Menefee

Statement of the Case and the Facts

Appellant Menefee Construction Co. is a general partnership and licensed contractor under California law. Appellants Michael Menefee and Douglas Menefee presumably are partners in the Menefee Construction Co. and are citizens and taxpayers of Fresno County. Real party in interest BrewerKalar is a joint venture also engaged in the construction business. Both Menefee Construction Co. and Brewer-Kalar submitted bid forms to respondent Fresno County for a contract to construct water, sewer, drainage and street improvements in county service area No. 32 at Cantua Creek. The bids were opened April 29, 1982. Brewer-Kalar’s bid was the lowest, $699,998.00, and Menefee Construction Co. was next lowest at $725,946.10; however, Brewer-Kalar failed to sign the appropriate line on the proposal sheet (page 4) of its bid’s form. The form was signed by Brewer-Kalar’s principals at other locations, and the bond accompanying the bid was properly signed. The deputy county counsel who reviewed the documents for the board of supervisors concluded that Brewer-Kalar’s failure to sign the bid’s proposal sheet was a material irregularity that rendered the bid…