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1997-304
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1997-304
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Last modified
3/27/2018 2:41:17 PM
Creation date
2/8/2017 9:30:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
11/04/1997
Control Number
97-304
Entity Name
Waste Management of Florida
Subject
Operation Class 1 Landfill
Construction and Partial Closing
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ARTICLE 19 - CORRECTION OF WORK BEFORE FINAL PAYMENT <br />a. Any work, material, fabricated items, or other parts of the Work which have been <br />condemned or declared not in accordance with the Contract by the Director shall be <br />promptly removed from the Work site by the Contractor, and shall be immediately <br />replaced by new work in accordance with the Contract at no additional cost to the County. <br />Work or property of other Contractors or the County, damaged or destroyed by virtue of <br />such faulty work, shall be made good at the expense of the Contractor whose work is <br />faulty. <br />b. Correction of condemned work described above shall commence within twenty-four (24) <br />hours after receipt of notice from the Director, and shall be pursued to completion. <br />c. Should the Contractor fail to proceed with the required corrections, then the County may <br />complete the Work in accordance with the provisions of Article 26. <br />ARTICLE 20 - CORRECTION OF WORK AFTER FINAL PAYMENT <br />See Article 26 - Irrevocable Letter of Credit, and Article 31- Guarantee. Neither payment, nor <br />any provision of the Contract, nor any other act or instrument of the County, nor the Director <br />shall relieve the Contractor from responsibility for negligence, or faulty material or <br />workmanship, or failure to comply with the Contract Documents. He shall correct or make good <br />any defects due thereto and repair any damage resulting therefrom which may appear during the <br />period of the Contract. The County will report any defects as they may appear to the Contractor <br />and establish a time limit for completion of corrections by the Contractor. The County will be <br />the judge as to the responsibility for correction of defects. This paragraph is intended to apply to <br />workmanship, and materials installed as part of the Class 1 Operation and defective equipment ti <br />being used on the project (such as equipment leaking oil or hydraulic fluid). <br />ARTICLE 21 - COUNTY'S RIGHT TO DO WORK <br />If, during the progress of the Work , the Contractor fails to prosecute the Work properly or to <br />perform any provision of the Contract, the County, after three (3) days written notice to the <br />Contractor from the Director may perform, utilizing Contractor's equipment, or have performed <br />that portion of the Work. The cost of the Work may be deducted from any amounts due or to <br />become due the Contractor, such action and cost of same having been first approved by the <br />Director. Should the cost of such action of the County exceed the amount due or to become due <br />the Contractor, the Contractor or his Surety, or both, shall be liable for and shall pay to the <br />County the amount of said excess. <br />ARTICLE 22 - TERMINATION FOR CAUSE <br />If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the <br />benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his <br />property, or if he files a petition to take advantage of any debtor's or similar laws, or, if <br />Contractor, after having received written notice from the Director of a default in the performance <br />GC -12 <br />bp0650051.3o.117 <br />
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