Subject:
Title
Letter Agreement regarding indemnification of Rowland (DE), LLC. from damage liability related to emergency sewer repair at 11793 96th Place in Seminole.
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Recommended Action:
Recommended Action
Approval and execution by the County Administrator of the Letter Agreement regarding indemnification of Rowland (DE), LLC (Rowland) from damage liability related to emergency sewer repair at 11793 96th Place in Seminole.
• Letter indemnifies County contractor from additional damages while making emergency repairs at subject location due to a failed gravity pipe.
• Indemnity requested to ensure repair does not cause ongoing liability to contractor due to possible settlement issues.
• Resolution 06-70 states County does not indemnify.
Body
Strategic Plan:
Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to create and enhance a safe, secure, and healthy community
Deliver First Class Services to the Public and Our Customers
5.3 Ensure effective and efficient delivery of county services and support
5.4 Strive to serve the needs of all Pinellas County residents and customers
Summary:
This Letter Agreement indemnifies the County’s contractor, Roland, from additional damages while making emergency sewer repair at 11793 96th Place in Seminole, due to required repair to a failed gravity pipe.
Indemnity requested to ensure the sewer repair does not cause ongoing liability on the contractor due to settlement issues. Every reasonable effort is being made to prevent additional settlement during construction.
Work is being performed under the existing Annual Sanitary Sewer Repair and Extension FY 2022-2024 Agreement approved by the Board of County Commissioners on January 25, 2022.
Background/Explanation:
On September 12, 2024, a 12-foot-deep gravity sewer pipe failed in a rear yard easement behind the residence at 11793 96th Place in Seminole. The failed sewer pipe caused a hole to open behind the house. The disrupted soil and voids created have caused damage to the pool decking and screen enclosure. The repair location is difficult and further complicated by both underground and above ground Duke Energy power lines and poles.
While prepping the site for the repair, Hurricanes Helene and Milton delayed Duke Energy relocations and sewer repair. The effect of rain from the hurricanes also increased the size of the hole and apparent settlement to the pool enclosure.
The existing condition under the pool decking and the structural stability of the pool is unknown. The excavation of the needed sewer repair could further impact the pool structure. The location of the Duke Energy facilities makes shoring up of the pool structure unfeasible.
Fiscal Impact:
N/A
Delegated Authority:
Authority for the County Administrator to sign this Indemnity Agreement is granted under Code Section 2-62 (a)(1).
Staff Member Responsible:
Jeremy Waugh, P.E. - Director Pinellas County Utilities
Partners:
N/A
Attachments:
Agreement Letter
Resolution 06-70