

1. Sanitary facilities, including drinking water. 

2. Waste disposal services. 

3. Dust control. 

D. Temporary construction and support facilities: 

1. BCAD will provide a Field office for use by the CONTRACTOR during the 

performance of the Work. Additional filed office requirements must be 

approved by the Contract Administrator prior to mobilizing temporary 

facilities. 

E. Security and protection facilities required include but are not limited to: 


1. Barricades, warning signs, lights, 

2. Enclosures and Fencing, 

3. Environmental protection, 

4. Vehicular access, 

5. Parking, 

6. Traffic Regulation, and 

7. Security. 

A. Implementation and Termination Schedule: Submit a schedule indicating 

implementation and termination of each temporary facility or utility not less than 

(fifteen) 15 days of the established date for the commencement of the Work. 

1.03 QUALITY ASSURANCE 

A. Regulations: Comply with industry standards and applicable laws and 

regulations of authorities having jurisdiction, including but not limited to: 

1. Building Code requirements, 

Section 01500 Temporary Facilities Page 89


2. Health and safety regulations, 

3. Utility company regulations, 

4. Police, Fire Department and Rescue Squad rules, and 

5. Environmental protection regulations. 

B. Standards: Comply with NFPA Code 241, "Building Construction and Demolition 

Operations", ANSI-A10 Series standards for "Safety Requirements for 

Construction and Demolition", and NECA Electrical Design Library "Temporary 

Electrical Facilities." 

1. Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and 

Services", prepared jointly by AGC and ASC, for industry 

recommendations. 

C. Inspections: Arrange for authorities having jurisdiction to inspect and test each 

temporary utility before use. Obtain required certifications and permits, and 

provide a copy to the CPM as a precondition of submitting a request for payment 

for the temporary facility. 

1.04 PROJECT CONDITIONS 

A. Temporary Utilities: Prepare a schedule indicating dates for implementation and 

termination of each temporary utility. At the earliest feasible time, when 

acceptable to the COUNTY, change over from use of temporary service to use of 

the permanent service. 

B. Conditions of Use: Keep temporary services and facilities clean and neat in 

appearance. Operate in a safe and efficient manner. Take necessary fire 

prevention measures. Do not overload facilities, or permit them to interfere with 

progress. Do not allow hazardous, dangerous or unsanitary conditions, or public 

nuisances to develop or persist on the site. 



A. Water: Provide potable water approved by local health authorities. 

2.02 EQUIPMENT 

A. Temporary Toilet Units: Provide self-contained’ single occupant toilet units of the 

chemical, aerated recirculation, or combustion type, properly vented and fully 

enclosed with a glass fiber reinforced polyester shell or similar nonabsorbent 

material. 


3.01 TEMPORARY UTILITIES 

A. Temporary electricity 

Exhibit 2 

Page 295 of 379 



1. County will provide Contractor with electricity and the Contractor will 

provide any transformer required to convert the power to the voltage and 

amperage necessary to conduct its Work. County will pay cost of energy 

used. Exercise measures to conserve energy. Utilize County’s existing 

power service. 

2. Provide temporary electric feeder from existing building electrical service 

at location as directed by CPM. Do not disrupt County's use of service. 

3. Complement existing power service capacity and characteristics as 

required for construction operations. 

4. Provide power outlets, with branch wiring and distribution boxes located 

at each floor, as required for construction operations. Provide flexible 

power cords as required for portable construction tools and equipment. 

5. Provide main service disconnect and over-current protection at 

convenient location and feeder switch at source distribution equipment. 

6. Permanent convenience receptacles may be utilized during construction. 

B. Temporary Lighting for construction purposes 

1. Provide and maintain lighting for construction operations to achieve 

minimum lighting level of 2 watt/sq ft. 

2. Provide and maintain 1 watt/sq ft lighting to exterior staging and storage 

areas after dark for security purposes. 

3. Provide branch wiring from power source to distribution boxes with 

lighting conductors, pigtails, and lamps for specified lighting levels. 

4. Maintain lighting and provide routine repairs. 

5. Permanent building lighting may be utilized during construction. 

C. Temporary Water Service 

1. County will pay cost of temporary water. Exercise measures to conserve 

water consumption. Utilize County's existing or new water system, extend 

and supplement with temporary devices as needed to maintain specified 

conditions for construction operations. Contractor will provide all backflow 

prevention devices acceptable to CPM. 

2. Extend branch piping with outlets located so water is available by hoses 

with threaded connections. 

3. CONTRACTOR may utilize existing hose bibs in the Palm Garage and 

terminals for water use on the project. Coordinate with BCAD 

maintenance on connection to the water service lines. Do not connect to 

fire hydrants for water use. 

3.02 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION 

Exhibit 2 

Page 296 of 379 

A. General: Locate field offices, storage sheds, sanitary facilities and other 

temporary construction and support facilities as indicated or as directed by CPM. 

1. Maintain temporary construction and support facilities until near 

Substantial Completion. Remove prior to Substantial Completion. 

Personnel remaining after Substantial Completion will be permitted to use 

BCAD provided facilities, under conditions acceptable to the CPM. 



B. Storage and Fabrication Sheds: Install storage and fabrication sheds, sized, 

furnished and equipped to accommodate materials and equipment involved, 

including temporary utility service. Sheds may be open shelters or fully enclosed 

spaces within the building or elsewhere on the site. Final location is subject to 

CPM’s approval. 

C. Do not use existing facilities for field offices or for storage unless otherwise 

directed by the CPM. Locate office and storage trailers as directed by CPM. 

D. Field Office: Weather tight, with lighting, electrical outlets, heating, cooling and 

ventilating equipment, and equipped with sturdy furniture drawing rack and 

drawing display table. 

E. Locate offices and sheds minimum distance of 30 feet from new structures. 

F. Do not use permanent facilities for field offices unless otherwise directed by the 

CPM. 

G. Construction: Portable or mobile buildings, or buildings constructed with floors 

raised above ground, securely fixed to foundations with steps and landings at 

entrance doors. 

1. Construction: Structurally sound, secure, weather tight enclosures for 

office and storage spaces. Maintain during progress of Work; remove at 

completion of Work. 

2. Temperature Transmission Resistance of Floors, Walls, and Ceilings: 

Compatible with occupancy and storage requirements. 

3. Exterior Materials: Weather resistant, finished in one color acceptable to 

CPM. 

4. Interior Materials in Offices: Sheet type materials for walls and ceilings, 

pre-finished or painted; resilient floors and bases. 

5. Lighting for Offices: 50 footcandles at desk top height, exterior lighting at 

entrance doors 

6. Fire Extinguishers: Appropriate type fire extinguisher at each office and 

each storage area. 

7. Interior Materials in Storage Sheds: As required to provide specified 

conditions for storage of products. 

H. Environmental Control: 

Exhibit 2 

Page 297 of 379 

1. Heating, Cooling, and Ventilating for Offices: Automatic equipment to 

maintain comfort conditions, 68 degrees F (20 degrees C) heating and 76 

degrees F (23 degrees C) cooling. 

2. Storage Spaces: Heating and ventilation as needed to maintain products 

in accordance with Contract Documents; lighting for maintenance and 

inspection of products. 

I. Storage Areas And Sheds: Size to storage requirements for products of 

individual Sections, allowing for access and orderly provision for maintenance 

and for inspection of products to requirements of Section 01600. 



J. Preparation: Fill and grade sites for temporary structures sloped for drainage 

away from buildings. 

K. Employee Residential Occupancy: Not allowed on County's property. 

L. Sanitary Facilities: Sanitary facilities include temporary toilets, wash facilities and 

drinking water fixtures. Comply with regulations and health codes for the type, 

number, location, operation and maintenance of fixtures and facilities. Install 

where facilities will best serve the Project's needs. 

1. Provide toilet tissue, paper towels, paper cups and similar disposable 

materials for each facility. Provide covered waste containers for used 

material. 

M. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of 

pit type privies will not be permitted. 

N. Project Identification/Construction Company Identification Sign: When 

authorized in writing by the CPM, prepare project identification sign of a size 

acceptable to the CPM; install sign where indicated to inform the public and 

persons seeking entrance to the Project. Securely attach, as required, to 

demising wall. Install sign at commencement of demolition operations and 

remove at a time as directed by the CPM. 

1. Size: Two and one-half feet by five feet with four inch radius corners. 

2. Quality Assurance: Engage an experienced sign painter to apply 

graphics. 

3. Location: As directed by the Project Manager. 

4. Graphic Description: Information shall include the names of Broward 

COUNTY Aviation Department, CONTRACTOR, CONSULTANT, Project, 

and the completion date. 

a. Type Style: Helvetica Medium. 

b. Color: Slate Blue PMS 5405 background with white lettering. 

O. Quantity: One sign located at each entrance to construction site and one sign 

located at field office if applicable. 

P. Collection and Disposal of Waste: Collect waste daily. Comply with 

requirements of the COUNTY and NFPA 241 for removal of combustible waste 

material and debris. Enforce requirements strictly. Do not hold materials more 

than 6 days or 2 days when the temperature is expected to rise above 80 

degrees F (27 degrees C). Handle hazardous, dangerous, or unsanitary waste 

materials separately from other waste by containerizing properly. Dispose of 

material in a lawful manner. 

Q. Dust Control: 

Exhibit 2 

Page 298 of 379 

1. Execute Work by methods to minimize raising dust from construction 

operations. 

2. Provide positive means to prevent air-borne dust from dispensing into 



atmosphere. 

3.03 VEHICULAR ACCESS 

A. Construct temporary all-weather access roads from public thoroughfares to serve 

construction area, of width and load bearing capacity to accommodate 

unimpeded traffic for construction purposes. 

B. Construct temporary bridges and culverts to span low areas and allow 

unimpeded drainage. 

C. Extend and relocate vehicular access as Work progress requires, provide 

detours as necessary for unimpeded traffic flow. 

D. Location as approved by CPM. 

E. Provide unimpeded access for emergency vehicles. Maintain 20 ft. wide 

driveways with turning space between and around combustible materials. 

F. Provide and maintain access to fire hydrants and control valves free of 

obstructions. 

G. Provide means of removing mud from vehicle wheels before entering streets. 

H. Use designated existing on-site roads for construction traffic. 

3.04 PARKING 

A. COUNTY may provide on-airport parking in a remote parking lot at no cost. 

Transportation of employees, subcontractors, etc. to and from the remote lot is 

the responsibility of the CONTRACTOR. 

B. Tracked vehicles are not allowed on paved areas. 

Exhibit 2 

Page 299 of 379 

C. Maintain traffic and parking areas in sound condition free of excavated material, 

construction equipment, products and mud. 

D. Maintain existing and permanent paved areas used for construction; promptly 

repair breaks, potholes, low areas, standing water, and other deficiencies, to 

maintain paving and drainage in original, or specified, condition. 

E. Repair existing facilities damaged by use, to original condition. 

F. Mud from Site Vehicles: Provide means of removing mud from vehicle wheels 

before entering streets. 

3.05 SECURITY AND PROTECTION FACILITIES INSTALLATION 

A. Barricades, Warning Signs, cones, flag persons and Lights: Comply with 

standards and code requirements for erection of structurally adequate 



barricades. Paint, as directed by the CPM with appropriate colors, graphics and 

warning signs to inform personnel and the public of the hazard being protected 

against. Where appropriate and needed, provide lighting, including flashing red 

or amber lights, cones and flag persons. 

B. Haul Routes: 

1. Consult with CPM; establish public thoroughfares to be used for haul 

routes and site access. 

2. Confine construction traffic to designated haul routes. 

3. Provide traffic control at critical areas of haul routes to regulate traffic, to 

minimize interference with public traffic. 

C. Traffic Signs: 

1. Provide signs at approaches to site and on site, at crossroads, detours, 

parking areas, and elsewhere as needed to direct and control 

construction traffic and affected public traffic. 

2. Relocate as Work progresses, to maintain effective traffic control. 

D. Environmental Protection: Provide protection, operate temporary facilities and 

conduct construction in ways and by methods that comply with environmental 

regulations, and minimize the possibility that air, waterways and subsoil might be 

contaminated or polluted, or that other undesirable effects might result. Avoid 

use of tools and equipment, which produce harmful noise. Restrict use of noise 

making tools and equipment to hours that will minimize complaints from persons 

near the site. 

E. BARRIERS 

1. Provide barriers to prevent unauthorized entry to construction areas to 

allow for County's use of site and to protect existing facilities and adjacent 

properties from damage from construction operations and demolition. 

2. Provide barricades and covered walkways required by CPM for public 

rights-of-way and for public access to existing buildings. 

3. Provide protection for plants designated to remain. Replace damaged 

plants. 

4. Protect non-owned vehicular traffic, stored materials, site, and structures 

from damage. 

F. ENCLOSURES AND FENCING 

1. Construction: Commercial grade chain link fence with black plastic 

privacy slats and 3 strand barbed wire and extension arm sloped to 45 

degrees or equal as approved by CPM. 

2. Provide fence around construction site as indicated on Construction 

Documents; equip with vehicular and pedestrian gates with locks. 

G. SECURITY 

1. Security Program: 

Exhibit 2 

Page 300 of 379 



a. Protect Work and existing premises and County's operations from 

theft, vandalism, and unauthorized entry. 

b. Initiate program in coordination with County's existing security 

system at project mobilization. 

c. Maintain program throughout construction period until County 

acceptance precludes need for CONTRACTOR security. 

2. Entry Control: 

a. Persons working on AOA must have BCAD identification badge. 

b. Restrict entrance of persons and vehicles into Project site. 

c. Allow entrance only to authorized persons with proper 

identification. 

d. Coordinate access of County's personnel to site in coordination 

with County's security forces. 

3.06 OPERATION, TERMINATION AND REMOVAL 

A. Maintenance: Maintain facilities in good operating condition until removal. 

Protect from damage by the elements. 

B. Termination and Removal: Unless the CPM requests that it be maintained 

longer, remove each temporary facility when the need has ended or no later than 

Substantial Completion. 

1. Materials and facilities that constitute temporary facilities are property of 

the CONTRACTOR. 

END OF SECTION 01500 - TEMPORARY FACILITIES 

Exhibit 2 

Page 301 of 379 



SECTION 01540 CONSTRUCTION SAFETY PLAN AND SECURITY REQUIREMENTS 


1.01 PURPOSE AND OBJECTIVE 

A. The purpose of this plan is to set forth guidelines concerning construction and 

safety on the FORT LAUDERDALE – HOLLYWOOD INTERNATIONAL 

AIRPORT. Described herein are methods, procedures, rules and authorities to 

be adhered to during said construction period. 

B. This Contract is intended to provide for the optimum degree of safety to aircraft, 

both parked and operating; airport personnel, equipment and associated 

facilities; and to the CONTRACTOR’s operations consistent with minimum 

interference to the movement of aircraft, vehicles and/or personnel engaged in 

the day-to-day operation of the Fort Lauderdale-Hollywood International Airport. 

To this end, the CONTRACTOR shall observe all Federal Aviation Advisory 

regulations and airport rules and regulations and all other operational limitations, 

which may be imposed from time to time. He shall provide marking, lighting, 

barricades, signs or other measures which are required to properly identify his 

construction areas, Work sites, equipment, vehicles, storage areas and/or 

conditions which may be hazardous to airport operations. Details of measures to 

be used to insure safety during construction are delineated in this Section, in 

THE CM-AT-RISK CONTRACT (CMR) General Provisions, and on the Drawings. 

C. If the CONTRACTOR fails to maintain the marking, lighting, barricades, signs, 

etc., as required above, the COUNTY will cause appropriate safety measures to 

be installed by others and all cost thereof shall be charged to the CONTRACTOR 

and deducted by the COUNTY from monies due to the CONTRACTOR. 

D. Following are the general safety plan objectives that must be achieved in order to 

maximize safety and to minimize time and economic loss to the aviation 

community, construction contractors and others directly affected by the Project. 

1. Keep the airport operational for all users. 

2. Minimize delays to airport operations. 

3. Maintain safety of airport operations. 

4. Minimize delays to construction operations. 

5. Minimize airport-operation/construction-activity conflicts. 

Exhibit 2 

Page 302 of 379 

E. The CONTRACTOR shall keep these objectives in mind when formulating his 

schedule and operational activities. 

The CONTRACTOR’s responsibility for safety and security shall begin on the day 

when he starts Work or on the date of a Notice to proceed, whichever is earlier, 

and continues until Final Completion and Acceptance of the Work. 

1.02 SAFETY PROCEDURES 

A. In as much each Work area will be accessible to and used by the Public, the 

COUNTY, airlines and other companies doing business at the Airport during the 

Section 01540 Construction Plan and Safety Requirements Page 97

Exhibit 2 

Page 303 of 379 



construction period, it is the CONTRACTOR’s responsibility to maintain each 

Work area in a safe, hazard free condition at all times. This will include 

barricades, fencing, taping up sharp corners or any other precautions necessary 

to protect the Public. Should the COUNTY, CONSULTANT or CPM find the area 

unsafe at any time, he shall notify the CONTRACTOR, and the CONTRACTOR 

shall take whatever steps necessary to remedy the unsafe condition. Should the 

CONTRACTOR not be immediately available for corrective action, the CPM may 

remedy the problem and the CONTRACTOR shall reimburse the COUNTY for 

the expense of such correction 

B. Fire Control: Flame cutting will be permitted only on steel parts that cannot be 

removed in any other manner and only when at least one person is standing by 

exclusively with a fire extinguisher within ten (10) feet of the Work and within full 

view of the area. The fire extinguisher shall have been tested and ready for use. 

The CONTRACTOR shall submit a fire protection plan to the CPM for approval 

prior to conducting the Work requiring said protection plan. A Hot Work Permit 

may be required as directed by the CPM. 

C. Work Near Fire Alarm: Caution shall be exercised as necessary when working 

near fire alarms so as not to accidentally activate fire alarms, doors or barriers. 

D 

Protection of Property: Fixed structures, equipment, paving, landscaping and 

vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding 

and other appropriate measures to assure maximum protection of all property 

and vehicles. 

1.03 GENERAL SAFETY REQUIREMENTS 

A. A construction/safety meeting will be conducted by the CPM after award of the 

Contract and prior to commencing construction. Additional construction/safety 

meetings may be scheduled as deemed necessary by the CPM throughout the 

life of the Contract. Representatives from the CONTRACTOR, CONSULTANT, 

CPM and any others deemed necessary by COUNTY or CPM, will attend. The 

CONTRACTOR shall also conduct Safety/Security meetings as deemed 

necessary by the CPM and three (3) copies of the minutes will be provided to the 

CPM within five (5) calendar days of the meeting. All Contractor and 

Subcontractor supervisors are required to attend. 

B. The CONTRACTOR shall inform his supervisors and workmen of the airport 

activity and operations that are inherent to this airport, the safety regulations of 

the airport and the prohibition of driving or walking on any area of the Air 

Operations Area (AOA) without clearance. The CONTRACTOR shall conduct his 

construction activities to conform to both routine and emergency requirements, in 

full compliance with the Federal Aviation Administration (FAA) Advisory Circulars 

dealing with Safety and Security. The CONTRACTOR shall provide initial and 

continuing instruction to all supervisors, employees, subcontractors and suppliers 

to enable them to conduct their Work in a manner that will provide the maximum 

safety with the least hindrance to air and ground traffic, the general public, airport 

employees and to the workmen employed on the Site. 


