AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 13 of 379
Terminal 4 Gate Replacement – Western Expansion
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
CM @ Risk Agreement R0787918R1 Page 12 of 85