2010-313 - Laserfiche WebLink

Home Browse Search

judgment, that the Contractor is unable or unwilling to comply with the provisions of the Contract, then SWDD shall have the right, after giving the Contractor written notice, to take possession of and operate the Class 1 landfill , until such time as the Contractor shall satisfy SWDD that he is ready, able, and willing to comply with all the provisions of the Contract . If SWDD takes over the performance of the Work, SWDD agrees to pay the Contractor for any damage done to the vehicles or equipment of the Contractor, over and above the damaged occasioned by normal wear and tear on such vehicles, which occurs as a result of the use of such vehicles by SWDD or its agents or employees during the performance of the Work . Additionally, if SWDD takes over the performance of the Work, SWDD agrees to indemnify and save harmless the Contractor from any cost, loss, damage , and other expense to a third party arising out of or resulting from the performance or failure to perform by SWDD, its agents, or employees under the provision of this Contract . The Contractor acknowledges and agrees that if the Class 1 landfill is unavailable to accept solid waste of any nature whatsoever solely due to the fault or negligence of Contractor, then , in such event the Contractor shall immediately have all incoming solid waste of any nature whatsoever taken or otherwise transferred to an approved Solid Waste Management Facility at no cost to SWDD for the entire time that the Class 1 landfill is unavailable to accept such solid waste . ARTICLE 3 — COMPENSATION i ) PAYMENT FOR CLASS 1 LANDFILL OPERATIONS INCLUDING OPERATION AND MAINTENANCE ( O & M ) OF THE LANDFILL GAS COLLECTION AND CONTROL SYSTEM , Commencing January 1 , 2011 , compensation to the Contractor for the Class 1 landfill operations including the landfill GCCS 0 & M shall be Thirteen Dollars and Ninety Nine Cents ( $ 13 . 99 ) per ton of municipal solid waste ( MSW ) and construction & demolition ( C & D ) debris disposed in the Class 1 landfill invoiced on a monthly basis subject to an annual escalation as set forth in this Contract during the term of this Contract . ii ) PAYMENT FOR OPERATION AND MAINTENANCE OF NON - CLASS 1 LANDFILL OPERATIONS . Commencing January 1, 2011 , compensation to the Contractor for the operation and maintenance of Non - Class 1 landfill operations shall be Two Million , Seven Hundred and Sixty Five Thousand Eight Hundred and Thirty Three Dollars ( $ 2 , 765 , 833 . 00 ) per year invoiced on a lump sum monthly basis and subject to an annual escalation as set forth in this Contract during the term of this Contract . iii ) Annually, the SWDD may, but is not obligated to, allow Contractor, at no charge, to utilize up to 10, 000 tons of ground vegetative material for stabilizing seed and for other approved uses ( i . e . , alternate landfill cover ) . The quantity . of ground vegetative material supplied by the District may, but is not required to, be increased annually by at least 5 % by weight to meet expected increases in waste volume . The hauling, loading, spreading, and other utilization of the supplied ground vegetative material shall be at the sole cost of Contractor . SWDD reserves the right to substitute any other FDEP approved cover material for the ground vegetative material . V