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AGREEMENT between BROWARD COUNTY and Cummings ...

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Exhibit 2<br />

Page 23 of 379<br />

Terminal 4 Gate Replacement – Western Expansion<br />

CA when the requirements of the Contract Documents or Baseline Schedule are not being<br />

met by CONTRACTOR.<br />

5.6 The <strong>COUNTY</strong> will be assisted by PMO <strong>and</strong> CPM in the areas of on-site review of work in<br />

progress, review of pay requests submitted by the CONTRACTOR, assisting in the<br />

interpretation of the intent of the Contract Documents for the proper execution of the Work,<br />

<strong>and</strong> such other assistance as the <strong>COUNTY</strong> may request.<br />

ARTICLE 6 - TERM OF <strong>AGREEMENT</strong>/TIME FOR PERFORMANCE/LIQUIDATED DAMAGES<br />

6.1 Contract Time:<br />

6.1.1 CONTRACTOR shall be instructed to commence the Work by written instruction in<br />

the form of a Purchase Order issued by <strong>COUNTY</strong>’s Director of Purchasing <strong>and</strong> a<br />

NTP issued by the CA. Multiple NTP's will be issued during the project <strong>and</strong><br />

CONTRACTOR shall only proceed with work that has been authorized by issuance<br />

of a NTP by the CA. The first Notice to Proceed <strong>and</strong> Purchase Order will not be<br />

issued until CONTRACTOR’s submission to <strong>COUNTY</strong> of all required documents (i.e.<br />

bonds for early construction work <strong>and</strong> pre-construction, if applicable <strong>and</strong> insurance,<br />

both OCIP <strong>and</strong> non-OCIP) <strong>and</strong> after execution of the Agreement by both parties. No<br />

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

for herein. No time extensions for permitting process delays shall be granted for<br />

delays caused by actions, inactions or negligence of the CONTRACTOR.<br />

6.1.2 The receipt of all necessary permits by CONTRACTOR, is a condition precedent to<br />

the issuance of the NTP for the GMP work to mobilize on the Project site <strong>and</strong><br />

commence physical construction work. The Work to be performed pursuant to the<br />

NTP for the GMP work shall commence as of the Project Initiation Date specified in<br />

said NTP.<br />

6.1.3 CONTRACTOR shall provide CPM with a construction schedule, developed in accordance<br />

with Division 1 Specifications, indicating specific dates by which completed drawings <strong>and</strong><br />

permits must be received by CONTRACTOR to ensure the uninterrupted progress of the<br />

Work in order to complete the Project as scheduled. The CONTRACTOR shall revise the<br />

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

by the CA.<br />

6.1.3.1 All schedules shall contain a list of subcontractors known at the time the<br />

schedule is submitted. Review <strong>and</strong> acceptance of the schedules does not<br />

constitute an approval of the schedule task relationships or task durations,<br />

or otherwise affect the CONTRACTOR’s sole responsibility for the schedule<br />

<strong>and</strong> means <strong>and</strong> methods of construction.<br />

6.1.3.2 All schedules must be accompanied by a detailed narrative which shall<br />

include but shall not limited to, explanations of phasing, access to the site,<br />

maintenance of security, temporary construction, protection during<br />

construction, commissioning of equipment <strong>and</strong> maintenance of traffic. The<br />

CM @ Risk Agreement R0787918R1 Page 22 of 85

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