AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 43 of 379
Terminal 4 Gate Replacement – Western Expansion
funds if CA declines to make the early payment. All trade discounts, rebates and refunds,
including those pertaining to all returns from sale of surplus materials and equipment shall
accrue to COUNTY, and CONTRACTOR shall make provisions so that they may be obtained.
ARTICLE 11 - SUBCONTRACTS AND PURCHASE ORDERS
Unless waived in writing by the CA, the CONTRACTOR must obtain competitive pricing and
subcontract, in compliance with the requirements of this Article 11, for One Hundred Percent
(100%) of the CONTRACTOR's Direct Construction Cost required under this Agreement.
Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars
($10,000) may be awarded without the prior approval of the CA, except that all Early
Investigation Work requires approval of the CA. All other subcontracts and purchase orders
shall be awarded according to the following procedure:
11.1 The CONTRACTOR shall prepare for CPM’s, PMO’s and CA’s review and approval a list
of Subcontractors and suppliers for each bid who meet the CONTRACTOR’s schedule
of minimum requirements. The CONTRACTOR shall obtain bids from a minimum of
three (3) such Subcontractors for each subcontract, when available. Otherwise, the
CONTRACTOR shall provide documentation to the satisfaction of the OESBD
demonstrating the circumstances where a minimum of three (3) Subcontractors are not
available.
After receiving such bids, the CONTRACTOR shall analyze them and make
recommendations to the CPM, PMO, and CA for awards. CONTRACTOR shall provide
to the CPM, PMO, and CA a copy of each Subcontractor’s bid sheet or tabulation and
schedule of values including composition of payroll burdens and, when requested, any
other documentation in its possession pertaining to such bids. When the CPM, PMO and
CA have approved the award of any such subcontract or purchase order, the
CONTRACTOR shall contract solely in its own name and behalf, and not in the name or
behalf of the COUNTY, with the specified Subcontractor or supplier.
The CONTRACTOR’s subcontract form shall provide: that the Subcontractor shall
perform its portion of the Work in accordance with all applicable provisions of this
Agreement and the Contract Documents; that Subcontractor is bound to the
CONTRACTOR to the same terms and conditions as the CONTRACTOR is bound to the
COUNTY; and shall further provide that, in the event this Agreement is terminated for
any reason, that the Subcontractor shall, at the COUNTY’s option, perform its
subcontract for the COUNTY, or for a contractor designated by the COUNTY, without
additional or increased cost, provided the Subcontractor is paid in accordance with its
subcontract. The CONTRACTOR shall sign and cause each Subcontractor to sign an
Assignment of Rights under Construction Subcontract. Nothing contained herein shall
impose on the COUNTY an obligation to assume any subcontract or make any payment
to any Subcontractor to perform pursuant to this Section 11.1, and nothing contained
herein shall create any contractual relationship between the COUNTY and any
Subcontractor.
CM @ Risk Agreement R0787918R1 Page 42 of 85