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Home My WebLink About2009-209 WORK ORDER NUMBER 5 - RR PROFESSIONAL ENGINEERING SERVICES for REVISIONS to the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT This Work Order Number 5 - RR is entered into as of this 18th day of August , 2009 , pursuant to that certain Agreement for Professional Services entered into as of February 21 , 2006 ( "Agreement" ) , by and between Indian River County , a political subdivision of the State of Florida ( " COUNTY" ) and Malcolm Pirnie , Inc . ( " CONSULTANT " ) . The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1 , attached to this Work Order and made part hereof by this reference . The professional services will be performed by the CONSULTANT for the fee schedule set forth in Attachment 2 , attached to this Work Order and made a part hereof by this reference . The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Attachment 3 , attached to this Work Order and made a part hereof by this reference , all in accordance with the terms and provisions set forth in the Agreement . Pursuant to paragraph 1 . 4 of the Agreement , nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein . IN WITNESS WHEREOF , the parties hereto have executed this Work Order as of the date first written above . CONSULTANT BOARD OF COUNTY COMMISSIONERS MALCOLM PIRNIE INC . OF INDIAN RIVER COUNTY r By : Wt B�� Wesley S . Davis , Chairman TitleAl� lt Awe Chi yC � Attest : J . K . Barton , Clerk of Court By. rA , Deputy Clerk Approved : r� \ J eph A . Baird , County Administrator roved a to form and legal sufficiency : Marian E . Fell , Sr . Assistant County Attorney 1 F :\Public Works\KeithM\Stormwater Projects\Rockridge SubdivisionMork Orders\Work Order #5\Work Order #5-RR - February 23 , 2009 . doc ATTACHMENT 1 to WORK ORDER NO . 5 - RR PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT INTRODUCTION/OVERVIEW Indian River County (the " County" ) has requested that Malcolm Pirnie , Inc . (the " CONSULTANT" ) perform additional environmental permitting services . The additional permitting services are required because environmental mitigation permitting issues have changed substantially since the original work order that included permitting was issued . Originally , it was envisioned that mitigation of environmental damage to existing canals leading from Rockridge to the Indian River Lagoon , would be minimal and relatively straightforward . However , some time after execution of the original work order , one of the subject canals was totally cleared of all vegetation , including significant numbers of mature mangroves . The U . S . Army Corps of Engineers added the mitigation required by this clearing to the Rockridge Surge Protection Project ' s other mitigation requirements , thereby significantly changing all initial assumptions made for the project ' s original environmental permitting task . The environmental permitting was further complicated by difficulties encountered in securing an acceptable mitigation site . These unforeseen events require Work Order No . 5 - RR for additional engineering permitting services . 1 . 0 ENVIRONMENTAL PERMITTING Provide environmental permitting services as necessary to permit the Rockridge Surge Protection Project , including but not limited to meetings ; preparation of permit applications and addenda ; and written and oral communication with permitting agencies and the County . The mitigation site will be on County owned property named " Harmony Oaks . " All land survey work will be performed by others and is not part of this Work Order . * * END OF ATTACHMENT 1 ** 2 F :\Public Works\KeithM\Stormwater Projects\Rockridge Subdivision\Work Orders\Work Order #5\Work Order #5- RR - February 23 , 2009 . doc ATTACHMENT 2 to WORK ORDER NO. 5-RR PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 1 . COMPENSA TION The COUNTY agrees to pay and the CONSULTANT agrees to accept , a not-to - exceed fee of $ 11 , 556 . 00 for services rendered according to Attachment 1 of this WORK ORDER . Work will be billed at the hourly rates set forth in the Agreement . 2 . PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month . The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Work Order during the prior month . The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department . For lump sum line items , the amount submitted shall be the prorated amount due for all work performed to date under this phase , determined by applying the percentage of the work completed as certified by the CONSULTANT , to the total due for this phase of the work . For time and material line items , the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period . The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph , less ten percent ( 10 % ) of the invoice amount thus determined , which shall be withheld by the COUNTY as retainage , and less previous payments . Per F . S . 218 . 74 (2 ) , the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT ' s invoice . Per F . S . 218 . 74 (2 ) , the ten percent ( 10 % ) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY , on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. * * END OF ATTACHMENT 2 * * 3 F : \Public Works\KeithM\Stormwater Projects\Rockridge Subdivision\Work Orders\Work Order #5\Work Order #5-RR - February 23 , 2009 . doc ATTACHMENT 3 to WORK ORDER NO. &RR PROFESSIONAL ENGINEERING SERVICES for ADDITIONAL PERMITTING REQUIREMENTS for the ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 1 . TIME FOR COMPLETION The time for completion for this project depends upon review agencies ' promptness . The CONSULTANT shall perform all activities related to the permitting process in a timely and efficient manner, in order to expedite the regulatory process to the best extent practical . * * END OF ATTACHMENT 3 ** 4 F :\Public Works\KeithM\Stormwater Projects\Rockridge Subdivision\Work Orders\Work Order #5\Work Order #5-RR - February 23 , 2009 . doc