Mercer Fraser Co. v. City of Arcata CA1/2
The City of Arcata (City) issued a call for bids to construct a portion of a trail network. Having determined that the lowest cost bid was nonresponsive because it did not comply with instructions requiring a non-collusion affidavit, the City awarded the bid to the second lowest cost bidder, McCullough Construction, Inc. (McCullough). Mercer Fraser Company (Appellant), which submitted the fourth lowest cost bid, filed a petition for writ of mandate in superior court challenging the award, and now appeals the denial of the petition, arguing that the award must be overturned and the project rebid. Appellant’s opening brief, filed in March 2018, does not mention that the construction project was completed in November 2017. We agree with the City that we cannot grant Appellant any effectual relief, and therefore we shall dismiss the appeal as moot.
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