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COMMUNITY DEVELOPMENT DEPARTMENT <br />ENGINEERING AND TRANSPORTATION <br />August 6, 2018 <br />Mr. Clifton J. Burch <br />President <br />Empire Engineering & Construction, Inc. <br />180 Mendell Street <br />San Francisco, CA 94124 <br />91 7199 9991 703€ 6595 7680 <br />6.1.J. - Page 37 <br />1017 Middlefield Road <br />P.O. Box 391 <br />Redwood City, CA 94064 <br />Telephone: 650.780.738 0 <br />Facsimile: 650.780.7309 <br />www.redwoodcity.org <br />RE: Alameda de las Pulgas Sidewalk Improvement Project <br />Dear Mr. Burch, <br />The City has evaluated your bid for the above referenced project. We have found that <br />Empire Engineering & Construction failed to follow the bid instructions for the first Bid <br />Item (Mobilization, Demobilization, Construction Layout, Notifications and Other <br />Incidentals) to not exceed the allowable maximum of 5% of the total of the Total Base <br />Bid (Items 1 through 23). <br />Section 00400 of the Project Manual clearly identifies the maximum allowable <br />percentage of the Total Base Bid for Item No. 1 in the Schedule of Bid Prices (Bid <br />Sheet), which is required to be submitted as part of the Bid Form. Section 01200 <br />Measurement and Payment, Subsection 1.01G also identifies the allowable maximum of <br />5% of the Total Base Bid for Item Number 1 on the Schedule of Bid Prices. The bid <br />amount by Empire Engineering & Construction for this bid item was $60,000.00, but the <br />maximum allowable based on your Total Base Bid was $15,000.00. <br />City staff is prepared to recommend that the City Council reject Empire Engineering & <br />Construction's bid as not responsive to the bid requirements, and to award the project to <br />the second lowest responsible and responsive bidder. <br />This decision is permitted under City Code Section 2.68.C, which states: <br />"The Council shall have the power to reject any and all bids...," <br />Further, Section 00200 of the Project Manual: "Instructions to Bidders", Paragraph 1.03 <br />"Bid Evaluation" Part A states: <br />A. The City may reject any and all bids and waive any informalities or minor <br />irregularities in the Bid. The City also reserves the right, in its discretion, to reject <br />any or all Bids; to re -bid the Project; to reject any or all nonconforming, non- <br />responsive, unbalanced or conditional Bids; and to reject the Bid of any Bidder if <br />it would not be in the best interest of City to make an award to that Bidder, <br />whether because the Bid is not responsive or the Bidder is unqualified or of <br />doubtful financial ability or fails to meet any other pertinent standard or criteria <br />established by City. For purposes of this paragraph, an "unbalanced" Bid is one <br />