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Professional Surveyor............................................................................... $90. 00 Survey CADD Tech .................................................................................. $65.00 3 Man Field Crew.....................................................6..6............6..........6.. $135.00 SECTION IX - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the Director of the Public Works Department who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Director's decision upon all claims questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. The Director of the Public Works Department shall review adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses. In the event that the ENGINEER does not concur in the judgment of the Director of the Public Works Department as to any decisions made by him he shall present his written objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership All reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the ENGINEER for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the ENGINEER at any time upon request of the COUNTY , When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department. B. Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the ENGINEER pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any reuse of the Documents and shall not be held liable for any modifications made to the documents by others. SECTION XI - NOTICES Any notices, reports or other written communications from the ENGINEER to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the Director of the Public Works Department. Any notices, reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted Page 6 of 9 G:\Admin\Marketing\Proposals\WPB\2007\43rd Avenue Arcadis Work Order No 3 Survey Agrement 04-24-07 .doc