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6.F. - Page 21 of 32 <br />OLES <br />OLES MORRISON RARSON <br />INKER <br />BAKER LLP <br />Robert L. Leslie <br />leslie@oles.com <br />March 18, 2019 <br />Phong Du, PE <br />Supervising Civil Engineer <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Email: pdu@redwoodcity.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 March 15, 2019 <br />Response to Disney Construction, Inc.'s Response to Anderson's Bid Protest <br />Dear Mr. Du: <br />Disney Construction, Inc. responds to the March 15, 2019 letter from Anderson Pacific <br />Engineering Construction, Inc., in response to Disney's March 15, 2019 response to Anderson's <br />bid protest. <br />Anderson claims Disney did claim mistake and seek relief of its bid based on language in <br />the City's Notice of Intent to Award for Construction to JMB Construction, Inc., dated January <br />11, 2019. Anderson ignores the fact that this Notice was superseded by the City's January 28, <br />2019, Notice of Intent to Reject All Bids. As Disney twice pointed out in its March 15, 2019 <br />letter, the City's January 28, 2019 letter stated in bold: This Notice will supersede all prior <br />official notice(s). Anderson also relies on the February 11, 2019, staff report which did not <br />mention the City's January 28, 2019 letter and omitted details, such as that Disney had <br />responded to the City's request and that it was conditioned and only applied "if the City intends <br />to award the Contract for this value [$10,022,000]". <br />As Disney set forth in its March 15 letter, Disney responded to the City's request by <br />advising that Disney is "not `able and willing' to perform the work for $10,022,000 and request <br />relief of our bid per section 5103 of the Public Contract Code if the City intends to award the <br />Contract for this value." Disney also affirmed it remained "able and willing to complete the <br />work for $10,862,000 per our intended bid total on bid day." The City's letters to Anderson and <br />Anderson's letters in response to the City are attached hereto. <br />492 Ninth Street, Suite 220, Oakland, CA 94607 1 510.903.2001 1 oles.com <br />128 <br />