AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 69 of 379
Terminal 4 Gate Replacement – Western Expansion
31of such delay, neglect or default, specifying the same. If CA or CPM (where applicable),
within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect,
or default upon which the notice is based, then CONTRACTOR may stop work or terminate this
Agreement and recover from COUNTY payment for all work executed and reasonable expenses
sustained therein plus reasonable termination expenses.
ARTICLE 30 - RESOLUTION OF DISPUTES
30.1 Questions, claims, difficulties and disputes of whatever nature which may arise relative
to the technical interpretation of the Contract Documents and fulfillment of this
Agreement as to the character, quality, amount and value of any work done and
materials furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents which cannot be resolved by mutual agreement of PMO, CPM and
CONTRACTOR shall be submitted to CA in writing for resolution. When either party has
determined that a disputed question, claim, difficulty or dispute is at an impasse that
party shall notify the other party in writing and submit the question, claim, difficulty or
dispute to the CA for resolution. The parties may agree to a proposed resolution at any
time without the involvement and determination of the Contract Administrator.
30.2 CA shall notify PMO, CPM and CONTRACTOR in writing of CA’s decision within twentyone
(21) calendar days from the date of the submission of the question, claim, difficulty
or dispute, unless CA requires additional time to gather information or allow the parties
to provide additional information. Contract Administrator’s estimates and decisions upon
all questions, claims, difficulties and disputes shall be final and binding to the extent
provided in Section 30.5.
30.3 All non-technical administrative disputes (such as billing and payment and CBE reporting
issues) shall be determined by the Contract Administrator.
30.4 During the pendency of any dispute and after a determination thereof, CONTRACTOR,
PMO, CPM, Consultant, and CA shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means of
construction. During the pendency of any dispute arising under this Agreement, other
than termination herein, the CONTRACTOR shall proceed diligently with performance of
this Agreement and the COUNTY shall continue to make payments for undisputed
amounts in accordance with the Contract Documents.
30.5 In the event the determination of a dispute by the CA under this Article is unacceptable
to any of the parties hereto, the party objecting to the determination must notify the other
party, the County Administrator or designee, in writing within ten (10) calendar days of
receipt of the written determination. The notice must state the basis of the objection and
the objecting party’s proposed resolution. If notice is given by CONTRACTOR, it must be
accompanied by a statement that any Contract Price or Contract Time adjustment
claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is
entitled to as a result of the question, claim, difficulty or dispute. Resolution of such
dispute shall be made by the County Administrator or designee. The County
CM @ Risk Agreement R0787918R1 Page 68 of 85