AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
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Terminal 4 Gate Replacement – Western Expansion
2.27 Plans or Drawings: The official graphic representations of the Project which are a part of the
Contract Documents.
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.
CM @ Risk Agreement R0787918R1 Page 10 of 85