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2008-369
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2008-369
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Last modified
4/18/2016 2:19:18 PM
Creation date
10/1/2015 1:06:30 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2008
Control Number
2008-369
Agenda Item Number
8.M.
Entity Name
Dunkelberger Engineering & Testing
Subject
Services Agreement 2008-2009
Supplemental fields
SmeadsoftID
8102
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Unless otherwise stated in the Work Order , the GEOTECHNICAL <br /> PROFESSIONAL shall submit duly certified invoices in duplicate to the County <br /> Engineer. <br /> The Agreement shall be divided into units of deliverables , which shall include , but <br /> not be limited to , reports , findings , recommendations , and test results , that must be <br /> received and accepted in writing by the County Engineer, prior to payment . <br /> SECTION IX — RIGHT OF DECISIONS <br /> All services shall be performed by the GEOTECHNICAL PROFESSIONAL to the <br /> satisfaction of the County Engineer who shall decide all questions , difficulties , and <br /> disputes of whatever nature that may arise under or by reason of this Agreement , <br /> according to the prosecution and fulfillment of the service hereunder, and the character, <br /> quality , amount and value thereof. The COUNTY' s decision upon all claims , questions , <br /> and disputes shall be final , conclusive , and binding upon the parties hereto , unless such <br /> determination is clearly arbitrary or unreasonable . <br /> Adjustments of compensation and contract time because of any major changes <br /> in the work that might become necessary or be deemed desirable as the work <br /> progresses shall be reviewed by the County Engineer . If the GEOTECHNICAL <br /> PROFESSIONAL does not concur in the judgment of the County Engineer as to any <br /> decisions made by him or her, it shall present its written objections to the County <br /> Administrator of Indian River County , who shall make a decision , and the <br /> GEOTECHNICAL PROFESSIONAL shall abide by the County Administrator' s decision , <br /> unless the decision is clearly arbitrary or unreasonable . <br /> SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS <br /> A . Ownership and Copyright : Ownership and copyright of all reports , test <br /> results , and other data developed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement , shall be vested in the <br /> COUNTY . Said materials shall be made available to the COUNTY by the <br /> GEOTECHNICAL PROFESSIONAL at any time upon request of the <br /> COUNTY . On or before the tenth day after all work contemplated under <br /> this Agreement is complete , all of the above materials shall be delivered to <br /> the County Engineer. <br /> B . Reuse of Documents : All documents , including but not limited to reports <br /> and tests , prepared or performed by the GEOTECHNICAL <br /> PROFESSIONAL pursuant to this Agreement , are related exclusively to <br /> the services described herein . They are not intended or represented to be <br /> suitable for reuse by the COUNTY or others on extensions of this project <br /> or on any other project . The COUNTY' s reuse of any document shall be <br /> at the COUNTY' s own risk . The COUNTY shall not hold the <br /> GEOTECHNICAL PROFESSIONAL liable for any misuse by others . <br /> SECTION XI — NOTICES <br /> Any notices , reports or other written communications from the GEOTECHNICAL <br /> PROFESSIONAL to the COUNTY shall be considered delivered when posted by <br /> certified mail or delivered in person to the County Engineer . Any notices , reports or <br /> other communications from the COUNTY to the GEOTECHNICAL PROFESSIONAL , <br /> shall be considered delivered when posted by certified mail to the GEOTECHNICAL <br /> 4 <br /> F:\Engineering\Capital Projects\Annual Geotechnical Services Contract\2008 RFQ\2008071 RFQ AGREEMENT-Dunkelberger Engineering & Testing, Inc -doc <br />
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