AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 57 of 379
Terminal 4 Gate Replacement – Western Expansion
substantiate charges related to this Agreement (all of the foregoing hereinafter
referred to as records).
16.1.2 CONTRACTOR shall require all Subcontractors, insurance agents and material
suppliers (payees) to keep and maintain comparable records for the same time
period and to permit the COUNTY to review, inspect and audit such records.
CONTRACTOR shall include such requirements in all written subcontracts and
purchase orders issued.
16.2 If an audit inspection or other examination by the COUNTY or the COUNTY’s
representatives in accordance with this Article, discloses overcharges, of any nature in
the amount of $25,000.00 or more, by the CONTRACTOR to the COUNTY, the cost of
the COUNTY’s audit (whether performed by the COUNTY or outside auditors) shall be
reimbursed or paid to the COUNTY by the CONTRACTOR. Any adjustments, payments,
or both which must be made as a result of any such audit, inspection or examination of
the CONTRACTOR’s invoices and records shall be made within a reasonable amount of
time (not to exceed thirty (30) calendar days) from presentation of the COUNTY’s
findings to the CONTRACTOR.
16.3 By execution of the Agreement, CONTRACTOR represents, and COUNTY hereby
materially relies on such representation in entering into this Agreement, that
CONTRACTOR has not been placed on the discriminatory vendor list, as provided in
Section 287.134, Florida Statues, as it may be amended from time to time. An untrue
representation of the foregoing shall entitle COUNTY to terminate this Agreement, and
may result in debarment from COUNTY’s competitive procurement activities.
ARTICLE 17 - SURVEY
Unless otherwise required by the technical specifications (or, in absence of technical
specification requirements concurrent with the Final Request for Payment), the CONTRACTOR
shall furnish final surveys in electronic file, AUTOCAD utilizing National CAD Standards as
designated by the Contract Administrator, in addition to three (3) sets of hard copy, showing the
exact locations of all structures and underground site utilities installed by CONTRACTOR,
including all water, sewer, gas, fuel, telephone, security and electric lines and main, and
locations of all easements for such utilities then existing. Such surveys shall be prepared by a
licensed Florida surveyor who shall certify that the Work is installed and erected entirely upon
the Project Site and within the building restriction lines, if any, and does not overhang or
encroach upon any easement or right-of-way of others. CONTRACTOR must provide said
survey prior to payment of final retainage by COUNTY.
CM @ Risk Agreement R0787918R1 Page 56 of 85