Meeting Type: BCC Regular Meeting
Meeting Date: 6/19/2018
Item Status: New
From: Joey Nunnally, P.E., County Engineer;
Seth Peterson, P.E., Permit Subdivision Manager
Submitted by: Laurie Rumbaugh, Office Administrator
______________________________________________________________________
ITEM TITLE
Title
Case No. S-17018 - Road Acceptance for Rivers Edge, Phase 2
Body
STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Approve the following subdivision roads for maintenance and authorize said roads to be added to the County Maintenance Road List:
Street Name Length Maint. Area Asphalt Width Curbing
Cool Springs Drive 1,222 ft 300 26 ft No
Winding River Drive 422 ft 300 26 ft No
2) Approve the Subdivision Roadway and Drainage Improvement Acceptance Agreement and accept the Surety Document from Platte River Insurance Company on behalf of River 53, LLC in the amount of $112,500.00 to guarantee the workmanship and materials of the roadways and drainage improvements within the public rights-of-way as shown on the approved Final and “As-Built” construction plans.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: On March 21, 2018, the Baldwin County Highway Department, Permit Section approved the Final and “As-built" Construction Drawings for Rivers Edge, Phase 2 (County Case S-17018) located on River Road N in the Foley area.
The Baldwin County Subdivision Regulations, Article §7.4.2 - Maintenance Surety, requires the following:
(a) Acceptance of Maintenance Surety Document. The surety document must first be reviewed by the County Engineer and Chief Legal Counsel, and then accepted and approved by the County Commission;
(b) Value of Maintenance Surety Document. The maintenance surety document shall be of an amount equal to or greater than 40 percent of the cost (Itemized Engineer’s Cost Estimate) of the full construction of the required roadway and drainage improvements within the public rights-of-way, including but not limited to, grading, paving of the streets, and installation of stormwater structures. When the County Engineer identifies potential problems, conditions or reasons for further protection of the County and public funds a greater amount may be required by the County Engineer;
(c) Term of Maintenance Surety Document. A maintenance surety document must state that it is “valid for a period of time” as prescribed in the Subdivision Roadway and Drainage Improvement Acceptance Agreement. A twenty-four (24) month warranty period will begin to run upon the occurrence of both of the following (a) the County Commission votes in the affirmative to accept for maintenance the roadway and drainage improvements, within the public rights-of-way; and (b) the maintenance surety document in acceptable form is delivered to the Baldwin County Commission.
Notwithstanding the above requirements, this warranty period shall be automatically extended in the event that an invoice has been sent to the Owner and the time of the subject invoice conflicts with, or the necessary repairs extend beyond, the final date of the twenty-four (24) month warranty period. In such event, said maintenance surety document shall remain in full effect until the Baldwin County Commission releases said surety document following the fulfillment of all obligations to the Baldwin County Commission as required by the Subdivision Roadway and Drainage Improvement Acceptance Agreement.
The value and terms of the surety have been reviewed by Highway Department Staff and are consistent with the requirements of the Baldwin County Subdivision Regulations (see attached Cost Estimate).
This item was pulled from the 5/1/2018 Commission meeting. The County Attorney requested changes be made to the maintenance bond. The applicant has made the requested changes.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: County Attorney
Additional comments: County Attorney requested changes to the maintenance bond in May 2018. The applicant has made requested changes.
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Staff; Permit Division
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration Staff to have Commission Chairman and County Administrator execute Subdivision Roadway Acceptance Agreement and return the signed document to the Permit Division. Permit Division will notify all appropriate County Highway personnel to begin maintenance.
Additional instructions/notes: N/A