AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 39 of 379
Terminal 4 Gate Replacement – Western Expansion
pay for defective or negligent work even if the cost of correcting such Work falls within
the Contract Price, unless otherwise provided for in the Agreement and CPM determines
that the CONTRACTOR has diligently pursued the repair or replacement of all defective
work of their Subcontractors and vendors at no cost to COUNTY, in accordance with
Article 23 – Defective Work.
8.10 Upon receipt of written notice from CONTRACTOR that the Work is ready for final
inspection and acceptance, Consultant and CPM shall, within ten (10) calendar days,
make an inspection thereof. If Consultant, CPM and CA find the Work acceptable, the
required documents have been submitted and the requirements of the Contract
Documents have been fully satisfied, and all conditions of the permits and regulatory
agencies have been met, a Final Certificate of Payment, Form 2, shall be issued by CA
upon recommendation from CPM and Consultant, stating the requirements of the
Contract Documents have been performed and the Work is ready for acceptance.
8.11 Within thirty (30) calendar days after Final Completion of the Work and acceptance
thereof by the COUNTY, the CONTRACTOR shall submit a Final Request For Payment
(Final Request) which shall set forth all amounts due and remaining unpaid to the
CONTRACTOR (including the unpaid portion of the CONTRACTOR’s Fee). Upon
approval of the Final Request for Payment, the CA will issue a Final Certification of
Payment in the form attached hereto as Form 2. The CONTRACTOR shall deliver to the
COUNTY the Form of Final Receipt, Form 3, as attached hereto.
8.12 Before final payment, CONTRACTOR shall deliver to CPM a complete release of all
liens arising out of this Agreement, or receipts in full in lieu thereof from all suppliers and
Subcontractors, consent for Final Payment of Surety, the final corrected as-built
drawings, a completed and final CBE Utilization Report, Form 9, and final invoice.
COUNTY may withhold final payment under the same circumstances as set forth in this
Section 8.6 Progress Payments hereof.
8.13 Except for the CONTRACTOR’s Fee, the CONTRACTOR shall use the sums paid to it
pursuant to this Article 8 solely for the purpose of performance of the Work and the
construction, furnishing and equipping of the Work in accordance with the Contract
Documents and payment of bills incurred by the CONTRACTOR in performance of the
Work.
8.14 The CONTRACTOR shall promptly pay, in accordance with State Statute, all bills for
labor and material performed and furnished by its Subcontractors, suppliers and material
providers, in connection with the construction, furnishing and equipping of the Work and
the performance of the Work.
8.15 If, after the Work has reached Substantial Completion, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CPM and PMO so certifies,
COUNTY shall, upon certificate of CONSULTANT, and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
CM @ Risk Agreement R0787918R1 Page 38 of 85