Rengstorff Park Aquatics Center Replacement, Project 18-38, Request for Relief of Bid Memo
January 18, 2022
PW-030 (Rev. 04-16-19)
applied, this error caused the bid to be approximately $450,000 below what was intended. The failure of TBC to include a correct a m o u n t f o r t h i s w o r k w a s a m a t e r i a l error in preparing their bid.
TBC’s letter characterizes the error as "inadvertent” and a “clerical mistake." Staff agrees this was a clerical error due to transcription rather than an error in judgment and that the bidder should be allowed to withdraw their bid. TBC demonstrated a good faith effort to comply with the timeliness provisions of Section 5103 by regularly and clearly communicating with staff regard ing the details of the bid irregularity.
Given this good faith effort, the magn itude of the error, and demonstrating compliance with Section 5103, staff recommends their request for bid relief be granted.
Staff will forward a recommendation to Council to grant TBC’s request to be relieved of their bid without penalty.
Attachments: 1. Exhibit A – Relief of Bid Request
2. Exhibit B – Letter of Explanation
cc: PCE—Gonzalez, PCE—Shah, USM, SPM - Printy, SMA—Goedicke, F/c (18-38) Rengstorff park aquatic center bid
Paul Thompson <[email protected]>
Tue 12/21/2021 4:32 PM
To: Printy, David <[email protected]>
EXHIBIT A
BID RELIEF REQUEST
Cc: Clayton Fraser <[email protected]>; Leah Oba <[email protected]>; Joe Hass <[email protected]> Exhibit A
CAUTION: EXTERNAL EMAIL - Ensure you trust this email before clicking on any links or attachments.
Dave
Thompson Builders hereby request relief of our bid under section 5103 of the California Public Contract Code due to a clerical error.
As I mentioned the chief estimator for this project is off this week so we will follow up with any additional information as needed.
I apologize for this mistake and I wish you the best of luck on your exciting project. 'Put7�
President
Thompson Builders Corp.
5400 Hanna Ranch Rd.
Novato, CA 94945
415-456-8972 - Office
Cell
EXHIBITB
LETTER OF EXPLANATION
CA Uc 62'68S�
December 27, 2021
David Printy
Senior Project Manager
City of Mountain View- Public Works Department
500 Castro Street, I s1 Floor
Mountain View, CA 94041
Subject: Rengstorff Aquatic Center
Dear Mr. Printy,
5400 Hanna Ranch Road
Novato, CA 94945
General Contractor
License# 626859
Following up on the email correspondence from last week in regards to the clerical error made by Thompson Builders (TBC) on the subject project.
TBC inadvertently typed in $46,900 under section 32 9300 - Landscaping, rather than the bid amount of $469,000 as depicted in attached pricing from our listed landscape contractor Marina Landscape, leaving our total bid short $422, I 00 plus mark ups. I have also included our entire Division 32 from our bid sheet as requested.
In accordance with Public Contract Code §5103, Thompson Builders:
(a) Has made an inadvertent mistake (clerical error).
(b) Gave the city written notice within five working days after the bid opening. (c) The Mistake of $422, I 00 made TBC's bid materially different than intended. (d) The mistake was made in filling out our bid sheet and was not a mistake due to an error in judgement or to carelessness in inspecting the site, or in reading the plans and specifications.
With this, TBC, unfortunately has to request relief from our bid due to this error.
Please let me know if you have any questions.
Sent via e-mail, 5 pages
Cc. TBC- Paul Thompson, Joe Hass
Exhibit B