AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 60 of 379
Terminal 4 Gate Replacement – Western Expansion
Completion of the Work, the CONTRACTOR must provide an Environmental
Indemnification Certificate, indemnifying the COUNTY for all claims, actions, or suits
resulting from the handling, transport, generation, disposal of any Hazardous Substance
as a precondition to the full release of retainage. Such indemnification statement must
meet the approval of the CA.
19.2.1 Disposal of Hazardous Substances: Contractor shall prepare all documentation
necessary to demonstrate that Federal, State, and local codes, statutes and laws
are complied with for the transportation and disposal of hazardous materials.
Such documentation must be delivered to the CPM as a pre-condition for
payment.
19.3 In the event the CONTRACTOR encounters on the Project site any Hazardous
Substance, or what the CONTRACTOR reasonably believes to be a Hazardous
Substance, and which is being introduced to the Work, or exists on the Project Location,
in violation of any applicable Environmental Laws, the CONTRACTOR shall immediately
stop work in the area affected and report the condition to the CPM and CA in writing.
The Work in the affected area shall not thereafter be resumed except by written
authorization of the CPM and CA if in fact a Hazardous Substance has been
encountered and has not been rendered harmless.
19.4 The CA through the CPM may direct the CONTRACTOR by utilization of COUNTY’s
Contingency Account funds to remediate the Hazardous Substance in accordance with
any applicable permits then in existence, but the CONTRACTOR shall not be required to
remediate the Hazardous Substance absent such direction. If the CONTRACTOR is not
so directed, CONTRACTOR shall not be required to resume work in any area affected
by the Hazardous Substance until such time as the Hazardous Substance has been
remediated.
19.5 For purposes of this Agreement, the term “Hazardous Substance” shall mean and
include, but shall not be limited to, any element, constituent, chemical, substance,
compound or mixture, which are defined in or included under or regulated by any local,
state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental
regulation, contamination, clean-up or disclosure, including, without limitation, The
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), The Resource Conservation and Recovery Act (RCRA), The Toxic
Substances Control Act (TSCA), The Clean Water Act (CWA), The Clean Air Act (CAA),
and The Marine Protection Research and Sanctuaries Act (MPRSA), The Occupational
Safety and Health Act (OSHA), The Superfund Amendments and Reauthorization Act of
1986 (SARA), or other state superlien or environmental clean-up or disclosure statutes
including all state and local counterparts of such laws (all such laws, rules and
regulations being referred to collectively as Environmental Laws). It is the
CONTRACTOR’s responsibility to comply with this Article 19 based on the law in effect
at the time its services are rendered and to comply with any amendments to those laws
for all services rendered after the effective date of any such amendments.
CM @ Risk Agreement R0787918R1 Page 59 of 85