Exhibit 2 

Page 304 of 379 



C. Work may be stopped or suspended by the CPM or COUNTY anytime the CPM 

or COUNTY considers that the intent of this Safety Plan is being violated or that 

a hazardous condition has been/was created. This decision to suspend the Work 

will be final and will only be rescinded by the CPM when satisfied that the 

CONTRACTOR has taken action to prevent recurrence. Delays/work stoppage 

as a result of the suspension of the Work will be considered the fault of the 

CONTRACTOR and shall not stop the Contract time for assessing liquidation 

damages. 

D. All Contractor vehicles authorized by BCAD, if any, to operate on the airport 

outside the Construction Area limits as defined herein and cross active runways, 

safety zones, taxiways, instrument or approach clear zones or any movement 

area within the Air Operations Area (AOA) shall do so only under direct control of 

a trained, qualified flagman who is in direct (two-way) radio communication with 

the ground controller of the Traffic Control Tower. All aircraft have priority over 

ground vehicles. 

E. All Contract vehicles, if any, that are authorized to operate on Air Operations 

Area (AOA) or the Airport outside of the designated Construction Area limits or 

haul routes as defined herein, shall display 3-foot by 3-foot flags or larger, orange 

and white checkerboard pattern, each checkerboard color being 1-foot square. 

Vehicles operating in the active Air Operations Area (AOA) shall be under the 

control of the Ground Traffic Control Tower. 

F. If any construction activity within 125-feet of an active runway edge or 83.5-feet 

from an active taxiway edge requires the closure of the affected runway or 

taxiway, unless otherwise approved by the Broward COUNTY Aviation 

Department (BCAD) Operations. No runway, taxiway or apron area shall be 

closed without written approval of BCAD Operations and the CPM. This will 

enable “Notices of Airmen” or other advisory communications to be issued. A 

minimum of 48 hours notice of requested closing shall be directed to the CPM 

who will coordinate the request with BCAD Operations 

1. Debris, waste and loose material capable of causing damage to aircraft 

landing gears, propellers or being ingested in jet engines shall be 

removed from the active portion of the Air Operations Area (AOA), placed 

in protected areas or otherwise secured to prevent dispersal into active 

portions of the AOA. The AOA is defined as all areas used or intended to 

be used for aircraft operations including active runways, aprons, taxiways, 

taxi lanes, etc. Debris shall be promptly removed from the AOA. The 

CONTRACTOR shall exercise care in the transportation of materials 

within the AOA. Materials tracked or spilled in the AOA shall be removed 

immediately. 

2. When hauling, loading, grading, or when any of the CONTRACTOR’s 

activities are likely to cause the deposit of loose materials in the AOA, 

powered vacuum sweepers shall patrol the affected areas continuously to 

remove such deposits. The sweepers shall be supplemented by hand 

sweepers, loaders, truck, etc. as necessary. 

3. Closures: 




a. Prior to the commencement of any demolition or other Work, 

which will cause an interruption, or modification to existing aircraft 

operations, the CONTRACTOR shall confer with and obtain, 

written authorization from the CPM. 

b. If the CONTRACTOR requires access to operational areas not 

delineated on the Construction Safety Plan Drawing(s), the 

CONTRACTOR shall participate in negotiations leading to the 

imposition of restrictions on airport operations in the affected 

areas, he shall strictly abide by all conditions imposed by BCAD 

relating to his entry and use of such area and he shall not enter 

these areas until granted temporary, conditional entry clearance 

BCAD – Operations. 

c. Trenching, excavation and other work requiring temporary runway 

or taxiway closure shall be limited by the CONTRACTOR to that 

amount of work that can be completed within the hours of minimal 

operation. All ditches, excavations, etc. shall be restored prior to 

the end of the Work period and affected pavements returned to 

service. This Work shall be scheduled during hours of minimal 

operations. Hours of minimal operation shall be the hours 

between 10:00 p.m. and 6:00 a.m. All other hours shall be hours 

of normal operation. 

d. The CONTRACTOR may be required to pursue affected portions 

of the Work on a continuous 24-hour per day basis during 

construction of the various phases and subphases shown on the 

Drawings and described in the Contract Documents (such as 

when runways or taxiways, aprons, service or other access 

roadways, service gates are closed for operations or when 

hazards of any kind arise). 

e. The CPM will arrange with BCAD Operations for inspection prior 

to opening for aircraft use any taxiway that has been used for a 

crossing point or haul route by the CONTRACTOR. 

4. Operations Safety Inspection: 

Exhibit 2 

Page 305 of 379 

a. The entire Work Site shall be inspected daily and more frequently 

if construction activities are of a nature that debris may 

accumulate on AOA pavements. Special inspections shall be 

conducted for each Work Area prior to return to service for aircraft 

operation. The purpose of these inspections is to ascertain that 

areas returned to aircraft service are in satisfactory condition and 

that the overall Work Site and its activities are within the safety 

criteria set forth in these Contract Documents. Inspections shall 

be conducted jointly by representatives of the CONTRACTOR, 

BCAD-Operations, the CPM and the airlines. 

b. Any violations of safety criteria found during these inspections 

shall be rectified immediately. If a violation cannot be corrected 

on an immediate basis by the CONTRACTOR, he shall 

immediately notify the CPM. No areas shall be approved for 

operations with violations occurring unless specifically authorized 

by BCAD-Operations, the CPM and the designated airline 




representative. 

G. Open flame torch cutting or welding is prohibited unless adequate safety 

precautions have been taken and approved by the CPM. Use of explosively 

operated fastening devices within the confines of the Airport is strictly prohibited. 

H. The CONTRACTOR shall preserve and/or protect existing and new pavements 

plus other facilities from damage due to construction operations. Existing 

pavements and facilities that are damaged shall be replaced or reconstructed to 

original strength at the CONTRACTOR’s expense. The CONTRACTOR shall 

take immediate action to reconstruct any damaged area that is to remain in 

service. Unless indicated on the Drawings, existing pavements shall not be cut 

for the installation of any utilities. Jack and bore method shall be required. 

I. CONSTRUCTION AREA LIMITS: 

Exhibit 2 

Page 306 of 379 

1. FAA Advisory Circular 150/5370-2C, Appendix 1, prohibits construction 

activity within 125-feet of an active runway (open for aircraft use) edge or 

within the Obstacle Free Zone 150/5370-2C further restricts construction 

activity within 83.5-feet of the edge of the taxiway (48.5-feet of the 

shoulder edge) when the aircraft using the taxiway includes aircraft such 

as the B-747. The activity limits shall be adequately signed and marked 

by the CONTRACTOR to preclude violation of this restriction. The area 

shall be well identified by warning signs and lights at night. The 

CONTRACTOR shall install lighting, marking, barricades, signs and other 

measures to delineate closed and hazardous area during construction. 

The guidance and procedures provided by FAA Advisory Circular AC 

150/5340-1E, “Marking of Paved Areas on Airports”, shall be utilized as 

depicted on the Drawings. Barricades shall be weighted or otherwise 

secured to sufficiently prevent displacement by aircraft engine and 

propeller blast and ambient winds. Steady burning red obstruction lights 

may be required in certain instances to supplement lighted barricades or 

highlight hazardous or potentially dangerous objects. The location of 

these lights will be as depicted on the Drawings or requested in the field 

by the CPM. Obstruction lights and barricades shall not be located within 

runway, taxiway or taxi lane obstacle clearance areas. 

2. The limits of construction, material storage area, plant site, equipment 

storage area, parking area and other areas defined as required for the 

CONTRACTOR’s exclusive use during construction shall be marked by 

the CONTRACTOR. The CONTRACTOR may erect and maintain around 

the perimeter of these areas suitable marking and warning devices visible 

for day/night use. Temporary fencing, barricades, flagging and/or flashing 

warning lights will be required at critical access points. Type of marking 

and warning devices shall be approved by CPM. Open trenches, 

excavations and stockpiled materials shall be permanently marked with 

flags and lighted by approved light units during hours of reduced visibility 

and darkness. No separate pay item is included for this Work and all 

costs must be included in the Lump Sum Bid. 

J. As designated on the Drawings, the CONTRACTOR shall erect and maintain 




throughout the life of the Contract. The CONTRACTOR shall also install vehicle 

and pedestrian gates as necessary to provide adequate ingress/egress. The 

CONTRACTOR shall be solely responsible for access control through any 

access gate leading to the Aircraft Operations Area (AOA). This access control 

will be for all personnel using the gate for access to the AOA. The 

CONTRACTOR is solely responsible for all security within the Construction Area 

from the date of the Notice to Proceed until the date of Final Completion. 

Equipment not in use during construction, nights and/or holidays shall be parked 

here. The CONTRACTOR shall at all times conduct all operations under the 

Contract in a manner to avoid or minimize the risk of loss, theft or damage by 

vandalism, sabotage or the means to any property. The CONTRACTOR shall 

promptly take all reasonable precautions, which are necessary and adequate to 

correct all conditions, which threaten a risk of loss, theft or damage to property. 

K. During construction, the CONTRACTOR shall maintain these areas in neat 

condition. CONTRACTOR’s vehicles, equipment and materials shall be stored in 

the areas designated on the Drawings. Upon completion of the Work, the 

staging and storing areas shall be cleaned-up and returned to their original 

condition to the satisfaction of the CPM. Remove all construction fencing and 

barricades from the Project Site. No special payment will be made for clean-up 

and restoration of the storage area. Personal vehicles shall not be permitted 

beyond the CONTRACTOR’s Construction Area. Drivers of personal vehicles 

being operated beyond this CONTRACTOR’s Construction Area shall be subject 

to loss of permission to enter the construction site. 

L. INTERMITTENT CONSTRUCTION OPERATIONS: 

Exhibit 2 

Page 307 of 379 

1. Heavy construction will require closing of certain areas by the CPM. 

However, some Work may be done on an intermittent basis. The 

CONTRACTOR shall maintain constant communication with the CPM 

when working and immediately obey all instructions from the CPM. 

Failure to so obey instructions or maintain constant communication with 

the CPM will cause to suspend the CONTRACTOR’s operations in the 

areas until satisfactory conditions are assured. 

2. When directed to cease Work and move from the area, the 

CONTRACTOR shall immediately respond and move all material, 

equipment and personnel outside areas. Operations shall not be 

resumed until directed by the CPM. Every reasonable effort will be made 

by the CPM or the CONSULTANT to cause minimum disturbance to the 

CONTRACTOR’s operations. However, no guarantee can be made as to 

the extent to which disturbance can be avoided. CONTRACTOR’s claim 

for additional Contract Time for any such disruption shall not be accepted. 

3. Open trenches or excavations exceeding 3-inches in depth and 3-inches 

in width shall not be permitted within 250 feet of the centerline of an 

active runway or within 100 feet of the centerline of active taxiways and 

taxi lanes unless otherwise shown on the Drawings. If an area is to be 

opened to aircraft movement, either at night or during the day, the 

CONTRACTOR shall decrease the drop off to 3-inches by placing five 

percent (5%) maximum slope to existing grade. There is no separate 

payment for this temporary construction. 


Exhibit 2 

Page 308 of 379 



M. LIMITATION OF OPERATIONS: 

1. When the Work requires the CONTRACTOR to operate on or adjacent to 

the public area of the Terminal Building the operation shall be coordinated 

with BCAD through the CPM at least 48 hours prior to commencement of 

the Work. At no time shall the CONTRACTOR close a Public Area until 

authorization to do so has been granted by the CPM. 

2. When the Contract Work requires the CONTRACTOR to operate on or 

adjacent to the apron or taxiway AOA, the operation shall be coordinated 

with BCAD-Operations through the CPM, at least 48-hours prior to 

commencement of the Work. At no time shall the CONTRACTOR close 

an Air Operation Area (AOA) until authorization to do so has been 

granted by the CPM and until temporary marking and associated lighting 

is provided and in place as specified in FAA Advisory Circular 150/5340- 

1E, “Marking of Pave Area on Airports” and/or the Drawings and 


3. The CONTRACTOR shall be responsible for controlling his operations 

and those of his subcontractors so as to provide for the free and 

unobstructed movement of all passengers and private vehicles in the 

Airport. 

4. The CONTRACTOR shall be responsible for controlling his operations 

and those of his subcontractors so as to provide for the free and 

unobstructed movement of aircraft in the apron and taxiway areas of the 

Airport Operations Area (AOA). 

5. When the Contract Work requires the CONTRACTOR to work with an Air 

Operations Area (AOA) of the Airport on an intermittent basis (intermittent 

opening and closing of the AOA), the CONTRACTOR shall maintain 

constant communication; immediately obey all instructions to resume 

Work in such AOA. Failure to maintain the specified communications or 

to obey instructions shall be cause for suspension of the 

CONTRACTOR’s operations in the AOA until the satisfactory conditions 

are provided. 

N. OBSTRUCTIONS TO NAVIGATION: 

1. Penetrations of the imaginary surfaces defined in FAR Part 77 shall not 

be permitted without advance notification of and approval by BCAD- 

Operations and the FAA Tower Chief. It may be necessary to file Form 

7460-1 with the FAA to obtain approval prior to operation of exceptionally 

tall equipment. This includes any penetrations whatsoever by the 

CONTRACTOR, including, but not limited to, vehicles, cranes, other 

construction equipment, structures, stockpiled materials, excavated earth, 

etc. 

2. When penetrations are unavoidable they shall be brought to the attention 

of BCAD-Operations, the CPM and the FAA as far in advance as is 

practical to allow Notices to Airmen (NOTAMS) to be prepared and 

distributed to appropriate FAA divisions for publication and dissemination. 

3. Appropriate sketches shall be prepared by the CONTRACTOR with 

precise locations shown on the Airport Layout Plan along with elevations 




depicting the obstruction object’s relationship to the imaginary surfaces. 

4. Cranes, draglines, derricks, or other unusually tall equipment operating 

on the airport shall be in direct radio communication with the control 

tower. To effect this communication, the CONTRACTOR shall provide 

two-way radios capable of communication on ground control frequency. 

Operators of such construction equipment shall be qualified and 

knowledgeable in the use of radio equipment and capable of following 

instructions in a timely fashion. 

5. The maximum height allowed on the airport is 35 feet above ground level 

unless, in special instances, this requirement is waived by BCAD- 

Operations and the FAA. During times when the safety of the flight 

operations could be impaired, particularly during IFR weather, or when 

the equipment is idle, all booms, towers and other moveable appendages 

shall be lowered to the maximum extent. 

O. EMERGENCY PROCEDURES: 

1. The CONTRACTOR shall familiarize himself with Airport emergency 

procedures and shall endeavor to conduct his operations so as not to 

conflict with them. Clear routes for crash/fire/rescue equipment shall be 

maintained in operable condition at all times. 

2. Emergency Procedure: In case of an emergency caused by accident, 

fire, or personal injury or illness, Airport Police are to be immediately 

notified by Page Phone found throughout the Terminal buildings or by 

calling them at 911 or Airport Police Emergency Phone No. 954-359- 

1244. The caller must accurately report the location and type of 

emergency. Airport Police will then coordinate with the CPM and the 

COUNTY and/or outside emergency agencies as necessary. 

P. ACCESS TO THE CONSTRUCTION SITE 

Exhibit 2 

Page 309 of 379 

1. The CONTRACTOR’s access to the site shall be as shown on the 

Drawings. The access route is also used by airport employees. No other 

access routes shall be allowed unless approved by the CPM. The vertical 

clearance in the existing parking garage is 6’-8”. No vehicle taller than 6’- 

8” shall be allowed to operate in the existing parking garage structure. All 

CONTRACTOR traffic authorized to enter the site shall be experienced in 

the route or guided by the CONTRACTOR’s personnel. The 

CONTRACTOR shall be responsible for traffic control to and from the 

various construction areas on the site. 

2. The CONTRACTOR shall familiarize his employees with the route. 

Materials and equipment delivery trucks shall be accompanied by an 

employee of the CONTRACTOR familiar with the route. The 

CONTRACTOR shall be responsible for access control for the duration of 

his Contract. This access control will be for all personnel. 

3. The CONTRACTOR shall monitor and coordinate all CONTRACTOR 

traffic with the BCAD’s security. The CONTRACTOR shall not permit any 

unauthorized construction personnel or traffic on the site, including food 

and beverage vendors or caterers. 

4. The CONTRACTOR shall provide and operate an escort vehicle to lead 




other vehicles when operating within the site. 

5. The CONTRACTOR is responsible for immediate clean-up of any debris 

deposited along the access route as a result of his construction traffic. 

The entire access route and construction site shall be kept free and clean 

of all debris at all times and maintained in good repair by the 

CONTRACTOR or his gents, and shall be immediately repaired to the 

satisfaction of the COUNTY. Directional signing along the delivery route 

to the storage area or Work site shall be as directed by the CPM. 

Q. LOAD RESTRICTION: 

1. The CONTRACTOR shall comply with all legal load restrictions in the 

hauling of materials on public roads beyond the limits of Work. A special 

permit will not relieve the CONTRACTOR of liability for damage that may 

result from the moving of material or equipment. 

2. The operation of equipment of such weight or so loaded as to cause 

damage to structures or to any other type of construction shall not be 

permitted. Hauling of materials over the base course or surface course 

under construction shall be limited as directed. No loads shall be 

permitted on a concrete pavement base, or structure before the curing 

period. The CONTRACTOR shall be responsible for all damage done by 

his hauling equipment and shall correct such damage at his own 

expense. 

3. It is especially noted that the existing airport pavements may not be 

capable of supporting certain types of construction equipment. Prior to 

bidding, the CONTRACTOR shall fully satisfy himself as to the ability of 

the existing airport pavements to satisfactorily sustain the type of 

equipment he plans to use. Should damage occur as a result of negligent 

construction operations, the CONTRACTOR shall repair the damaged 

areas to an acceptable condition at his expense. 

R. CONTRACTOR’S SECURITY REQUIREMENTS: 

Exhibit 2 

Page 310 of 379 

1. General Intent: It is intended that the CONTRACTOR shall comply with 

all requirements of the airport security plan and with the security plan 

specified here within. The CONTRACTOR shall designate, to the CPM, 

in writing, the name of his CONTRACTOR Security Officer (CSO). The 

CSO shall be the CONTRACTOR’s representative on the “Construction 

Security Committee” and shall be accountable for these security 

requirements for the CONTRACTOR. 

2. CONTRACTOR Safety Personnel orientation: The CONTRACTOR’s 

Safety Officer (CSO) will be responsible for all safety precautions. Prior 

to the commencement of the Work, the CSO shall provide the CPM an 

outline of a proposed accident and fire protection plan for all Work 

contemplated under the Contract and conduct safety meetings as 

directed by the CPM for each shift and require the attendance of all 

supervisors at such meetings. Copies of the minutes of the safety 

meetings shall be kept on file in the CONTRACTOR’s Office. 

