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2010-057B
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2010-057B
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Last modified
1/7/2016 12:38:25 PM
Creation date
10/1/2015 2:03:43 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/02/2010
Control Number
2010-057B
Agenda Item Number
8.L.
Entity Name
Dunkelberger & Associates
Geotechnical Professional
Subject
Annual Services Agreement
Supplemental fields
SmeadsoftID
9591
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according to the prosecution and fulfillment of the service hereunder , and the character, <br /> quality , amount and value thereof. The COUNTY ' s decision upon all claims , questions , <br /> and disputes 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 Engineer . If the GEOTECHNICAL <br /> PROFESSIONAL does not concur in the judgment of the County Engineer 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 <br /> GEOTECHNICAL PROFESSIONAL shall abide by the County Administrator' s decision , <br /> unless the decision is clearly arbitrary or unreasonable . <br /> SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS <br /> A . Ownership and Copyright : Ownership and copyright of all reports , test <br /> results , and other data developed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement , shall be vested in the <br /> COUNTY . Said materials shall be made available to the COUNTY by the <br /> GEOTECHNICAL PROFESSIONAL at any time upon request of the <br /> COUNTY . On or before the tenth day after all work contemplated under <br /> this Agreement is complete , all of the above materials shall be delivered to <br /> the County Engineer . <br /> B . Reuse of Documents : All documents , including but not limited to reports <br /> and tests , prepared or performed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement , are related exclusively to <br /> the services described herein . They are not intended or represented to be <br /> suitable for reuse by the COUNTY or others on extensions of this project <br /> or on any other project . The COUNTY ' s reuse of any document shall be <br /> at the COUNTY ' s own risk . The COUNTY shall not hold the <br /> GEOTECHNICAL PROFESSIONAL liable for any misuse by others . <br /> SECTION XI — NOTICES <br /> Any notices , reports or other written communications from the GEOTECHNICAL <br /> PROFESSIONAL to the COUNTY shall be considered delivered when posted by <br /> certified mail or delivered in person to the County Engineer . Any notices , reports or <br /> other communications from the COUNTY to the GEOTECHNICAL PROFESSIONAL , <br /> shall be considered delivered when posted by certified mail to the GEOTECHNICAL <br /> PROFESSIONAL at the last address left on file with the COUNTY or delivered in -person <br /> to said GEOTECHNICAL PROFESSIONAL or its authorized representative . <br /> SECTION XII — TERMINATION <br /> Either party may terminate this Agreement upon seven ( 7 ) days written notice to <br /> the other party , except if the GEOTECHNICAL PROFESSIONAL terminates this <br /> Agreement , such termination shall not be effective , absent the COUNTY ' s consent , until <br /> the GEOTECHNICAL PROFESSIONAL ' S completion to the COUNTY ' s satisfaction , of <br /> any pending Work Order . <br /> SECTION XIII — GEOTECHNICAL PROFESSIONAL ' S PERSONNEL ASSIGNED TO <br /> THE PROJECT <br /> CADocuments and Settings\dawnw\Local Settings\Temporary Internet Files\Conte�. Outlook\B7MZRA8B\2010021 RFQ AGREEMENT-Dunkelberger. doc <br />
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