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2011-031
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2011-031
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SECTION V — AMENDMENTS OR ADDITIONAL WORK <br /> In the event changes or modifications, such as additions or deletions , become desired by the County, those <br /> changes shall be the subject of a separate fee schedule included in the work order approved by the Board of <br /> County Commissioners or the County Administrator . Additional services include , but are not limited to the <br /> following : <br /> • Meetings and site visits in addition to those included in the scope of work above . <br /> • Testing of smoke control system . <br /> SECTION V - PAYMENTS <br /> The County shall pay the Engineer monthly progress payments for all work included and completed in accordance <br /> with this Agreement . The Engineer shall provide a description of work completed with each pay request . <br /> Reimbursable expenses (actual cost) may be billed with each pay request . Payment shall be made pursuant to the <br /> Local Government Prompt Payment Act, Florida Statute 218 . 70 et seq . <br /> SECTION VI - RIGHT OF DECISIONS <br /> All services shall be performed by the Engineer to the satisfaction of the Facilities Manager as <br /> Representative of the County who shall decide all questions , difficulties , and disputes of whatever nature which <br /> may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service <br /> hereunder, and the character, quality, amount and value thereof, and the Facilities Manager ' s decision upon all <br /> claims questions 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 in the work that might <br /> become necessary or be deemed desirable as the work progresses shall be reviewed by the Facilities Manager . In <br /> the event that the Engineer does not concur in the judgment of the Facilities Manager as to any decisions made by <br /> him , he shall present his written objections to the County Administrator, and the Facilities Manager and the <br /> Engineer shall abide by the decision of the County Administrator of Indian River County, unless the decision is <br /> clearly arbitrary or unreasonable . <br /> SECTION VII — OWNERSHIP, REUSE AND CONFIDENTIALITY OF DOCUMENTS <br /> A . Ownership <br /> All reports , tracings , plans , specifications , field books , survey information , maps , contract <br /> documents , and other data developed by the Engineer for the purpose of this Agreement shall <br /> become the property of the County and shall be made available by the Engineer at any time upon <br /> request of the County . When all work contemplated under this Agreement is complete , all of the <br /> above data shall be delivered to the Facilities Manager . <br /> B . Reuse of Documents <br /> All documents , including but not limited to drawings and specifications , prepared by the Engineer <br /> pursuant to this Agreement are related exclusively to the services described herein . They are not <br /> intended or represented to be suitable for reuse by the County or others on extensions of this <br /> project or on any other project . Any such utilization or adaptation will entitle the Engineer to <br /> further compensation at rates to be agreed upon by the County and the Engineer . The Engineer <br /> shall not be held liable for any reuse of the Documents and shall not be held liable for any <br /> modifications made to the documents by others . <br /> C . Confidentiality of Documents <br />
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