3. Identification – Vehicles: The CONTRACTOR, through the Contract 

Security Officer, shall establish and maintain a list of CONTRACTOR and 


Exhibit 2 

Page 311 of 379 



Subcontractor vehicles authorized to operate on the site and shall issue a 

permit to each vehicle to be made available upon demand by the CPM or 

any Airport Security Officer. Vehicle permits shall be assigned in a 

manner to assure positive identification of the vehicle at all times. In lieu 

of issuing individual vehicle permits, the CSO can require each vehicle to 

display a large company sign on both sides of the vehicle and advise the 

COUNTY through the CPM of a current list of companies authorized to 

enter and conduct Work on the Airport. 

4. EMPLOYEE PARKING: 

a. Area for parking of the CONTRACTOR’s employee’s vehicles is in 

the CONTRACTOR’s Construction Area as provided by the CPM. 

Parking shall be accomplished in straight equally spaced rows. 

CONTRACTOR shall organize traffic flow and parking patterns, 

supply traffic control signs and markings, subject to the approval 

of the CPM. The CONTRACTOR shall maintain the parking 

surface and pick up trash daily. No storage will be allowed on the 

parking site. The CONTRACTOR shall restore the shape and 

grade of this parking area upon the job completion, see and mulch 

portions where existing ground cover is damaged and perform all 

Work required to restore the area to its original condition. 

b. All vehicles that are parked in the CONTRACTOR’s Construction 

Area shall have an identification sticker as directed by the CPM. 

Stickers shall be supplied by the CONTRACTOR and state the 

project number and CONTRACTOR’s name. Vehicles shall be 

parked so that identification stickers are visible from the parking 

lot driving lanes at all times. The CONTRACTOR shall provide 

transportation for his employees from the parking area to the Work 

site using company owned vehicles. 

c. When the CONTRACTOR’s employees parking area is adjacent 

to another CONTRACTOR’s parking area performing other 

construction for the COUNTY, cooperation between Contractors is 

required to avoid any interferences in the performance of each 

others respective construction. Any difficulties experienced shall 

be brought to the attention of the CPM immediately. 

5. Materials Delivery to the Site: All Contractor’s material orders for delivery 

to the Work site will use as a delivery address, the street name and 

number assigned to the access point onto the airport. 

6. Security Background verification, fingerprinting and identification badging 

is required for all work conducted in Security Identification Display Areas 

(SIDA). The prime contractor is responsible for managing, obtaining and 

complying with all TSA and Airport security and badging requirements for 

their own firm as well as all of their subcontractors on their team. The 

prime contractor and all subcontractors are responsible for all costs 

associated with complying with the terms and conditions of all security 

requirement including but not limited to any fines levied (including against 

BCAD) due to non compliance with SIDA or Airport Security rules. 


(Not Used) 


Exhibit 2 

Page 312 of 379 



Part 3 – EXECUTION 

(Not Used) 

END OF SECTION 01540 

CONSTRUCTION SAFETY PLAN AND SECURITY EQUIREMENTS 

Attachments: 

HOT WORK PERMIT 




HOT WORK PERMIT 

Hot Work Permit for ______________________________________ (Name of Project) 

Date____________ Time____________ 

Area____________ Dept____________ 

Location of work________________________________________________________ 

Work to be done________________________________________________________ 

Special precautions _____________________________________________________ 

Is fire watch required ___________________________________________________ 

If yes, Person responsible for fire watch______________________________________ 

Person responsible for welding_____________________________________________ 

This location will be examined, and the necessary precautions taken. 

(By supervisor of Company performing the welding) 

Time started____________ Time Completed____________ 

Fire checks must be performed and signed AFTER HOT WORK IS COMPLETED. 

30 minute By_________________________ 

(Permit Holder) 

1-2 hour By__________________________ 

(Permit Holder/Designee) 

INITIAL CHECK TO BE FILLED OUT PRIOR TO START OF JOB 

Equipment to be used in good repair 

Area (3 meters) clear of combustibles and flammables 

Fire extinguisher(s) 

Water hose 

Not within 8 meters of explosives 

Not within a smoking area 

Area to be wetted down 

All wall and floor openings covered 

Equipment cleaned of all combustibles and flammables 

Containers purged of flammable vapors 

Combustibles and flammable liquids protected with covers, guards, or metal shields 

Area secured/guarded 

No work is to be performed without checklist being completed and complied with 

Completed by____________________________ 

(Permit Holder) 

Time_______________ Date________________ 

Permission is granted for this work after the INITIAL CHECK is completed and signed by 

the Permit Holder, CPM, and the CMR. 

Program Manager ________________________ 

Time_______________ Date________________ 

Exhibit 2 

Page 313 of 379 

Managing General Contractor_________________________ 

Time_______________ Date_________________ 

All costs incurred as a result of the issuance of the Hot Work Permit shall be borne by 

the permit holder. 

This form must be submitted 24 hours prior to commencement of the work. 


Exhibit 2 

Page 314 of 379 





SECTION 01545 UTILITIES 

Exhibit 2 

Page 315 of 379 



A. Existing facilities, utilities, and features depicted on the Drawings are not 

guaranteed to be accurate with respect to location, condition, and characteristics. 

Also, there may be additional facilities, utilities, and features existing that could 

affect the Work, which are not depicted or described in the Contract Documents. 

B. Prior to Bidding, the CONTRACTOR shall make a thorough investigation of the 

Project area to satisfy himself as to the location, condition, and characteristics of 

any and all facilities, utilities, and features which may affect his Work. 

C. The CONTRACTOR hereby agrees to make no claims against the COUNTY, 

CPM or the CONSULTANT and/or their representatives relating to the existence 

or lack of, location, condition, and/or characteristics of any existing facilities, 

utilities, or features that is shown on the construction plans provided. 

D. The CONTRACTOR shall not install any restrictive device, including but not 

limited to mud plugs, in any storm drain line or structure without written approval 

from the CPM. A CPM Representative must be present during the installation 

and removal of any restrictive device. Damage caused by flooding as the result 

of a restrictive device shall be repaired and/or replaced by the CONTRACTOR to 

satisfactory conditions acceptable to the CPM at no additional cost to the 

COUNTY. 

1.02 PROTECTION OF EXISTING UTILITIES 

A. The term “utilities” includes FAA power and control cables, FP&L Power Lines, 

Telephone cables, lines and fiberoptics, Sheriff’s Department Lines, airline 

communication cables, airfield lighting cables, COUNTY underground electrical, 

revenue control, communications lines, cables, and fiber optics, water lines, 

drainage lines, irrigation lines, HVAC equipment, sanitary force main, sanitary 

lines, and fuel and gas lines and any other supportive utility facility. These 

utilities may be located in the areas of demolition and construction. Disruption of 

these utilities could seriously disrupt operation of the Airport. Although the 

Drawings tend to located cables and utilities, actual locations are uncertain. The 

CONTRACTOR is required to verify all locations, in accordance with Florida 

Statute 556.101-111, “Underground Facility Damage Prevention and Safety Act”. 

The CONTRACTOR shall call Sunshine State One-Call of Florida, Inc. at 1-800- 

432-4770 and the CPM prior to any and all digging operations. 

B. Any intentional interruption of existing utilities for the purpose of carrying out the 

Work shall be carried out in a manner to minimize the length of scope of the 

interruption. Before any such interruption, the CONTRACTOR shall give a 

minimum of 48 hours written notice to the CPM. 

Section 01545 Utilities Page 110



Exhibit 2 

Page 316 of 379 

C. The COUNTY reserves the right to authorize the construction, reconstruction, or 

maintenance of any public or private utility service at any time during the 

progress of the Work. 

D. Except as listed in the Contract Documents, the CONTRACTOR shall not permit 

any individual, firm, or corporation to excavate or otherwise disturb such utility 

services or FAA facilities located within the limits of the Work without the written 

permission of the CPM. 

E. Should the COUNTY, public or private utility service, FAA, or NOAA facilities or a 

utility service of another government agency be authorized to construct, 

reconstruct, or maintain such utility service during the progress of the Work, the 

CONTRACTOR shall cooperate with such utility service facility by arranging and 

performing the Work in this Contract so as to facilitate such work by others. In 

addition, the CONTRACTOR shall control his operations to prevent the 

unscheduled interruption of such utility services, FAA facility and other facilities. 

It is understood and agreed that the CONTRACTOR shall not be entitled to make 

any claim due to such authorized construction by others or for any delay to the 

Work resulting from such authorized construction, The CONTRACTOR shall 

coordinate all Work with all utility services, FAA facility, or other facility. 

F. To the extent that such public or private utility services, FAA or NOAA facilities, 

or utility services of another governmental agency are known to exist within the 

limits of the Contract Work, the approximate locations have been indicated on the 

Drawings. 

G. It is understood and agreed that the COUNTY does not guarantee the accuracy 

or the completeness of the location information relating to existing utility services, 

FAA facilities or structures that may be shown on the Drawings or encountered in 

the Work. Any inaccuracy or omission in such information will not relieve the 

CONTRACTOR of his responsibility to protect such existing features indicated to 

remain, from damage or unscheduled interruption of service. 

H. Failure of the CONTRACTOR to properly coordinate in advance, Work and/or 

repairs on or near existing utilities, shall be cause for the CPM to suspend the 

CONTRACTOR’s operations in the vicinity of such utilities. 

I. If damage occurs to any utilities as a result of negligence by the CONTRACTOR 

or SUBCONTRACTOR, the CONTRACTOR will be assessed a fee of $2,000 

liquidated damages per cut per cable, line or strand. The liquidated damages 

assessed will only represent the expense incurred by the COUNTY in 

coordinating the repair, and will not prevent the COUNTY or others from 

recovering from the CONTRACTOR other costs, damages, or expenses of any 

other nature incurred on account of damages to utilities. 

J. Should the CONTRACTOR damage or interrupt the operation of a utility service 

or FAA facility by accident or otherwise, he shall immediately notify the proper 

utility service or FAA facility and the CPM and shall take all reasonable measures 




Exhibit 2 

Page 317 of 379 

to prevent further damage or interruption of service. The CONTRACTOR, in 

such events, shall cooperate with the utility service or FAA facility and the CPM 

continuously until such damage has been repaired and service restored to the 

satisfaction of the utility service or FAA facility. 

K. The CONTRACTOR shall immediately repair, at his own expense, with identical 

material by skilled workmen, all utilities, FAA cables and other facilities, which 

are damaged by his workmen, equipment, or Work. Prior approval of the 

appropriate utility service and/or FAA facility shall be obtained from the CPM for 

the materials, workmen, time of day or night, method of repairs, and any 

temporary or permanent repairs the CONTRACTOR may propose to any FAA 

cables or utility service damaged by the CONTRACTOR during the course of the 

Work. 

L. The Airport's publicly owned facilities and privately owned facilities located on 

Airport property, including underground cables, pavements, piping, buildings, 

turfed areas, vehicles, and other facilities and improvements, that are damaged 

by the CONTRACTOR, shall, at the election of the CPM, be replaced or repaired 

by the CONTRACTOR to the satisfaction of the CPM at the CONTRACTOR’s 

expense. If said repairs do not commence within five calendar days of written 

notice by the CPM, the COUNTY may proceed with the repair work and charge 

the CONTRACTOR for all costs or withhold payment to CONTRACTOR for said 

repairs. Approval of the repair vests with the entity with jurisdiction over the 

facility. 


(Not Used) 


(Not Used) 

END OF SECTION- UTILITIES 



SECTION 01560 PREVENTION, CONTORL AND ABATEMENT 

OF EROSION AND WATER POLLUTION CONTROL 

Exhibit 2 

Page 318 of 379 



A. Includes requirements for prevention, control and abatement of erosion situation 

and water pollution resulting from the construction of the Project until Final 

Completion and Acceptance. 

B. All applicable provisions of local codes concerning grading, filling, excavation, 

and soil removal shall be complied with. 

1.02 PERMITS 

A. It shall be the responsibility of the CONTRACTOR to obtain all Federal, State, and 

local permits and to conduct his Work in the manner designated by all applicable 

permits. Violations of any permit by the CONTRACTOR will in no way involve the 

COUNTY regardless of who obtained the permit initially. 

1.03 ECOLOGICAL REQUIREMENTS 

A. Take sufficient precautions to prevent pollution of streams, canals, lakes, 

reservoirs and other water impoundments with fuels, oils, bitumens, calcium 

chloride or other harmful materials. Also, conduct and schedule operations so as 

to avoid interference with movement of migratory fish. No residue from dust 

collectors or washers shall be dumped into any live stream. 

B. Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals 

and other water impoundments shall be restricted to those areas where it is 

necessary to perform filling or excavation to accomplish the Work shown in the 

plans and to those areas which must be entered to construct temporary or 

permanent structures. As soon as conditions permit, rivers, stream, and 

impoundments shall be properly cleared of all obstructions placed therein or 

caused by construction operations. 

C. Except as necessary for construction, and approved by the CPM, excavated 

material shall not be deposited in rivers, streams, canals or impoundments, or in 

a position close enough thereto to be washed away by high water or runoff. 

D. Do not disturb lands or waters outside the limits of construction except as may be 

found necessary and authorized by the CPM. 

1.04 SCHEDULING/COORDINATION 

A. Clearing and grubbing shall be scheduled and performed that grading operations 

can follow immediately thereafter; grading operations shall be so scheduled and 

performed that permanent erosion control features can follow immediately 

thereafter if conditions on the project permit. 

Section 01560 Prevention, Control and Abatement Page 113 

of Erosion and Water Pollution Control


SECTION 01560 PREVENTION, CONTORL AND ABATEMENT 

OF EROSION AND WATER POLLUTION CONTROL 

Exhibit 2 

Page 319 of 379 

B. Schedule operations such that the area of unprotected erodible earth 

exposed at any one time is not larger than the minimum area necessary for 

efficient construction operations; and the duration of exposed, 

uncompleted construction to the elements shall be as short as practicable. 

1.05 PROTECTION OF STORM DRAINS 

A. Storm drain facilities, both open and closed conduit, serving the construction 

area shall be protected from pollutants and contaminants. 

B. If the CPM determines that siltation of drainage facilities has resulted due to the 

project, the CPM will advise the CONTRACTOR to remove and properly dispose 

of the deposited materials without an increase to the GMP. 

C. Should the CONTRACTOR fail to or elect not to remove the deposits, the 

COUNTY will provide maintenance cleaning as necessary and charge all 

costs of such service against the amount of money due or to become due 

the CONTRACTOR. 

1.06 PREVENTION, CONTROL AND ABATEMENT REQUIREMENTS 

A. Provide, install, construct and maintain all coverings, mulching, sodding, 

sandbagging, berms, slope drains, hay and straw bales, sedimentation structures 

or other devices necessary to meet City, State and Federal regulatory agency 

codes, rules and laws, and as indicated on the Drawings. 

B. The locations and methods of operation in all detention areas, borrow pits, 

material supply pits and disposal areas furnished by the CONTRACTOR shall 

meet the approval of the CPM as being such that erosion during and after 

completion of the Work will not likely result in detrimental siltation of water 

pollution. 

C. The CPM may limit the surface areas of unprotected erodible earth exposed by 

clearing and grubbing, excavation or filling operations and may direct the 

CONTRACTOR to provide immediate erosion or pollution control measures to 

prevent siltation or contamination of any river, stream, lake, tidal waters, 

reservoir, canal or other impoundment or to prevent damage to the Project or 

property outside the project right of way. 



(Not Used) 

(Not Used) 

END OF SECTION 01560 - PREVENTION, CONTROL AND ABATEMENT OF EROSION AND 

WATER POLLUTION 

Section 01560 Prevention, Control and Abatement Page 114 

of Erosion and Water Pollution Control


SECTION 01561 CONSTRUCTION CLEANING 

Exhibit 2 

Page 320 of 379 



A. CONTRACTOR shall enforce daily cleaning during progress of Work and enforce 

final cleanup prior to Substantial Completion. 

B. Hazards Control: 

1. Store volatile wastes in covered metal containers. 

2. Remove containers from premises daily. 

3. Prevent accumulation of wastes that create hazardous conditions. 

4. Provide adequate ventilation during use of volatile or noxious substances. 

C. Conduct cleaning and disposal operations to comply with local ordinances and 

anti-pollution laws: 



1. Do not burn or bury rubbish or waste materials on Project Site. 

2. Do not dispose of volatile wastes, such as mineral spirits, oil, or paint 

thinner in storm or sanitary drains. 

3. Transport waste materials and debris across airport property in covered 

trucks. 

A. Use cleaning materials recommended by manufacturer or surface to be cleaned 

which will not create hazards to health or property and which will not damage 

surfaces. 

B. See Technical Specifications for specific products. 


3.01 CLEANING DURING CONSTRUCTION 

A. Enforce cleaning to keep building, grounds, and public properties free of 

accumulation of waste materials, rubbish, and windblown debris resulting from 

construction operations. 

B. Have protective covering applied on newly installed Work where reasonable 

required to ensure freedom from damage or deterioration at time of Substantial 

Completion. Enforce cleaning and maintenance on other newly installed Work as 

frequently as necessary through remainder of construction period. 

C. Have operable components adjusted and lubricated to ensure operability without 

damaging effects. 

Section 01561 Construction Cleaning Page 115


SECTION 01561 CONSTRUCTION CLEANING 

Exhibit 2 

Page 321 of 379 

D. Furnish on-site containers for collection of waste materials, debris, and rubbish. 

E. Remove waste material, debris, and rubbish from Site daily. 

F. Do not drop or throw materials from heights. 

G. Continue enforcing cleaning daily until site is ready for occupancy. 

3.02 DUST CONTROL 

A. Wet down materials and rubbish to prevent blowing dust on a regular basis as 

required by the CPM. 

B. Schedule cleaning operations so that dust and other contaminants resulting from 

cleaning process will not fall on wet, newly painted surfaces. 

3.03 FINAL CLEANING 

A. Provide final cleaning of the Work at time indicated, consisting of cleaning each 

surface or unit of Work to “clean” condition expected for a first-class building and 

maintenance program. Comply with manufacturer’s instructions for cleaning 

operations. The following are examples, but not by way of limitation, of cleaning 

levels required: 

1. Remove labels which are not required as permanent labels. 

2. Clean exposed exterior hard-surfaced finishes, to dirt-free condition, free 

of dust, stains, films, and similar noticeable distracting substances. 

3. Restore effective surface to original reflective condition. 

4. Remove debris and surface dust from limited access spaces including 

roofs, plenums, shafts, trenches, equipment vaults, manholes, and similar 

spaces. 

5. Broom clean concrete floors in non-occupied spaces. 

6. Clean light fixtures and lamps to function with full efficiency. 

7. Clean Project Site, including landscape development areas, of litter and 

foreign substances. 

8. Sweep paved areas to broom-clean condition: remove stains, petrochemical 

spills, and other foreign deposits. 

9. Rake grounds that are neither planted nor paved, to smooth, eventextured 

surface. 

B. Remove waste materials from Site daily and dispose of in a lawful manner. 

C. Removal of protection: 

1. Remove temporary protection devices and facilities that were installed 

during course of the Work to protect previous completed Work during 

remainder of construction period. 

