Meeting Type: BCC Regular Meeting
Meeting Date: 1/3/2023
Item Status: New
From: Joey Nunnally, P.E., County Engineer
Tyler Mitchell, P.E., Construction Manager
Submitted by: Halley Dixon, Operation Support Specialist II
______________________________________________________________________
ITEM TITLE
Title
Case No. S-20047 (SFP22-000015) - Kipling Meadows Phase Two - Road Acceptance
Body
STAFF RECOMMENDATION
Recommendation
Take the following actions regarding Subdivision Case No. S-20047 (SFP22-000015) - Kipling Meadows Phase Two in Maintenance Area 300:
1) Accept the following subdivision roads for maintenance and authorize said roads to be added to the County Maintenance Road List:
Road Name Length Asphalt Width
Mandalay Circle 1,495 ft 20 ft
Leander Avenue 435 ft 20 ft
2) Approve and authorize the Chairman to execute the Subdivision Roadway and Drainage Improvement Acceptance Agreement with Turnberry Development 2016 LLC and Ammons & Blackmon Construction LLC; and
3) Accept the Surety Document from Fidelity and Deposit Company of Maryland on behalf of Ammons & Blackmon Construction, LLC, in the amount of $172,816.90 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 November 3, 2022, the Baldwin County Highway Department approved the Final and “As-Built” construction plans for Kipling Meadows Phase Two (County Case No. S-20047) located in Foley. The required improvements have been inspected and are in accordance with the Subdivision Regulations.
The Baldwin County Subdivision Regulations, Article §7.42 - Maintenance Surety Document, 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 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, of 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).
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?
N/A
Reviewed/approved by: N/A
Additional comments: Standard agreement used as previously approved by Brad Hicks, County Attorney (approved 01/09/2020) los
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 have Commission Chairman and County Administrator execute Subdivision Roadway Acceptance Agreement and return signed document to Halley Dixon (Highway Department). Appropriate Highway Department Personnel will be notified to begin maintenance.
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Please send correspondence to:
Contact:
Mr. William Rance Reehl
Owner, Managing Member
Turnberry Development 2016 LLC
24190 US Highway 98 Suite B
Fairhope, Alabama 36532
Additional instructions/notes: N/A