2010-251 - Laserfiche WebLink

Home Browse Search

SECTION VII - PARTIAL PAYMENTS The COUNTY shall make monthly payments to the ENGINEER based upon an itemized breakdown using the above rates . Payments will be made pursuant to the Florida Prompt Payment Act, Florida Statute 218 . 70 et sed . SECTION VIII - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the Public Works Director 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 . 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 shall be reviewed by the Public Works Director . In the event that the ENGINEER does not concur in the judgment of the Public Works Director 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 IX - OWNERSHIP AND USE OF DOCUMENTS All original drawings and information are to remain the property of the ENGINEER. The COUNTY will be provided with paper and electronic copies of final as built drawings and/or reports for information and reference purposes . SECTION X - 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 Public Works Director or County Engineer . Any notices , reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized representative . In person deliveries shall be evident by signed receipts . SECTION XI - TERMINATION This agreement may be terminated by the authorized representative effective immediately upon receipt of written notice . Payment will be due for services rendered through the date of written notice receipt . C:\Documents and Settings\georges\Local Settings\Temporary Internet Piles\OLK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 1 O . doc 2