2008-321 - Laserfiche WebLink

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That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work, and further guarantees the successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of five (5) years from the date first written above. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional three-year term. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligations or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 7. CONTRACT PAYMENT The Contractor shall pay to the County for the performance of this Contract at the rate of 52.75% of revenue of Number 2 Bundle price based on Birmingham Market at the time the materials are removed from the St. Lucie County Solid Waste Baling & Recycling Facility. Payment shall be made within 20 days of removal of materials from the St. Lucie County Solid Waste Baling & Recycling Facility. -3-