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2014-135
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2014-135
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Last modified
3/13/2017 2:59:10 PM
Creation date
1/11/2017 1:25:57 PM
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Official Documents
Official Document Type
Agreement
Approved Date
09/23/2014
Control Number
2014-135
Agenda Item Number
8.B.
Entity Name
Ardaman & Associates
Subject
Geotechnical Services Agreement
Project Number
RFQ2014007
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The Agreement shall be divided into units of deliverables, which shall include, but <br />not be limited to, reports, findings, recommendations, and test results, that must be <br />received and accepted in writing by the County Engineer, prior to payment <br />SECTION IX — RIGHT OF DECISIONS <br />All services shall be performed by the GEOTECHNICAL PROFESSIONAL to the <br />satisfaction of the County Engineer who shall decide all questions, difficulties, and <br />disputes of whatever nature that may arise under or by reason of this Agreement, <br />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 />4 <br />F \Public Works\ENGINEERING DIVISION PROJECTS11349-RFQ 2014007 Geotechnical ServicesWdminlAgreemen,ts 2014-201512014-2016 <br />AGREEMENT ARDAMAN.doc <br />
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