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HomeMy WebLinkAbout05 - CC-6 - Release of Bonds PS06-00630 & PS09-00238 - 9/4/2012CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 4, 2012 ITEM NUMBER: SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMITS NO. PS06- 00630 AND PS09-00238 FOR STREET IMPROVEMENTS FOR TRACT 16917 LOCATED AT 1011 TO 1045 EL CAMINO DRIVE, COSTA MESA, CALIFORNIA DATE: AUGUST 23, 2012 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR BY: FOR FURTHER INFORMATION CONTACT: FARIBA FAZELI, INTERIM CITY ENGINEER (714)754-5335 RECOMMENDATION: Release the Performance and Labor and Material Bonds (Certificate No. 661119371) in the amounts of $489,672 each for street improvements to Oxbow 101, LLC (Developer), 3 San Joaquin Plaza, Suite 100, Newport Beach, California 92660. BACKGROUND: On February 3, 2009, the City Council approved the amendment of Final Tract Map No. 16917 for the subdivision of twenty-four (24) residential lots and one (1) lettered lot for a common interest residential development. The Engineering Division issued Encroachment Permits No. PS06-00630 and PS09-00238 to Rielly Homes, LP (Contractor), for the construction of street improvements within EI Camino Drive, Coronado Drive, and Mendoza Drive. The Encroachment Permits allowed the construction of sidewalk, curb and gutter, drive approaches, catch basin, street lights, and undergrounding of utilities. The Performance and Labor and Material Bonds in the amounts of $489,672 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 Permits 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 1 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 Permits have been completed by the contractor. Therefore, staff recommends that the Performance and Labor and Material Bonds in the amounts of $489,672 each be released to Oxbow 101, LLC. FARIBA FAZELI Interim City Engineer ERNESTO MUNOZ Public Services Director DISTRIBUTION: Chief Executive Officer Assistant CEO Deputy CEO/Director of Economic and Development City Attorney City Clerk Division E