HomeMy WebLinkAbout2003-316 SETTLEMENT AGREEMENT AND GENERAL RELEASE //, '25, -
01
Whereas, Indian River County, Florida ( " County" ) engaged Kimley-Horn and Associates, Inc . (" Kimley-
Horn" ) in a written agreement dated November 1 , 1994 ("the Agreement" ) to perform engineering services
in exchange for certain compensation in connection with : Design of Kings Highway widening ( " the
Project") ;
Whereas, Smith & Company, Inc . , a general contractor ( " Contractor") was hired by County to construct
the Project designed by Kimley-Horn;
Whereas, a problem (" the Problem" ) has arisen concerning the construction documents prepared for the
Project by Kimley-Horn which is summarized as follows : The guardrail posts between Sta 106+00 and
121 +00 punctured the storm drain pipe;
Whereas, remediation of the Problem will require additional construction and repair to the existing work,
and Kimley-Horn has agreed to hire and pay a new contractor to perform said remediation of the Problem
to the satisfaction and benefit of County; and,
Whereas, both Kimley-Horn and County wish to set forth the terms of the remediation and settle any and
all disputes which have arisen or may hereafter arise from the Problem;
Now Therefore, in consideration of the mutual covenants herein the parties agree as follows :
1 . Kinley-Horn will contract with Burkhardt Construction, Inc . to perform the work of installing a
new storm drainage line parallel to the damaged line from Sta 106+00 to Sta 117+94 and repairing
the damaged line from Sta 117+94 to Sta 120+25 as shown on Kimley-Horn drawings dated
9/ 11 /03 (copy attached) . Burkardt Construction, Inc . will provide a standard one year materials
and workmanship warranty to County on all work performed by them.
2 . County agrees that the remediation work, when completed as shown on attached drawings, will
cure the Problem to the County' s satisfaction and that County will accept the remediation work
when completed in accordance with the attached drawings and specifications .
3 . County grants to Kimley-Horn and Burkhardt Construction, Inc . any and all access rights and
permits required to construct the remediation as shown on the attached drawings .
4 . Kimley-Horn will obtain any required permit modifications from St. John ' s River Water
Management District and Indian River Farms Water Control District.
5 . County agrees to allow Kimley-Horn and Burkhardt Construction, Inc . access to the site
concurrent with the ongoing work of Contractor.
6 . Upon completion of the remediation work and acceptance by County, Kimley-Horn will have no
further obligation to pay money or perform services related to the Problem to County under the
Agreement . The Agreement dated November 1 , 1994, is hereby amended accordingly to the
extent necessary to give effect to this Settlement Agreement and Agreement for Release .
7 . Upon completion of the remediation work and acceptance by County, County, agrees to execute a
release (subject to the one year warrantee period) for itself and for anyone claiming by, under or
through it, releasing Kimley-Horn and its agents, officers, subcontractors, and employees from
any and all claims of every kind and nature relating to the Problem, known or unknown, now
existing or hereafter acquired, based on any theory of law or equity, including negligence ;
excepting only actions to enforce the terms of this Settlement Agreement and Release .
8 . As of the date of this agreement, The County acknowledges and represents to Kimley-Horn that it
has no knowledge of any actual or alleged errors or omissions of Kimley-Horn related to any
services provided by it other than those alleged errors and omissions being released hereby.
9 . In the event of any conflict between any provision of the Agreement and this Settlement
Agreement and Release, this Settlement Agreement and Release shall control .
10 . This Settlement Agreement and Release is a compromise of claims and by its execution neither
party admits any wrongdoing of any kind.
11 . Any contract between Kimley-Horn and Burkhardt Construction concerning remediation of the
problem shall meet with the approval of County and shall conform and incorporate County' s
specifications . County retains the right to inspect, monitor and reject any non-conforming work
done by Burkhardt. Kinley-Horn agrees to provide County with regular reports and updates
concerning the work.
12 . Kimley-Horn agrees that this remediation work shall be completed within 90 calendar days of the
date of this Agreement.
In witness were of the parties have executed this Agreement this 18th day of November , 2003 .
Kimley- Horn and Assoc0 es , Inc . Indian River County
601 21St Street, Suite 4 Board of Cou Commissioners
Vero ch , Florida 3 0 184025 th reet
Vero B h , Florida 329
By: By:
Charles L . er, P . E . Ken eth R . Macht, Chairman
Senior Vice- Pr sident
Attes
Attest:
Attest : Deputy Clerk
D� Accepted : c
mes E . Chandler, County A inist for
Agvdto f a I ffiency :
By
Indian River County Approved Date
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