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6.F. - Page 27 of 32 <br />COMMUNITY Redwood <br />DEVELOPMENT DEPARTMENT <br />www,redwoodcity.org CityCalifornia <br />]] I rdunded1B67 <br />March 28, 2019 <br />TO: Mr. Peter Anderson <br />Anderson Pacific Engineering Construction, inc. <br />1390 Norman Avenue <br />Santa Clara, CA 95054 <br />pea a( andpac.com <br />Mr. Richard Disney <br />Disney Construction, Inc. <br />533 Airport Blvd., Ste. 120 <br />Burlingame, CA 94010 <br />rdisney(ar)-disneyconstruction.com <br />VIA EMAIL AND U.S. MAIL <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Main: 650.780.7380 <br />Fax: 650.780.7309 <br />PROJECT: California Water Tank, Pump Station, and Transmission Main Project <br />Re -Bid Opening Date: March 6, 2019 <br />Original Bid Opening Date: December 19, 2018 <br />SUBJECT: Response to Bid Protest Letter from Anderson Pacific Engineering <br />Construction, Inc. <br />Mr. Anderson and Mr. Disney, <br />This letter is provided in response to correspondence from your companies relating to the re -bid <br />of the California Water Tank, Pump Station, and Transmission Main Project (Project). City staff <br />has reviewed the March 12, 2019 bid protest letter from Mr. McInerney representing Anderson <br />Pacific Engineering Construction, Inc. (Anderson Pacific), and the March 15, 2019 response <br />letter from Mr. Leslie representing Disney Construction, Inc. (Disney Construction). The City <br />has also reviewed the follow-up letters (with enclosures) dated March 15, 2019, and March 18, <br />2019, from Mr. McInerney and Mr. Leslie, respectively. <br />In addition to the letters referenced above, our review included relevant communications <br />between Mr. Richard Disney and City staff. This included a December 21, 2018 email from Mr. <br />Disney described in more detail below, and which is included as an attachment to this letter for <br />your reference. <br />After a careful review of all related facts and California Public Contract Code Sections 5100- <br />5110 in particular, we have determined that Disney Construction had in fact claimed a mistake <br />under Public Contract Code Section 5103 in the original bid for the Project and satisfied the <br />elements of that statute. Specifically, Disney Construction made a mistake in its bid by <br />specifying an incorrect quantity for a specific line item, the result of which was a bid several <br />hundred thousand dollars lower than what was intended. They notified City staff of this mistake <br />134 <br />