Laserfiche WebLink
6.F. - Page 10 of 32 <br />OLES <br />OLES MORRISON I <br />RINKERON <br />INKER <br />Robert L. Leslie BAKER LLP <br />leslie@oles.com <br />March 15, 2019 <br />Phong Du, PE <br />Supervising Civil Engineer <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Entail: pdu@-edwoodcity.org <br />Re: California Water Tank, Pump Station & Transmission Main Project <br />Bid Opening Date: March 6, 2019 <br />Original Bid Opening Date: December 19, 2018 <br />Response to Anderson Pacific Engineering Construction, Inc.'s Protest of Bid of <br />Disney Construction, Inc. <br />Dear Mr. Du: <br />Disney Construction, Inc. respectfully responds to the assertion by the attorney for <br />Anderson Pacific Engineering Construction, Inc. in his letter of March 12, 2019, that Disney is <br />prohibited from participating in bidding on the project pursuant to Public Contract Code §5105. <br />Anderson's bid protest is based on the erroneous assertion that after the project was originally <br />bid on December 19, 2018, Disney sought relief of its bid under section 5103 based on a claimed <br />mistake in its bid. <br />The original bid opening date was December 19, 2018. Disney was the apparent second <br />low bidder at $10,862,000. (The apparent low bidder, JMB Construction, submitted a bid of <br />$10,814,761. JMB had made an error that increased its price by $445,000 to $11,259,761.) On <br />January 8, 2019, the City notified Disney that it had identified discrepancies in its bid and that <br />the City had re -calculated Disney's total bid amount as $10,022,000, which was 7% lower than <br />the total bid amount submitted by Disney. The City asked Disney to confirm it agreed with the <br />City's bid evaluation and that Disney was able and willing to perform the work for $10,022,000, <br />or to provide a written request for relief of its bid under section 5103. <br />On January 9, 2019, Disney responded to the City's request by advising that Disney is <br />"not `able and willing' to perform the work for $10,022,000 and request relief of our bid per <br />section 5103 of the Public Contract Code if the City intends to award the Contract for this <br />value." Disney also affirmed it remained "able and willing to complete the work for <br />$10,862,000 per our intended bid total on bid day." <br />492 Ninth Street, Suite 220, Oakland, CA 94607 1 510.903.2001 1 oles.com <br />117 <br />