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(90)days prior to the expiration of the agreement as to its intent to renew the agreement.The agreement <br /> may be terminated by either party with at least a ninety(90) calendar day notice of intent to terminate. <br /> ARTICLE 4-CONTRACT PRICE <br /> 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to <br /> the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph <br /> 4.01.B, below: <br /> A. For all Work,at the prices stated in CONTRACTOR's Bid,excerpted below: <br /> 1. Crushing of materials already on site (screening, sorting and segregating) $8.67 per ton <br /> based on belt scales and Crushing of new materials accepted while Contractor is <br /> on site(including spotting services) <br /> 2. Site Work for Yard Waste Facility (delivery, put-down and grading. Excludes $7.25/ton <br /> seeding or sodding) <br /> B. For all Work appropriately completed and invoiced. <br /> C. SWDD and Contractor agree that,after the initial crushing and site work is complete,a minimum of <br /> 12,500 tons of uncrushed concrete stockpile will be required to remobilize to the IRC Landfill without <br /> incurring added mobilization costs. <br /> 4.02 Rate Adjustment <br /> A. All unit prices shall remain the same through the first year of the agreement. <br /> B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD <br /> no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such <br /> rate adjustments are subject to approval by the County Administrator or his designee. If approved,the rate <br /> adjustment would become effective October 1 of that year. <br /> C. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit A and shall not <br /> exceed three percent(3%). <br /> ARTICLE 5-PAYMENT PROCEDURES <br /> Owner shall make monthly payments as invoiced. Upon a determination of satisfactory completion, the <br /> SWDD Project Manager will authorize payment to be made. All payments for services shall be made to the <br /> CONTRACTOR by the SWDD in accordance with the Local Government Prompt Payment Act, as may be <br /> amended from time to time(Section 218.70, Florida Statutes,et seq.). <br /> ARTICLE 6-INDEMNIFICATION <br /> 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from <br /> liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the <br /> extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br /> CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the <br /> Work. <br /> 164 <br />