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11 -04-2005 12 : 11PM FROM INDIAN RIVER COUNTY 7727789391 P . 3 <br /> Article 4. QUANTITIES AND PRICES <br /> The Owner shall pay the CONTRACTOR for all work included and completed in accordance with <br /> this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . <br /> The CONTRACTOR ' s price at the time of delivery of goods and services will be : a) the price set <br /> forth on the Bid Form ; and b) when not delineated on the Bid Form, the prices established in the <br /> version of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed. <br /> The CONTRACTOR, by June 1 of each year, shall notify the COUNTY in writing of any proposed <br /> price schedule changes with justification for each change. The COUNTY will either accept the <br /> proposed changes or decline to accept the price changes within thirty (30) days and ask <br /> for <br /> negotiation. <br /> Article 5 . PAYMENT PROCEDURES <br /> Progress .Payments: OWNER shall make progress payments on account of the Contract Price on the <br /> basis of CONTRACTOR ' s Applications for Payment at intervals not less than once each month during <br /> performance of the Work as provided below. <br /> 1 . Ninety percent (90%) of Work completed (with the balance being retainage); and <br /> 2. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work <br /> but stored on the Project site (with the balance being retainage) . <br /> Final Acceptance and Payment: When the work provided for under this contract has been completed, <br /> in accordance with the terms thereof, a payment request in the amount of such work shall be prepared <br /> by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. <br /> In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the <br /> OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT and acceptance <br /> of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the <br /> CONTRACTOR in connection with this Contract. <br /> Article 6. THE CONTRACT DOCUMENTS <br /> The General Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special <br /> Provisions - Disaster Debris Removal and Disposal Services (Exhibit B), Insurance Requirements <br /> (Exhibit A), Performance and Payment Bonds, together with this Agreement, form the Contract, and <br /> are fully a part of this Contract as if included herein. <br /> Article 7, VENUE <br /> This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought <br /> by either party against the other party or otherwise arising out of this agreement shall be in Indian <br /> River county, Florida, or in the event of federal jurisdiction, in the United States District Court for the <br /> Southern District of Florida. <br /> Article 8 . CONTRACT PERIOD <br /> This Contract shall be binding on the parties for a period of twenty- four (24) consecutive months <br /> from the date of this Contract by both parties unless terminated earlier in accordance with its terms . <br /> The County may extend the term of this Contract for up to three (3 ) additional terms of twelve ( 12) <br /> months each on the same terms and conditions . <br /> Page 24 of 30 <br /> FVublic works\Capital PMcctsU{urricanc Contraets\llurricane Vebris Removal Sid Document - FinaLtIm <br />