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2023-243A
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2023-243A
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Last modified
12/18/2023 11:22:56 AM
Creation date
12/18/2023 11:21:41 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/07/2023
Control Number
2023-243A
Agenda Item Number
8.I.
Entity Name
Kimley-Horn and Associates, Inc.
Subject
Agreement for Continuing Contract for Consulting Environmental, Ecological
& Biological Support Services
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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 Work Order, as approved by the COUNTY, shall be an addendum to <br />this Agreement. Nothing contained in any Work Order shall conflict with the terms of this <br />Agreement, and the terms of this Agreement shall be deemed to be incorporated into each <br />individual Work Order as if fully set forth therein. <br />1.5 A schedule of current hourly billing rates is set forth in Exhibit 1, attached to this <br />Agreement and made a part hereof by this reference. These hourly billing rates will remain effective <br />for the term of the Agreement. <br />1.6 No representation or guarantee is made by Indian River County as to the minimum or <br />maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive <br />during the term of this Agreement. <br />1.7 The Background Recitals are true and correct and form a material part of this Agreement. <br />2. COUNTY OBLIGATIONS <br />2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports <br />available as required in connection with the work to be performed under this Agreement, together with <br />all available drawings, surveys, right-of-way maps, and other documents in the possession of the <br />COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data <br />provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's <br />resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. <br />2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to <br />enter upon, public and private property (where required) as necessary for the CONSULTANT to <br />perform its Services, upon timely written request of CONSULTANT to 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, specifications, <br />proposals and other documents presented by the CONSULTANT, and render, in writing, decisions <br />pertaining thereto within a reasonable time. <br />2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to <br />drawings, design specifications, written reports, or any work products of any nature whatsoever <br />furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the <br />technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance <br />of, or payment for, any of the Services furnished under this Agreement shall be construed to operate <br />as a waiver of any rights under this Agreement or of any cause of action arising out of the <br />performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with <br />all applicable laws for all damages to the COUNTY caused by the negligent performance by the <br />CONSULTANT of any of the Services furnished under this Agreement. <br />2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific <br />Services in connection with any Work Order. The Project Manager shall: <br />(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit <br />instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's <br />policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, <br />whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. <br />2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the <br />202306o Agreement - 2 <br />
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