AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
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Terminal 4 Gate Replacement – Western Expansion
Contract Documents. A detailed enumeration of the applicable drawings and specifications
are provided in Exhibit 5 to this Agreement.
2.12 Contract Price: The amount established in the Agreement as the amount the COUNTY is
obligated to pay for full and complete performance of the Work required by the Contract
Documents.
2.13 Contract Price Element Adjustment Memorandum (CPEAM): A document issued by CA to
memorialize the reallocation of sums between contract price elements included within the
Contract Price.
2.14 Contract Time: The time between the Project Initiation Date specified in the Notice to
Proceed after the GMP is established and authorizes the GMP work to begin and Final
Completion, including any milestone dates thereof, established in the Agreement, as may be
amended by Change Order.
2.15 CONTRACTOR: The Managing General Contractor, Construction Manager-at-Risk (CM @
Risk), Cummings Balfour Beatty, a joint venture.
2.16 Controlling Items of Work: Activities shown on the Baseline Schedule identified with a
milestone date.
2.17 COUNTY or Owner: Broward County, Florida, the public body which is a party hereto and for
which this Agreement is to be performed. In all respects hereunder, COUNTY’s performance
is pursuant to COUNTY’s position as the owner of a construction project. In the event
COUNTY exercises its authority as a governmental body, the exercise of such authority and
the enforcement of any rules, regulations, laws and ordinances shall be deemed to have
occurred pursuant to COUNTY’s authority as a governmental body and shall not be
attributable in any manner to COUNTY as a party to this Agreement.
2.18 Critical Path: A sequence of Work activities shown in the Baseline Schedule, which
establish the total duration of time for the construction of the Work, and if such activities
were delayed or extended, would change the construction duration established in the
accepted Baseline Schedule.
2.19 Early Construction Work Activities: Work performed by the Contractor immediately following
the issuance of the Notice To Proceed for early work and prior to the establishment of the
Guaranteed Maximum Price. Such activities may include, but are not limited to select
demolition, excavation, foundations, utility construction, and all permits necessary to perform
Early Construction Work.
2.20 Field Order or Supplemental Instruction: A written order which further describes details or
provides interpretations necessary to complete the Work of the Contract Documents in
accordance with Section 7.2 but which does not involve a change in the Contract Price or
Contract Time.
2.21 Final Completion: The date certified by CPM and Consultant in the Final Certificate of
Payment, and as finally determined by Contract Administrator’s (CA’s) sole discretion, upon
CM @ Risk Agreement R0787918R1 Page 8 of 85