AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 33 of 379
Terminal 4 Gate Replacement – Western Expansion
Project except with the prior written consent of COUNTY. The Cost of the Work shall
include only those items set forth in this Section 8.4 and shall not include any items
listed in Section 8.5. Cost of the Work shall be determined as follows:
8.4.1 Subcontractor Costs shall be:
8.4.1.1 The CONTRACTOR’s Direct Construction Cost, as generally described on
Exhibit 1, attached hereto, to be 100% performed by Subcontractors selected
in accordance with Article 11, herein. Where the work is covered by unit prices
contained in the Contract Documents or an applicable subcontract, the cost of
the Work shall be determined by application of unit prices to the quantities of
items involved.
8.4.1.2 Where Subcontractor is owned by, or an affiliate of the CONTRACTOR or work
is to be “self performed” by CONTRACTOR, no overhead and profit shall be
allowed.
8.4.1.3 If the subcontract provides that the Subcontractor is to be paid on the basis of
Cost of the Work plus a fee, the Subcontractor’s Cost of the Work shall be
determined in the same manner as CONTRACTOR’s Cost of the Work.
8.4.2 CONTRACTOR’s Labor Costs: Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the Contract Documents
shall be limited to salaries plus labor burden as set forth in the schedule of job
classifications agreed upon by COUNTY and CONTRACTOR in Exhibit 3
(CONTRACTOR’s Management Services), and other non skilled labor costs which
have the prior approval of the CA, subject to audit by COUNTY. Payroll costs for
employees not employed full time on the work covered by the Agreement shall be
apportioned on the basis of the time the employees spent on the work. Payroll costs
shall be limited to salaries and wages plus the labor burden which includes social
security contributions, unemployment, excise and payroll taxes, workers
compensation, health insurance, sick leave, vacation, and holiday pay applicable
thereto, only.
8.4.3 Materials and Equipment: Cost of all necessary materials and equipment furnished
and incorporated in the Work, including costs of transportation and storage thereof,
and manufacturers’ field services required in connection therewith, adjusted in
accordance with Article 10, Discounts, Rebates and Refunds; rentals of all
construction equipment and machinery and the parts thereof, including all operating
and maintenance costs, costs of transportation, loading, unloading, installation,
dismantling and removal thereof, whether rented from CONTRACTOR or others. The
rental of any such equipment, machinery or parts shall cease when the use thereof is
no longer necessary for the Work.
8.4.4 Miscellaneous costs:
8.4.4.1 The cost, as documented by the CONTRACTOR’s detailed receipts, of
telephone, telegrams, postage, photographs, blueprints, office supplies, first
CM @ Risk Agreement R0787918R1 Page 32 of 85