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HomeMy WebLinkAboutscope of services1.1 EXHIBIT B AEP III SCOPE OF SERVICES BASIC SERVICES Program Manager shall provide overall organizational management of projects within the scope of work as described in Exhibit A or work outside the scope as agreed to by both parties. The Program Manager shall manage the Project budgets, scope and schedules as well as minimize impacts on on -going Airport activities, utilizing standard COUNTY and BCAD procedures. 1.1.1 Project Definition Program Manager shall review all planning studies related to AEP 3 and shall maintain configuration control and verification of the elements that make up the projects in Exhibit A. The Program Manager shall provide controls to meet the requirements of Fort Lauderdale/Hollywood International Airport and other related agencies such as Port Everglades, FDOT, FAA and all permitting authorities. 1.1.2 Budget Coordination Program Manager shall assist the FINANCIAL MANAGER by providing information on Project status, schedule progress, etc. to assist in projecting future cost for the work that has been encumbered based on current status, and to comply with budget requirements being met based on total projected costs. 1.2 PROGRAM CONTROL SERVICES Program Manager shall implement program controls functions to direct and organize the work. The control functions shall include development and maintenance of a master schedule, cost control and budget management, implementation of a program management control system (PMCS) to be approved by the County prior to implementation, document control and monthly reporting. Program Manager represents that the personnel provided to the County are and will be experienced qualified personnel familiar with all aspects of the position to which assigned and thoroughly familiar with the PMCS to be utilized on the Program. Program Manager shall provide a Draft Program Management Plan for approval by the County within 30 days of the award of the agreement. 1.2.1 Schedule Control Program Manager shall develop a Master Program Schedule (Master Schedule) that meets the objectives of BCAD and identifies the Projects major components as referenced in Exhibit A and shall also identify other projects that will have impact or interface with the major Projects. The Program Manager shall assist Architects, Consultants, Contractors and other Program Participants in developing detailed Project Schedules that support the Master Schedule. The Master Schedule shall integrate administrative, design, pre -construction, construction, post -construction and closeout information and shall serve as the highest level of scheduling for the program goals. The Program Manager shall also utilize the approved Master Schedule as the basis for the Program Manager's staffing plan. The Program Manager shall also maintain detailed Project Schedules that reflect activities at the project level such as critical interim milestones, detailed design activities that relate to deliverables required for the permit process and other agency review, the shop drawing submission and review process, detailed construction activities such as the procurement process for long lead items and owner furnished material, inspection, testing and acceptance dates and dates that relate to substantial completion and final acceptance. The Master Schedule will be updated weekly and will be submitted to BCAD on a monthly basis or as project conditions require. 1.2.2 Cost Control & Budget Management Program Manager shall assist the Financial Manager by providing construction cost information on active projects. The Program Manager shall develop and maintain a construction cost report that summarizes the status of the project budget, commitments against the budget, changes to the commitments, the estimated cost of the project at completion and any known forecasted risk. The Program Manager shall utilize the Program Management Control System as the reporting software for the construction cost report. Program Manager shall coordinate cost reporting with the County's financial management system (currently Advantage by AMS). Program Manager shall perform a monthly reconciliation to the County's systems and provide the County with a report of the results. The Program Manager shall work with BCAD to establish a change order procedure and report form that controls and reports on change orders and that will be coordinated with and be reflected in the construction cost report. The Program Manager shall utilize the Program Management Control System to maintain the change order status report. Program Manager coordinates it's activity with LGFS and reports and reconciles the Program Manager's system to the County's system. 1.2.3 Program Management Control System (PMCS) Program Manager shall implement an interactive networked application system that will serve as an accessible, collaborative system. The system shall allow project teams to utilize a common database of information for documents and images. The PMCS shall provide functions that allow for project identification and reporting at a glance, daily inspection reports, journals and fogs, field orders, project plans and specifications, requests for information (RFI's), submittals, shop drawing and shop drawing logs, punchlists, file uploads and links to other relative data such as codes and regulations, reports and queries. The Program Management Control System shall also be used to manage and report on construction costs. 