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HomeMy WebLinkAbout07 - CC-9 - Release of Cash Deposit for Bid Bond - 7/19/2011CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 19, 2011 ITEM NUMBER: SUBJECT: RELEASE OF CASH DEPOSIT FOR TEN (10) PERCENT BID BOND IN CONNECTION WITH FAIRVIEW PARK WETLANDS AND RIPARIAN HABITAT PROJECT - CITY PROJECT NO. 11-06 DATE: JULY 7, 2011 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER, (714) 754-5335 RECOMMENDED ACTION: Release the cash deposit in the amount of $280,000.00 for the required ten (10) percent bid bond submitted by MG Construction and Development, Inc., 8900 Eton Avenue, Unit C, Canoga Park, California, 91304, in connection with the Fairview Park Wetlands and Riparian Habitat Project. BACKGROUND: On April 29, 2011, staff advertised City Project No. 11-06 for the Fairview Park Wetlands and Riparian Habitat. The project specifications include a contractual requirement that all bids be submitted with a bid bond in the form of cash, money order, cashier's check, or by a surety bond in an amount equal to at least ten (10) percent of the bid. Said bond is forfeited in case the bidder depositing the bond fails to execute the contract within ten (10) days after written notice. ANALYSIS: On June 6, 2011, the City Clerk received and opened twelve (12) bids for the construction of this project. Jeff Tracy, Inc. DBA Land Forms Landscape Construction was the apparent low bidder. On June 21, 2011 a construction contract in the amount of $2,902,978.00 was awarded to Land Forms Landscape Construction. MG Construction and Development, Inc. was the third lowest bidder and in lieu of a bid bond submitted a cashier's check in the amount of $280,000.00. Since the construction contract with the lowest responsible bidder has been signed, staff recommends that the cash bid bond submitted by MG Construction and Development, Inc. be released. The refund request form is included as "Attachment 1." ALTERNATIVES CONSIDERED: There is no alternative relative to this item. 1 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 obligations of the bid bond have been met by the low apparent bidder. Therefore, staff recommends that the cash bid bond in the amount of $280,000.00 be released to MG Construction and Development, Inc. ERNESTO MUNOZ City Engineer LARRY HURST Interim Finance Director PETER NAGHAVI, DIRECTOR Department of Public Services ATTACHMENT: "1" Refund Request Form DISTRIBUTION: Chief Executive Officer City Attorney City Clerk Staff File E ATTACHMENT 1 CITY OF COSTA MESA _fit=s_°Lxy- REFUND REQUEST FORM From: ❑ Finance Vendor #: ❑ Building Safety Permit #: ❑ Planning Amount: $ 280 000.00 ❑ Public Services $280,000 ❑ Community Services Date: June 7. 2011 ® Other City Clerk Department Signature Account Fund Or anization Program Project/Grant Amount 215140 101 $280,000 Name and address of applicant: MG Construction and Development Inc. 8900 Eton Avenue Unit C Canoga Park, CA 91304 Phone: (818)773-7351 Applicant's Signature Date REASON FOR REFUND: Bid Bond Refund -Fairview Park Wetlands and Riparian Habitat, CITY PROJECT NO. 11-06 =11-1116111A Finance: City Manager: 2401-22 MW ONLINE