END OF SECTION 01561 - CONSTRUCTION CLEANING 

Section 01561 Construction Cleaning Page 116


SECTION 01600 MATERIALS AND EQUIPMENT 

Exhibit 2 

Page 322 of 379 


1.01 PRODUCTS 

A. Products: Means new material, machinery, components, equipment, fixtures, and 

systems forming the Work. It does not include machinery and equipment used 

for preparation, fabrication, conveying and erection of the Work. Products may 

also include existing materials or components required for reuse. 

B. Provide interchangeable components of the same manufacturer, for similar 

components. 

C. Only approved material will be accepted. Nonconforming materials shall be 

replaced without an increase to the GMP. 

1.02 TRANSPORTATION AND HANDLING 

A. Transport and handle Products in accordance with manufacturer’s instructions. 

B. Promptly inspect shipments to assure that Products comply with requirements, 

quantities are correct, and Products are undamaged. 

C. Provide equipment and personnel to handle Products by methods to prevent 

soiling, disfigurement, or damage. 

1.03 STORAGE AND PROTECTION 

A. Store and protect Products in accordance with manufacturer’s instructions, with 

seals and labels intact and legible. Store sensitive Products in weather-tight, 

climate controlled enclosures. 

B. For exterior storage of fabricated Products, place on sloped supports, above 

ground. 

C. Provide off-site storage and protection when site does not permit on-site storage 

or protection. 

D. Cover Products subject to deterioration with impervious sheet covering. Provide 

ventilation to avoid condensation. 

E. Store loose granular materials on solid flat surfaces in a well-drained area. 

Prevent mixing with foreign matter. 

F. Provide equipment and personnel to store Products by methods to prevent 

soiling, disfigurement, or damage. 

Section 01600 Materials and Equipment Page 117


SECTION 01600 MATERIALS AND EQUIPMENT 

Exhibit 2 

Page 323 of 379 

G. Arrange storage of Products to permit access for inspection. Periodically inspect 

to assure Products are undamaged and are maintained under specified 

conditions. 

1.04 SUBSTITUTION AND PRODUCT OPTIONS 

A. In accordance with the provisions of Section 01630. 



(Not Used) 

(Not Used) 

END OF SECTION 01600 - MATERIAL AND EQUIPMENT 

Section 01600 Materials and Equipment Page 118


SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS 

Exhibit 2 

Page 324 of 379 


1.01 OPTIONS 

A. Products Specified by Reference Standards, or by Description Only: Any product 

meeting those standards. 

B. Products Specified by Naming One or more Manufacturers with a Provision for 

Substitutions: Submit a request for substitution for any manufacturer not 

specifically named. 

C. Products Specified by Naming Several Manufacturers: Products of named 

manufacturers meeting specifications; no options, no substitutions. 

D. Products specified by Standard of Comparison: Products of named 

manufacturer; submit a request for substitution for any manufacturers not 

specifically named meeting specifications. 

1.02 PRODUCTS LIST 

A. Within fourteen (14) calendar days after each subcontract agreement is signed, 

the, submit three (3) copies of a list of major products not specifically identified in 

the Contract Documents, which are proposed for use, including name of 

manufacturer, trade name, and model number of each product. 

B. Tabulate products by Specifications section number, title, and Article number. 

C. For products specified only by reference standards, give manufacturer, trade 

name, model or catalog designation, and reference standards. 

D. CPM or CONSULTANT will reply in writing within 15 days stating whether there 

is reasonable objection to listed items. Failure to object to a listed item shall not 

constitute a waiver of requirements of Contract Documents. 

1.03 LIMITATIONS ON SUBSTITUTIONS 

A. Requests for substitutions of products will be considered within four (4) weeks 

after date of contract award. Subsequent requests will only be considered upon 

submittal of substantiated evidence of product unavailability, or that there is 

some unreasonable difficulty in obtaining it. 

B. Substitutions will not be considered when indicated on shop drawings or product 

data submittals without separate formal request, when requested directly by 

subcontractor or supplier, or when acceptance will require substantial revision of 


C. Substitute products shall not be ordered or installed without written acceptance. 

Section 01630 Substitutions and Product Options Page 119



Exhibit 2 

Page 325 of 379 

D. Only one (1) request for substitution for each product will be considered. When 

substitution is not accepted, provide specified product. 

E. Substitution requests will be approved by the CPM and CONSULTANT. 

1.04 REQUESTS FOR SUBSTITUTIONS 

A. Submit separate request for each substitution. Document each request with 

complete data substantiating compliance of proposed substitution with 

requirements of Contract Documents. 

B. Identify product by Specifications section and Article numbers. Provide 

manufacturer’s name and address, trade name of product, and model or catalog 

number. List fabricators and suppliers as appropriate. 

C. Attach product data as specified in Section 01340. 

D. List similar projects using product, dates of installation, and names of CPM and 

CONSULTANT. 

E. Give itemized comparison of proposed substitution with specified product, listing 

variations, and reference to Specifications section and Article numbers. 

F. Give itemized comparison of proposed substitution and the specified product. 

G. Give cost data comparing proposed substitution with specified product, and 

amount of net change to Contract Sum. 

H 

List availability of maintenance services and replacement materials. 

I. State effects of substitution on construction schedule, and changes required in 

other work or products. 

1.05 CONTRACTOR REPRESENTATION 

A. Request for substitution constitutes a representation that the CONTRACTOR has 

investigated proposed product and has determined that it is equal to or superior 

in all respects to specified product. 

B. Contractor will provide the same warranty for substitution as for specified 

product. 

C. Contractor will coordinate installation of accepted substitute, making such 

changes as may be required for Work to be complete in all respects. 

D. Contractor certifies that cost data presented is complete and includes all related 

costs under this Contract. 




Exhibit 2 

Page 326 of 379 

E. Contractor waives claims for additional costs related to substitution, which may 

later become apparent. 

1.06 SUBMITTAL PROCEDURES 

A. Submit three (3) copies of request for substitution. 

B. CPM and CONSULTANT will review Contractor’s requests for substitutions with 

reasonable promptness. 

C. For accepted products, submit shop drawings, product data, and samples under 

provisions of Section 01340. 



(Not Used) 

(Not Used) 

END OF SECTION 01630 - SUBSTITUTIONS AND PRODUCT OPTIONS 




Exhibit 2 

Page 327 of 379 

GENERAL CONTRACTOR’S SUBSTITUTION REQUEST FORM 

To: 

Project: 

(CPM) Corporation 

Terminal 4 FIS/ATO Expansion Phase 1B 

We hereby submit for your consideration the following product instead of the specified item for 

the above project: 

Section: Paragraph: Specified Item: 

Proposed Substitution: 

Attach complete technical data, including laboratory tests, if applicable. Include complete 

information on changes to Drawings and/or Specifications, which proposed substitution will 

require for its proper installation. 

Fill in Blanks Below: 

A. Does the substitution affect dimensions shown on Drawings: 

B. Will the undersigned pay for changes to the building design, including engineering 

and detailing costs caused by the requested substitution: 

C. What affect does substitution have on other trades: 

D. Differences between proposed substitution and specified item: 

E. Manufacturer’s guarantees of the proposed and specified items are 

[___] Same 

[___] Different (explain on attachment) 

F. This substitution will amount in a credit to the CPM of : 

G. Reasons for substitution: 

(FORM CONTINUED ON NEXT PAGE) 

The undersigned states that the function, appearance and quality are equal to or 

superior than the specified item. 




Exhibit 2 

Page 328 of 379 

Submitted by: 

For Use By CPM or Consultant 

Firm 

[___] Accepted 

[___] Accepted As Noted 

[___] Not Accepted [___]Received Too Late 

Address 

By: 

Date: 

Remarks: 

Date: 

Telephone: 

END OF FORM 


Exhibit 2 

Page 329 of 379 


1.01 STARTING SYSTEMS 

A. Coordinate schedule for start-up of various equipment and systems. 

B. Notify COUNTY and Commissioning Agent seven (7) days prior to start-up of 

each item. 

C. Verify that each piece of equipment or system has been checked for proper 

lubrication, drive rotation, belt tension, control sequence, or other conditions, 

which may cause damage. 

D. Verify that tests, meter readings, and specified electrical characteristics agree 

with those required by the equipment or system manufacturer. 

E. Verify wiring and support components for equipment are complete and tested. 

F. Execute start-up under supervision of responsible CONTRACTOR’s personnel 

and CPM in accordance with manufacturers’ instructions and commissioning 

plan. 

G. When specified in individual specification sections, require manufacturer to 

provide an authorized representative to be present at site to inspect, check and 

approve equipment or system installation prior to start-up, and to supervise 

placing equipment or system in operation. 

H. Submit a written report in accordance with Section 01400 that equipment or 

system has been properly installed, inspected, and is functioning correctly. 

1.02 DEMONSTRATION AND INSTRUCTIONS 

A. Demonstrate operation and maintenance of Products to CPM and COUNTY 

MAINTENANCE 14 calendar days prior to the date of Substantial Completion. 

B. Demonstrate Project equipment and provide instruction by a qualified 

representative who is knowledgeable about the Project. 

C. For equipment or systems requiring seasonal operation, perform demonstration 

for other season within six (6) months. 

D. Utilize operation and maintenance manuals as basis for instruction. Review 

contents of manual with Project Manager in detail to explain all aspects of 

operation and maintenance. 

E. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, 

maintenance, and shutdown of each item of equipment at agreed-upon times, at 

equipment location.

Exhibit 2 

Page 330 of 379 

1.03 TESTING, ADJUSTING, AND BALANCING 

A. CONTRACTOR will appoint, employ, and pay for services of an independent firm 

to perform testing, adjusting and balancing. 

B. The independent firm will perform services specified in Division1 and Technical 


C. Reports will be submitted by the independent firm to the CPM and 

CONSULTANT indicating observations and results of tests and indicating 

compliance or non-compliance with specified requirements and with the 

requirements and with the requirements of the Contract Documents. 



(Not Used) 

(Not Used) 

END OF SECTION 01650 - STARTING AND TESTING OF SYSTE

Exhibit 2 

Page 331 of 379 


Badging Requirements 

& Ramp Driving Privileges 

at 

Fort Lauderdale – Hollywood 

International Airport (FLL) 

5-1-10 Revision 

Director of Security

Badging Requirements and Ramp Driving Privileges 

Exhibit 2 

Page 332 of 379 


Table of Contents 

Page 

Sensitive Security Information Warning 2 

Privacy Act Notice 3 

Badging Office Hours of Operation 4 

Application for Fingerprint –Criminal History Record Check Form 5 

Application for Security Identification Display Area Badge Form 6 

List of Acceptable Documents for Security Threat Assessment (STA) 7 

Social Security Information for Purposes of Unescorted Access Form 8 

Required Personal Information for FLL Security Badge Form 9 

Disqualifying Crimes Certification Form 10 

Escort Authority and Visitor Badge Program Form 11 

Consent to Search Ordinance 2002-15 12 

Consent to Inspection/Search Form 13 

Security Identification Display Area (SIDA) Awareness and 

14 

Identification (ID) Class Schedules 

Ramp Driving Class Schedule 15 

Ramp Driving Sign In Format 16 

5-1-10 Revision Page 1


Exhibit 2 

Page 333 of 379 

Procedures for 

Unescorted Access Privileges 

Fort Lauderdale-Hollywood International Airport (FLL) 

WARNING: 

After execution, some documents in this package contain sensitive 

security information which is controlled under 49 CFR Part 1542 

(Airport Security) and 49 CFR Part 1520 (Protection of Sensitive 

Security Information). This material may not be released without 

written permission. 

For authorization procedures you may contact the Broward County 

Aviation Department‟s Badge Office at 954-359-1217. 

Unauthorized release of any sensitive security material may result in 

civil penalty, or other action, by the Airport Operator and/or the 

Transportation Security Administration. 

Director of Security 

Operations Division of the 




Exhibit 2 

Page 334 of 379 

Privacy Act Notice 

Authority: 

Purpose: 

Routine Uses: 

Disclosure: 

49 U.S.C. Title 114, 44936 authorizes the collection of this information. 

The Department of Homeland Security (DHS) will use the biographical 

information to conduct a Security Threat Assessment (STA) and will 

forward any fingerprint information to the Federal Bureau of Investigation 

to conduct a Criminal History Records Check (CHRC) of individuals who 

are applying for, or who hold, an airport-issued identification media or who 

are applying to become a Trusted Agent of the airport operator. DHS will 

also transmit the fingerprints for enrollment into the US-VISIT‟s automated 

Biometrics Identification System (IDENT). If you provide your Social 

Security Number (SSN), DHS may provide your name and SSN to the 

Social Security Administration (SSA) to compare that information against 

SSA records to ensure the validity of your name and SSN. 

This information may be shared with third parties during the course of an 

STA, employment investigation, or adjudication of a waiver or appeal 

request to the extent necessary to obtain information pertinent to the 

assessment, investigation, or adjudication of your application or in 

accordance with the routine uses identified in the Transportation Security 

Threat Assessment System (T-STAS), DHS/TSA 002. 

Furnishing this information (including your SSN) is voluntary; however, if 

you do not provide your SSN or any other information requested, DHS 

may be unable to complete your application for identification media. 



Exhibit 2 

Page 335 of 379 

BADGING OFFICE – Hours of Operations 

LOCATION: 

Southside of the Hibiscus Parking Garage 

(Near the “blue” elevator core and 

outside of the parking facility) 

TELEPHONE: 954-359-1217 

FAX: 954-359-1219 

OFFICE HOURS: 

Open: 

Monday, Tuesday, Wednesday and Friday 

8:30 AM – 4:30 PM 

Thursday 

9:00 AM – 4:30 PM 

Closed: 

Saturdays and Sundays 

Broward County Holidays 

FINGERPRINT HOURS: 

Monday-Friday 

9:30 AM – 11:30 AM 

1:00 PM – 3:30 PM 

Note: fingerprinting is on a “first come, first served” basis so you 

need to sign in upon arrival. 



Exhibit 2 

Page 336 of 379 

FINGERPRINT APPLICATION FOR CRIMINAL HISTORY RECORD CHECK 

Sponsor 

Company: ________________________________________ 

Contracted 

Company:________________________________________ 

Company Address: 

________________________________________________ 

________________________________________________ 

Employee‟s Full Name: 

________________________________________________ 

(First) (Middle) (Last) 

Aliases and Nicknames (including maiden name, previously 

married names, etc., if applicable): 

________________________________________________ 

________________________________________________ 

________________________________________________ 

Date of 

Birth:____________________________________________ 

Eye Color:_____________ 

Hair Color:________________ 

Height:_________________ Weight: __________________ 

______________________ 

Gender 

_______________________ 

Race 

______________________________________________________ 

Country of Citizenship 

______________________________________________________ 

Place of Birth 

______________________________________________________ 

Current Home Address 

______________________________________________________ 

City 

______________________________________________________ 

State 

Zip Code 

______________________________________________________ 

Employee Signature: (see affidavit below) 

The information I have provided is true, complete, and correct 

to the best of my knowledge and belief and is provided in good 

faith. I understand that a knowing and willful false statement 

can be punished by fine or imprisonment or both (Section 1001 

of Title 18 of the United States Code). 

______________________________________________________ 

Authorized Signatory Signature 

Date of Application: ________________________________ 

AFFIDAVIT: This applicant acknowledges that the Transportation Security Administration (TSA) has determined that 

a withheld adjudication, whether through a guilty plea or a plea of nolo contendre (no contest), constitutes a 

conviction for the purpose of unescorted access to the AOA (49 CFR Part 1542). I also accept that upon receipt of a 

directive from the TSA or a modification to the regulation, my unescorted access to the secure area of the Airport 

may be denied or revoked. 

_______________________________________________________________________________________________________________ 

BILLING (allowable only to companies authorized by BCAD Finance Department) 

___________________________________________ 

Authorized Signatory Signature for Billing 

Date 

________________________________ 

Fingerprint Fee: Electronic Submission $27.00 

Ink-Rolled Hard Card $31.00 

Payment Method: Cash $ __________ 

Check $ __________ 

No.________ 

Billing $ __________ 

BCAD USE ONLY: Initials of Trusted Agent _________ Fingerprint Date ___________Transaction #__________ 



Exhibit 2 

Page 337 of 379 

APPLICATION FOR IDENTIFICATION CARD OR SECURITY BADGE TRANSACTION 

Sponsor 

Company: __________________________________________________ 

Contracted 

Company: __________________________________________________ 

Employee Full Name: 

__________________________________________________________ 

(First) (Middle) (Last) 

Job Title:___________________________________________________ 

Original FLL Badge or ID _____ 

Replacement for: Renewal ______ Damaged ______ Lost ______ 

Name Change ______ Add Customs ______ Add Escort ______ 

BADGE TYPE: (check one only) 

___ SIDA 

Concourse Tenants: ____ Gate 100 & Employee Access SIDA 

____ Concourse & Ramp Access 

Date of Birth:________________________________________________ 

Employment Date:___________________________________________ 

___ Sterile Concourse 

___ General Aviation 

___ Government 

____ ID Card (Only For Concourse Access) 

____ LEO ____ CLEO (with TSA approval) 

Employee Signature: 

__________________________________________________________ 

EMPLOYEE AFFIDAVIT: 

The information I have provided is true, complete, and correct to the 

best of my knowledge and belief and is provided in good faith. I 

understand that a knowing and willful false statement can be 

punished by fine or imprisonment or both (Section 1001 of Title 18 of 

the United States Code). 

___ Construction 

Requested Expiration Date: ______________________________________ 

(i.e. contract completion date; INS work authorization; etc.) 

Signature: 

_____________________________________________________________ 

Authorized Signatory Signature 

Date 

Note: If the employee does not obtain their badge within 30 days from the 

date of this application, a new application, and possibly a new Criminal 

History Records Check, will be required. 

AFFIDAVIT: This applicant acknowledges that the Transportation Security Administration (TSA) has determined that a withheld 

adjudication, whether through a guilty plea or a plea of nolo contendre (no contest), constitutes a conviction for the purpose of 

unescorted access to the AOA (49 CFR Part 1542). I also accept that upon receipt of a directive from the TSA or a modification to the 

regulation, my unescorted access to the secure area of the Airport may be denied or revoked. 

BILLING (allowable only to companies authorized by BCAD Finance Department)) 

______________________________________________________________ 

Authorized Signatory Signature for Billing 

___________________________________________ 

Date 

ID PROCESSING: Original Badge……………..…… ……..….….….....$15.00 Payment: Cash $_____________ 

Renewal or Replacement (old badge returned).…$15.00 

Transportation Security Clearinghouse (STA)…… $6.00 Check $_________ No.__________ 

Lost / Stolen………………………...........................$50.00 

Unreturned Badge ……... ……....…..…… ..……. $100.00 Billing $_____________ 

Trusted Agent Accountability: 

Intake Initials: 

__________________ Date: ______________ 

Data Entry Initials: ________________ Date: ______________ COLOR: __________________ BADGE #:__________________ 

Badge Issuer Initials: ______________ Date: ______________ 

Released By: ___________________ Received By: ________________________________________ 

Date: ______________________ 

WARNING: This record contains Sensitive Security Information that is controlled under 49 CFR Parts 15 and 1520. No part of this record 

may be disclosed to persons without a “need to know”, as defined in 49 CFR Parts 15 and 1520, except with the written permission of the 

Administrator of the Transportation Security Administration or the Secretary of Transportation. Unauthorized release may result in civil 

penalty or other action. For U.S. government agencies, public disclosure is governed by 5 U.S.C. 552 and 49 CFR Parts 15 and 1520. 



