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Home My WebLink AboutVI (B) Discussion/ Action re: Storm Sewer and Road Repair Agreement re: Silver Glen _ Agenda 7-15-97 ` Item VI B P.► Of a c'es 110 o • or GOOy JAMES W. SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT. 142•FAX(407)656-7835 MEMORANDUM DATE: July 7, 1997 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Storm Sewer Repairs - Silver Glen Subdivision Over the past few months, we have been working with U.S. Home and their engineers and contractors to try to determine what repair work is required on the storm sewers in the Silver Glen subdivision. There are several areas of failed pavement, and we are aware of several storm sewer pipe joints that have above acceptable leakage rates. The attached Storm Sewer and Road Repair Agreement between U.S. Home Corporation, their contractor, Eddie Fountain, d/b/a F.E. Development Recycling, Inc. and the City of Ocoee is the result of an extensive video inspection of the storm sewer system by the City and U.S. Home's engineers and contractors. The inspection resulted in a report which rated the storm sewer pipe joints from 1 to 4, with 1 and 2 being acceptable, and 3 and 4 being those in need of repair. The Agreement calls for U.S. Home to repair, at its cost, all leaking pipe joints that were rated as 3 or 4, and to also repair those areas of failed pavement that are or can reasonably be attributable to problems with the subsurface storm sewer system. These storm sewer joints and pavement failure areas have been delineated and agreed upon by the City and U.S. Home. I recommend that the City Commission authorize the Mayor and City Clerk to execute the Storm Sewer and Road Repair Agreement. Upon execution, we will notify U.S. Home to begin work as quickly as possible. JWS/jbw Attachment C:ALL_DATA/WORD/jws9Tcommissionlsilglen.doc l� THE PRIDE OF WEST ORANGE STORM SEWER AND ROAD REPAIR AGREEMENT This Storm Sewer and Road Repair Agreement ("Agreement") is made and entered into between U.S. Home Corporation ("U.S. Home"), Eddie Fountain, d/b/a F.E. Development Recycling, Inc. ("Fountain"), and the City of Ocoee ("City"). BACKGROUND A. U.S. Home is the developer of a residential subdivision lying within the City of Ocoee identified as Silver Glen. U.S. Home previously caused, through independent contractors, the infrastructure improvements to be completed for Phase I, Villages I and II, and Phase II, Village I of Silver Glen (the "Property"). These completed infrastructure improvements include specifically the storm sewer system and roads within the Property, which were completed for the Phase I portions of the Property in 1990 and for the Phase II portions of the Property in 1994. B. Fountain was the contractor for U.S. Home and completed the installation and construction of the storm sewer system and the roads for the Property as described in this Agreement. Certificates of Completion for the storm sewer system and roads for the Property were issued by the City and the two-year developer maintenance period required under the City's Code has expired. Upon a preliminary determination that there may exist certain problems or defects in the storm sewer system and roads for the Property, the parties to this Agreement jointly undertook an investigation to determine as fully as reasonably possible the extent and detail of any such suspected problems or defects in the storm sewer system and/or roads. C. U.S. Home engaged the services of CCL Consultants, Inc., to conduct an inspection of the storm sewer system within the Property and did obtain from CCL Consultants, Inc., a report entitled "Storm Sewer Infiltration Review" dated June 5, 1997, prepared for the City and for U.S. Home (the "Review"). The Review set forth four classifications for determination of any infiltration of soils into the storm sewer system through the pipelines. The Review further recommends that any pipeline joints with infiltration falling within Classes 3 and 4 as identified in the Review be corrected through remedial action as described in the Review. U.S. Home, in coordination with CCL Consultants, Inc., also obtained a Proposal/Contract from Altair Environmental Group, Inc. ("Altair"), dated May 28, 1997, to conduct the remedial work to the storm sewer system pipeline joints as described in the Review (the "Contract"). D. Independent of, but potentially caused by, the possible infiltration of soils into the storm sewer pipelines, pavement failure problems also were determined to exist on portions of the roads within the Property. In conjunction with the remedial action for the storm sewer system under the provisions of this Agreement, the parties have agreed to inspect and jointly designate those visible areas of pavement failure on the roads within the property, which areas of pavement failure also will be subject to remedial action as more specifically set forth hereafter. AGREEMENT In order to avoid any present or future dispute between the parties hereto with regard to the infrastructure improvements for the Property, U.S. Home, Fountain and the City hereby agree as follows: 1. All information set forth in the foregoing Background section of this Agreement is true and correct to the best knowledge and belief of each party hereto. By entering into this Agreement, none of the parties hereto admit, or shall be deemed to have admitted, any liability, responsibility or wrongdoing in connection with any of the infrastructure improvements for the Property, it being the express intent and purpose of the parties hereunder to resolve any matters related to such improvements amicably in the exercise of good business judgment. 2. U.S. Home agrees to hire and pay for the services of Altair to conduct the remedial work described in the Contract identified herein for the storm sewer pipeline joints. The City shall have the right, in its sole discretion, to coordinate such additions to the work to be performed under the Contract as the City deems to be desirable for remedial work to the storm sewer pipelines in excess of the remedial work recommended and described in the Review and the Contract. Upon mutual determination by the City and Altair of any such additional work to be performed at the City's request, U.S. Home agrees to hire and pay for the services of Altair to conduct the additional work requested by the City on the express condition that the City shall reimburse U.S. Home for all costs paid to Altair for the additional work; Altair, the City and U.S. Home shall execute an Addendum to this Agreement in order to clarify specifically any additional work to be performed at the City's request and the additional cost thereof to be paid by U.S. Home and reimbursed by the City. 3. Representatives of each of the parties under this Agreement jointly and simultaneously shall inspect the roads within the Property and determine specifically those areas of the roads on which there is pavement failure which must be corrected. Upon joint determination by all parties of the areas of the roads to be repaired, Fountain, at his sole cost and expense, agrees to conduct the necessary excavation work and replace base material and asphalt pavement in the failed areas of the roads. 4. The City shall conduct inspections from time to time during the course of the remedial work being performed by Fountain and Altair. Upon completion of the remedial work under the Contract and completion of the road repairs to be identified specifically pursuant to Paragraph 3 above, U.S. Home and Fountain shall have no further liability or responsibility of any nature with respect to the infrastructure improvements. It is the specific intent of the parties hereunder that upon completion of the specific remedial work and action described in this Agreement and acceptance thereof by the City, U.S. Home and Fountain be fully and completely released from any and all liability or responsibility for any other remedial work or action of any nature regarding the infrastructure improvements within the Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates as indicated below: U.S. HOME CORPORATION, a Delaware corporation By: EDDIE FOUNTAIN, d/b/a F.E. Name: DEVELOPMENT-RECYCLING, INC. Title: Date: Date: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: , 1997 Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 1997 LEGALITY this day of UNDER AGENDA ITEM NO. , 1997 FOLEY & LARDNER By: City Attorney