AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 56 of 379
Terminal 4 Gate Replacement – Western Expansion
ARTICLE 15 - INDEPENDENT CONTRACTOR
In performing its obligations hereunder, the CONTRACTOR shall be deemed an independent
contractor and not an agent or employee of the COUNTY. The CONTRACTOR shall be solely
responsible for and have control over construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these matters.
ARTICLE 16 - PROJECT RECORDS
16.1 Project Records: COUNTY or its designee shall have the right to inspect and copy the books
and records and accounts of CONTRACTOR and all Subcontractors including but not limited
to books, records, correspondence, instructions, drawings, receipts, payment records,
vouchers, and memoranda which relate in any way to the Project, and to any claim for
additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project and to any claim for
additional compensation made by CONTRACTOR. CONTRACTOR shall preserve and make
available to COUNTY all financial records, supporting documents, statistical records and any
other documents which relate to the Project and to any claim for the required retention period
of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, and, if the Public
Records Act is not applicable, for a period of three (3) years following Final Completion of the
Project. During the Project and for the appropriate records retention period, CONTRACTOR
shall provide COUNTY access to its books and records at CONTRACTOR’s usual place of
business within Broward County upon seventy-two (72) hours written notice. If any audit has
been initiated and audit findings have not been resolved at the end of the retention period or
three (3) years, whichever is longer, the books, records and accounts shall be retained until
resolution of the audit findings. CONTRACTOR shall be required to produce all records within
Broward County for review by COUNTY. If the Florida Public Records Act (Chapter 119, Fla.
Stat.) is determined by COUNTY to be applicable to CONTRACTOR's records,
CONTRACTOR shall comply with all requirements thereof. Any incomplete or incorrect entry
in such books, records and accounts shall be a basis for COUNTY's disallowance and
recovery of any payment upon such entry.
16.1.1 CONTRACTOR’s records shall include, but not be limited to accounting records
(hard copy, as well as computer readable data), written policies and procedures;
Subcontractor files (including proposals of successful and unsuccessful bidders
and bid recaps), surety files and bond company files, original estimates,
estimating work sheets, correspondence, change order files (including, but not
limited to, documentation covering negotiated settlements), back charge logs and
supporting documentation, general ledger entries detailing cash and trade
discounts earned, all required documentation as outlined in the Owner Controlled
Insurance Program (OCIP) Safety and loss Prevention Manual and the OCIP
Insurance Manual as attached hereto as Exhibit 6 and Exhibit 7 respectively, and
any other supporting evidence deemed necessary by the COUNTY to
CM @ Risk Agreement R0787918R1 Page 55 of 85