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CONSULTING ENGINEERING SERVICES AGREEMENT FOR OSLO PARK PAVING AND DRAINAGE PROJECT (IRC -2308) THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 9th day of January, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), and Carter Associates, Inc., ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the County solicited, evaluated and developed ranking of firms to provide Design Services for Oslo Park Paving and Drainage ("Project"), based on statement of qualifications received in response to Request for Qualifications 2023057. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Oslo Park Paving and Drainage Services ("Services") as more fully set forth in the Phase 1 Scope of Work, attached as "Exhibit A" to this Agreement and made a part hereof by reference. C. The Consultant is willing and able to perform the Services for the County on the terms and conditions set forth below; and D. The County and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 Professional services provided by the Consultant for the County will include survey, geotechnical investigation, permitting investigation, conceptual design, and public outreach, as identified in Exhibit A. The parties agree that the not to exceed services rates in Exhibit A are the basis to be used for billing purposes and that method of Consultant's compensation is set forth in section 5. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities ("standard of care"). The Consultant will use due care in performing its services and will have due regard for acceptable engineering design standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibit(s) shall be Services for which the Consultant must obtain the prior written approval of the County as provided by