File #: 13-0259    Name: Accept as complete portion of EG Subdivision Phase 1
Type: General Agenda Item Status: Passed
File created: 3/12/2013 In control: Board of Supervisors
On agenda: 3/26/2013 Final action: 3/26/2013
Title: a. Accept as complete a portion of the East Garrison Subdivision Phase 1 Infrastructure Improvements, including off-site road improvements, off-site and on-site drainage improvements, and on-site grading, erosion control, and infrastructure; b. Accept the completed road improvements on Intergarrison Road, Intergarrison Connector Road, and West Camp Street into the County’s maintained road system; and c. Approve the release or reduction of Grading, Faithful Performance, and Labor and Material Bonds related to said improvements in accordance with Government Code section 66499.7 after the passage of time for recording claims or liens.
Sponsors: Public Works / RMA
Attachments: 1. Exhibit A - Vicinity Map, 2. Exhibit B - Background of Activities East Garrison Development, 3. Exhibit C - Construction Bond Summary East Garrison Development Project, 4. Exhibit D-Sudivision Improvement Agreement, 5. Exhibit E - Letter from Whitson Engineers 9-9-12, 6. Exhibit F-MCWA Accepting Infrastructure Improvements, 7. Completed Board Order
Title
a. Accept as complete a portion of the East Garrison Subdivision Phase 1 Infrastructure Improvements, including off-site road improvements, off-site and on-site drainage improvements, and on-site grading, erosion control, and infrastructure;
b. Accept the completed road improvements on Intergarrison Road, Intergarrison Connector Road, and West Camp Street into the County's maintained road system; and
c. Approve the release or reduction of Grading, Faithful Performance, and Labor and Material Bonds related to said improvements in accordance with Government Code section 66499.7 after the passage of time for recording claims or liens.
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
 
a. Accept as complete a portion of the East Garrison Subdivision Phase 1 Infrastructure Improvements, including off-site road improvements, off-site and on-site drainage improvements, and on-site grading, erosion control, and infrastructure;
 
b. Accept the completed road improvements on Intergarrison Road, Intergarrison Connector Road, and West Camp Street into the County's maintained road system; and
 
c. Approve the release or reduction of Grading, Faithful Performance, and Labor and Material Bonds related to said improvements in accordance with Government Code section 66499.7 after the passage of time for recording claims or liens.
 
SUMMARY:
The recommended actions will allow the County to accept as complete portions of the East Garrison Phase 1 infrastructure improvements, accept the off-site improvements into the County's maintained road system, and authorize release and reductions of the Subdivider's bonds for these improvements.  Exhibit B provides the background for the East Garrison development project.
 
DISCUSSION:
On November 4, 2008, the Board of Supervisors accepted a portion of the East Garrison Subdivision Improvements as completed, approved reduction of Faithful Performance Bond No. 5026126 issued by Bond Safeguard Insurance Company for Phase 1 off-site road improvements on Reservation Road and Intergarrison Road to the amount of $791,500, and approved a 50% reduction of Grading Bond No. SU5022535 issued by Arch Insurance Company in the amount of $4,026,000.
 
On August 16, 2012, the on-site grading for Phases 1 and 2 was determined to be complete and the Building Services Department closed out the Grading Permit; therefore, the grading bond can be released.
 
On September 21, 2012, the Resource Management Agency - Public Works determined the offsite and on-site street, storm drain, sewer, and water system infrastructure improvements have been constructed in accordance with the approved Improvement Plans and as specified in the implementation agreements, and recommends their acceptance.  The Faithful Performance and Labor and Materials Bonds for these completed improvements can be released.  (A summary of the bonds for this project is provided in Exhibit C.)  Certain improvements that are not yet completed will remain bonded (See Exhibit E - letter from Whitson Engineers, September 9, 2012).
 
The Subdivider is providing a one-year Warranty Security in the amount of $2,588,765.70 for the completed offsite and on-site street, storm drain, sewer, and water system infrastructure improvements in accordance with the Subdivision Improvement Agreement.
 
OTHER AGENCY INVOLVEMENT:
The Building Services Department has approved the release of the grading bond for Phase 1 and Phase 2.  The Planning Department, Building Services Department, Water Resources Agency, Environmental Health Bureau, and Monterey County Regional Fire District have all verified that the subject improvements have been completed in accordance with the approved construction drawings and associated conditions of approval.
 
On July 27, 2006, the Marina Coast Water District (MCWD) and the East Garrison Community Facilities District (EGCFD) approved a Construction and Transfer of Water, Sewer, and Recycled Water Infrastructure Agreement with the original developer, whereby MCWD agreed to accept, own, and operate the water, sewer, and recycled water improvements to be constructed for the East Garrison Project, and to provide such services to the development.  On March 27, 2012, MCWD and the EGCFD approved a Construction and Transfer of Water, Sewer, and Recycled Water Infrastructure Agreement for the East Garrison Development Phase 1 and Phase 2 with the New Developer, whereby MCWD reaffirmed this agreement relative to the first two phases of the development.  On September 11, 2012, the MCWD Board of Directors approved and accepted these improvements as complete (Exhibit F).
 
FINANCING:
There is no financial impact to the General Fund.  Sufficient appropriations are available in the County Road Fund budget (Fund 002, Unit 8195).  In accordance with the approved Disposition and Development Agreement (DDA) and related documents, all costs for construction of the improvements and the County's review thereof have been funded by the Subdivider.
 
Prepared by: G.H. Nichols, P.E., Civil Engineer, (831) 755-5386
 
Approved by:
 
_________________________________________
Robert K. Murdoch, P.E., Director of Public Works
 
_________________________________________________
Benny J. Young, RMA Director
 
Dated:  March 18, 2013
 
Attachments:
Exhibit A: Vicinity Map
Exhibit B: Background of Activities - East Garrison Development
Exhibit C: Bond Summary
Exhibit D: Subdivision Improvement Agreement between Monterey County and East Garrison Partners I, LLC Re. East Garrison Phase 1 Onsite Improvements Plans and East Garrison Phase II Improvement Plans
Exhibit E: Letter from Whitson Engineers September 9, 2012
Exhibit F: MCWA Accepting the Infrastructure Improvements between MCWD and UCP East Garrison, LLC
 
cc:
Monterey County Water Resources Agency, David Chardovoyne, General Manager
Monterey County Regional Fire District, Michael Urquides, Chief
Monterey County Parks Department, Michael Ferry, Director
Monterey County Sheriff Department, Scott Miller, Sheriff
Monterey County Health Dept, Environmental Health Bureau, John Ramirez, Director
UCP East Garrison, LLC, Jim Fletcher
Monterey-Salinas Transit, Mike Hernandez, Asst General Manager/COO
Marina Coast Water District, Jim Heitzman, General Manager