Laserfiche WebLink
9 - i6 2003 5 '! OPM FROM INDIAN RIvER COUNTY 7727789391 P . S <br /> SECTION Vill _ CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS <br /> BEEN EXECUTED <br /> If the project scope is changed after a Work Order has been executed , such work <br /> shall be the subject of a Supplemental Work Order formally approved by the Board of <br /> County Commissioners . <br /> SECTION VIII — PAYMENTS <br /> The COUNTY shall make monthly partial payments Pursuant to Florida Prompt <br /> Payment Act (F . S . 218 . 70 ) to the SURVEYOR as provided for in the Work Order . A ten <br /> percent ( 10% ) retainage shall be withheld by the COUNTY until all of the SURVEYOR' s <br /> work is completely accepted by the COUNTY . if work is held up on the project for six <br /> months or greater due to no fault of the SURVEYOR , the SURVEYOR may request <br /> release of the accumulated retainage . <br /> Unless otherwise stated in the Work Order , the SURVEYOR shall submit duly <br /> certified invoices in triplicate to the County Public Works Director, <br /> The Agreement shall be divided into units of deliverables , which shall include , but <br /> not be limited to , reports , findings , drawings , and drafts , that must be received and <br /> accepted in writing by the County Public Works Director, prior to payment . <br /> SECTION IX _ RIGHT OF DECISIONS <br /> All services shall be performed by the SURVEYOR to the satisfaction of the <br /> County Public Works Director who shall decide all questions , difficulties , and disputes of <br /> whatever nature that may arise under or by reason of this Agreement , according to the <br /> prosecution and fulfillment of the service hereunder, and the character, quality , amount <br /> and value thereof. The COUNTY's decision upon all claims , questions , and disputes <br /> shall be final , conclusive, and binding upon the parties hereto , unless such <br /> determination is clearly arbitrary or unreasonable . <br /> Adjustments of compensation and contract time because of any major changes <br /> in the work that might become necessary or be deemed desirable as the work <br /> progresses shall be reviewed by the County Public Works Director . If the SURVEYOR <br /> does not concur in the judgment of the County Public Works Director as to any <br /> decisions made by him or her, it shall present its written objections to the County <br /> Administrator of Indian River County, who shall make a decision , and the SURVEYOR <br /> shall abide by the County Administrator' s decision , unless the decision is clearly <br /> arbitrary or unreasonable . <br /> SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS <br /> A . Ownership and Copyright: Ownership and copyright of all reports , <br /> tracings , plans , specifications , field books, survey information , maps , <br /> contract documents , and other data developed by the SURVEYOR <br /> pursuant to this Agreement , shall be vested in the COUNTY . Said <br /> materials shall be made available to the COUNTY by the SURVEYOR at <br /> any time upon request of the COUNTY. On or before the tenth day after <br /> all work contemplated under this Agreement is complete , all of the above <br /> materials shall be delivered to the County Public Works Director <br /> 4 <br /> F \Eng,ine. erin g\Capital Projects\0390-Annual Survey Contracts 2003 -2004\0390 AQREEMENT-Morgan Eklund, <br /> Im Aoc <br />