1.2.4 Document Control Program Manager shall implement and maintain a document control system that will track, log and file ail documents produced and received by the program. The document control system will utilize an electronic file management system for document retrieval and queries. Documents produced in hardcopy including reports, incoming and outgoing correspondence at all levels of the program shall be maintained in file cabinets. 1.2.5 Monthly Reporting In a format acceptable to the County, the Program Manager shall record the progress of the Program/Projects and submit written progress reports to the County on a monthly basis. Monthly reports will include, at a minimum, overall program status by project, critical project elements, financial data reflecting budget, commitments, changes and activities, and other data, which may be requested by the County, for the reporting period. The monthly report will also address project schedule status. All financial data contained in the monthly report will be reconciled to the County's financial system. The monthly report will be produced on both electronic media (cd-rom) and as a hardcopy document. The monthly report will be distributed in accordance with directions from the County. This report is in addition to services required for Financial Manager's report. The monthly report shall be produced at two levels, an executive level for distribution to Broward County and BCAD senior management and a detailed report for distribution within the Program Management and BCAD staff in accordance with the County's directions. 1.3 1.3 DESIGN MANAGEMENT SERVICES Program Manager shall assist the County in the management of the various design contracts for the Airport Expansion Program. In performing these services Program Manager shall coordinate activities of engineers and architects in the development and production of plans and specifications for the individual projects. Program Manager shall assist the County in oversight of the design consultant's activities and will provide leadership with respect to the implementation of design management procedures by all parties. 1.3.1 Program and Proiect Definition Services Program Manager shall provide program and project definition services resulting in a report that defines the proposed project and the interface of that project within the overall AEP Program, if applicable. The report shall include a statement of need for the project, the objective, the requirement and any important interfaces. The work will include planning efforts necessary to define the project so that conceptual order of magnitude cost estimates can be prepared and included. Any special operational requirements shall also be defined. The report will also serve as a scope document for A/E contracting. 1.3.2 Procurement of Design Services Program Manager shall assist the County with preparation of RLI's and contract documents for various Program Elements within Exhibit A. The Program Manager shall assist the County in the timely procurement of professional design services as required to complete each project. Program Manager shall assist BCAD with the evaluation of all responses to RLI's. Service shall include but may not be limited to: assemblage of documents for distribution, preparation of objective evaluation matrices for use by the selection and negotiating committee (SNC) members, reference checks, requesting follow-up responses from proposers, coordinating SNC activities, technical analysis, and administering amendments. Work effort shall be provided in a timely manner consistent with the selection and negotiation schedules for each procurement. Following selection of an Architect/Engineer for a project the Program Manager shall review all planning documents and other reports and documents as designated by BCAD to determine that the scope of work is adequate as a basis for programming and concept development of the project by the Architect/Engineer. Program Manager shall also consider physical, functional and operational interfaces for each project. Program Manager shall manage and document all interfaces requirements and provisions between different projects within Exhibit A. 1.3.3 Consultant Invoice Review Program Manager shall review consultant invoices and compare actual work done to what is being invoices. If work performed is consistent with the invoiced amount Program Manager shall recommend payment by the County. Program Manager shall request revisions or additional information regarding consultant invoices as may by necessary or as required by the County. Program Manager shall also review consultant requests for additional fees and advise on the appropriateness thereof. Program Manager will review consultant's invoices to assure that work complies with County policies. 1.3.4 Standards for Construction Plans Program Manager shall require the Architect/Engineer to submit a CAD Plan for review and approval. The CAD Plan shall provide a common basis for the development and transfer of CAD data. The CAD Plan shall take advantage of any existing standards presently in use by BCAD. AUTOCAD, Version 12 or the most recent release, will be used for this purpose. All construction documents and . the record drawings shall be produced based on the approved CAD Plan. Should County choose the optional Service for Resource Manual, the Program Manager will maintain and update such Manual. Each project will have a Project Definition Report that customizes information found in the Resource Manual. 