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2022-268
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2022-268
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Last modified
1/5/2023 2:20:34 PM
Creation date
1/5/2023 2:18:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
12/20/2022
Control Number
2022-268
Agenda Item Number
15.B.4.
Entity Name
Kimley-Horn and Associates, Inc.
Subject
CCNA2018 Work Order 47 Amendment No. 2 for Roadway Improvements
and Drainage Improvements at the IRC Landfill
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professional fee rates and all expenses, including such costs as actual attorney's fees, incurred by the Surveyor <br />in the preparation of response to, and in defense against such claim or claims. <br />Ownership of Materials: All reports, plans, specifications, estimates, and supporting documentation, including <br />but not limited to: all field data, photographs/videos, calculations, drawings, reports, other data, <br />documentation, and records prepared by the Surveyor are instruments of service and shall remain the property <br />of the Surveyor. The principal documents (plans, specifications, reports, etc.) are copyright protected. Copies <br />may not be reproduced or altered in any way without the express written consent of the Surveyor. The Client <br />agrees that all reports and other services furnished to the Client or assignee will be returned immediately upon <br />demand, if payment for Surveyor's services is delinquent or in dispute. Further, the Client agrees, under such <br />circumstances, that all material furnished by the Surveyor or the Client or assignees thereof will not use copies <br />for any purposes whatsoever. After the conclusion or suspension of the Surveyor's services, the Surveyor will <br />retain all pertinent summaries and reports relating to services performed for the Client on the project for five (5) <br />years following submission of the report, plans, specifications, and/or engineering cost estimate for examples, <br />as applicable. The records will be made available to the Client during that time period. The Surveyor also <br />retains ownership of all materials used to mark property corners and the right to access these materials in the <br />event of any necessary adjustments. Electronic files may be provided for an additional charge, solely as a <br />convenience to the recipient and shall NOT be considered "Drawings of Record" or as "Construction <br />Documents". All documents considered "Drawings of Record" or "Construction Documents" shall be HARD <br />COPY and shall be accompanied by a professional's stamp and signature. Masteller, Moler & Taylor, Inc. does <br />not guarantee the accuracy of the electronic data, due to possible alterations by others. These electronic files <br />shall not be used for purposes beyond the scope of original contract. All said drawings; reports, etc. are for the <br />exclusive use of the contracting party only, and not transferable. Any subsequent parties or property owners <br />are not authorized to use said documents without contracting with Masteller, Moler & Taylor, Inc. for re- <br />certification of the work. <br />Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State <br />of Florida. The parties irrevocably consent to the jurisdiction and venue of the courts located in Indian River <br />County, Florida with respect to this Agreement or the services provided. <br />Severability: If any provision herein is determined to be invalid or unenforceable, the validity or enforceability <br />of the other provisions shall not be affected. <br />END OF STANDARD CONDITIONS <br />Page 3 of 3 <br />
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