Swanson v. Hilderbrand

GRIFFIN, J. Petitioner represents by his verified petition, and the undisputed facts show, that the respondent city of Fresno, by and through its commissioners and in compliance with section 56 of its charter, and after proceedings duly taken, advertised for bids for the construction of Section One, [162]Jensen Avenue Collector Sewer, and pursuant to the advertisement for bids, submitted to the bidders plans and specifications, bid forms, and instructions which, among other things, contained the following: “. . . Proposals will be opened and read publicly at the time and place indicated in the ‘invitation for bids.’ Bidders or their authorized agents are invited to be present . 6 . ”

The bid schedule separately designated 29 different unit items on which bid prices were to be separately stated. Then followed a place for the total of all these separate unit bid prices. Following the bid schedule is a statement: “Above amounts given in the above bid" schedule will be subject to verification by the owner. In case of variation between the unit price bid and totals shown above, the unit price will be considered his bid”; that the bidder will “accept as full payment therefor the unit prices named in the bid schedule forming a part hereof. ’ ’ This was signed by petitioner.

On April 28, 1949, the city commission, according to its minutes, proceeded to publicly open and examine the bids of approximately 12 different bidders whose bids were submitted on like forms and each separately itemized the unit bids. According to the minutes of May 19, the city clerk, at the time of the opening of the bids, asked if the unit prices should be read in addition to the total amount of the bid indicated and that no protest was registered against reading only the bid totals. All bids were then read according to the grand total indicated, without regard to the individual unit totals. According to the grand totals, as read, Steve P. Bados, Inc., had a low bid of $497,160.20, and the grand total of petitioner’s bid indicated $591,799.64. Thereafter all bids were referred to the Public Works Department for checking and report. After checking by that department it was discovered that a correct addition" of petitioner’s bid, according to unit price bid, was $491,799.60, and that there was an error in addition of the unit bid items of $100,000, which corrected figures resulted in making petitioner’s bid lowest, according to the unit price indicated.

The city commission then, on May 12, made a correction in its minutes of April 28, indicating that the commission “proceeded to publicly open, examine and declare . . .” all the bids above mentioned.