1.3.5 Design Review Program Manager shall establish periodic reviews of the Architects plans and specifications for all phases of the design process. Program Manager shall ensure that the configuration and vision of the original approved concepts are retained into the design process. Program Manager shall coordinate between the Architect and BCAD to promote a - free flow of information on design of the specific projects. Formal design reviews will be accomplished at the conclusion of the Schematic and Design development and the Construction Documents phase. Program Manager shall schedule and coordinate design meetings as a means to facilitate the exchange of information and resolution of design issues resulting from the review process. Where FAA Grant Funding is being used to fund specific projects the Program Manager shall obtain, from each design consultant, an executed FAA Sponsor Certificate for project plans and specification. Program Manager shall assume responsibility for leading all design reviews and will provide a written report with comments and recommendations that address the design's conformance to established criteria and the intended use for the program element. Written reports will be prepared for each project and each review. Any required remedial action resulting from design reviews will be initiated by the Program Manager and implemented by the Architect/Engineer. Program Manager shall participate in maintainability reviews of systems and equipment during the design phase to determine that the designed and specified materials and equipment adequately provide maintainability, reliability and that it will be compatible with existing Airport systems and equipment. Program Manager shall periodically review the plans for constructability. These reviews shall include compatibility of materials and equipment, phasing and staging of work activities availability of specified element and interdisciplinary coordination. 1.3.6 Design Cost Estimating Program Manager shall develop a format that identifies deliverables and establishes payment of fees for the principal phases of the design process, prior to the establishment of the design estimate. The format shall be acceptable to BCAD and the Financial Manager as well as the Program Manager. 1.3.7 Design Estimating Program Manager shall provide estimates at the conclusion of the Schematic Design and the Design Development phases performed Design Development Estimate will be accompanied by a report to BCAD, the Financial Manager and appropriate design consultants identifying variances with the original budget for Projects and making recommendations for appropriate corrective action, if required. 1.3.8 Tenant Coordination Program Manager shall coordinate with occupants and future occupants of facilities during the design stage including BCAD employees and other tenants as requested by BCAD. The purpose of this coordination during the design phase is to ensure compliance with tenant's requirements and intended use. 1.3.9 Agency Coordination Coordinate approval, by appropriate Broward County Departments, FDOT, FAA and other coordinating agencies, of project plans and specifications and verify that project design consultants secure all necessary permits. Program Manager shall work with Agencies to expedite reviews and approvals to the extent reasonably possible. Program Manager shall assist in securing and transmitting appropriate documents to the various approval agencies outside of the control of the County, at the appropriate times. 1.3.10 Design Phase Schedules Program Manager shall routinely monitor the design phase schedule and make reports to BCAD and design consultant. Program Manager shall advise the design consultants and COUNTY when potential or actual constraints to the schedule become apparent, and make recommendations for corrective action. 1.4 CONSTRUCTION MANAGEMENT SERVICES Program Manager shall monitor the contractor's control and expediting of the construction work to completion of the construction phase of each Project as part of the overall Program. Projects will be completed within the approved time frame and within the estimate of construction cost of the individual Projects. Program Manager shall also be responsible for quality assurance of the construction work in accordance with the Plans and Specifications. 1.4.1 Safety Program Manager shall be responsible for reviewing the approved Contractors Safety Plan and for assisting the Owner Controlled Insurance Program's (OCIP) Safety Manager. Program Manager shall conduct monthly safety inspections to verify the Contractor's adherence to the approved safety plan. Program Manager shall conduct more frequent inspections of those Contractor's that are not in compliance with the approved plan. Program Manager shall notify the County of any observed inadequacies in Contractor's safety programs and shall notify the COUNTY of instances of noncompliance apparent during Program Manager's inspection. Program Manager's responsibilities for review and coordination of construction safety program shall not extend to direct control over or charge of the acts or omissions of Contractors or any persons not directly employed by Program Manager. Program Manager shall coordinate the availability of temporary Project facilities, equipment, materials and services for common use of Contractors. 