Exhibit 2 

Page 338 of 379 

LIST OF ACCEPTABLE DOCUMENTS FOR SECURITY THREAT ASSESSMENT (STA) 

(All documents must be unexpired) 

LIST A LIST B LIST C____________________ 

Documents that Establish Documents that Establish Documents that Establish 

Both Identity and Identity Employment Authorization 

Employment Authorization 

OR 

AND 

U.S. Passport or U.S Passport Card 

Permanent Resident Card or Alien 

Registration Receipt Card (Form I-551) 

Foreign passport that contains a 

temporary I-551 stamp or temporary I-551 

printed notation on a machine-readable 

immigrant visa 

Employment Authorization Document that 

contains a photograph (Form I-766) 

Driver‟s license or ID card issued by a 

state or outlying possession of the United 

States provided it contains a photograph 

or information such as name, date of birth, 

gender, height, eye color and address 

ID card issued by federal, state or local 

government agencies or entities, provided 

it contains a photograph or information 

such as name, date of birth, gender, 

height, eye color and address 

School ID card with a photograph 

Voter‟s registration card 

Social Security Account Number card 

other than one that specifies on the 

face that the issuance of the card 

does not authorize employment in the 

United States 

Certification of Birth Abroad issued by 

the Department of State (Form FS- 

545) 

Certification of Report of Birth issued 

by the Department of State (Form DS- 

1350) 

Original or certified copy of birth 

certificate issued by a State, county, 

municipal authority, or territory of the 

United States bearing an official seal 

U. S. Military card or draft record Native American tribal document 

In the case of a nonimmigrant alien 

authorized to work for a specific employer 

incident to status, a foreign passport with 

Form I-94 or Form I-94A bearing the same 

name as the passport and containing an 

endorsement of the alien‟s non-immigrant 

status, as long as the period of 

endorsement has not yet expired and the 

proposed employment is not in conflict 

with any restriction or limitations identified 

on the form 

Military dependent‟s ID card 

U.S. Coast Guard Merchant Mariner Card 

Native American tribal document 

Driver‟s license issued by a Canadian 

government authority 

U.S. Citizen ID Card (Form I-197) 

Identification Card for Use of Resident 

Citizen in the United States (Form I- 

179) 

Passport from the Federated States of 

Micronesia (FSM) or the Republic of the 

Marshall Islands (RMI) with Form I-94 or 

Form I-94A indicating nonimmigrant 

admission under the Compact of Free 

Association Between the United States 

and the FSM or RMI 

For persons under age 18 who are 

unable to present a document listed 

above: 

Employment authorization document 

issued by the Department of 

Homeland Security 

School record or report card 

Clinic, doctor or hospital record 

Day-care or nursery school record (USJIS 8/7/09) 



Exhibit 2 

Page 339 of 379 

SOCIAL SECURITY INFORMATION 

FOR PURPOSES OF UNESCORTED ACCESS IN STERILE AND SECURE AREAS 

FULL Name: _______________________________________________________ 

(print first, middle, last) 

Company Name: ____________________________________________________ 

Social Security Number: ______________________________________________ 

(all nine numbers) 

I authorize the Social Security Administration to release my Social Security Number and 

full name to the Transportation Security Administration, Office of Transportation, Office of 

Transportation Threat Assessment and Credentialing (TTAC), Attention: Aviation Programs 

(TSA-19)/Aviation Worker Program, 601 South 12 th Street, Arlington, VA 20598. 

I am the individual to whom the information applies and want this information released to verify 

that my SSN is correct. I know that if I make any representation that I know is false to obtain 

information from Social Security records, I could be punished by a fine or imprisonment or 

both. 

I refuse to submit my Social Security Number and understand that doing so may delay 

or prevent completion of a Security Threat Assessment which is required for me to obtain an 

airport ID/access media according to federal regulations. 

Signature: ___________________________________ Date: ______________________ 



Exhibit 2 

Page 340 of 379 

REQUIRED PERSONAL INFORMATION FOR FLL SECURITY BADGE 

PRINT ALL INFORMATION EXCEPT SIGNATURE LINE! 

Last Name ______________________________________________________________ 

First Name ______________________________________________________________ 

Middle Name ____________________________________________________________ 

Other Names Used: _______________________________________________________ 

Sponsor Company ________________________________________________________ 

Contracted Company ______________________________________________________ 

Job Title ________________________________________________________________ 

Current Home Mailing Address ______________________________________________ 

City ____________________________________________ State ___________________ 

Country _________________________________________ Zip ____________________ 

Daytime Telephone Number (_______) ________________________________________ 

Date of Birth __________________________ Gender: Male _______ 

Female _______ 

Hair Color ___________ Eye Color __________ Height __________ Weight __________ 

Country of Birth ___________________ Country of Citizenship _____________________ 

If not a U.S. citizen, provide one of the following unexpired documents to the Security Office: 

⁭ Alien Registration 

⁭ I-94 Arrival/Departure 

⁭ Non-Immigration Visa Control 

If a U.S. citizen born abroad or naturalized, provide one of the following unexpired documents 

to the Security Office: 

⁭ U S Passport: 

⁭ Certificate of Naturalization 

⁭ Certificate of U. S. Citizenship 

⁭ Certification of Birth Abroad 

⁭ Certification of Report of Birth 

⁭ Consular Report of Birth Abroad 

Signature ______________________________________ 

Date ___________________ 

BCAD Trusted Agent Only: Documents Verified by ________________ Date ____________________ 



Exhibit 2 

Page 341 of 379 

Disqualifying Crimes Certification 

BY SIGNING BELOW, I CERTIFY THAT I HAVE NOT, DURING THE PAST 10 YEARS, BEEN CONVICTED OR FOUND 

NOT GUILTY BY REASON OF INSANITY FOR ANY OF THE FOLLOWING CRIMES: 

Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 

Interference with air navigation; 

Improper transportation of a hazardous material; 

Aircraft piracy; 

Interference with flight crew members or flight attendants; 

Commission of certain crimes aboard aircraft in flight; 

Carrying a weapon or explosive aboard aircraft; 

Conveying false information and threats; 

Aircraft piracy outside the special aircraft jurisdiction of the United States; 

Lighting violations involving transporting controlled substances; 

Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security 

requirements; 

Destruction of an aircraft or aircraft facility; 

Murder; 

Assault with intent to murder; 

Espionage; 

Sedition; 

Kidnapping or hostage taking; 

Treason; 

Rape or aggravated sexual abuse; 

Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; 

Extortion; 

Armed or felony unarmed robbery; 

Distribution of or intent to distribute, a controlled substance; 

Felony arson; 

A felony involving a threat; 

A felony involving: 

willful destruction of property; 

importation or manufacture of a controlled substance; 

burglary; 

theft; 

dishonesty, fraud, or misrepresentation; 

possession or distribution of stolen property; 

aggravated assault; 

bribery; or 

illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year; 

Violence at international airports; or 

Conspiracy or attempt to commit any of the aforementioned criminal acts 

I, the APPLICANT, by signing below, do hereby certify that the information I have provided on this application is true, 

complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and 

willful false statement on this application can be punished by fine or imprisonment or both (section 1001 of Title 18 United 

States Code). I acknowledge that the Transportation Security Administration (TSA) has determined that a withheld 

adjudication (court did not pronounce guilt or innocence), whether through a guilty plea or a plea of nolo contendere 

(no contest), constitutes a conviction for the purpose of unescorted access to the AOA (49 CFR Part 1542). I also 

accept that upon receipt of a directive from the TSA or a modification to the regulation, my unescorted access to the 

secure area of the Airport may be denied or revoked. 

I am also aware that under Federal regulation 49 CFR Part 1542.209, I am required to disclose to the Airport within 24 

hours of being convicted of any disqualifying criminal offense that occurs while I possess unescorted access 

privilege. I acknowledge that I may receive a copy of my criminal record received from the FBI if I request it in writing to the 

Airport, and, if I have any questions concerning my criminal history record check, I may contact the Airport Security 

Coordinator. 

Applicant Name - PRINT: 

___________________________________________________________________________________________________ 

Applicant Signature: 

__________________________________________________________________Date:_____________________________ 



Exhibit 2 

Page 342 of 379 

ESCORT AUTHORITY & VISITOR BADGE PROGRAM 

Escort Definition The Escort Program applies to all areas within the perimeter of this Airport. 

Employees authorized by their company to act as an escort for personnel who do not have unescorted 

privileges: 

Must have been employed for at least three (3) months at FLL Airport or have held a SIDA 

badge at another U.S. airport for the past three (3) months; and 

Must be fluent in the English language; and 

Must not have committed any escort violations at FLL in the past twelve (12) months 

Visitor Definition The Visitor Badge Program is only for the Terminal Airport Operations Area (a 

Security Identification Display Area). Individuals authorized a Visitor Badge to perform a service: 

Must not have an FLL-issued badge. 

Must be conducting business with or for an airport user (i.e.; equipment maintenance, contract 

service, class/seminar, interview, flight crew member not in uniform, etc.). 

Must be at FLL on a temporary basis. 

Must remain under escort at all times while in secure areas. 

Issue Procedures If a Visitor Badge is lost, the user or escort must immediately notify the BCAD 

Communication Center (954-359-1201). A penalty of $50 is to be paid by the user prior to return of the 

collateral. 

A thorough entry must be made in the Visitor Badge Log. 

Photo identification, preferably a valid driver‟s license, should be presented. When BCAD 

issues a Visitor Badge they will hold the ID as collateral until the assigned Visitor Badge is 

returned. If possible, tenants are encouraged to do the same. 

Visitor Badges signed out from BCAD, including Gate 100, must be returned on a daily basis. If 

a tenant chooses to issue a Visitor Badge for more than one day they must enter an „end‟ date 

in the log when the Visitor Badge is assigned. 

Escort Procedures It is the responsibility of the escort to: 

Receive and maintain an Escort Authority designator on the FLL badge 

Accompany the visitor/s at all times 

Escort only as many visitors as may be properly controlled 

Be able to see the visitor/s at all times 

Make sure the visitor/s can hear any instructions given to them 

Only let the visitor go where the escort is allowed access 

Escort Affidavit: I, the undersigned, acknowledge and understand my responsibilities as a FLL badge holder who 

is being allowed Escort Authority privileges. I am aware that any deviations to the aforementioned requirements 

will result in a BCAD Notice of Violation or Citation, and that I may be subjected to a TSA Civil Penalty pursuant to 

49 CFR Part 1542 – Airport Security. I also accept that my Escort Authority privileges may be denied or revoked 

by either my employer or BCAD at any time. 

Employee Name (printed) _______________________________________Date _________________ 

Employee‟s Signature ________________________________________________________________ 

Employee‟s Company________________________________________________________________ 

Company‟s Authorized Signatory _______________________________________________________ 



Exhibit 2 

Page 343 of 379 

Sec. 2-39. 

Airport Security at Fort Lauderdale-Hollywood International Airport: 

(c) Consent to Search and/or Inspection of Motor Vehicle. Any motor vehicle and the 

contents thereof when on, entering, or exiting the AOA, or other restricted Airport area, shall be subject 

to search and/or inspection by an authorized law enforcement officer or designated Department 

employee for the purpose of determining ownership of such vehicle and the contents thereof, and for 

examining the documentation relating thereto. The operation or use of such motor vehicle by any 

person when on, entering, or exiting the AOA, or other restricted Airport area, shall constitute the 

consent of the owner, operator and/or user of such vehicle to the aforesaid search and/or inspection. 

Inspections relating to U.S. Customs bonded cargo and customs seals shall be subject to the rules and 

regulations of the United States Customs Service. 

(d) Consent to Searches and/or Inspections of Persons and Property. No person shall enter 

the AOA, or other restricted Airport area, except: (1) persons who have current, valid Security 

Identification Media, or (2) persons with a Department approved escort, or (3) persons issued a 

temporary permit pursuant to Section 2-25(a), Broward County Code of Ordinances, or (4) employees 

of federal, state, or local governmental bodies then having official business thereon and bearing proper 

identification. No person on the AOA, or entering or attempting to enter, exiting or attempting to exit the 

AOA, or other restricted Airport area, shall refuse to produce for search and/or inspection at the request 

of an authorized law enforcement officer or designated Department employee, Security Identification 

Media and the contents of any vehicle, bag, case, parcel, box or container of any kind in his/her 

possession. Where the entry into or departure from the AOA or attempt thereof is by means of a motor 

vehicle, no person shall refuse to produce for inspection, upon request of an authorized law 

enforcement officer or designated Department employee, a driver‟s license, Security Identification 

Media, or both. No person shall refuse to produce at the request of an authorized law enforcement 

officer or designated Department employee any document in his/her possession relating to the 

ownership or possession of cargo or freight when on, entering, or exiting the AOA, or any restricted 

Airport area. Request by any person to enter or exit the AOA, or other restricted Airport area, shall 

constitute the consent of such person to the aforesaid search and/or inspection. 

(e) 

Weapons. 

(1) Unless duly authorized by law, no person, other than federal, state, or local law 

enforcement officers on duty shall carry or transport any weapon on the Airport in a 

manner contrary to governing law. 

(2) No person shall discharge any gun on the Airport, except in the performance of official 

duties requiring the discharge thereof, or in the lawful defense of life or property. 

(3) No person shall furnish, give, sell or trade any weapon or simulated weapon on 

the Airport unless authorized under appropriate lease with or permit issued by 

the County. 

(f) Enforcement. Law enforcement officers assigned to the Airport by the Broward Sheriff‟s 

Office and such other Department employees designated by the Department shall be responsible for 

enforcement of this Section 2-39. 

Ordinance Number: 2002-15, Effective May 20, 2002 



Exhibit 2 

Page 344 of 379 

CONSENT TO INSPECTION/SEARCH 

Pursuant to 49 Code of Federal Regulations - Part 1542 

I, the undersigned, hereby acknowledge and understand that should my duties 

as an employee of any company conducting business at the Fort Lauderdale- 

Hollywood International Airport (Airport) require that I access the Airport 

Operations Area (AOA) (the secure area of the Airport regulated pursuant to 49 

Code of Federal Regulations - Part 1542, and the federally-approved Airport 

Security Program), I will be subject to being inspected and/or searched, and that 

any vehicle, bag, box, parcel, etc., in my possession may also be subject to such 

inspection and/or search at any time that I am entering and or exiting the AOA, 

as well as when I may be on the AOA. 

By execution of this Consent to Inspection/Search form, I voluntarily consent, as 

a condition to entering, exiting, or being in the AOA, to such inspection and/or 

search. 

I hereby acknowledge receipt of a copy of the policies regarding inspections 

and/or searches and agree to comply with same. 

PRINT Name: 

__________________________________________________ 

Signature: 

__________________________________________________ 

Date: 

___________________________________________________ 



Exhibit 2 

Page 345 of 379 

SIDA, AWARENESS, & ID CLASS SCHEDULES 

(class schedules subject to change – call to verify current schedule) 

Registration: 

Employees must enroll for a class prior to attending. 

Original badges: Fingerprint and Badge Applications, plus related paperwork, must be brought to the 

Badging Office at the time of fingerprinting. Upon notification, the employee may 

contact the Badging Office (954-359-1217) to schedule an appointment for a class. 

Renewal badges: Employees may renew their badge up to 30 days prior to expiration of their existing 

badge. 

SIDA Classes: 

Monday – Friday.………………………....….8:30 a.m., 11 a.m., 1:30 p.m., & 5:00 p.m. 

Wednesdays………………………………….................7:00 p.m. (in addition to above) 

Saturday & Sunday……………………...…………………….………………….8:30 a.m. 

Tuesday & Thursday the 3 rd full week of every month…….....………………..3:00 a.m. 

Awareness & IDs: Tuesday, Wednesday & Thursday…………………………..…………………7:30 a.m. 

Attendance: 

ID: 

Classes begin on time. Entry will not be granted to anyone arriving late. Please plan 

on arriving early enough to present identification and register. Bring pen or pencil for 

taking notes. 

For entry into all classes, attendees must present valid photo identification (your FLL 

badge is not considered valid ID for entry into a class). 

Class Location: All Security Classes are held at the Badging Office which is located on the south side 

of the Hibiscus Parking Garage (near the “blue” elevator core) and outside of the 

parking facility. 

Issuance: 

Employees may obtain their badge or ID after they have completed a Security class 

or ID Presentation, and bring their Certificate of Completion or Attendance to the 

Badging Office during business hours. 

Office Hours: Monday through Wednesday and Friday the Badging Office is open 8:30 a.m. to 4:30 

p.m. On Thursday the Badging Office is open from 9:00 a.m. to 4:30 p.m. The 

Badging Office is closed on holidays recognized by Broward County and designated 

furlough days. 

Fingerprinting: 

Employees do not need an appointment to be fingerprinted. Fingerprinting is only 

conducted from 9:30 a.m. to 11:30 a.m. and from 1:00 p.m. to 3:30 p.m. on regular 

business days. 

Customs Seals: Customs Seals are only authorized by Customs & Border Protection (CBP) and are 

imprinted onto the employee‟s badge. In order to have continuous Customs area 

access, employees must re- apply for their seal with CBP at least 30 days prior to 

expiration of their existing badge. Please contact FLL CBP at 954-634-1932 for 

further information. 



Exhibit 2 

Page 346 of 379 

RAMP DRIVING CLASS SCHEDULE 

(class schedules subject to change – call to verify current schedule) 

Registration: 

Ramp Classes: 

Employees must be pre-registered for the Non Movement and Movement Area Ramp Driving 

Classes by sending employee driver‟s license information to: fllrampdriving@broward.org 

Only the designated authorized signature personnel of a company can submit the required 

driver‟s license and class information. BCAD will NOT accept email sent from individual 

employees. 

Please advise if ADA assistance is necessary. 

Non-movement Area Monday thru Friday 10:00 am 

Non-movement Area Tuesday & Thursday 6:30 pm 

Non-movement Area 

Tuesday & Thursday the 3 rd full 4:30 am 

week of every month 

Non-movement Area Wednesday 8:30 pm 

Movement Area* Monday 1:00 pm 

* Movement Area Class held at BCAD Administration Office Complex, 100 Aviation Blvd, located east of 

Terminal Four, off the airport‟s East Perimeter Road. 

Pre- Registration 

Cut-off Dates: 

Attendance: 

ID: 

Class Location: 

Issuance: 

Office Hours: 

To allow for the processing of the received email requests, cut off dates will be one week 

prior to the day of the requested class. Stand-bys for an unavailable class will NOT be 

accepted. 

Class Time 

Cut off time 

Monday 10:00am & 1:00pm class = Monday prior @ 5:00pm 

Tuesday 4:30am,10:00am & 6:30pm class = Tuesday prior @ 5:00pm 

Wednesday 10:00am & 8:30pm class = Wednesday prior @ 5:00pm 

Thursday 4:30am, 10:00am & 6:30pm class = Thursday prior @ 5:00pm 

Friday 10:00am = Friday prior @ 5:00pm 

Classes begin on time. Entry will not be granted to anyone arriving late. Please plan on 

arriving early enough to present identification (valid driver‟s license) and sign in. 

