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2009-265
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2009-265
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Last modified
3/15/2016 12:13:00 PM
Creation date
10/1/2015 3:55:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/13/2009
Control Number
2009-265
Agenda Item Number
8.C.
Entity Name
Kelly Collins & Gentry Inc.
Subject
Services for 16th St. and 66th Ave. Litigation
Supplemental fields
SmeadsoftID
10835
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SECTION Vit - PARTIAL PAYIYIENTS <br /> ' File COUNTY shall make payments to the ENGINFFR as identified in this Agreement . Payment <br /> shall be made pursuant to the Local Government Prompt Payment Act , Florida Statute 21 S - 70 e ( sect . <br /> SECTION Vill - FXTRA WORT{ <br /> In the event extra work is necessary by the ',NGINGI? R clue to a chaaage in scope of the project . <br /> such work shall be the subject of a supplemental Work Order approved by the Board of County <br /> Commissioners . <br /> SECTION iX - w ( MT OF DECISIONS <br /> All services shall be performed by the E,NGINEIR to flee satisfaction of the Director ofthe Public <br /> Works Department who shall decide all questions , difficulties , and disputes of whatever nature which may' <br /> arise under o - by reason of this Agreement and according to the prosecution and fulfillment of the service <br /> hereunder, and the character , quality, amount and vahre thereof, and the Director' s decision upon all claims <br /> questions and disputes shall be final , conclusive arui binding upon the parties hereto unless such <br /> cieteIll ) i ) ,Itiou is clearly arbitrary or unreasonable . <br /> Adjustments of compensation and contract time because of any major changes in the work that <br /> might become necessary or be deemed desirable as the work progresses shall be revieNved by the Director <br /> othe Pupum <br /> Public Works De < tent . In the event Chat the 1~ NGINI . FR does not concur in <br /> f the judgment of the <br /> I) ircctor of, the Public Works Department as to any decisions made by him be shall present bis written <br /> objections to the County Administrator; and the Public Works Director and the ENGINE, R shall abide by <br /> tlae decision of the County Administrator of Indian River County , unless the decision is clearly arbitary or <br /> unreasonable . <br /> SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS <br /> A . Ownership <br /> All reports , tracings , plans , specitications , field books , survey information , maps . contract <br /> docuamcnts , and other data developed b_y the Iif <br /> `NGINI , LR tier the purpose of this <br /> Agreement s11311 become the property of the COUNI Y and shall be made available by the <br /> LNGINh,ER at any time upon request of the COUNfY . ` ilea all work contemplated <br /> under this Agreement is complete , all of the above data shall be delivered to the Director <br /> of the Public Works Department . <br /> {; . Rous lOf Documents <br /> All documents , including tint not limited to drawings and specifications , prepared by the <br /> I� NGINI? I; R pursuant to this A ( recment arc related exclusively to the services described <br /> herein . They are not intended or rcprc.sented to be suitable for reuse by the COl_1N ' tY or <br /> others on extensions ofthis project or ora any other project . Any such utilisation or <br /> adaptation will entitle the FNGINI FT' R to further compensation at rates to h wrkc04 upon <br /> by the COUN " I ' Y and the I" NGINb. IdR . " I ' he I �N ( TINI : ER shall not be held liable R1r any <br /> reuse of the DOCUmCilts and shall not be held liable for any ulcxlifications made to the <br /> documents by otther:s . <br /> SECTION XI - NOTICES <br />
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