1.4.2 Bidding Procedures Program Manager shall utilize, the Invitation to Bid, the Form of Proposal, the General Conditions, the Supplementary Conditions and the Special Conditions for the contracts for construction prepared for BCAD and with COUNTY approval. These shall include FAA mandatory contract provisions. Program Manager shall make recommendations for prequalification criteria for bidders and develop bidders' interest in the Project in conformance with Broward County procurement policies and procedure's Program Manager shall establish bidding schedules and assist Architect/Engineer and the COUNTY in issuing bidding documents to bidders and conducting pre -bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials or methods, Program Manager shall assist Architect/Engineer and the COUNTY with the receipt of questions from bidders, issuance of addenda, preparation of bid analyses and making recommendations to the COUNTY for award of Contracts or rejection of bids. Program Manager shall assist the County in; preparation of Requests for Letters of Interest (RLI), the evaluation of responses received in reply to RLI including but not limited Statements of Qualifications and Technical Evaluations, in the preparation of documents for presentation to the County's Selection Negotiation Committees (SNC), and in the presentations to SNC's, and other assistance as required by the County. Services include coordination activities of County staff, providing necessary documentation, technical evaluations, qualification reviews and submittals. The Program Manager shall review the Supplementary Conditions and Special Conditions that are tailored to meet specific project requirements and construction sequencing requirements prepared by the Program Manager. 1.4.3 Permits Program Manager shall assist the COUNTY in obtaining building permits and special permits for permanent improvements, excluding permits that Contractors are required to obtain. Program Manager shall advise the COUNTY and the FINANCIAL MANAGER when possible in advance of any applicable fees and assessments required to be paid by the COUNTY and the date payment is due. 1.4.4 Construction Contracts Program Manager shall review standard Broward County construction contracts and make recommendations for their modification in areas relating to Program Management as it applies to the specific construction contract in question. The General Conditions will contain various construction time/cost control provisions for each construction phase, which in general will provide better control and options to expedite the construction utilizing the presence of the Program Manager. 1.4.5 Project Administration Program Manager shall provide administrative, management and related services as required to coordinate the work of the Contractors with each other and with the activities and responsibilities of BCAD and Architect/Engineer to complete the Projects in accordance with BCAD's objectives for cost, time and quality. Program shall provide administration of the Construction Contract for each Project as set forth below and in the General Conditions of the Construction Contract. Program Manager shall administer all such Contracts to achieve completion of the work in accordance with Contract Documents, the approved Budget and the approved Schedule. 1.4.6 Contract Administration Program Manager shall advise on the separation of the Projects into Contracts for all categories of work and shall recommend to BCAD on the method to be used for selecting construction contractors and awarding contracts. Program Manager shall review substitution proposals submitted by Prime Contractors during the bidding and construction phases of each Project and shall evaluate each proposal on the basis of function and value and after consultation with Architects/Engineers shall recommend action on the proposed substitution to the BCAD and Architect/Engineer for final decision by BCAD. Program Manager shall recommend necessary or desirable changes to Architect/Engineer and the COUNTY, review all requests for changes, assist in negotiating Contractor's proposals for changes, submit recommendations to Architect/Engineer and the COUNTY, and prepare Change Orders for the COUNTY's approval. 1.4.7 Bid -Award and Construction Contract Administration Program Manager shall review the work to be accomplished under the Program and advise BCAD on contracting strategies that will optimize the number and scope of construction contracts and take advantage of economics, phasing and sequencing of construction activities. Program Manager shall make recommendations to BCAD on methods to be used to select, evaluate and recommend contractors. Program Manager shall manage, administer and coordinate the County's RLI process and SNC process including Issuance of amendments. Services included are, but not limited to, RLI advertisements, proposal evaluations, reference checking, technical analysis and any presentations to the SNC. Should the County choose to design and/or construct Projects under either Managing General Contractor or Design/Build Contractor approach, the Program Manager will provide RLI and SNC support services as indicated above and assist the County in all means possible so it can select and contract in the best interests of BCAD. Program Manager shall establish a date within the procurement period for the purpose of conducting a Pre -Bid Conference to provide a means for all bidders to make site visits, ask questions and review the contracting requirements with BCAD and to receive a briefing from the design consultant. Program Manager shall work with the design consultant to release any required addends and to ensure that any required changes are incorporated into the plans and specifications. After bids are received the Program