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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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i� •>'�` t ASA <br />referenced coverage. All insurance companies must be licensed in Florida and be <br />acceptable to the County's Risk Manager. Certificates of Insurance shall be signed by a <br />licensed Florida agent and be amended to show "60 days notice of change or cancellation <br />will be given to the Indian River County Risk Manager by certified mail". <br />If an "ACCORD" Insurance Certificate is used, the words "endeavor to" and "but <br />failure to mail such notice shall impose no obligation or liability of any kind upon <br />the company" in the "cancellation" paragraph of the form shall be deleted. <br />The Certificate Holder shall be worded as follows: <br />Indian River County <br />Risk Management Department <br />County Administration Building <br />1840 25th Street <br />Vero Beach, Florida 32960 <br />ARTICLE 26 - IRREVOCABLE LETTER OF CREDIT <br />In order to ensure performance of its obligation under the Contract, the Contractor shall, as soon <br />as possible after the execution of the Contract and prior to the commencement of its operation, <br />furnish to the County (i) a performance bond executed by a surety company authorized to do <br />business in Florida, or (ii) a letter of credit from a national banking association authorized to <br />transact business in the State of Florida, or (iii) an escrow fund for the benefit of the County, or <br />any combination of such performance bond, letter of credit or escrow fund in an aggregate <br />amount not less than $750,000, provided however, the Contractor may furnish only $250,000 of <br />such aggregate amount prior to the commencement of its operations. In such case, the County <br />may withhold from the payments due to Contractor, and place in an escrow fund for its benefit, <br />to secure the performance of Contractor's obligation under this Agreement, $500,000 over a <br />period of four (4) months by depositing in an escrow fund at the end of each month an amount <br />sufficient to bring the escrow to not less than the product of $125,000 times the number of <br />months from Contractor's commencement of operations. The form to be used for the irrevocable <br />letter of credit is provided as part of the bid form. <br />ARTICLE 27 - FORCE MAJEURE <br />The Contractor's performance hereunder may be suspended and its obligations hereunder <br />excused in the event that performance is prevented or delayed by a cause or causes which are not <br />the result of action or nonaction by the Contractor, Subcontractors, Suppliers or others in his <br />employ directly or indirectly. Such causes may include legislative action, and regulatory action <br />or inaction, provided that the Contractor has exercised best efforts in supplying information used <br />in making applications for permits or other authorizations; or judicial or administrative decision <br />pursuantto the foregoing relative to the Contractor's obligations hereunder, none of which is <br />caused by any action or inaction of the Contractor: acts of God; acts of war; riot; fire; explosion; <br />accident; flood or sabotage. The Contractor and County agree to cooperate fully with each other <br />to diligently pursue resolution of any such suspension due to such uncontrollable events. <br />GC -16 <br />' r"� y F:_/;i ,+°yy 265% x'r' i;t'.'n':•�"'d T .•:57 $i.�9(� F <br />'!� ��rr � �::a:� �•d3it' - .. :r• +c :z� � ...�3::�s?iVMEgattmai�. �'ri`�.`�� iavvm.>:.LN.,::sfmtYY`_ <br />b00666{09.30.97 <br />
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