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2023-079H
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2023-079H
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Last modified
5/16/2023 11:24:30 AM
Creation date
5/16/2023 11:16:13 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/02/2023
Control Number
2023-079H
Agenda Item Number
8.D.
Entity Name
MBV Engineering, Inc.
Subject
Continuing Contract Agreement for Consulting Engineering Services
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Reuse of any document or drawing shall be at the COUNTY's own risk. <br />3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify <br />system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the <br />duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for <br />obtaining proof of E -Verify registration and utilization for all subconsultants. <br />3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by <br />others. <br />3.19 Where services hereunder include preparation of drawings and other contract documents by <br />CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the <br />opinion of the COUNTY, drawings and other contract documents so prepared are found during the course <br />of construction to require modification due to the oversight, inadvertence or negligent omissions of, <br />errors by, or lack of detail provided by CONSULTANT, such modifications must be made by <br />CONSULTANT without additional compensation. Where such contract documents are used in letting a <br />contract for construction, CONSULTANT will assume responsibility for any direct or actual damages <br />suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to <br />a construction contractor, which increase is directly attributable to the required changes in the Drawings <br />or other contract documents to the extent caused by CONSULTANT's negligent acts, omissions, or errors. <br />4. TERM; DURATION OF AGREEMENT <br />This Agreement shall remain in full force and effect for a period of three (3) years after the date of <br />execution thereof, or until completion of all project phases as defined by the COUNTY, whichever <br />occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated <br />pursuant to Section 9 "Termination", This Agreement may be extended for one additional two (2) <br />year term, at the discretion of the County. <br />5. COMPENSATION <br />5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum <br />amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments <br />or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased <br />as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for <br />proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project <br />Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a <br />determination of satisfactory completion, the County Project Manager will authorize payment to be made. <br />All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the <br />Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et <br />seq.). <br />5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and <br />lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel <br />subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel <br />expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, <br />the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within <br />Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and <br />where a CONSULTANT maintains an office in Indian River County. <br />5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for <br />approvals directly attributable to the Services under the Project. These permit fees do not include <br />those permits required for any construction contractor. <br />2023015 Agreement - 5 <br />
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