Manager shall assist BCAD with the review of the most responsive bids to ensure compliance with Broward County Procurement Policies including responsiveness to the SDBE, participating subcontractors, adherence to bid package work scope, general conditions, review of unit prices, base bids or Guaranteed Maximum Price (GMP). Once review is completed, the results shall be complied on a Bid Comparison Sheet containing all bids tabulated, including any acceptable substitutions, additive or deductive altemates with recommendations to BCAD for award. In the event the Project is a GMP Program Manager shall review all recommended trade contractor bids received by the managing general contractor and shall issue an Award Letter signed by the Program Director and the Contract Administrator. Program Manager shall continuously monitor the construction contract to ensure the contractors compliance to all provisions. Any deviations or breaches of the contract will be immediately responded to and reported to the Contract Administrator. 1.4.8 Contractor's Application For Payment The approval of a Contractor's Application for Payment by Program Manager shall constitute a representation made by Program Manager to BCAD, based on its observations at the site and the data comprising the Application for Payment that the work has progressed to the point indicated and that to the best of their knowledge, information and belief, the quality of the work is in conformance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or perforated under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in its Certificate); that Contractor is entitled to payment in the amount certified; that Program Manager has received lien waivers or consents of sureties from Contractor and its Subcontractors through the date of the last prior payment; and that the portion of the Contract Sum remaining is sufficient to complete the work in accordance with the Contract Documents. Program Manager may withhold or nullify a Certificate in whole or in part, to the extent necessary reasonably to protect the COUNTY, as set forth in the General Conditions of the Contract. Program Manager shall verify quantities incorporated in the work by actual measurements and calculations and shall record computations in a computer -aided form as required by BCAD or FAA. Program Manager shall forward Contractor's Applications for Payment to BCAD and Financial Manager upon completion of review and recommendation. Program Manager shall either (i) approve the Contractor's Application for Payment for such amount as Program Manager determines is properly due and recommends that the COUNTY pay, or (ii) notify Contractor in writing the reasons for withholding approval as provided in the Generat Conditions of the Contract and consistent with the Counties prompt payment ordinance. 1.4.9 Change -Order Processing Program Manager shall prepare and make available, in both electronic and printed formats, distribute a change order report for each construction contract on a monthly basis throughout the duration of each project. Such report will provide specific Change Order information pertaining to proposed and executed contract price as of the date of each report, with content and format acceptable to the County. Program Manager shall process all change orders in a manner consistent with the Program Management Plan and approved procedure. The change order procedure shall include a through review of the merits of the change based on the contract documents, review of the contractor's requested cost that includes an estimate performed by the Program Manager or by an independent estimating firm as a comparative check of the contractors cost. The Change Order Package shall also include a complete record of the negotiations that determined the final cost and copies of any drawings or sketches produced by Architect/Engineer or Program Manager and any additional instructions or data that is related to the change. Program Manager shall certify Change Orders prior to execution by the Contract Administrator. Certification shall include a review and determination of the type of change that is being recommended, that the change will not exceed the Contract Administrator's Change Order Allowance in terms of money or authority and that the change does not exceed the Project budget or available funding. Program Manager will closely monitor Change Order work and costs to ensure that neither the work nor the funding authorized under the Change Order is exceeded. 1.4.10 Time & Material Change Order Records In instances where change order work is to be done on a time and material basis, Program Manager shall maintain Time & Material records on a daily basis to determine the actual cost and time required for the change order work. These change orders will generally be characterized as Unilateral or Estimated. 1.4.11 Schedule of Values For those contracts other than unit price, Program Manager shall review and reconcile the contractor's schedule of values for each of the activities. 