AgdaPkt 2019-04-08 Joint SA PFA - Laserfiche WebLink

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6.F. - Page 11 of 32 Phong Du, PE Supervising Civil Engineer City of Redwood City March 15, 2019 Page 2 On January 28, 2019, the City issued a Notice of Intent to Reject All Bids, including because of the much higher than expected construction cost over the planned budget. The City further stated it would reevaluate the project scope, design, schedule, budget and financing options and re -bid the project at a later date. The City also stated in bold: This Notice will supersede all prior official notice(s). On February 21, 2019, the City invited Disney to re -bid the project. Disney is not prohibited from re -bidding the project pursuant to section 5105 because Disney did not "claim" mistake or give notice to the City in the manner required by section 5103 for relief of bid. The grounds for relief of bid under section 5103 require that the bidder establish the following: (a) A mistake was made. (b) The bidder gave the public entity written notice within five working days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. (c) The mistake made the bid materially different than the bidder intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. Section 5103 does not apply to Disney's January 9, 2019 letter responding to the City's request. First, Disney did not "claim" much less establish that a mistake was made as required by section 5103(a). Second, Section 5103(b) requires a bidder to give the public entity notice of a mistake within five working days after bid opening. Disney's letter was sent to the City on January 9, 2019, thirteen working days after the bid opening on December 19, 2018. Section 5103(b) also requires the bidder to specify in detail how the mistake occurred; Disney provided no details in its January 9 letter, or at any other time. Third, Disney's letter was conditioned and only applied "if the City intends to award the Contract for this value [$10,022,000]", while reaffirming that Disney remained "able and willing to complete the work for $10,862,000 per our intended bid total on bid day." In addition, as noted above, after the City decided to reject all bids because of multiple factors, the City invited Disney to participate in bidding the project. Based on the above facts and circumstances, section 5103 is not applicable to Disney's response letter to the City on January 9, 2019, and Disney is not prohibited from participating in bidding pursuant to Public Contract Code section 5105. In addition, the City is estopped from using Disney's conditional response to the City's request that Disney withdraw its bid under section 5103, as prohibiting Disney from participating in further bidding pursuant to section 118