AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 65 of 379
Terminal 4 Gate Replacement – Western Expansion
23.4 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate COUNTY to Final Completion.
23.5 The CONTRACTOR shall, to the CA’s satisfaction, (i) replace any part of the Work that
fails to conform with the requirements of this Agreement that appear during progress of
the Work on the Project; or (ii) remedy any defects in the Work due to faulty materials or
workmanship which appear within a period of one (1) year from the time of Substantial
Completion of the Work or portions thereof hereunder or within such longer period of
time as may be set forth in the Contract Documents or as may be required by law; or (iii)
replace, repair or restore any parts of the Project or furniture, fixtures, equipment or
other items placed therein (whether by the COUNTY or any other party) that are injured
or damaged by any such parts of the Work that do not conform to the requirements of
this Agreement or are due to defects in the Work. The provisions of this Article 23 shall
not apply to corrective work attributable solely to the acts of omissions of any separate
contractor or Subcontractor of the COUNTY unless the CONTRACTOR is acting in such
capacity or capacities. The cost to the CONTRACTOR of performing any of its
obligations under this Article 23 shall be within the GMP. The CONTRACTOR’s
responsibility to make repairs and redo work under this Article 23, is in addition to the
CONTRACTOR's responsibility to the COUNTY for any other damages of any kind for
which the CONTRACTOR would be legally responsible.
23.6 If the CA and the CONTRACTOR deem it inexpedient to require the correction of work
damaged or not performed in accordance with the Contract Documents, an equitable
deduction from the Contract Price and the GMP shall be made by agreement between
the CONTRACTOR and the CA, or COUNTY as appropriate Until such settlement, the
CA may withhold such sums as the CA deems just and reasonable from monies, if any,
due the CONTRACTOR. If no moneys are held by the COUNTY, reimbursement shall
be made to the COUNTY within thirty (30) calendar days by the CONTRACTOR.
23.7 The CONTRACTOR’s express warranty herein shall be in addition to, and not in lieu of,
any other warranties or remedies the COUNTY may have under this Agreement, at law,
or in equity for defective Work.
ARTICLE 24 - SIGNAGE
24.1 Any requirements for project signs shall be as set forth within the Technical
Specifications section. In the absence of such technical specification, CONTRACTOR
shall coordinate with and provide Contract Administrator’s typical project sign including
applicable Broward County color logo graphics and identification of BOARD,
CONTRACTOR, PMO, CPM, Consultant, and other personnel at the direction of the CA.
24.2 All construction signage located at the Project Location, shall be subject to the prior
written approval of the CPM and Contract Administrator. The CONTRACTOR recognizes
that all signage may be disallowed, in the CPM’s and Contract Administrator’s sole
discretion, and that existing signage or advertising on construction field offices, trailers,
construction fences, and other construction elements or aids, may be required to be
masked or deleted, all at no cost or expense to the COUNTY. Such signage will be
CM @ Risk Agreement R0787918R1 Page 64 of 85