1.4.12 Variances Program Manager shall identify variances between actual and budgeted or estimated costs on each Project, and shall advise the COUNTY, Financial Manager and Architect/Engineer whenever projected costs exceed budgeted or estimated costs, or other level of measurement to be provided by the County for the Project, and to include the estimated cost of time. 1.4.13 Site Inspections Program Manager shall inspect the site of each Project at intervals appropriate to the stage of construction, or as otherwise agreed by Program Manager and the COUNTY, in writing, to observe the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract Documents in order to prevent defects and deficiencies in the work. Program Manager, shall monitor the work of each of the Contractors for the purpose of achieving satisfactory performance from them and to determine the adequacy of personnel and equipment and the availability of materials and supplies to meet the approved Project Schedule. Program Manager shall schedule periodic meetings with Contractor and Architect/Engineer for review of work done, planning, and the resolution of any questions or issues that may arise with respect to the work. • Program Manager shall not have control over construction means, methods, techniques, sequences and procedures employed. by Contractors in the performance of their Contracts. PROGRAM Manager shall provide on -site representation, observation, and inspection for all construction in the Project. PROGRAM MANAGER shall maintain an overall plan for development of the Project. 1.4.14 Non -Conforming Work On the basis of its observations, Program Manager shall keep the County informed of the progress and quality of the work and shall institute procedures for deficiency notices. If at any time Program Manager observes or otherwise becomes aware of any fault or defect in the Project, or any non-conformance with the Contract Documents, Program Manager shall promptly and in writing notify the Contractor and Architect/Engineer and the County, and shall promptly take all reasonable steps to correct such fault, defect, or non-conformance. Subject to review by Architect/Engineer, Program Manager shall reject work, which does not conform to the requirements of the Contract Documents. At the outset of each Project, an inspection and testing plan based on the Contract Documents shall be developed by Architect/Engineer and/or Contractor, and shall be reviewed and approved by the Program Manager prior to and implemented. As appropriate, Program Manager shall require special inspection or testing, or make recommendations to Architect/Engineer regarding special inspection or testing of work over and above the provisions of the Contract Documents whether or not such work is then fabricated, installed or completed. Program Manager shall assist the COUNTY in selecting and retaining the professional services of surveyors, special consultants and testing laboratories for testing to be performed by the COUNTY or Program Manager and shall monitor all inspection and testing performed by Architect/Engineer (see Section 1.4.1.6 Quality Assurance). PROGRAM MANAGER shall institute procedures for deficiency notices to highlight non -conforming Work, review plans for remedial action, and document acceptance of the Work. The performance of such observations, however, shall not relieve Contractor of its responsibility to perform all work in accordance with the Contract Documents. 1.4.15. Project Documentation Program Manager shall direct the preparation and submission of all Project documents to the COUNTY for review, approval and execution, as required, specifically and appropriately for each different type of documentation including without limitation, Certificates of Insurance, Project Budgets, Contracts, Change Orders, Progress Payments, Shop Drawings, Product Data, Samples and other submittals as required by the Contract Documents. Program Manager shall receive from the Contractors all Shop Drawings, Product Data, Samples and other submittals from Architect/Engineer for review and recommendation for approval. 1.4.16 Quality Assurance Within 30 days after the approval of the agreement the Program Manager shall establish a quality assurance program, which will be an integral part of and built into the processes of Design Management and Construction. The quality assurance program will be maintained continuously and will incorporate specific detailed procedures and method for future use by all project designers contractors and suppliers. The system will be based on specific, quantifiable and written descriptions of the level of "quality' required for the Project, in the design phase as set forth in the Project Definition Manual Documents. 1.4.17 As -Built Drawings Program Manager shall verify, by review at least quarterly, that each Contractor maintains at the Project site, on a current basis, one record copy ("as -built") of all drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and all Shop Drawings, Product Data and Samples. At the completion of the Project, Program Manager shall coordinate delivery of all such documents to the COUNTY. During the course of construction, Program Manager shall regularly monitor the maintenance of the field record drawings for each assigned Project. Program Manager shall periodically, but at least quarterly, request Architect/Engineer to review the record drawings for clarity and completeness. 1.4.18 Substantial Completion Following Architect/Engineer's recommendation that Substantial Completion of a Project has been achieved, Program Manager, in concert with Architect/Engineer, shall inspect the work and prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, state the responsibilities of the COUNTY and the Contractor for security, maintenance, heat, utilities, damage to the work, and insurance. Program Manager shall determine if required, the time within which Contractor shall complete to the satisfaction of the Program Manager, BCAD and the architect/engineer the items included in the punch list or any other uncompleted work items. After notification from Contractor that all work, including ail punch list items, is complete, Program Manager shall assist Architect/Engineer in conducting final inspections. 