Res60 3093 - Laserfiche WebLink

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• • WHEREAS, if said correction is made, the bid of Pearce, McAllister & Thorsell, Inc. will be in the total amount of $136,751.03, which is still $1,934.27 under the next lowest bid, which was submitted by S & Q Construction Company in the total amount of $138,685.30; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: 1. Pearce, McAllister & Thorsell, Inc. made an honest mistake in its original bid, such as any careful businessman might make, and it does not appear that it was guilty of gross or culpable negligence. 2. The City did not participate in the mistake, yet, since the contractor has advised the City, in writing, that its bid contained a patent error, and the City had good reason to believe that one had been made due to the obvious disparity between the original Pearce, McAllister & Thorsell, Inc. bid and the bids of the other bidders for the work, all of which raises a serious question as to the validity of a contract based on the original Pearce, McAllister & Thorsell, Inc. bid. 3. The mistake was of so grave a consequence that to enforce a contract based on the original Pearce, McAllister & Thorsell, Inc. bid would be unconscionable; the mistake related to a material feature of the contract; and the only serious prejudice to the City which would result from rescission of such a contract is loss of its bargain. 4. It therefore appears that if a contract were awarded to Pearce, McAllister & Thorsell, Inc. based on its original bid, it would be entitled to equitable relief by way of mscission of the contract. 5. The City has no means of determining whether the bids of the other bidders contained any patent errors, but, since the next lowest bid was still $1,934.27 in excess of the figure contained in the corrected Pearce, McAllister & Thorsell, Inc. bid, it is 2