AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 77 of 379
Terminal 4 Gate Replacement – Western Expansion
32.5 Broward County Business Opportunity Act of 2004: The provisions of the Broward
County Business Opportunity Act of 2004, Section 20-275, et. seq., Broward County
Code of Ordinances (the “Act”), shall apply to the services performed pursuant to this
Agreement. The CONTRACTOR hereby agrees to comply with all of the provisions set
forth therein, which are contract provisions required by the Act. The contract provisions
contained in Attachment III are hereby incorporated by reference. The provisions set
forth in the Act shall be enforceable in accordance with all applicable provisions of this
Agreement, and shall further be enforceable in accordance with the provisions set forth
in the Act.
ARTICLE 33 - HURRICANE AND DISASTER PREPAREDNESS
33.1 PRE-HURRICANE AND DISASTER PROVISIONS
33.1.1 During such periods of time as are designated by the BCAD Operations Division
as being a hurricane warning or watch, the CONTRACTOR, at no cost to the
COUNTY, except as specified in Section 33.1.3 below, shall take all prudent
precautions necessary to secure the Project site in response to all threatened
hurricane events, regardless of whether the COUNTY or CPM (CPM) has given
notice of same. Division 1 Specifications contains additional CONTRACTOR’s
responsibility under a hurricane watch.
33.1.2 Suspension of the Work caused by a threatened or actual hurricane event,
regardless of whether the COUNTY has directed such suspension, will entitle the
CONTRACTOR to additional Contract Time as non-compensable, excusable
delay, and shall not give rise to a claim for compensable delay.
33.1.3 CONTRACTOR shall be reimbursed actual documented expenses for materials
and labor incurred due to hurricane preparations that are outside of the normal
daily General Conditions costs. Any such reimbursement shall be at the
discretion of the Contract Administrator. Compliance with any specific hurricane
warning or watch precautions will not constitute additional work.
33.2 POST-HURRICANE AND DISASTER PROVISIONS
33.2.1 The CA may issue, through CPM, Field Orders or other enabling documents to
mobilize CONTRACTOR and its Subcontractors in the aftermath of a hurricane,
natural disaster or other emergency for the purposes of damage assessment and
providing temporary and permanent repairs to COUNTY facilities (or other
facilities as may be assigned by COUNTY). CONTRACTOR shall mobilize upon
mutual agreement of specific terms for this work. Division 1 Specifications
contains additional CONTRACTOR’s responsibility post hurricane.
33.2.1.1 In the immediate aftermath of a hurricane, natural disaster or other
emergency, the CONTRACTOR and CA shall establish
communications to determine an assessment and recovery plan and
CM @ Risk Agreement R0787918R1 Page 76 of 85