AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 76 of 379
Terminal 4 Gate Replacement – Western Expansion
with the CONTRACTOR’s request for final payment and release of retainage, if
applicable.
32.4.3 CONTRACTOR shall certify to the COUNTY the amounts paid to each CBE
involved in the project as either a joint venture partner or pursuant to a
subcontract with the CBE businesses. All such certifications shall be signed by
both the CONTRACTOR and CBEs.
32.4.4 CONTRACTOR agrees that failure to provide appropriate certification as to the
payment of CBEs and participants in the Agreement and provide certification in a
form acceptable to the COUNTY that CBE business participation requirements of
the Agreement have been met, notwithstanding any other provisions of this
Agreement, shall be cause for the COUNTY to withhold further payments under
the Agreement until such time as such certification is received and accepted by
the COUNTY, and shall not entitle the CONTRACTOR to terminate the
Agreement, to cease work to be performed, or to be entitled to any damages or
extensions of time, whatsoever, due to such withholding of payment or delay in
work associated thereto.
32.4.5 CONTRACTOR agrees that it cannot terminate a CBE subcontractor for
convenience and then perform the work with its own forces or its affiliate. If a
situation arises that a CBE subcontractor needs to be replaced or removed from
the team, CONTRACTOR must submit a written request to OESBD with detailed
explanation or justification for the submission of such request.
If the request is due to a voluntary cessation of the CBE firm from the team,
documentation supporting the voluntary cessation must accompany the request.
Requests for substitution or termination of CBE subcontractors will only be
approved on a case-by-case basis, provided that reasons cited are properly
justified. When a CBE subcontractor is terminated, or fails to complete its work,
CONTRACTOR must make good faith efforts to retain another CBE
subcontractor to substitute for the original CBE.
32.4.6 Compliance monitoring is conducted to determine if CONTRACTOR and
Subcontractors are complying with the requirements of the CBE Program as set
forth in the County Business Enterprise Act of 2009 (Broward County Ordinance
No. 2009-40) Failure of the CONTRACTOR to comply with this provision may
result in the COUNTY imposing penalties or sanction.
32.4.7 Contract compliance will encompass monitoring for contract dollar achievement
and CBE CONTRACTOR utilization. The OESBD staff will have the authority to
audit and monitor all contracts and contract-related documents related to
Broward County projects. The requirements of the CBE Program are applicable
to all CONTRACTOR’s, general contractors and Subcontractors.
32.4.8 CONTRACTOR shall be responsible for ensuring proper documentation with
regard to its utilization and payment of CBE Subcontractors.
CM @ Risk Agreement R0787918R1 Page 75 of 85