AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 21 of 379
Terminal 4 Gate Replacement – Western Expansion
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.
CM @ Risk Agreement R0787918R1 Page 20 of 85