For entry into all classes, attendees must present valid Driver’s License (your FLL badge 

is not considered valid ID for entry into a class). 

Non Movement Ramp Driving Computer Classes are conducted at the Badging Office on 

the south side of the Hibiscus Parking Garage (near the Blue elevator core and outside of the 

parking facility). 

Movement Area Ramp Driving Classes, conducted by an instructor, are held in the BCAD 

Administrative Offices, 100 Aviation Blvd, located east of Terminal Four off East Perimeter 

Road. Class attendees must report to the receptionist at the main entrance of the BCAD 

Administration Office complex. 

Employees may obtain their ramp driving sticker after they have satisfactorily completed the 

non-movement ramp driving Class, or they can bring their Certificate of Completion to the 

BCAD Security Badging Office during business hours to have a sticker placed on their badge. 

Monday, Tuesday, Wednesday and Friday the Badging Office is open 8:30 a.m. to 4:30 p.m. 

Thursday the Badging Office is open from 9:00 a.m. to 4:30 p.m. The Badging Office is 

closed on weekends and Broward County designated holidays. All questions and inquiries 

concerning the Ramp Driving Classes should be emailed to: fllrampdriving@broward.org 



Exhibit 2 

Page 347 of 379 

BELOW IS AN EXAMPLE OF THE RAMP DRIVING SIGN-IN [EXCEL] FORMAT THAT YOU NEED 

TO PROVIDE TO BCAD AIRSIDE OPERATIONS TO PRE-REGISTER FOR RAMP DRIVING CLASS. 

1. Fill in the name and company columns as they appear on the FLL SIDA ID Badge. 

NOTE: contractors and vendors sponsored by your company may have multiple company 

names on their badge. Enter all as they appear on the badge in the column/cell. If the info is 

larger than the cell can hold, the info will automatically “wrap” within the cell. 

2. Select the class date & time the individual will be attending. ( see back for day/times ) 

3. Enter the drivers license number (include state if NOT Florida) 

NOTE: if license number info is larger than the cell can hold, the info will automatically “wrap” 

within the cell. 

4. Enter the entire expiration date 

1 2 3 4 

AS PRINTED ON SIDA BADGE 

NAME 

COMPANY/SECTION 

CLASS DATE / 

TIME DL # EXPIRATION DATE 

BURKHART, BYRON BCAD/OPS 04/15/09 800PM B123-456-78-910-0 3/5/2011 

CRESPO, JOHN PIERRE BCAD/OPS 4/17/09 100PM C987654321 New York 8/25/2010 

5. Once all data is entered send via email to: 

FLLRAMPDRIVING@BROWARD.ORG ( address is not case sensitive ) 

6. The validity of an individual's Florida Driver's license can be checked at the following website: 

https://www6.hsmv.state.fl.us/DLCheck/main.jsp 


Exhibit 2 

Page 348 of 379 

EXHIBIT 10 

CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR 

TERMINAL 4 REPLACEMENT – WESTERN EXPANSION PROJECT 

FORT LAUDERDALE – HOLLYWOOD INTERNATIONAL AIRPORT 


PRECONSTRUCTION & EARLY INVESTIGATION PHASE 

KEY EMPLOYEES 

POSITION 

NAME 

1 VP of Operations - Cummings Geoff Bunnell 

2 VP of Operations – Balfour-Beatty Rob Gillette 

3 Project Executive Bill F. Southern 

4 Project Manger Bill Carlton 

5 Superintendent Jim Daniels 

6 

Exhibit 10 Key Employees 

CM @ Risk Agreement R0787918R1 073010 Page of 1 of 1

Exhibit 2 

Page 349 of 379 

EXHIBIT 11 






CORE STAFF 

POSITION 

NAME 

1 Estimating Manager Mark Makary 

2 Scheduler/Estimator/Project Engineer Jennifer Uman 

3 

4 

5 

6 

7 

8 

9 

10 

Exhibit 11 Core Staff 


Exhibit 2 

Page 350 of 379 

EXHIBIT 12 






SCHEDULE OF SUBCONTRACTORS &VENDORS 

NUMBER SUBCONTRACTOR’S NAME TRADE/DISCIPLINE 

1 CES Consultants, Inc. Estimating Support 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

Exhibit 12 Schedule of Subcontractors & Vendors 


Exhibit 2 

Page 351 of 379 

NUMBER VENDOR’S NAME TRADE/DISCIPLIN 

1 TBD 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

Exhibit 12 Schedule of Subcontractors & Vendors 



Exhibit 2 

Page 352 of 379 

Exhibit 13 CONTRACTOR'S Early Construction General Conditions 



# DESCRIPTION 

SCHEDULED 

VALUE 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

SUB TOTAL GENERAL CONDITIONS 

Insurance Bond 

GENERAL CONDITIONS TOTAL 

$TBD 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

CM @ K/sfc Agreement R0787918R1


EXHIBIT 14 CONTRACTOR'S Pre-Construction General Conditions 



TERMINAL 4 GATE REPLACEMENT - WESTERN 

Exhibit 2 

Page 353 of 379 

PROJECT LOCATION: FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT; FORT LAUDERDALE, FLORIDA 

CONTRACTORS PRE-CONSTRUCTION GENERAL CONDITIONS FOR PHASE I PRE-CONSTRUCTION MANAGEMENT SERVICES (Not Including Early Work) 

Date: August 4, 2010 

Running Total 

ITEM DESCRIPTION Quantity $267,689 LABOR MATERIAL EQUIPMENT SUBCONTRACT TOTAL 

People Unit COSTS 

or Items AMOUNT Meas Unit Amount Unit Amount Unit Amount Unit Amount 

FIELD MANAGERS AND SUPERVISION: MWks. Each Mos. 0 0 0 0 0 

Project Executive + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Operations Manager + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Manager + 8 wks closeout See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Manager + 8 wks closeout See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Manager See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Manager See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Project Manager + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Project Manager + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Project Manager See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Project Manager See Contractors Pre-Con Services $ - 

0 0 0 0 0 

General Superintendent + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Superintendent + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Superintendent + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Superintendent See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Superintendent See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Superintendent + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Superintendent + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Superintenden See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Assistant Superintendent See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Total Manweeks/Persons 0 0 

OFFICE & FIELD ENGINEERING 0 0 0 0 0 

LEED Project Engineer - +16 Weeks Closeout See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Engineer See Contractors Pre-Con Services $ - 

0 0 0 0 0 


0 0 0 0 0 


0 0 0 0 0 

Office Engineer See Contractors Pre-Con Services $ - 

0 0 0 0 0 


0 0 0 0 0 

Offcie Engineer See Contractors Pre-Con Services $ - 

0 0 0 0 0 


0 0 0 0 0 

Estimating/Cost Engineer See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Scheduler See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Estimating Engineer See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Mechanical/Electrical Coordinato See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Venue/Food Service Coordinato See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Mechanical Coordinator See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Electrical Coordinator See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Draftsman See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Document Control Engr + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Quality Control Manager + 8 wks closeou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Quality Control Engr See Contractors Pre-Con Services $ - 

0 0 0 0 0 


FIELD ENGINEERING 0 0 0 0 0 

Party Chief See Contractors Early Work $ - 

wks 0 0 0 0 0 

Field Engineer See Contractors Early Work $ - 

wks 0 0 0 0 0 

Instrument Man - 1 Each See Contractors Early Work $ - 

wks 0 0 0 0 0 

Rodman/Helper - 1 Each See Contractors Early Work $ - 

wks 0 0 0 0 0 

$ - 

wks 0 0 0 0 0 


FIELD EQUIPMENT 0 0 0 0 0 

Engineering Equipment See Contractors Early Work ls 0 0 0 0 0 

Engineering Supplies & Instruments See Contractors Early Work ls 0 0 0 0 0 

ADMINISTRATIVE 0 0 0 0 0 

Financial Manager/Office Manager/Project Controller + 8wks close ou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Project Accountant - Full time + 8wks close ou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Bookkeeper + 8 wks closeout See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Timekeeper/Payroll Clerk See Contractors Pre-Con Services 0 0 0 0 0 

Purchasing Agent See Contractors Pre-Con Services 0 0 0 0 0 

Warehouseman See Contractors Pre-Con Services 0 0 0 0 0 

Expeditor See Contractors Pre-Con Services 0 0 0 0 0 

Receptionist + 8 wks close ou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Secretary/Clerk Typist + 8 wks close ou See Contractors Pre-Con Services $ - 

0 0 0 0 0 

Data Entry See Contractors Pre-Con Services $ - 

0 0 0 0 0 

8/4/2010 Cummings/Balfour Beatty JV Page 1 of 6






Exhibit 2 

Page 354 of 379 




Running Total 




Runner See Contractors Pre-Con Services 0 0 0 0 0 


HOME OFFICE SERVICES 0 0 0 0 0 

Audit ls 0 0 0 0 0 

Legal ls 0 0 0 0 0 

Data Entry & Processing - Home Office ls 0 0 0 0 0 

EDP Accounting Charges mo 0 0 0 0 0 

Scheduling Charges - Monthly Updates - CPM - 3 days/mo See Contractors Pre-Con Services wks 0 0 0 0 0 

Scheduling Setup Charges See Contractors Pre-Con Services ls 0 0 0 0 0 

SAFETY/SECURITY 0 1,400 0 0 1,400 

Safety Inspector See Contractors Early Work trips 0 0 0 0 0 

Flagman See Contractors Early Work wks 0 0 0 0 0 

OSHA Protection See Contractors Early Work ls 0 0 0 0 0 

Waste Management Personne See Contractors Early Work wks 0 0 0 0 0 

Police Detail See Contractors Early Work ls 0 0 0 0 0 

Watchman See Contractors Early Work ls 0 0 0 0 0 

Guard Service See Contractors Early Work wks 0 0 0 0 0 

Trailer Security Alarm See Contractors Early Work mo 0 0 0 0 0 

Safety Equipment/Materia See Contractors Early Work ls 0 0 0 0 0 

Safety Rail See Contractors Early Work lf 0 0 0 0 0 

Fire Protection See Contractors Early Work mo 0 0 0 0 0 

Badges/Identification/Sign Making 7.00 ea 0 100 700 0 0 700 

Substance Abuse Program/Testing 7.00 wks 0 100 700 0 0 700 

Safety Inspection Crew - 3 Men See Contractors Early Work $ - 

wks 0 0 0 0 0 

TEMPORARY CONSTRUCTION 0 500 0 0 500 

Field Office Trailer Setup/Remove Provided by County ea 0 0 0 0 0 

Construct Link Between Trailers Provided by County ea 0 0 0 0 0 

Field Office Trailer Rentals Provided by County mo 0 0 0 0 0 

Change/Storage Trailer Setup/Remove Provided by County ls 0 0 0 0 0 

Change/Storage Trailer Buy Provided by County ea 0 0 0 0 0 

Construct Temporary Offices Provided by County ls 0 0 0 0 0 

Construct Change Shacks Provided by County ls 0 0 0 0 0 

Clean Offices/Change Areas Provided by County $ - 

mo 0 0 0 0 0 

Property Rentals Provided by County mo 0 0 0 0 0 

Marshalling Yard Provided by County ls 0 0 0 0 0 

A/E Inspectors Office Setup/Remove Provided by County ls 0 0 0 0 0 

A/E Inspectors Office Renta Provided by County mo 0 0 0 0 0 

Construct A/E Offices Provided by County ls 0 0 0 0 0 

Construction Administrator/Owner Office Setup/Remove Provided by County ea 0 0 0 0 0 

Construction Administrator/Owner Office Rental -3 Each Double Wide Provided by County mo 0 0 0 0 0 

Construct Link Between Trailers Provided by County ea 0 0 0 0 0 

Construct Construction Administrator/Owner Offices Provided by County ls 0 0 0 0 0 

Miscellaneous Signage (For Offices Only; Not for Early or GMP Work 1.00 ea 0 500 500 0 0 500 

On-Site Directional Signage ls 0 0 0 0 0 

Temporary Fencing See Contractors Early Work lf 0 0 0 0 0 

Temporary Fencing - Relocate See Contractors Early Work ls 0 0 0 0 0 

Construction Gates See Contractors Early Work ea 0 0 0 0 0 

Sidewalk Protection See Contractors Early Work lf 0 0 0 0 0 

Street / SidewalkRental See Contractors Early Work mo 0 0 0 0 0 

Jersey Barriers See Contractors Early Work ls 0 0 0 0 0 

Barricades See Contractors Early Work ls 0 0 0 0 0 

Temporary Ladders & stairs See Contractors Early Work mo 0 0 0 0 0 

Temporary Partitions at Window Openings See Contractors Early Work ea 0 0 0 0 0 

Remove/Replace Window Glass See Contractors Early Work ea 0 0 0 0 0 

Tub Protection w/ Plywood Not Applicable ea 

Mock-ups See Contractors Early Work ls 0 0 0 0 0 







Exhibit 2 

Page 355 of 379 




Running Total 




TEMPORARY FACILITIES 0 0 0 0 0 

Toilets - See Contractors Early Work mo 0 0 0 0 0 

Temprary Sewer Holding Tanks - Office Trailers Provided by County mo 0 0 0 0 0 

Temp Water & Sewer Services - Office Trailers Provided by County ls 0 0 0 0 0 

Water use See Contractors Early Work mo 0 0 0 0 0 

Drinking Water & Ice See Contractors Early Work mo 0 0 0 0 0 

Drinking Water - Office Complex Provided by County mo 0 0 0 0 0 

Power Setup (By Power Co) Provided by County ls 0 0 0 0 0 

Power Use - Provided by County mo 0 0 0 0 0 

Temp Light & Power Setup Provided by County ls 0 0 0 0 0 

Utility Costs for Testing Provided by County mo 0 0 0 0 0 

Temp Heat Equipment Not Applicable ls 0 0 0 0 0 

Temp Heat Equipment (Misc/Ductwrk/Etc) Not Applicable ls 0 0 0 0 0 

Temp Heat Equipment (Delv/Setup/Pad/Fence Not Applicable ls 0 0 0 0 0 

Temp Heat Fuel Consumption Not Applicable ls 0 0 0 0 0 

Temp Heat Operation Not Applicable ls 0 0 0 0 0 

Winter Protection Not Applicable ls 0 0 0 0 0 

Weather Protection at Temp Roof See Contractors Early Work sf 0 0 0 0 0 

Parking Lot Construction See Contractors Early Work ls 0 0 0 0 0 

Busing/Parking Fees See Contractors Early Work ls 0 0 0 0 0 

Parking Fees Not Required mo 0 0 0 0 0 

Temp Roads Construct/Maintain See Contractors Early Work ls 0 0 0 0 0 

Dust Control See Contractors Early Work ls 0 0 0 0 0 

Truck Wheelwash Station and Dust Contro See Contractors Early Work mo 0 0 0 0 0 

Snow Removal No Additional Cost ls 0 0 0 0 0 

Hurricane Protection See Contractors Early Work ea 0 0 0 0 0 

CLEANUP 0 0 0 0 0 

General Cleanup - 1 Man/2 days a week See Contractors Early Work wks 0 0 0 0 0 

Final Cleanup See Contractors Early Work sf 0 0 0 0 0 

Cleanup - Misc. See Contractors Early Work ls 0 0 0 0 0 

Cleanup - Offices Provided by County ls 0 0 0 0 0 

Wash Windows See Contractors Early Work ls 0 0 0 0 0 

Wash Cars See Contractors Early Work ls 0 0 0 0 0 

Debris Removal - Office Trailers Provided by County dmp 0 0 0 0 0 

Debris Removal (Trucking) See Contractors Early Work dmp 0 0 0 0 0 

Dump Fees See Contractors Early Work ls 0 0 0 0 0 

Trash Chutes - See Contractors Early Work flr 0 0 0 0 0 

Street Cleaning See Contractors Early Work wks 0 0 0 0 0 

OFFICE EQUIPMENT 0 109,158 0 110,000 219,158 

Furniture/Equipment - Provided by County ea 0 0 0 0 0 

Server for file sharing & license management Dual Core Processor, 4GB RAM, RAID 

5 2TB 1.00 ea 0 1,500 1,500 0 0 1,500 

Dell PowerVault LTO-4-120 800GB Native 1.6TB Compressed with SAS Card & 5 tapes 1.00 ea 0 5,000 5,000 0 0 5,000 

Cisco 1841 Router for T1/MPLS/VOIP 1.00 ea 0 1,300 1,300 0 0 1,300 

Cisco 24 Port PoE Switch for network & phones 1.00 ea 0 550 550 0 0 550 

Wireless Access point for wifi data connections 1.00 ea 0 500 500 0 0 500 

Lenovo ThinkPad T510 laptop, Core i5 2.53Ghz 4GB RAM, 320GB HDD, 15.2 LCD, 

DVDRW, 6 Cell Battery, Nvidia NVS 3100M GPU 1.00 ea 0 1,200 1,200 0 0 1,200 

Lenovo ThinkPad T510 laptop, Core i7 2.66Ghz 4GB RAM, 320GB HDD, 15.2 LCD, 

DVDRW, 9 Cell Battery, Nvidia NVS 3100M GPU, BT 3.00 ea 0 1,460 4,380 0 0 4,380 

ThinkPad Port Replicator Series 3 4.00 ea 0 180 720 0 0 720 

NEC V221W-BK 22-inch Wide LCD Monitor 1920x180 Resolution (for Laptops/Desktops 5.00 ea 0 180 900 0 0 900 

ViewSonic VA1716w 17" LCD Monitor (server 1.00 ea 0 140 140 0 0 140 

Logitech MK300 Wireless Keyboard & Mouse 4.00 ea 0 35 140 0 0 140 

Belkin SurgeMaster Gold Series Surge Protecto 4.00 ea 0 30 120 0 0 120 

APC SURTA2000XL 2000VA 1400 Watt 120V (for Cisco Equip) 1.00 ea 0 1,120 1,120 0 0 1,120 







Exhibit 2 

Page 356 of 379 




Running Total 




APC Smart-UPS SC 1500VA UPS (for File Server) 1.00 ea 0 275 275 0 0 275 

Toshiba eStudio Color Printer/Copier/Scanner Monthly Lease (39-month minimum 39.00 mo 0 296 11,544 0 0 11,544 

Cisco Unified IP Phone 7941G 4.00 ea 0 200 800 0 0 800 

Cisco Unified IP Phone 7961G (Receptionist 1.00 ea 0 400 400 0 0 400 

Kensington Laptop Security Cable w/Lock Model #KMW64068 4.00 ea 0 180 720 0 0 720 

Optoma TX1080 1920 x 1080 DLP projector 3600 ANSI lumens 1.00 ea 0 2,000 2,000 0 0 2,000 

Prolog Software for all CBB Staff ("Named'' Prolog Manager) 1.00 licences 0 2,394 2,394 0 0 2,394 

Prolog Software for all CBB Staff (Prolog Converge) County Will Not Reimburse 1.00 ls 0 0 0 0 0 

Prolog Software for all CBB Staff (Prolog Converge Server Software) County Will Not Reimburse 1.00 ea 0 0 0 0 0 

