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2005-337
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2005-337
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Last modified
8/11/2016 10:27:18 AM
Creation date
9/30/2015 9:19:05 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/04/2005
Control Number
2005-337
Agenda Item Number
11.I.4
Entity Name
Bridge Design Associates,Inc.
Subject
Bridge replacement 107-B & 9920-B
Area
53rd Street over Lateral H Canal
Supplemental fields
SmeadsoftID
5220
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SECTION IX - RIGHT OF DECISIONS <br /> All services shall be performed by the ENGINEER to the satisfaction of the Director of <br /> the Public Works Department who shall decide all questions , difficulties , and disputes of <br /> whatever nature which may arise under or by reason of this Agreement and according to the <br /> prosecution and fulfillment of the service hereunder , and the character , quality , amount and <br /> value thereof, and the Director' s decision upon all claims , questions , and disputes shall be final , <br /> conclusive and binding upon ti ie parties hereto unieSs Such determination iinatioi i iS Clearly arb tr ai y Ci <br /> unreasonable . <br /> Adjustments of compensation and contract time because of any major changes in the <br /> work that might become necessary or be desirable , as the work progresses shall be reviewed <br /> by the Director of the Public Works Department . In the event that the ENGINEER does not <br /> concur in the judgment of the Director of Public Works Department as to any decisions made <br /> by him he shall present his written objections to the County Administrator , and the Public Works <br /> Director and the ENGINEER shall abide by the decision of the County Administrator of Indian <br /> River County , unless the decision is clearly arbitrary or unreasonable . <br /> SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> A . Ownership and Copyright <br /> All reports , tracings , plans , specifications , field books , survey information , maps , <br /> contract documents , and other data developed by the ENGINEER for the <br /> purpose of this AGREEMENT shall become the property of the COUNTY and <br /> shall be made available by the ENGINEER at any time upon request of the <br /> COUNTY . When all work contemplated under this Agreement is complete , all of <br /> the above data shail be delivered to the Director of the Public Works <br /> Department. <br /> B . Reuse of Documents <br /> All documents , including but not limited to drawings and specifications , prepared <br /> by the ENGINEER pursuant to this Agreement are related exclusively to the <br /> services described herein . They are not intended or represented to be suitable <br /> for reuse by the COUNTY or others on extensions of this project or on any other <br /> project . Any such utilization or adaptation will entitle the ENGINEER to further <br /> compensation at rates to be agreed upon by the COUNTY and the ENGINEER . <br /> The ENGINEER 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 /> 8 <br /> F :\Engineering\Capital Projects\0107- B & 9920-B Bridge Design\9920- B- Box Culvert in Canal at 16th St & 74th Ave\9920B <br /> Professional Agreement for Bridge Design-8-5-05 .doc <br />
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