AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 51 of 379
Terminal 4 Gate Replacement – Western Expansion
connection with general supervision of such operation. If CONTRACTOR uses
a Subcontractor, then CONTRACTOR shall ensure that Subcontractor names
COUNTY and CONSULTANT as an additional insured.
12.8.10 CONTRACTOR’S failure to procure or maintain the insurance required by this
Section 12.8 and to ensure that all of its Subcontractors of every tier maintain
the required insurance during the entire term of their respective contracts shall
constitute a material breach of this Contract pursuant to which COUNTY may
immediately suspend or terminate this Contract, or, at its discretion, procure or
renew such insurance to protect COUNTY’S interests, pay any and all premiums
in connection therewith, and withhold or recover all monies so paid from
CONTRACTOR.
12.9 Additional Insurance Provisions.
12.9.1 Representations and Warranties. CONTRACTOR represents and warrants to
COUNTY, and shall require its Subcontractors of every tier represent and
warrant to COUNTY that:
(a) All information they submit to COUNTY, or to the OCIP Administrator, shall
be accurate and complete.
(b) They have had the opportunity to read and analyze copies of the OCIP
insurance policies that are on file in OCIP Administrator’s office, and they
understand the OCIP Coverages. Any reference or summary in the Contract, this
Article 12, the Insurance Manual, or elsewhere in any other Contract Document
as to amount, nature, type or extent of OCIP Coverages or potential applicability
to any potential claim or loss is for reference only. CONTRACTOR and its
Subcontractors of all tiers have not relied upon said reference, but solely upon
their own independent review and analysis of the OCIP Coverages in formulating
any understanding or belief as to amount, nature, type or extent of any OCIP
Coverages or its potential applicability to any potential claim or loss.
(c) The Costs of OCIP Coverages were not included in CONTRACTOR’S bid or
proposal for the Work, the Contract Price, and will not be included in any change
order or any request for payment for the Work or extra work.
(d) CONTRACTOR acknowledges that COUNTY shall not pay or compensate
CONTRACTOR or any Subcontractor of any tier, in any manner, for the Costs of
OCIP Coverages.
12.10 Audits. CONTRACTOR agrees that COUNTY, the OCIP Administrator, or any OCIP
Insurer may audit CONTRACTOR’S or any of its Subcontractors’ payroll records, books
and records, insurance coverages, insurance cost information, bid estimates, or pricing
for any cost in the Contract Price or any subcontracted Work, or any information that
CONTRACTOR provides to COUNTY, the OCIP Administrator, or the OCIP Insurers to
confirm their accuracy, and to ensure that the Costs of OCIP Coverage's are not
included in any payment for the Work.
CM @ Risk Agreement R0787918R1 Page 50 of 85