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1999-116
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1999-116
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Last modified
8/1/2023 9:55:17 AM
Creation date
8/1/2023 9:53:30 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/27/1999
Control Number
1999-116
Entity Name
Applied Technology & Management Inc. (Consultant)
Subject
Indian River County Beach Preservation Plan Agreement for Pre Engineering Design
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SECTION Viil - EXTRA WORK <br />In the event extra work is necessary from the CONSULTANT due to a change in scope <br />of the project, such work shall he the subject of a supplemental work order approved by the <br />Board of County Commissioners. <br />SECTION iX - RIGHT OF DECISIONS <br />All services shall be performed by the CONSULTANT to the satisfaction of the County <br />Coastal Engineer who shall decide all questions, difficulties, and disputes of whatever nature <br />• which may arise under or by reason of this Agreement and according to the prosecution and <br />fulfillment of the service hereunder, and the character, quality, amount and value thereof, and <br />the County Coastal Engineer's decision upon all claims questions and disputes shall be final, <br />• conclusive and binding upon the parties hereto unless such determination is clearly arbitrary <br />or unreasonable. <br />Adjustments of compensation and contract time because of any major changes in the <br />work that might become necessary or be deemeddesirable as the work progresses shall be <br />reviewed by the County Coastal Engineer. In the event [fiat the CONSULTANT does not <br />concur in the judgment of the County Coastal Engineer as to any decisions made by hina <br />he/she shall present his/her written objections to the County Public Works Director; and the <br />County Coastal Engineer and the CONSUi. [ANT shall abide by the decision of the Public <br />Works Direclo-* of Indian River County, unless The decision is clearly arbitrary or <br />unreasonable. <br />SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br />A. Ownership <br />All report:,, tracings, plans, spKific Ttions, field books, survey information, <br />maps, contrast documents, and olherdata developed by theCONSUL TANT for <br />the purpose of this Agreement shall become the property of the COUNTY and <br />shall be made available by the CONSUL [AN i at any time upon request of the <br />COUNTY. When all work contemplated under this Agreement is complete, all <br />of the above data shall be delivered to the County Coast.sl t ngin"r within one <br />month of completion. <br />B. Reuse of Documents <br />All documents, including but not limited to drawings, reports, and <br />specifications, prepared by the CONSUL TAN T pursuant to this Agreement are <br />related exclusively to the services described herein. Cornprnsation will not be <br />required for reuse of the documents for any purpose by the COUNTY. The <br />CONSULTANT shall not be held liable for any reuse of the Documents and <br />shall not be held liable for any modifications made to the documents by others. <br />SECTION XI - NOTICES <br />Any notices, reports or other written communications from the CONSULTANT to the <br />COUNTY shall be considered delivered when ,posted by certified mail or delivered in Berson <br />to the County Coastal Engineer at 1840 25"' Street, Vero Beach, FL.. Any notices, reports or <br />other communications from the COUNTY tothe CONSULTANT shall be considered delivered <br />when posted by certified mail to the CONSULTANT at Applied Technology & Management, <br />Inc., 2770 NW 43 Street, Suite B Gainesville, FL 32606-7419, or the last address left on file <br />with the COUNTY or delivered in person to said CONSULTANT or his authorized <br />representative. In person deliveries shall be evidence by signed receipts. <br />6 <br />
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