AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 38 of 379
Terminal 4 Gate Replacement – Western Expansion
8.6.5.7 COUNTY reasonably believes that the remaining contract value is
insufficient to finish the Work.
8.6.5.8 Overpayment made by the COUNTY as determined by audit of the
CONTRACTOR’s records.
8.6.6 The Schedule of Values, prepared in accordance with the terms of this
Agreement, shall expand and detail the items contained in this Agreement’s
Exhibits 1 (Estimated CONTRACTOR’s Direct Construction Cost) and Exhibit 2
(General Conditions) and shall include the cost of materials, the cost of labor, the
cost of equipment and the cost of Subcontractor work separately for all the
portions of the Work delineated. Each monthly Application for Payment shall be
for a sum equal to: (i) that portion of the CONTRACTOR’s Direct Construction
Cost equal to the percentage of the Work completed; plus (ii) an appropriate
amount of the CONTRACTOR’s General Conditions actually expended; plus (iii)
an appropriate amount of the CONTRACTOR’s Fee as related to the percentage
of the Work completed. The determination of the percentage of the Work
completed shall be made by the CPM; provided, however, prior to the date of the
final request, and unless subject to reduction under Section 8.6.5, the aggregate
of the CONTRACTOR’s Fee payments shall not exceed 97.5% percent of the
CONTRACTOR’s Fee as stated in Section 8.3.
The CONTRACTOR’s Direct Construction Cost shall be segregated and detailed
in a manner satisfactory to the PMO, CPM and the CA, with sufficient supporting
documentation and description of charges for the PMO, CPM and the CA to
evaluate the charges. The Request for Payment shall indicate the percentage of
completion of each portion of the Work, and the total Work, as of the end of the
period covered by the Application for Payment. The Schedule of Values shall be
used as one basis for reviewing the Request for Payment when such amounts
are approved.
8.7 If the CA and CPM, in their good faith judgment, determine that the portion of the GMP
then remaining unpaid will not be sufficient to complete the Work in accordance with the
Contract Documents, no additional payments will be due to the CONTRACTOR
hereunder unless and until the CONTRACTOR, at its sole cost, performs a sufficient
portion of the Work so that such portion of the GMP then remaining unpaid is determined
by the CA, CPM and PMO to be sufficient to so complete the Work.
8.8 The CPM and CA shall review each such Request for Payment and may make such
exceptions as the CPM and the CA reasonably deem necessary or appropriate under
the state of circumstances then existing. In no event shall the COUNTY be required to
make payment for items of the CONTRACTOR’s Cost to which the CPM or the CA
reasonably takes exception.
8.9 CONTRACTOR shall remain solely liable for Subcontractor’s work and for any unpaid
laborers, material suppliers or Subcontractors of Subcontractor in the event it is later
discovered that said work is deficient or that any of said laborers, material suppliers or
Subcontractors did not receive payments due them on the Project. COUNTY will not
CM @ Risk Agreement R0787918R1 Page 37 of 85