AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 30 of 379
Terminal 4 Gate Replacement – Western Expansion
Subcontractor and CONTRACTOR, if applicable, shall be itemized separately
and shall be allowed as in 7.4.2.2.
7.4.2.4 The amount of decrease in the GMP for any change that results in a net
decrease in cost will be the amount of the actual net decrease plus four
percent (4%) for fixed fees, of the net change. When both additions and
decreases are involved in any one change, the combined effect shall be
figured on the basis of the net change in the Cost of the Work, if any.
7.4.3 All changes to construction contracts must be approved in advance, in accordance
with the County’s Procurement Code, unless otherwise provided by the Broward
County Commission.
7.4.4 CONTRACTOR shall not start work on any changes requiring an increase in the
Contract Price or the Contract Time until a Change Order setting forth the
adjustments is approved and issued by the COUNTY. Upon receipt of a Change
Order, CONTRACTOR shall promptly proceed with the work set forth within the
document.
7.4.5 In the event satisfactory adjustment cannot be reached between the CPM,
CONTRACTOR, PMO and Consultant for any item requiring a change in the
Contract Price or Contract Time, and a Change Order has not been issued, the
parties may submit the matter in dispute to the CA as set forth in Article 30 herein.
During the pendency of the dispute, and upon receipt of a Change Order,
CONTRACTOR shall promptly proceed with the change in the Work involved and
advise the PMO, CPM and CA in writing within seven (7) calendar days of
CONTRACTOR’s agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
7.4.6 On approval of any change increasing the Contract Price, CONTRACTOR shall
ensure that the Performance Bond and Payment Bond are increased so that each
reflects the total Contract Price as increased.
7.4.7 To avoid delays to the Project and to mitigate damages to the parties, Change
Orders or construction change directives may be issued unilaterally by COUNTY at
its sole option.
7.5 No Damages for Delay: No claim for damages or any claim, other than for an extension of
time, shall be made or asserted against COUNTY by reason of any delays except as
provided in Article 7.6.2. CONTRACTOR shall not be entitled to an increase in the Contract
Price or payment or compensation of any kind from COUNTY for direct, indirect,
consequential, impact or other costs, expenses or damages, including, but not limited to,
costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of damages
by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active
interference on the part of COUNTY or its agents. Otherwise, CONTRACTOR shall be
CM @ Risk Agreement R0787918R1 Page 29 of 85