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and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at <br />the sole option of the COUNTY. A separate Notice -to -Proceed may, at the sole option of the <br />COUNTY, be given for each phase of the services contained in any Work Order hereunder. <br />1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing <br />requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the <br />COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order <br />shall conflict with the terms of this Agreement, and the terms of this Agreement shall be <br />deemed to be incorporated into each individual Work Order as if fully set forth therein. <br />1.5 A schedule of current hourly billing rates set forth in Exhibit 2 attached to this Agreement <br />and made a part hereof by this reference. These hourly bill rates will be adjusted annually <br />(effective January 1, 2024 and each year thereafter) based on a minimum of the Producer Price <br />Index for Engineering Services. <br />1.6 No representation or guarantee is made by Indian River County as to the minimum <br />or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will <br />receive during the term of this Agreement. <br />1.7 The Background Recitals are true and correct and form a material part of this <br />Agreement. <br />2. COUNTY OBLIGATIONS <br />2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or <br />reports available as required in connection with the work to be performed under this Agreement, <br />together with all available drawings, surveys, right-of-way maps, and other documents in the <br />possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to <br />accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's <br />attention, for the County's resolution, material inconsistencies or errors in such data that come <br />to the CONSULTANT'S attention. <br />2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT <br />to enter upon, public and private property (where required) as necessary for the <br />CONSULTANT to perform its Services, upon timely written request of CONSULTANT to <br />COUNTY. <br />2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. <br />2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, <br />specifications, proposals and other documents presented by the CONSULTANT, and render, <br />in writing, decisions pertaining thereto within a reasonable time. <br />2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not <br />limited to drawings, design specifications, written reports, or any work products of any <br />nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of <br />responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's <br />review, approval or acceptance of, or payment for, any of the Services furnished under this <br />Agreement shall be construed to operate as a waiver of any rights under this Agreement or of <br />any cause of action arising out of the performance of this Agreement. The CONSULTANT <br />shall be and remain liable in accordance with all applicable laws for all damages to the <br />COUNTY caused by the negligent performance by the CONSULTANT of any of the Services <br />furnished under this Agreement. <br />2.6 The COUNTY reserves the right to appoint one or more Project Managers for the <br />2 <br />