AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 78 of 379
Terminal 4 Gate Replacement – Western Expansion
to establish a preliminary list of emergency recovery activities that the
CONTRACTOR shall undertake.
33.2.1.2 CONTRACTOR and CA shall utilize that preliminary list of emergency
recovery activities to develop one or more Construction Change
Directives for execution by the CA and CONTRACTOR. Upon mutual
agreement, CA shall issue the executed Field Orders upon receipt of
which, CONTRACTOR shall immediately undertake the emergency
actions described therein.
33.2.1.3 CONTRACTOR shall mobilize personnel, Subcontractors and
equipment as necessary to complete the tasks required by a Field
Order for hurricane or other disaster recovery.
33.2.1.4 COUNTY shall issue Purchase Orders and other procurement
documents as necessary to support of Construction Change
Directives as issued by the Contract Administrator.
33.2.1.5 Prior to being eligible for payment of expenses due to Hurricane, pre
or post, procedures, CONTRACTOR shall maintain detailed records
of the Work and provide full information required for evaluation and to
substantiate costs and time adjustments as may be necessitated by
these required changes in the Work.
33.2.1.6 CONTRACTOR shall coordinate invoicing and payment procedures
for emergency recovery work with the CA to ensure expeditious
payment and segregation of such payments from those applicable to
the non-emergency Work required by this Agreement.
ARTICLE 34 - OTHER TERMS & CONDITIONS
34.1 Third Party Beneficiaries: Neither CONTRACTOR nor COUNTY intend to directly or
substantially benefit a third party by this Agreement. Therefore, the parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement. The parties
expressly acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Agreement.
34.2 Conflicts: Neither CONTRACTOR nor its employees shall have or hold any continuing
or frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR’s loyal and conscientious exercise of
judgment related to its performance under this Agreement. CONTRACTOR agrees that
none of its employees shall, during the term of this Agreement, serve as an adverse or
hostile witness against COUNTY in any legal or administrative proceeding in which he or
she is not a party, unless compelled by court process, nor shall such persons give sworn
CM @ Risk Agreement R0787918R1 Page 77 of 85