AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 36 of 379
Terminal 4 Gate Replacement – Western Expansion
8.5.4 Other overhead, general expense costs or charges of any kind and the cost of
any item not specifically and expressly included in Section 8.4.
8.5.5 Costs in excess of the GMP.
8.5.6 Entertainment and meal expenses, car allowances (except for vehicle(s) required
to carry out the work stationed on-site with advance approval by the CA) and
charges of a personal nature.
8.5.7 Bonuses, profit-sharing or other special labor charges not included in Section
8.4.2, herein.
8.5.8 Any outside legal or accounting fees incurred without prior written approval from
the County Attorney, which approval is at the sole discretion of the County
Attorney.
8.6 Progress Payments:
8.6.1 CONTRACTOR may make Application for Payment for Work completed during
the Project at intervals of not more than once a month. CONTRACTOR shall,
where the Project involves CBE Subcontractors, make application for payment
for work completed by such Subcontractors during the Project at monthly
intervals and shall pay its Subcontractors within thirty (30) calendar days
following receipt of payment from the COUNTY for such subcontracted work.
CONTRACTOR’s application shall show a complete breakdown of the Project
components, the percentages completed and the amount due in proportion to the
percentage of the Work completed or, as to General Conditions, at cost or, at the
CA’s option, as a Negotiated Lump Sum payable in proportion to the percentage
of the Work completed.
8.6.2 Each application shall be accompanied by such supporting evidence as may be
reasonably required by CPM or CA. Nevertheless, CONTRACTOR shall submit
with each Application for Payment:
an updated progress schedule acceptable to PMO, CPM and CA, as
required by the Contract Documents;
a monthly report as required by the Contract Documents;
a Certification of Payments to Subcontractors (Form 00924);
a release of liens from the CONTRACTOR relative to the work which is the
subject of the previous pay Application;
a completed Statement of Compliance, Form 1, attached hereto;
Form 00924 shall be accompanied by a copy of the notification sent to each
Subcontractor listed in item 2 of the form, explaining the good cause why
payment has not been made. One original and four copies of each
Application for Payment shall be submitted to CPM for certification and
distribution to the PMO and CA. COUNTY shall make payment to
CONTRACTOR within thirty (30) calendar days after receipt of
CONTRACTOR’s complete and accurate Application for Payment, as
determined by the CA, and submission of an acceptable updated progress
CM @ Risk Agreement R0787918R1 Page 35 of 85