Yearly Maintenance till September 2011 County Will Not Reimburse 1.00 yr 0 0 0 0 0 

Primavera SW (Any Version) for JAC Scheduling Staff 1.00 ea 0 2,500 2,500 0 0 2,500 

Yearly Maintenance till September 2011 1.00 license 0 1,000 1,000 0 0 1,000 

Digger 2.0 Analysis 1.00 ea 0 2,000 2,000 0 0 2,000 

Microsoft Office 2007 Standard SW for Site Staff 5.00 ea 0 500 2,500 0 0 2,500 

Bluebeam 4.00 ea 0 200 800 0 0 800 

Symantec Anti-Virus/Spyware/Firewall Software Package for 5 users 1.00 ea 0 210 210 0 0 210 

OnScreen Takeoff Program 2.00 ea 0 2,495 4,990 0 0 4,990 

Yearly Maintenance till September 2011 1.00 yr 0 740 740 0 0 740 

Windows Server 2008 R2 Standard 1.00 ea 0 2,700 2,700 0 0 2,700 

BackupExec System Recovery 2010, Server Ed. 1.00 ea 0 630 630 0 0 630 

T1 Internet Connection for VOIP & Data Monthly 12.00 mo 0 800 9,600 0 0 9,600 

Telephone Service 9.00 mo 0 600 5,400 0 0 5,400 

Fax Base Equipment 9.00 mo 0 150 1,350 0 0 1,350 

Telephone/Fax Individual Equipment Set Included ea 0 0 0 0 0 

Telephone/Fax Setup Included ls 0 0 0 0 0 

Telephone/Fax - Owner's Office Provided by County mo 0 0 0 0 0 

Telephone/Fax Base Equipment Owner's Office Provided by County ls 0 0 0 0 0 

Telephone/Fax Individual Equipment Sets Owner's Offic Provided by County ea 0 0 0 0 0 

Telephone/Fax Setup Provided by County ls 0 0 0 0 0 

BIM - Autodesk Revit Architecture 2011 1.00 ea 0 5,000 5,000 0 0 5,000 

BIM - Yearly Subscription for Revit until September 1, 201 1.00 yr 0 725 725 0 0 725 

BIM - Autodesk Navisworks Manager 2011 1.00 ea 0 10,500 10,500 0 0 10,500 

BIM - Yearly Subscription for Navisworks until September 1, 201 1.00 yr 0 800 800 0 0 800 

BIM - Adobe Acrobat Pro Extended, for 3D PDF, Bim 1.00 ea 0 625 625 0 0 625 

BIM - Dell Precision T1500, Core 17 2.8 Ghz, 8GB Ram, 250GB HDD, (Raid 0) 

DVDRW, ATI FuireMV 2260 (For up to 3 Monitors) 1.00 ea 0 2,000 2,000 0 0 2,000 

BIM - NEC V221 W-BK 22-inch Wide LCD Monitor 1920x180 Resolutions 2.00 ea 0 180 360 0 0 360 

BIM - Toshiba 40XV645U 40" LCD Monitor 1920x1080 (for Plan Viewing 1.00 ea 0 600 600 0 0 600 

BIM - Modeling Architectural & Structural 2D to 3D Schematic Design Only 250,000.00 sf 0 0 0 0.08 20,000 20,000 

BIM - Modeling MEP 2D to 3D Schematic Design Only 250,000.00 sf 0 0 0 0.08 20,000 20,000 

BIM - Modeling Architectural & Structural 2D to 3D Design Development Only 250,000.00 sf 0 0 0 0.08 20,000 20,000 

BIM - Modeling MEP 2D to 3D Design Development Only 250,000.00 sf 0 0 0 0.08 20,000 20,000 

BIM - Modeling Foundation and Below Ground Coordination 1.00 ea 0 0 0 10,000 10,000 10,000 

BIM - Modeling Miscellaneous 1.00 ea 0 0 0 10,000 10,000 10,000 

Electronic Versions of Building Codes and Standard 1.00 ea 0 0 0 5,000 5,000 5,000 

Go To Meeting & Other Misc. Office Software 1.00 ea 0 0 0 5,000 5,000 5,000 

Fax Machine - Owner's Office Provided by County ls 0 0 0 0 0 

Answering Machine - Owner's Office Provided by County ea 0 0 0 0 0 

Field Communication - Cell Phone Purchase 3.00 ea 0 225 675 0 0 675 

Field Communication - Cell Phone Monthly Charge 9mo 0 1,000 9,000 0 0 9,000 

Field Communication - Owner's Provided by County ls 0 0 0 0 0 

Field Communication - Owner's Provided by County mo 0 0 0 0 0 

Photocopying for CBB Provided by County mo 0 0 0 0 0 

Photocopying - Owner's Office Complex Provided by County mo 0 0 0 0 0 

Postage 35 wks 0 250 8,750 0 0 8,750 

Supplies Provided by County wks 0 0 0 0 0 

Owner Furniture/Equipmen Provided by County ls 0 0 0 0 0 

Owner Furniture/Equipmen Provided by County ls 0 0 0 0 0 

OUTSIDE SERVICES 0 0 0 0 0 

Consulting Fees ls 0 0 0 0 0 

Contract Negotiations Legal Fees - Allowance ls 0 0 0 0 0 

Final Site Survey In GMP Direct Cost ls 0 0 0 0 0 







Exhibit 2 

Page 357 of 379 




Running Total 




Independent Site Layout & Contro In GMP Direct Cost ls 0 0 0 0 0 

Pre-Construction Damage Survey See Contractors Early Work ls 0 0 0 0 0 

Independent Scheduling Charges Not Applicable wks 0 0 0 0 0 

Independent Scheduling Setup Charges Not Applicable ls 0 0 0 0 0 

Misc. Drawings/Printing Required for Pre-Construction Services On Provided by County mo 0 0 0 0 0 

Job-Site Blueprinting See Contractors Early Work mo 0 0 0 0 0 

As Built Drawings In GMP Direct Cost ls 0 0 0 0 0 

Coordination/Composite Drawings In GMP Direct Cost ls 0 0 0 0 0 

Photographs See Contractors Early Work mo 0 0 0 0 0 

Soil Testing & Inspection Provided by County ls 0 0 0 0 0 

Concrete Testing & Inspection Provided by County ls 0 0 0 0 0 

Masonry Testing Provided by County ls 0 0 0 0 0 

Structural Steel Testing & Inspection Provided by County ls 0 0 0 0 0 

Spray Fireprfg Testing & Inspection Provided by County ls 0 0 0 0 0 

Curtain wall Consultant/Inspection/Tes Provided by County ls 0 0 0 0 0 

Roofing Consultant/Inspection Provided by County ls 0 0 0 0 0 

3rd Party Inspection Services Provided by County mo 0 0 0 0 0 

Testing - By Owner , Incl. Only Misc. Testin Provided by County mo 0 0 0 0 0 

Permits & Fees - By owner Provided by County ls 0 0 0 0 0 

Security Watches by TSA, FAA, CBP or BSO Provided by County ls 0 0 0 0 0 

Monitoring and Modifications/Relocations of Security and Fire Device Provided by County ls 0 0 0 0 0 

Fire Watches by BSO & Fire Departments Provided by County ls 0 0 0 0 0 

Pest/Rodent Contro Provided by County mo 0 0 0 0 0 

3rd Party Building Systems Commisioning Provided by County ls 0 0 0 0 0 

SUPPORT EQUIPMENT/TOOLS 0 3,600 14,400 0 18,000 

Crane Operators - In Concrete See Contractors Early Work wks 0 0 0 0 0 

Oilers - In Concrete See Contractors Early Work wks 0 0 0 0 0 

Cranes Setup/Takedown - In Concrete See Contractors Early Work ls 0 0 0 0 0 

Crane Rentals - In Concrete See Contractors Early Work hours 0 0 0 0 0 

Fuel & Lubricants - In Concrete See Contractors Early Work wks 0 0 0 0 0 

Hoist Rentals - Dua See Contractors Early Work mo 0 0 0 0 0 

Hoist Freight In & Out See Contractors Early Work ls 0 0 0 0 0 

Hoist Operators See Contractors Early Work hours 0 0 0 0 0 

Hoist Operators - Overtime See Contractors Early Work hours 0 0 0 0 0 

Hoist Foundations See Contractors Early Work ls 0 0 0 0 0 

Hoists Setup/Takedown/Jumps See Contractors Early Work ea 0 0 0 0 0 

Hoists Floor Gates See Contractors Early Work ea 0 0 0 0 0 

Hoists Platforms/Platform Side Rails See Contractors Early Work ea 0 0 0 0 0 

Hoist Service Maintenance & Quarterly Check-up See Contractors Early Work mo 0 0 0 0 0 

Drop Tests - Quarterly See Contractors Early Work ea 0 0 0 0 

Fuel & Lubricants See Contractors Early Work mo 0 0 0 0 

Power Usage - In Temporary Electric See Contractors Early Work ls 0 0 0 0 

Replacement Insurance OCIP ls 0 0 0 0 

0 0 0 0 

Material Platforms See Contractors Early Work 0 0 0 0 

Trash Skips See Contractors Early Work 0 0 0 0 

0 0 0 0 

0 0 0 0 

Elevator Operators See Contractors Early Work wks 0 0 0 0 0 

Protect Cabs See Contractors Early Work ea 0 0 0 0 0 

Permanent Elevator Temp Use See Contractors Early Work mo 0 0 0 0 0 

Permanent Elevator Cab Protection See Contractors Early Work ls 0 0 0 0 0 

Permanent Elevator Temporary Cab See Contractors Early Work ls 0 0 0 0 0 

Permanent Elevator Extended Warranty See Contractors Early Work ls 0 0 0 0 0 

Misc Hoisting See Contractors Early Work hrs 0 0 0 0 0 

Cars - PM mo 0 0 0 0 0 

Pickup Trucks-Jobsite Usage 2 9 18 mo 0 0 800 14,400 0 14,400 

Pickup Trucks-Assistant Superintendent In Early Work mo 0 0 0 0 0 

Pickup Trucks- Airside Escorts - 2 Each In Investigative Early Work mo 0 0 0 0 0 

Fuel 18 mo 0 200 3,600 0 0 3,600 







Exhibit 2 

Page 358 of 379 




Running Total 




Small Tools See Contractors Early Work ls 0 0 0 0 0 

0 

Scaffolds for Trades - Exterior See Contractors Early Work ls 0 0 0 0 0 

Scaffolds for Trades - Interior See Contractors Early Work ls 0 0 0 0 0 

MISCELLANEOUS 0 0 0 0 0 

Travel Allowance 0 0 0 0 0 

Subsistence wks 0 0 0 0 0 

Relocation Costs - ea 0 0 0 0 0 

Relocation Costs - Rental Housing mo 0 0 0 0 0 

Foreman Holidays ls 0 0 0 0 0 

Show-up Time ls 0 0 0 0 0 

Premium Time ls 0 0 0 0 0 

SUBTOTAL 0 114,658 14,400 110,000 239,058 

Labor Burden -Trades Total Labor 0 13.85% 0 0 

Labor Burden -Supervision Total 0 40.24% 0 0 

Total Labor 0 0 

Taxes Materails 0.06 6,879 6,879 

0 

0 

0 

SUBTOTAL 0 121,537 14,400 110,000 245,937 

INSURANCE COSTS (OTHER THAN OCIP) 

GENERAL CONDITIONS PHASE I 

MANAGEMENT SERVICES PHASE I 

EARLY WORK PHASEI 

Included in Burden 

Incl. in Management 

Services 

Incl. in Early Work 

SUBTOTAL 245,937 

PERFORMANCE AND PAYMENT BOND ON PRE-CON MANAGEMENT SERVICES & GENERAL CONDITIONS (BONDS FOR EARLY WORK SHALL BE INCLUDED IN EARLY WORK COSTS 

GENERAL CONDITIONS PHASE I BONDS @ 1.25% 7,392 

MANAGEMENT SERVICES PHASE I BONDS @ 1.25% - $648,794.00 8,110 

EARLY WORK PHASE I BOND ALLOWANCE @ 1.25% BASED ON $500,000 TOTAL EARLY WORK PHASE I ALLOWANCE 6,250 

SUBTOTAL 267,689 

FEE 

267,689 

TOTALS 267,689 


Exhibit 2 

Page 359 of 379 


EXHIBIT 15 

CONTRACTOR'S Management Services 

Project Name: Terminal 4 Gate Replacement • Western Expansion 


PROJECT LOCATION: FORT LAUOERDALE - HOLLYWOOD INTERNATIONAL AIRPORT; FORT LAUDERDALE, FLORIDA 

CONTRACTORS MANAGEMENT SERVICES FOR PHASE I (Not Including General Conditions & Earty Work) 

Date: August 4,2010 

Contractors Pre-Construction Management Services Summary Phases I 

Contractors Pre-Construction Service* Summary 

ITEM DESCRIPTION LABOR BURDEN MATERIAL EQUIPMENT TOTAL 

COMMENTS 

PHASE I PRE-CONSTRUCTION SERVICES fWilh No CCt\ 

SITE MANAGEMENT TEAM PHASE I 

2 

Sub-Total 

324,652 130.640 45S.291 

455,291 

Fee 

Total Site Management Team Phase I 

455,291 

WK 

PRE-CONSTRUCTION COST ESTIMATES 

PZ TASK* PHASE I COST ESTIMATES 

T»ik 2 -100% Final Schematic Design Ctnt Eilimite For 14 flate 

Configuration fWwtcm Enpumionl 

84.274 

Talk Jb*c - Derian Pevetonmwt Coil Eitin»»te for Western Eip^i^iton twt Pb 

84.274 

Sub-Total 

148,549 

Fee 

Total Phase I Cost Estimates 

Total Phase I 

Pre-Construction Services (With No GC's) 

6U.S40 

CUMttlNGSSALFCUR BEAATTY JV

Exhibit 2 

Page 360 of 379 

TERMINAL 4 GATE REPLACEMENT -WESTERN EXPANSION 

EXHIBIT 15 




PROJECT LOCATION: FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT; FORT LALTOERDALE, FLORIDA 

CONTRACTORS MANAGEMENT SERVICES FOR PHASE I [Nnl Including General Conditions £ Earl/ WoriiJ 

narr;_Amimc 4. 

JQ1Q 

CONTRACTORS PRE-CONSTRUCTION MANAGEMENT SERVICES 

itCTVAL 

HOURLY 

umi nouns unit Wk.s vsu am (it>v iotai. 

OM \] 

1 

EA 

4 

IflVWK 

■3 0 

97.20 

QJ0» 

5Mb 

Vkf praitaJ aSOptnUaa BiXCui B 

1 

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1 

lln.'WK 

ISO 

WK 

W7B 

D4O2 

BUISouifccni 

1 

EA 

40 

*10 

WK 

7ft 2ft 

atal 

u.m 

ISJ.69J 

BJICjilt 

1 

EA 

40 

l&fcWK 

110 

WV. 

ii^l 

Viitl 

111.111 

Ju 

0 

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Hn.*K 

1)0 

WK 

D 

Dtal 

0 

CdritABrifH 

In 

0 

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0 

llrvWK 

110 

WK 

0 

OKI 

□ 

0 

Sc hobiki.'EAJEu 

1 

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RA 

40 

:o 

4 

100 

llnWK 

Hn,WL 

HiVWK 

Hiv'WK 

110 

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lift 

WK 

U-K 

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*■« 

mj 

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5-76 

51 9J 

T9 7J0 

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111 111 

17.17 

10.119 

U.J41 

iVUTOTAL MAKAGEMEKT TEBM IWllbliul feel 

jln 

^ i.n ; . :■ ii..,

Exhibit 2 

Page 361 of 379 


EXHIBIT 15 




PROJECT LOCATION' FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT; FORT LAUDERDALE. FLORIDA 

CONTRACTORS MANAGEMENT SERVICES FOR PHASE I (Nol Including Gansral Conflriions 1 Early Work) 

CONTRACTORS I'RE-CONSTRUCIION MANAGEMENT SERVICES 

t cj ion y.HVir f^. i t.M i ■■ i r M » w mi 

IMF JHURS IMF 

ACTlAL 

IIUlHLi 

(UK. 

WK 

1UIGK 

.&5t 

0 4149 1 

WK 

50 63^ 

£36 

GJ]JQ | 

V-X 

S7 50 

,410 

O4]44 

WK 

4178 

.747 

0 4149 

WK 

WK 

WK 

WK 

WK 

WK. 

WK 

WK 

*2 5S 

J04L 

J2B7 

M 2> 

57 10 

6i a 

5fi9J 

52 76 

!421 

J72 

.8*4 

L45G 

,fi9J 

0 

.166 

Exhibit 2 

Page 362 of 379 

PREVAILING WAGE RATES – STATEMENT OF COMPLIANCE 

Project Title: Terminal 4 Gate Replacement 

RLI No. R0787918R1 

The undersigned CONSULTANT/CONTRACTOR hereby swears under penalty of 

perjury that, during the period covered by the application for payment to which this 

statement is attached, all personnel, mechanics, laborers, and apprentices, employed of 

working on the site of the Project, have been paid at wage rates, and that the wage 

rates of payments, contributions, or costs for fringe benefits have not been less than 

those required by the Davis-Bacon Act or Broward County Ordinance No. 83-72, as 

applicable, and the applicable conditions of the Contract. 

Dated _____________, 20___ 

_________________________________ 

(CONSUTLATN/CONTRACTOR/FIRM) 

By _______________________________ 

(Signature) 

STATE OF ______________ 

COUNTY OF ____________ 

By ________________________________ 

(Name and Title) 

The foregoing instrument was acknowledged before me this ________ day of 

__________________, 20__, by _____________________________ who is personally 

known to me or who has produced _____________________ as identification and who 

did/did not take an oath. 

WITNESS my hand and official seal, this ______ day of ___________, 20__. 

(NOTARY SEAL) 

(Serial number, if any) 

My commission expires: 

_________________________________ 

(Signature of person taking acknowledgment) 

_________________________________ 

(Name of officer taking acknowledgment) 

(typed, printed or stamped) 

__________________________________ 

(Title or rank)

Exhibit 2 

Page 363 of 379 

FORM 1: CERTIFICATE OF SUBSTANTIAL COMPLETION 

Project Name: T4 Gate Replacement – Western Expansion 


CONTRACTOR: 

DATE OF 

ISSUANCE: 


NOTICE TO 

PROCEED DATE: 

TO (County): Contract Administrator CONTRACT FOR: 

PROJECT OR DESIGNATED PORTION SHALL INCLUDE: 

The Work performed under this Agreement has been reviewed and found to be substantially 

complete and all items required to be submitted by CONTRACTOR under the Contract Documents 

have been received and accepted. The Date of Substantial Completion of the Project or portion 

thereof designated above is hereby established as _____________________________ 

which is also the date of commencement of applicable warranties required by the Contract 

Documents, except as stated below. 

