AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 63 of 379
Terminal 4 Gate Replacement – Western Expansion
20.5 The CONTRACTOR shall be responsible for obtaining all necessary licenses, building
and other permits, and similar authorizations from governmental authorities required or
necessary to perform its obligations hereunder, and shall give all notices required by,
and otherwise comply with, all applicable laws, ordinances, rules, regulations and
restrictions.
ARTICLE 21 - PERSONNEL
21.1 All personnel used or employed by the CONTRACTOR in the performance of the Work
shall be qualified by training and experience to perform their assigned tasks. At the
request of the COUNTY or the CPM, the CONTRACTOR shall not use in the
performance of the Work any personnel deemed by the COUNTY or the CPM to be
incompetent, careless, unqualified to perform the work assigned to that person, or
otherwise unsatisfactory to the COUNTY.
21.2 The CONTRACTOR agrees that in the performance of the Work called for by this
Agreement, it will employ only such labor, and engage Subcontractors that employ only
such labor, as will not delay or interfere with the speedy and lawful progress of the
Project, and as will be acceptable to and work in harmony with all other workers
employed on the Project site or on any other building, structure, or other improvement
which the CONTRACTOR or any other contractor may then be erecting or altering on
behalf of the COUNTY.
The CONTRACTOR agrees that it shall not employ any labor that will interfere with labor
harmony at the Project site or with the introduction and storage of materials and the
execution of work by other contractors or by Subcontractors.
21.3 CONTRACTOR shall furnish the CPM or PMO on request, resumes of CONTRACTOR’s
key and core personnel involved in the day-to-day Work on the Project. The key
personnel shall include, but shall not be limited to, Project Executive, Project Manager,
and Superintendant. Core employees shall include, but shall not be limited to, Chief
Estimator and Scheduler.
ARTICLE 22 - CONTRACTOR’S WARRANTIES
CONTRACTOR warrants to COUNTY that all materials and equipment under this Agreement
will be new unless otherwise specified and that all of the Work will be of good quality, free from
faults and defects and in complete conformance with the Contract Documents. All work not
conforming to these requirements, including substitutions not properly approved and authorized
by the Consultant, CA, CPM and PMO, may be considered defective. If required by CPM,
CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 23 herein.
22.1 The CONTRACTOR further represents and warrants:
CM @ Risk Agreement R0787918R1 Page 62 of 85