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Home My WebLink About2012-041A a s� 9nect*4 12. �elATe PC + O G • SA t CROP ANT aRIDG REPS ACEM 51F�13A S°V ACJ W1614L)'N06S AGREEMENT BETWEEN COUNTY AND ENGINEER ?o12 _ Oq I CIVIL ENGINEERING SERVICES This Agreement , made this 2-1 day of ip . 20111 by and among Indian River County hereinafter called the "County" , and Professional Engineering Resources , Inc . , ( PEER) hereinafter called the " Engineer" , WITNESSETH , that whereas the Engineer intends to provide Civil Engineering Services for the Gaidry property located at the southwest corner of 4th Street. and 82 nd Avenue in Indian River County, Florida hereinafter called (the "work") . NOW THEREFORE , the County and the Engineer, for consideration hereinafter set forth , agree as follows : ARTICLE 1 . WORK TO BE ACCOMPLISHED 1 . 1 Review Indian River County 82nd Avenue over Lateral " D ' Canal Engineering Plans and Topographic Survey . Prepare review comments listing any adverse impacts to the Gaidry property as a result of the proposed improvements . Coordinate with Ms . Mickey R . E . Barkett, Esq . ARTICLE 2 . THE COUNTY/COUNTY' S RESPONSIBILITY 2 . 1 Provide Professional Engineering Resources , Inc . with the most current Engineering Plans and Topographic Survey in paper and Autocadd format . ARTICLE 3 . INTENTIONALLY LEFT BLANK ARTICLE 4. ENGINEERING FEE 4 . 1 Fee for the below Services a) Review Indian River County 82nd Avenue over Lateral " D ' Canal Engineering Plans and Topographic Survey . b) Site inspection and meeting with property owner and Ms . Mickey R . E . Barkett , Esq . c) Prepare letter review comments listing any adverse impacts to the Gaidry property as a result of the proposed improvements . d ) Telephone calls with Mrs . Mickey R . E . Barkett , Esq . 1 e) Conference call with County to discuss letter review comments . The flat fee for the above services is $ 5 , 000 . 00 . This fee does not include any services (other than those specifically listed above) done in preparation for eminent domain proceedings . No additional services will be provided by Professional Engineering Resources , Inc . unless a separate agreement is reached . ARTICLE 5 . PAYMENTS 5. 1 Payments of the fee for Services shall be made to the Engineer upon completion of the work listed in Article 4 . 1 . The County shall payment in accordance with the local Government Prompt Payment Act F . S . 218 . 70 et. seq . ARTICLE 6 . OTHER PROVISIONS 6 . 1 Ownership of Documents : All drawings and computer generated data prepared by the Engineer shall be and remain the property of the Engineer. All reproductions of the same provided to , or requested by the County shall be and remain the property of the County and shall not be used by others except by written approval by Professional Engineering Resources , Inc . The Engineer is not required to provide computer generated data of the Drawings or work product under this contract . The Engineer is not required to provide any work product or other privileged information . 6 . 2 Successors and Assigns . This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs , successors and assigns . 6 . 3 Scope of Agreement: This Agreement .represents the entire understanding between -Professional Engineering Resources , Inc. and Indian River County in respect to this case . It may only be modified in writing in a manner mutually acceptable to both parties . 6 . 4 No Waiver: This Agreement is intended to obligate the County to pay for PEER's pre-eminent domain acquisition and engineering services so that the property owner and the County may enter into pre-acquisition negotiations without . PEER bearing the risk of non -payment at this stage of eminent domain proceedings . It is not intended to create ra client relationship between the County and PEER . The parties acknowledge that Dee Gaidry is PEER ' s client , and no confidentiality, work 2 x product, or attorney-County privilege is being or will be waived by entering into this agreement . IN WITNESS HEREOF , the parties hereto have executed this Agreement the day and year first above written . COUNTY: INDIAN RIVER COUNTY 1801 27th Street Vero Beach , Florida BY: TITL County Administrator DATE : February 21 , , ,,2012 ENGINEER : PROFESSIONAL ENGINEERING RESOURCES , INC 8424 4TH Street, N . , Suite Q St . Peter sbur rid , 33702 BY : TITLE : too DATE : APPROVED AS TO FORM AND LEGAL F C N BY WILLIA K. DEBRAAL - - - DEPUTY COUNTY ATTORNEY 3