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6.1.J. - Page 3 <br />measurement and payment sections describing all of the bid items. The bid amount by <br />Empire Engineering for this bid item was $60,000.00, and the allowable based on all of <br />their other submitted bid amounts would have $15,000.00. <br />Staff initially notified Empire Engineering of City staff's intent to recommend that the City <br />Council reject Empire Engineering's bid as non-responsive and award the project to the <br />second lowest responsible and responsive bid by letter, dated August 6, 2018 and sent <br />by certified mail on August 9, 2018. <br />The decision to reject Empire Engineering's bid as non-responsive is permitted under <br />Section 0200 of the Project Manual "Instructions to Bidders," Paragraph 1.14 "Bid <br />Evaluation" Part A, which provides in part: <br />"The City also reserves the rights, in its discretion, to reject any or all Bids; to re -bid the <br />Project; to reject any or all nonconforming, Non -Responsive, unbalanced or conditional <br />Bids; and to reject the Bid of any Bidder if it would not be in the best interest of City to <br />make an award to that Bidder, whether because the Bid is not responsive or the Bidder <br />is unqualified or of doubtful financial ability or fails to meet any other pertinent standard <br />or criteria established by City." <br />Staff recommends awarding the contract to RK Engineering for their Second <br />Responsive and Responsible Low Bid of $356,368.00. This is within the limits of the <br />engineer's estimate which is $325,000.00-$375,000.00 for the cost of construction. <br />Construction is anticipated to begin in September 2018, and conclude in December <br />2018. Notification of the proposed work will be mailed to area residents and property <br />owners in August 2018. The contractor is required to distribute an additional notice 14 <br />days in advance of the start of work in their immediate area. Updates on the progress of <br />construction will be available on the City's website. <br />ALTERNATIVES <br />Council may choose not to award the contract and request staff to redesign and/or offer <br />this project again for public bid. <br />FISCAL IMPACT <br />Funds for the Alameda De Las Pulgas Sidewalk Improvement Project include the <br />developer contribution based on the development agreement, and the remaining funds <br />were previously approved and appropriated in Fiscal Year 2016-17 budget as <br />Capital Outlay Funds — Alameda De Las Pulgas Sidewalk Improvement Project with an <br />available balance of $466,325.75 as of June 2018. <br />