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2013-128
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2013-128
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Last modified
12/7/2015 9:16:32 AM
Creation date
10/1/2015 5:22:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/09/2013
Control Number
2013-128
Agenda Item Number
8.G.
Entity Name
Donadio and Associates Architects
Subject
Skeet & Trap Facility Improvement Agreement
Area
Indian River County Public Shooting Range
Supplemental fields
SmeadsoftID
11995
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(5 ) Final payment and release of 5 percent retainage shall be made when CONSULTANT has, in the <br /> COUNTY ' S opinion, successfully completed all aspects included in this Agreement (and any <br /> amendments) and has submitted complete and legally effective releases or waivers (satisfactory to <br /> OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. <br /> SECTION IX — RIGHT OF DECISIONS <br /> ( 1 ) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY ' S <br /> Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature <br /> which may arise under or by reason of this Agreement and according to the prosecution and <br /> fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the <br /> Project Manager' s decision upon all claims questions and disputes shall be final conclusive and <br /> binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . <br /> (2) Adjustments of compensation and time because of any major changes in the work that might <br /> become necessary or be deemed desirable as the work progresses shall be reviewed by the <br /> COUNTY ' S Project Manager. In the event that the CONSULTANT does not concur in the <br /> judgment of the COUNTY ' S Project Manager as to any decisions made by him, he shall present <br /> his written objections to the County Administrator; and the COUNTY ' S Project Manager and the <br /> CONSULTANT shall abide by the decision of the County Administrator of Indian River County, <br /> unless the decision is clearly arbitrary or unreasonable . The CONSULTANT may appeal the <br /> decision to the Board of County Commissioners. <br /> SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> ( 1 ) Ownership <br /> ed b <br /> All reports, g tracings, plans, specifications, contract documents, and other data developed y <br /> the <br /> CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY <br /> and shall be made available by the CONSULTANT at any time upon request of the COUNTY. <br /> When all work contemplated under this Agreement is complete, all of the above data shall be <br /> delivered to the County Engineer. <br /> (2) Reuse of Documents <br /> All documents, including but not limited to drawings and specifications, prepared by the <br /> CONSULTANT pursuant to this Agreement are related exclusively to the services described <br /> herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on <br /> extensions of this project or on any other project. Any such utilization or adaptation will entitle <br /> the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the <br /> CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents <br /> and shall not be held liable for any modifications made to the documents by others. <br /> SECTION XI - NOTICES <br /> Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be <br /> considered delivered when posted by certified mail or delivered in person to the COUNTY ' S project <br /> manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall <br /> be considered delivered when posted by certified mail to the CONSULTANT at the last address left on <br /> Page 7 of 11 <br /> R\Public Works\ENGINEERING DIVISION PROJECTS\12134RC Shooting Range-Skeet & Trap Improvemnts & Hunters Train Bldg\Admim\bid documents\Agreement - RFQ 2012024 <br /> Donadio and <br /> Assoc..doc <br />
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