AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 64 of 379
Terminal 4 Gate Replacement – Western Expansion
That it is financially solvent, able to pay its debts as they mature, and possesses
sufficient working capital to perform this Agreement; that it is able to furnish the
materials, and services; that it is experienced in and competent to perform the Work
contemplated by this Agreement; and it is qualified to do the Work herein and is
authorized to do business in the State of Florida.
That the CONTRACTOR holds a license, permit or other special license to perform the
services included in this Agreement, as required by law, or employs or works under the
general supervision of the holder of such license, permit or special license.
The CONTRACTOR agrees that the Work shall be performed in a good workmanlike
and professional manner, free from defects in materials and execution, and that all
Materials shall be new and approved by or acceptable to the PMO, CPM and
Consultant, except as otherwise expressly provided for in the Contract Documents.
ARTICLE 23 - DEFECTIVE WORK
23.1 PMO, CPM or Consultant shall have the authority to reject or disapprove work which
PMO, CPM or Consultant finds to be defective. Upon notice of defective Work, CPM or
Consultant, through the CPM shall issue a non-conformance report. The CONTRACTOR
shall promptly either correct all defective work or remove such defective work and
replace it with non-defective work. Said work requires the prior approval of the CA.
CONTRACTOR shall pay all direct, indirect and consequential costs of such removal or
corrections including cost of testing laboratories and personnel. All such costs shall be
included in the GMP.
23.2 Should CONTRACTOR fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by CPM, CA shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may be necessary
at CONTRACTOR’s expense. Any expense incurred by COUNTY in making such
removals, corrections or repairs, shall be paid for out of any monies due or which may
become due to CONTRACTOR and deducted from the GMP by a deduction Change
Order, or may be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CA may declare a
default.
23.3 If, within one (1) year after the date of Substantial Completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by
the Contract Documents, any of the Work is found to be defective or not in accordance
with the Contract Documents, CONTRACTOR, after receipt of written notice from CA ,
shall promptly correct such defective or nonconforming Work within the time specified by
CA without cost to COUNTY, to do so. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which CONTRACTOR
might have under the Contract Documents including but not limited to, Article 22 herein
and any claim regarding latent defects.
CM @ Risk Agreement R0787918R1 Page 63 of 85