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The. most recent soil borings were performed in November <br />1980. Since these borings were taken over ten years ago, <br />there may be no legal recourse against the geotechnical firm <br />for providing the County with misleading data. Staff intends <br />to pursue this matter further. - <br />The remainder of the items on this Change Order deal with <br />drainage improvements on the south end of the project. <br />These improvements are needed to insure proper drainage of <br />the residential area to the west of the Boulevard. <br />ALTERNATIVES AND ANALYSIS <br />The alternatives are as follows: <br />Alternative No. 1 <br />Authorize Change Order No. 5 in the amount of <br />$136,807. This would result in a revised contract <br />amount of $2,876,888.55. <br />Alternative No. 2 <br />Deny authorization of the Change Order and re -negotiate. <br />RECOMMENDATIONS AND FUNDING <br />Staff recommends that Change Order No. 5 be approved. <br />Funding is from Account 309 -214 -541 -066.51 -Indian River <br />Boulevard, Phase III, Construction in Progress. <br />Commissioner Scurlock asked why this work would not be part <br />of the contract, and Public Works Director Jim Davis explained <br />that some of these areas have a much deeper section of this muck <br />and the engineer did not anticipate this. <br />Administrator Chandler further explained that this is based <br />on soil borings done in 1980 and 1981 by Universal of Orlando. <br />This is outside the scope of work. <br />Chairman Bird asked if we could recover some damages if the <br />soil borings were erroneous, and Administrator Chandler reported <br />that we have not made a final determination on the negligibility <br />of Universal. <br />Commissioner Scurlock noted that this bidder was low by <br />$600,000, but Chairman Bird felt that we seem to be always taking <br />it on the chin. He understood, however, that the main issue here <br />is to remove the muck. <br />Commissioner Bowman suspected that perhaps the engineer <br />missed the rock because they didn't take enough soil borings. <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Eggert, the Board unanimously approved <br />Change Order No. 5, as set out in the above staff <br />recommendation. <br />CHANGE ORDER NO. 5 IS ON FILE IN THE OFFICE <br />OF THE CLERK TO THE BOARD <br />NOV49 <br />2 6 1991 <br />