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6.F. - Page 28 of 32 <br />by email on December 21, 2018, which was two days after bid opening on December 19, 2018. <br />The mistake was materially different than what was intended, as noted above, and the mistake <br />was made in filling out the bid, as Disney Construction indicated. There is no evidence that <br />Disney Construction made an error in judgment or was careless in inspecting the work site or <br />reading the plans and specifications. <br />Pursuant to Public Contract Code Section 5105, Disney Construction was prohibited from <br />participating in further bidding on the Project. Disney Construction's March 6, 2019 bid should <br />therefore be disqualified. Accordingly, Anderson Pacific's bid is the lowest, responsive and <br />responsible bid for the March 6, 2019 re -bid of the Project. <br />On April 8, 2019, City staff intends to recommend that the City Council disqualify the bid of <br />Disney Construction and award the Project contract to Anderson Pacific in accordance with <br />California Public Contracting Code Sections 5100-5110 and the bid specifications. If you wish <br />to submit materials to include with the Council agenda packet, please do so as soon as <br />possible, and no later than Friday, March 29, 2019 by the close of business. If you wish to send <br />a representative to attend the Council meeting that evening, you will have an opportunity to be <br />heard at that time as well. <br />Sincerely, <br />Saber Sarwary, P.E. <br />City Engineer <br />Enclosure: Dec. 21, 2018 Disney Construction email <br />cc: Prasanna Rasiah, Senior Assistant City Attorney, City of Redwood City <br />Phong Du, Supervising Civil Engineer, City of Redwood City <br />Mr. Timothy L. McInerney <br />McInerney & Dillon Inc. <br />1999 Harrison Street, Suite 1700 <br />Oakland, CA 94612-4727 <br />timB-mcinernev-dillon.com <br />Mr. Robert L. Leslie <br />Oles Morrison LLP. <br />492 Ninth Street, Suite 220 <br />Oakland, CA 94607 <br />LeslieOOLES.com <br />File <br />135 <br />