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HomeMy WebLinkAbout06 - CC-6 - Release of Bonds in Connection with Encr - 10/17/2016CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 17, 2016 ITEM NUMBER: CC -6 SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO. PS15-00147 FOR STREET IMPROVEMENTS LOCATED AT 2562 SANTA ANA AVENUE, COSTA MESA, CALIFORNIA DATE: OCTOBER 6, 2016 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: JAMES G. ROSS, INTERIM PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714)754-5335 RECOMMENDED ACTION Release the Performance and Labor and Material Bonds (Certificate No. 802544S) in the amounts of $19,583.00 each for street improvements to NTH 5, LLC (Developer), 418 Via Lido Nord, Newport Beach, CA 92663. BACKGROUND The Engineering Division issued Encroachment Permit No. PS15-00147 for the construction of street improvements on Santa Ana Avenue. The Encroachment Permit allowed for the construction of curb and gutter, sidewalk, drive approach and parkway drains. The Performance and Labor and Material Bonds in the amounts of $19,583.00 each were received and accepted by the Public Services Department as a guarantee for the construction of the improvements. ANALYSIS All conditions of the Encroachment Permit have been met and the work has been completed and accepted by the Public Services Department. ALTERNATIVES CONSIDERED The alternative to this Council action would be to retain the Performance and Labor and Material Bonds. Costa Mesa Municipal Code Section 15-32 states, "The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this chapter in a good and workmanlike manner and to the satisfaction of the City Engineer." These conditions have been met; therefore, retention of the bonds would be in violation of the Municipal Code. FISCAL REVIEW There is no fiscal impact to the City relative to this item. LEGAL REVIEW There is no legal review required relative to this item. CONCLUSION All of the required conditions of the Encroachment Permit have been completed by the contractor. Therefore, staff recommends that the Performance, and Labor and Material Bonds in the amounts of $19,583.00 each be released to NTH 5, LLC. JAMES G. ROSS Interim Public Services Director DISTRIBUTION Chief Executive Officer Assistant CEO City Attorney Staff BALTAZAR MEJIA City Engineer