AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 41 of 379
Terminal 4 Gate Replacement – Western Expansion
9.5 CONTRACTOR’s Fixed Fee: The CONTRACTOR’s Fixed Fee is the stated amount to
be paid to CONTRACTOR for the services rendered to COUNTY pursuant to Section
9.1.D of this Agreement. The CONTRACTOR’s Fixed Fee shall not be increased by the
distribution of the CONTRACTOR’s CONTINGENCY to other price elements within the
GMP. The CA may consider increasing the Fixed Fee when the use of either the
COUNTY’s Contingency or Document Completion Contingency increases the scope of
the Work, through no fault of CONTRACTOR, for work unanticipated within the original
GMP. All CA approved increases to the CONTRACTOR’s Fixed Fee shall be
documented on the same Contract Price Element Adjustment Memorandum (CPEAM)
prepared for the related transfer of COUNTY’s Contingency or Document Completion
Contingency funds to the other price elements. Increases to the CONTRACTOR’s
Fixed Fee shall be limited to 4%, as defined by Section 9.1.D.
9.6 Document Completion Contingency: At the time of execution of this Agreement, the
Contract Documents may not be complete. Therefore, it is understood that the sum
shown in Section 9.1.E as the Document Completion Contingency is available to cover
additional costs arising from building code interpretation disputes between the permitted
set of drawings and Broward County Building Code Services or the Fire Marshal. At
Final Completion of the Project, any remaining monies in the Document Completion
Contingency shall vest in the COUNTY.
9.7 CONTRACTOR’s Construction Contingency: An amount certain, set aside for the
CONTRACTOR’s use against risks assumed in providing a GMP with uncertainties
which are beyond the control of the CONTRACTOR. The contingency includes: bid
results from vendors and suppliers due to changed market conditions, as measured
against a relevant market index selected by the CA, and subject to the review and
approval of the CA, or other conditions which result in an increase in Direct Construction
Cost through no fault of the CONTRACTOR. The CONTRACTOR will be required to
furnish documentation, to the satisfaction of the CA, evidencing the expenditures
charged to this Contingency as a precondition to release of any funds by the COUNTY.
9.8 COUNTY’s Construction Contingency: These funds may be used to cover costs of
additional elements of Work not included in the CONTRACTOR’s Construction Work,
including but not limited to: COUNTY selected Subcontractors who are not the lowest
responsive and responsible bidders for any portion of the work, COUNTY directed
changes after permitting of the Work, differing site conditions, excusable delays as set
forth in Section 7.6.2.2, post-hurricane Construction Directives, or errors and omissions
in the Contract Documents. The CONTRACTOR shall not perform Work subject to the
COUNTY’s Contingency Account without the Contract Administrator’s prior issuance of a
CPEAM transferring such approved amounts to the CONTRACTOR’s Early Construction
Work or other price element within the GMP.
9.9 CONTRACTOR’s Early Construction Work: The costs negotiated between the COUNTY
and the CONTRACTOR for equipment, materials, labor, taxes and Subcontractors costs
to complete certain portions of the Work which have been fully designed and permitted,
prior to issuance of a building permit for GMP work.
CM @ Risk Agreement R0787918R1 Page 40 of 85