_____________________________________________________________________________ 

DEFINITION OF DATE OF SUBSTANTIAL COMPLETION 

The Date of Substantial Completion of the Work or portion thereof designated by CPM and 

CA is the date certified by CPM when all conditions and requirements of permits and 

regulatory agencies have been satisfied and the Work, is sufficiently complete in 

accordance with the Contract Documents, so the Project is available for beneficial 

occupancy by COUNTY. A Certificate of Occupancy (or a Temporary Certificate of 

Occupancy (TCO) or other alternate municipal/county authorization for limited or conditional 

occupancy acceptable to the Contract Administrator) must be issued for Substantial 

Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date 

thereof are not to be determinative of the achievement or date of Substantial Completion. 

_____________________________________________________________________________ 

Certificate of Substantial Completion 


Exhibit 2 

Page 364 of 379 

CERTIFICATE OF SUBSTANTIAL COMPLETION 

(Continued) 

A list of items to be completed or corrected, Punch List, prepared by CPM, is attached hereto. The 

failure to include any items on such list does not alter the responsibility of CONTRACTOR to 

complete all work in accordance with the Contract Documents. The date of commencement of 

warranties for items on the attached list will be the date of final payment unless otherwise agreed 

in writing. 

_________________________ 

CPM BY DATE 

__________________ 

In accordance with Section 6.1.3 of the Agreement, CONTRACTOR will complete or correct the 

work on the Punch List attached hereto within ___________________ from the above Date of 

Substantial Completion. 

«Firm_Name_for_Contract_Merge» _________________________ ___________ 

CONTRACTOR BY DATE 

COUNTY, through the Contract Administrator, accepts the Work or portion thereof designated by 

COUNTY as substantially complete and will assume full possession thereof at _____________ 

(time) on _____________(date). 

BROWARD COUNTY BOARD __________________________ ______ 

OF COUNTY COMMISSIONERS By CA DATE 

_______________________________________________________________________ 

The responsibilities of COUNTY and CONTRACTOR for security, maintenance, heat, utilities, 

damage to the work and insurance shall be as follows: 

Certificate of Substantial Completion 


Exhibit 2 

Page 365 of 379 

FORM 3 FORM OF FINAL RECEIPT: 

[The following form will be used to show receipt of final payment for this Agreement.] 

Project Name: «T-4 Gate Replacement - Western Expansion» 


FINAL RECEIPT FOR CONTRACT NO. ________________________ 

Received this ______ day of __________________________, 20______, from Broward 

County, the sum of ___________________ Dollars ($____________) as full and final payment 

to CONTRACTOR for all work and materials for the Project described as: 

This sum includes full and final payment for all extra work and material and all incidentals. 

CONTRACTOR hereby indemnifies and releases Broward County from all liens and 

claims whatsoever arising out of the Agreement and Project. 

CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials 

or supplies for the Project have been paid in full. In addition to this certification regarding 

payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to 

final payment in a form satisfactory to COUNTY. 

CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes 

(Sales and Use Tax Act), as amended, have been paid and discharged. 

[If incorporated sign below.] 

CONTRACTOR 

ATTEST: 

__________________________ 

Secretary 

(CORPORATE SEAL) 

_______________________________ 

(Name) 

By_____________________________ 

Title 

Date: ________________________ 

[If not incorporated sign below.] 



Exhibit 2 

Page 366 of 379 

FORM OF FINAL RECEIPT 

(Continued) 

CONTRACTOR 

WITNESSES: 

_______________________________ 

(Name) 

__________________________ 

By_____________________________ 

__________________________ 

Date: ________________________ 



Exhibit 2 

Page 367 of 379 

FORM 4: FORM OF PERFORMANCE BOND 

Project Name: «T-4 Gate Replacement - Western Expansion» 


KNOW ALL MEN BY THESE PRESENTS: 

That we __________________________, as Principal, hereinafter called CONTRAC- 

TOR, and ____________________, as Surety, are bound to the Board of County Commissioners 

of Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of 

______________ Dollars ($__________) for the payment whereof CONTRACTOR and Surety 

bind themselves, their heirs, executors, administrators, successors and assigns, jointly and 

severally. 

WHEREAS, CONTRACTOR has by written agreement entered into a Agreement, 

Bid/Contract No.: ____________, awarded the _____________ day of 

________________________, 20______, with COUNTY for ________________ in accordance 

with the Contract Documents prepared by _____________________ which Contract 

Documents are by reference made a part hereof, and for the purposes of this Bond are hereafter 

referred to as the "Agreement"; 

THE CONDITION OF THIS BOND is that if CONTRACTOR: 

1. Performs the Agreement between CONTRACTOR and COUNTY for construction of 

_________________, the Agreement being made a part of this Bond by reference, at 

the times and in the manner prescribed in the Agreement; and 

2. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including 

appellate proceedings, that COUNTY sustains as a result of default by CONTRACTOR 

under the Agreement; and 

3. Performs the guarantee of all work and materials furnished under the Agreement for the 

time specified in the Agreement; then THIS BOND IS VOID, OTHERWISE IT REMAINS 

IN FULL FORCE AND EFFECT. 

Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under 

the Agreement, COUNTY having performed COUNTY’s obligations there under, the 

Surety may promptly remedy the default, or shall promptly: 



Exhibit 2 

Page 368 of 379 

FORM OF PERFORMANCE BOND 

(Continued) 

3.1. Complete the Agreement in accordance with its terms and conditions; or 

3.2. Obtain a bid or bids for completing the Agreement in accordance with its terms 

and conditions, and upon determination by Surety of the lowest responsible 

Bidder, or, if COUNTY elects, upon determination by COUNTY and Surety 

jointly of the lowest responsible Bidder, arrange for a contract between such 

Bidder and COUNTY, and make available as work progresses (even though 

there should be a default or a succession of defaults under the Contract or 

Contracts of completion arranged under this paragraph) sufficient funds to pay 

the cost of completion less the balance of the Contract Price; but not 

exceeding, including other costs and damages for which the Surety may be 

liable hereunder, the amount set forth in the first paragraph herein. The term 

"balance of the Contract Price," as used in this paragraph, shall mean the total 

amount payable by COUNTY to CONTRACTOR under the Contract and any 

amendments thereto, less the amount properly paid by COUNTY to 

CONTRACTOR. 

No right of action shall accrue on this bond to or for the use of any person or corporation 

other than COUNTY named herein. 

The Surety hereby waives notice of and agrees that any changes in or under the 

Contract Documents and compliance or noncompliance with any formalities connected 

with the Contract or the changes does not affect Surety's obligation under this Bond. 

Signed and sealed this ______ day of _______________, 20_____. 

WITNESSES: 

_______________________________ 

(Name of Corporation) 

__________________________ 

Secretary 

By_____________________________ 

(Signature and Title) 


_______________________________ 

(Type Name and Title signed above) 



Exhibit 2 

Page 369 of 379 

FORM OF PERFORMANCE BOND 

(Continued) 

IN THE PRESENCE OF: 

__________________________ 

INSURANCE COMPANY: 

By_____________________________ 

Agent and Attorney-in-Fact 

__________________________ 

Address: _____________________ 

(Street) 

_______________________________ 

(City/State/Zip Code) 

Telephone No.: _______________ 



Exhibit 2 

Page 370 of 379 

FORM 5 FORM OF PAYMENT BOND 

Project Name: «T-4 Gate Replacement - Western Expansion » 


KNOW ALL MEN BY THESE PRESENTS: 

That we _________________________________, as Principal, hereinafter called 

CONTRACTOR, and _________________________, as Surety, are bound to the Board of 

County Commissioners of Broward County, Florida, as Obligee, hereinafter called COUNTY, in 

the amount of _______________________ Dollars ($____________) for the payment whereof 

CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors 

and assigns, jointly and severally. 

WHEREAS, CONTRACTOR has by written agreement entered into a Contract, 

Bid/Contract No.: __________, awarded the __________ day of _____________________, 

20______, with COUNTY for ______________________ in accordance with the Contract 

Documents prepared by _____________________________ which Contract Documents are by 

reference made a part hereof, and for the purposes of this Bond are hereafter referred to as the 

"Contract"; 

THE CONDITION OF THIS BOND is that if CONTRACTOR: 

1. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including 

appellate proceedings, that COUNTY sustains because of default by CONTRACTOR 

under the Agreement; and 

2. Promptly makes payments to all claimants as defined by Florida Statute 225.05(1) for all 

labor, materials and supplies used directly or indirectly by CONTRACTOR in the 

performance of the Agreement; 

THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL 

REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE 

FOLLOWING CONDITIONS: 

2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and 

who has not received payment for its labor, materials, or supplies shall, within 

forty-five (45) calendar days after beginning to furnish labor, materials, or 

Alternate Form of Security 


Exhibit 2 

Page 371 of 379 

FORM OF PAYMENT BOND 

(Continued) 

supplies for the prosecution of the work, furnish to CONTRACTOR a notice 

that he intends to look to the bond for protection. 

2.2. A claimant who is not in privity with CONTRACTOR and who has not received 

payment for its labor, materials, or supplies shall, within ninety (90) calendar 

days after performance of the labor or after complete delivery of the materials 

or supplies, deliver to CONTRACTOR and to the Surety, written notice of the 

performance of the labor or delivery of the materials or supplies and of the 

nonpayment. 

2.3. No action for the labor, materials, or supplies may be instituted against 

CONTRACTOR or the Surety unless the notices stated under the preceding 

conditions (2.1) and (2.2) have been given. 

2.4. Any action under this Bond must be instituted in accordance with the Notice 

and Time Limitations provisions prescribed in Section 255.05(2), Florida 

Statutes. 

The Surety hereby waives notice of and agrees that any changes in or under the 

Contract Documents and compliance or noncompliance with any formalities connected 

with the Contract or the changes does not affect the Surety's obligation under this Bond. 

Signed and sealed this ____ day of _________________, 20____. 

ATTEST: 

_______________________________ 

(Name of Corporation) 

__________________________ 

Secretary 

By_____________________________ 

(Signature and Title) 


_______________________________ 

(Type Name and Title signed above) 



Exhibit 2 

Page 372 of 379 

FORM OF PAYMENT BOND 

(Continued) 

IN THE PRESENCE OF: 

__________________________ 

INSURANCE COMPANY: 

By_____________________________ 

Agent and Attorney-in-Fact 

__________________________ 

Address: _____________________ 

(Street) 

_______________________________ 

(City/State/Zip Code) 

Telephone No.:_______________ 



MONTHLY (CBE) UTILIZATION REPORT 

Exhibit 2 

Page 373 of 379 

Report No.________ 

Contract #: Contract Amount: Date Form Submitted: 

Project Description: 

Project Completion Date: 

Prime Contractor: Period Ending: Amt. Paid to Prime: 

Contact Person: Telephone#: ( ) Fax#: ( ) 

SUBCONTRACTING INFORMATION 

TO BE SUBMITTED TO BROWARD COUNTY OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 

CBE Subcontractor Address Description of Work Original Agreed 

Price 

Revised 

Agreed Price 

% of work 

Completed to 

Date 

Amount Paid 

This Period 

Amount Paid To 

Date 

Total Amount Paid to Subcontractors to Date: 

I certify that the information submitted in this report is in fact true and correct to the best of my knowledge 

Signature: Title: Date: 

Note: The information provided herein is subject to verification by the Office of Economic and Small Business Development. 

OESBD Compliance Form 2009-MUR

Exhibit 2 

Page 374 of 379 

LETTER OF INTENT 

To Utilize a County Business Enterprise (CBE) Subcontractor/Subconsultant 

From (Name of Proposer/Bidder): ______________________________________________________ 

Firm Address: _____________________________________________________________________ 

Project Description:_________________________________________________________________ 

In response to Broward County’s RLI/Bid No. ____________________________________, the 

undersigned hereby agree to utilize the CBE firm listed below, if awarded the contract. The 

undersigned further certify that the firm has been contacted and properly apprised of the projected 

work assignment(s) upon execution of the contract with Broward County. 

Name of CBE Firm:________________________________________________________________ 

Address of CBE Firm:______________________________________________________________ 

Expiration of CBE Certification:__________ Projected CBE Work Assignment (description of work 

assignment):______________________________________________________________________ 

Projected Percentage of Prime’s Contract Fees to be Awarded to CBE:_______________________ 

(Dollar Amt. or Percentage %) 

_______________________________________ 

(Signature of Owner or Authorized Rep. Prime) 

______________________________________ 

(Date) 

Print Name (owner or authorized Rep. Prime):____________________________________________ 

Subscribed and sworn to before me this _______ day of _________________________ 200______. 

Notary’s Signature____________________________ Notary Seal: ___________________________ 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

(ACKNOWLEDGEMENT BY THE PROPOSED CBE FIRM) 

The undersigned intends to perform work in connection with the above Contract as (check one) 

___ an individual ___ a partnership ___ a corporation ___ a joint venture. The undersigned agrees with the 

prime contractor’s/consultant’s proposal and further certifies that all information provided herein is true and 

correct. 

___________________________________________ 

(Signature of Owner or Authorized Rep. CBE) 

__________________________________ 

(Date) 

Print Name (owner or authorized Rep. CBE):____________________________________________ 

Subscribed and sworn to before me this _______ day of __________________________ 200______. 

Notary’s Signature: ___________________________ Notary Seal: ___________________________ 

OESBD Compliance Form 2009-LOI

FINAL (CBE) UTILIZATION REPORT 

Exhibit 2 

Page 375 of 379 

Report No.________ 

Contract #: Contract Amount: Date Form Submitted: 

Project Description: 

Project Completion Date: 

Prime Contractor: Period Ending: Amt. Paid to Prime: 

Contact Person: Telephone#: ( ) Fax#: ( ) 

SUBCONTRACTING INFORMATION 

TO BE SUBMITTED TO BROWARD COUNTY OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 

CBE Subcontractor Address Description of Work Original Agreed 

Price 

Revised 

Agreed Price 

% of work 

Completed to 

Date 

Amount Paid 

This Period 

Amount Paid To 

Date 

Total Amount Paid to Subcontractors to Date: 

I certify that the information submitted in this report is in fact true and correct to the best of my knowledge 


Note: The information provided herein is subject to verification by the Office of Economic and Small Business Development. 

OESBD Compliance Form 2009-MUR-F

SCHEDULE OF (CBE) PARTICIPATION 

(Submit this form with an executed Letter of Intent from each CBE firm listed in this form) 

Exhibit 2 

Page 376 of 379 

Bid/RLI/RFP #: Project Location: Date Form Submitted: 

Project Name: 

Project Start Date: 

Prime Contractor: 

Address: 

Contact Person: Telephone #: Fax #: 

CBE Subcontractor 

CBE Expiration 

date 

Address 

Phone 

Type of Work to be 

Performed 

Sub-contract Amount 

(Agreed Price ($) or 

Percentage (%) 

Total CBE Participation 

Total Contract Amount 

CBE Subcontractor Participation Percentage % 

(Total amount allocated to CBEs divided by Total Contract Amount) 

The listing of a CBE shall constitute a representation by the bidder/responder to Broward County that such CBE has been contacted and properly apprised of the 

upcoming County project. Bidders/Responders are advised that the information contained herein is subject to verification by the Office of Economic and Small 

Business Development (OESBD) and that submission of said information is an assertion of its accuracy, per the requirements of the OESBD Program. 

I certify that the above information is true to the best of my knowledge: 


THIS DOCUMENT MUST BE PROVIDED WITH THE SUBMITTAL AND SIGNED BY THE PERSON SIGNING THE SUBMITTAL 

OESBD COMPLIANCE FORM 2009-SOP

Exhibit 2 

Page 377 of 379 

CBE 

UNAVAILABILITY REPORT 

RLI/BID NO. _______________________ 

______________________________________________________________________________ 

(NAME OF PRIME CONTRACTOR) (ADDRESS) (TELEPHONE NO.) 

The undersigned representative of the Prime Contractor personally appeared before the 

undersigned officer authorized to administer oaths who after being duly sworn states that the 

undersigned has contacted the CBEs listed below and that said CBEs are unavailable to perform 

or submit a bid which was not the low acceptable bid set forth and that the following information 

regarding CBE subcontractors is true and correct to the best of his/her knowledge: 

1. The following CBE contractors were invited to bid subcontract work, but were not 

available to work. (Attach list if necessary.) 

Name 

______________________________________________________________________ 

______________________________________________________________________ 

2. The following CBE contractors were invited to bid subcontract work, but did not respond 

to the invitation. (Attach list if necessary.) 

Name 

______________________________________________________________________ 

______________________________________________________________________ 

3. The following CBE contractors submitted bids which were not the low acceptable bids. 

(Attach list if necessary.) 

Name 

______________________________________________________________________ 

______________________________________________________________________ 

If you did not get any responses to your solicitation of CBE contractors, please detail your efforts to 

recruit eligible firms, i.e., advertising, personal calls, mailing lists, etc. Information provided will be 

verified. Attach all supporting documents such as newspaper ads, phone lists, mailing lists, etc. 

Signature: ____________________________ 

Date: ________________________________ 

Title: 

_______________________________ 

OESBD Compliance Form 2009-URF

Exhibit 2 

Page 378 of 379 

Form 11 

Weekly Time Sheet 

(Must Contain the Following Information) 

Employee Name: 

Project Name: 

Authorization No.: 

NTP Date: 

Invoice #: Week Ending 9/18/2010 

Vendor Name 

Vendor Code: 

Vendor Address 

DATE SUN MON TUES WED THUR FRI SAT TOTAL 

HOURS MULT. RATE TOTAL 

TITLE 9/11 9/12 9/13 9/14 9/15 9/16 9/17 

AMOUNT 

0.00 $0.00 

0.00 $0.00 

0.00 $0.00 

0.00 $0.00 

0.00 $0.00 

0.00 $0.00 

Description of Services Performed 

Total $0.00 

SUN 9/11 

MON 9/12 

TUES 9/13 

WED 9/14 

THUR 9/15 

FRI 9/16 

SAT 9/17

Exhibit 2 

Page 379 of 379 

CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS & VENDORS 

Project Title Terminal 4 Gate Replacement 

RLI No. R0787918R1 

The undersigned CONTRACTOR for the referenced project hereby swears under 

penalty of perjury that: 

1. CONTRACTOR has paid all subcontractors all undisputed contract obligations 

for labor and services, provided on this project in accordance with this 

Agreement, except as provided in paragraph 2 below. 

2. The following subcontractors have not been paid because of disputed contractual 

obligations; a copy of the notification sent to each, explaining the good cause 

why payment has not been made, is attached to this form: 

Subcontractor name and address Date of disputed invoice Amount in Dispute 

Dated _____________, 20___ 

STATE OF ______________ 

COUNTY OF ____________ SS. 

By _________________________________ 

(Signature of Contractor Authorized Representative/Office) 

By ________________________________ 

(Name and Title) 

The foregoing instrument was acknowledged before me this ________ day of 

__________________, 20__, by _____________________________ who is personally 

known to me or who has produced _____________________ as identification and who 

did/did not take an oath. 

WITNESS my hand and official seal, this ______ day of ___________, 20__. 

(NOTARY SEAL) 

(Serial number, if any) 

My commission expires: 

_________________________________ 

(Signature of person taking acknowledgment) 

_________________________________ 

(Name of officer taking acknowledgment) 

typed, printed or stamped 

__________________________________ 

(Title or rank)

AGREEMENT between BROWARD COUNTY and Cummings ...

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