1.4.19 Proiect Close -Out and Testing Program Manager shall ensure that milestone activities relating to Testing and Inspection of Project systems, warranties, guarantees and close out inspections are made part of the detail project schedule. Testing & Inspection of systems shall be coordinated with Architect/Engineer and the COUNTY'S maintenance personnel. Program Manager shall observe Contractors' checkout of utilities, operational system and equipment for readiness and shall assist in their initial start-up and testing. Program Manager shall set up all training programs conducted by Contractors and shall co-ordinate the training programs in order for the COUNTY' s personnel to have a complete understanding of the operations of all facilities and systems. 1.4.20 Final Certificate of Payment Upon final inspection of a Project by Architect/Engineer and Program Manager, Program Manager shall promptly recommend a final Certificate for Payment recommending to the COUNTY that final payment be made and stating that, to the best of Program Manager's knowledge, information and belief, and on the basis of its observations and inspections, the work has been completed in accordance with the terms and conditions of the Contract Documents noted in said Final Certificate, is due and payable. Program Manager's issuance of a Final Certificate for Payment shall constitute a further representation by Program Manager that the conditions precedent to Contractor's being entitled to a final payment have been fulfilled. Program Manager shall secure and transmit to BCAD required warranties, guarantees, affidavits, releases, bonds and waivers, and deliver all keys, manuals, record drawings, maintenance manuals, and any other documents pertinent to the structure or facility to BCAD. Neither the final payment nor the remaining retained percentage on any Project shall become due until Contractor submits to Program Manager (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the COUNTY or its property might in any way be responsible or subject to lien, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment, (3) if required by the COUNTY, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the COUNTY, and (4) any governmental approvals which may be reasonably required. If any subcontractor refuses to furnish a release or waiver required by the COUNTY, Contractor may furnish a bond satisfactory to the COUNTY to indemnify it against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to the COUNTY all moneys that the latter may be compelled to pay in discharging such Tien, including ail costs and reasonable attorneys' fees. 1.4.21 Claims Prevention and Settlement Claims, disputes and other matters in question between Contractor and the Architect/Engineer relating to the execution or progress of the work or the interpretation of the Contract Documents shall be referred initially to Program Manager for decision, which it shall render, in writing within the time specified in Architect/Engineer and Contractor's contracts. Program Manager shall immediately notify BCAD in writing of any claim, dispute or other matter in question, which may affect the Contract Time or the Contract Sum. In addition, Program Manager shall identify potential disputes, claims, prepare evaluation and analysis of claims and disputes, and recommend action. 1.5 SMALL DISADVANTAGED BUSINESS ENTERPRISE AFFIRMATIVE ACTION PROGRAM Within thirty (30) days after the approval of the agreement the Program Manager shall develop and implement, subject to approval by the County a small disadvantaged business enterprise (SDBE) affirmative action program that will be described in the Program Management Plan (PMP). The detailed affirmative action plan will be specifically described and submitted to the County Office of Employment Opportunity (OEO) for approval. 1.5.1. SDBE Affirmative Action Plan Contents The SDBE Affirmative Action Plan will provide for: a. Meaningful SDBE subconsultant and subcontractor participation. b. Establishment of an effective mentoring program, to be approved by the County, which addresses a transfer of skills from successful firms to small SDBE firms. c. Establishment of a Plan Room with specifications and bid packages for use by SDBE's during bidding periods. d. Utilize a student internship college assistance program. e. Maintain a construction bid package philosophy, which will enhance the minority community's opportunity to obtain construction work. f. Establish a proactive development assistance program to assist in development of capabilities of the SDBE's that are sub -consultants or sub -contractors working on the Program. g. Identification or verification of applicable requirements for equal opportunity programs for inclusion in the proposed contract documents for each Program Element. 1.5.2. SDBE Reporting Program Manager shall compile, in a manner and format acceptable to the County, program reports prepared by consultants and contractors and shall forward a summary to the County Administrator and the COUNTY Office of Contract Compliance on the progress of SDBE participation and compliance on a quarterly basis. Program Manager shall develop a program to actively monitor Contractors/Consultants SDBE performance so as to provide early warning of non -achievement of goals to the Contractor, Consultant, and the County.