AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 27 of 379
Terminal 4 Gate Replacement – Western Expansion
services for the area(s) occupied by COUNTY until all areas of the Work
are accepted by COUNTY as substantially complete;
6.4.2.5 CONTRACTOR shall complete all items noted on the Certificate of
Substantial Completion Punchlist within the time specified in Section 6.1
and request final inspection and Final Completion of the portion of the
Project occupied. Payment for accepted portions of the Work shall be
made in accordance with the procedure specified in Article 8; and
6.4.2.6 If COUNTY finds it necessary to occupy or use a portion or portions of
the Work prior to Substantial Completion thereof, such occupancy or use
shall not commence prior to a time mutually agreed upon by COUNTY
and CONTRACTOR. Insurance secured by CONTRACTOR on the
unoccupied or unused portion or portions shall not be canceled or lapsed
on account of such partial occupancy or use. CONTRACTOR shall advise
the OCIP Administrator should this occur. Consent of CONTRACTOR to
such occupancy or use shall not be unreasonably withheld.
6.5 Notification of Change of Contract Time or Contract Price:
6.5.1 Any claim for a change in the Contract Time or Contract Price shall be made by
written notice delivered by CONTRACTOR to CPM with a copy to the PMO and the
CA within five (5) calendar days of the commencement of the event giving rise to the
claim and stating the general nature of the claim. Notice of the detailed nature and
specific elements of the claim shall be delivered within ten (10) calendar days after
the date of the first written notice. Thereafter, within ten (10) calendar days of the
termination of the event giving rise to the claim, notice of the extent of the claim with
supporting data shall be delivered unless CPM allows an additional period of time to
ascertain more accurate data in support of the claim. This information supporting the
claim shall be accompanied by CONTRACTOR’s written notarized certification that
the adjustment claimed is the entire adjustment to which the CONTRACTOR has
reason to believe it is entitled as a result of the occurrence of said event. All claims
for adjustment in the Contract Time or Contract Price shall be determined by PMO
and CPM in accordance with Article 30, Resolution of Disputes, herein, if PMO, CPM
and CONTRACTOR cannot otherwise agree. NO CLAIM FOR AN ADJUSTMENT
IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID IF NOT
SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
6.5.2 The Contract Time will be extended in an amount equal to time lost due to delays
beyond the control of and through no fault or negligence of CONTRACTOR if a claim
is made therefore as provided in Sections 6.5.1 and 7.6.1. Such delays shall include,
but not be limited to, acts or neglect by any separate contractor employed by
COUNTY, fires (not caused by CONTRACTOR), floods, labor disputes, epidemics,
extraordinary adverse weather conditions or acts of God as authorized by CA.
CM @ Risk Agreement R0787918R1 Page 26 of 85