AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 25 of 379
Terminal 4 Gate Replacement – Western Expansion
calendar days of the Substantial Completion date, CONTRACTOR shall pay the
COUNTY the sum of five hundred dollars ($500.00) for each calendar day. These
amounts are not penalties but are liquidated damages paid to COUNTY for its
inability to obtain full beneficial occupancy of the Project. Liquidated damages are
hereby fixed and agreed upon between the parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by COUNTY as
a consequence of such delay, and both parties desiring to obviate any questions of
dispute concerning the amount of said damages and the cost and effect of the failure
of CONTRACTOR to complete the Agreement on time.
6.1.6 The CA is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the work under this Agreement or as much thereof as the CA
may, at its sole option, deem just and reasonable.
6.1.7 Extensions to the Contract Time for delays caused by the effects of extraordinary
adverse weather shall be submitted as a request for change in Contract Time
pursuant to Section 6.5. These time extensions are justified only when extraordinary
adverse weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing critical path activities, identified on the
accepted Baseline Schedule or updates, resulting in the CONTRACTOR being
unable to work at least fifty (50%) of the normal workday on Critical Path activities for
three or more consecutive days.
6.2 The CA through the PMO and CPM may direct the CONTRACTOR to expedite the Work by
whatever means the CONTRACTOR may use, including, without limitation, increasing
staffing or working overtime to bring the Work back within the Baseline Schedule. If
expediting the Work is required due to reasons within the control or responsibility of the
CONTRACTOR, then the additional costs incurred shall be absorbed by the CONTRACTOR
without issuing a CPEAM from the CONTRACTOR’s Contingency account. If the expediting
of Work is required due to reasons outside the control or responsibility of the
CONTRACTOR, then the additional costs incurred shall be the subject of an appropriate
adjustment issued pursuant to Section 7.3 or Section 7.4, herein as applicable.
6.3 Substantial Completion Date: When CONTRACTOR considers that the Work, or portion
thereof designated by the CA pursuant to Section 6.4 herein, has reached Substantial
Completion, CONTRACTOR shall so notify CA, PMO, CPM and Consultant in writing with a
comprehensive list of items to be completed or corrected by CONTRACTOR. CPM and
Consultant shall then promptly in accordance with Division 1 Specifications make a
preliminary inspection of the Work. When CPM, on the basis of the preliminary inspection,
determines that the Work or designated portion thereof is substantially complete, PMO will
notify the CA. CA shall then, with the PMO, CPM, Consultant and CONTRACTOR, perform
the CA’s Substantial Completion Inspection. At the completion of the CA’s Substantial
Completion Inspection, the CPM shall issue a Substantial Completion Inspection Report
determining whether Substantial Completion has been achieved; such report shall include a
Substantial Completion Punch List.
6.3.1 When the CA’s Substantial Completion Inspection has determined that Substantial
Completion of the Work, or a portion thereof, has been achieved, the CPM shall
prepare a Certificate of Substantial Completion in the form attached hereto in the
CM @ Risk Agreement R0787918R1 Page 24 of 85