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6.F. - Page 13 of 32 <br />McInerney <br />Dillon <br />PROFESSIONAL CORPORATION <br />March 15, 2019 <br />Phong Du, PE Email: pdu@redwoodcity.org <br />Supervising Civil Engineer <br />Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Re: California Water Tank, Pump & Transmission Main Project <br />Anderson Pacific Engineering Construction Inc.,'s Response to Disney <br />Construction Inc.,'s March 15, Letter <br />Dear Mr. Du : <br />Anderson Pacific Engineering Construction Inc., (Anderson Pacific) responds to Disney <br />Construction Inc., (Disney) assertion that it did not claim an error and request relief from its bid. <br />According to Redwood City's Notice of Intent to Award for Construction dated January 11, <br />2019, Disney did claim an error and request relief. As a result, Disney cannot be awarded the <br />subject contract. Public Contract Code section 5105. <br />Disney's response letter claims that "...Disney did not `claim' mistake or give notice to <br />the City in the manner required by section 5103 for relief of bid". To the contrary, the City's <br />records confirm that Disney submitted "notice of error in their bid" and "requested for relief'. <br />Pursuant to Public Contract Code section 5105, relief does not need to be actually granted, it is <br />enough if Disney merely "claims" an error. <br />Here, in the Notice of Intent to Award for Construction' the City was very clear in its <br />understanding that Disney's was claiming an error and requesting relief. The City's Notice <br />stated: <br />Disney Construction Inc. has submitted a notice of an error in their bid, <br />provided evidence for establishing the existence of each element required <br />by Section 5103 of the Public Contract Code for a relief of bid; and requested <br />for relief. Staff intends to recommend to the City Counsel of the City of <br />Redwood City to provide relief to Disney Construction, Inc., and reject their <br />The City's Notice of Intent to Award for Construction was sent to Disney and is attached. <br />1999 Harrison Street, Suite 1700, Oakland, CA 94612-4727 Tel 510-465-7100 Fax 510-465-8556 www.mcinerney-dillon.com <br />120 <br />