258 Pa. 355 | Pa. | 1917
Opinion by
This is an appeal by the plaintiff from a decree refusing a preliminary injunction restraining the City of Philadelphia and its officers from executing a proposed contract for the construction of a building for the Free Library of Philadelphia to be located on the Parkway in that city.
The city, through the director of the department of public works, acting in conjunction with the board of trustees of the FreeLibrary of Philadelphia, advertised in various newspapers of Philadelphia for proposals for the erection of a library building, in accordance with the plans and specifications prepared by the architect and on file, in his office. The advertisement stated that “bidders
The advertisement inviting proposals covered the period from March 6th to March 24th, and required the bids to be submitted by noon on March 27th, at which time they were to be opened. The director of the department of public works, on March 15,1916, sent to the bidders who had procured copies of the specifications from the architect’^ office the following notice: “In preparing your estimate for the building for the Free Library of Philadelphia, please note that a question as to the interpretation of the specification relating to the place where the stone entering into this building must be cut has arisen. It has been determined to solicit proposals for cutting the stone both in and outside of the City of Philadelphia ; a new proposal form is therefore enclosed which is to be substituted for the proposal form issued, this new proposal form is identified from the old by the notation in red at the top of the proposal form.” The form of the alternative proposal accompanying the notice was, inter alia, as follows: “Item No. 1. Erecting the building to the full extent comprised in the plans and specifications, the limestone and granite to be cut in the City of Philadelphia ......” “Item No. 1 A. Erecting the building to the full extent comprised in the plans and specifications, the limestone and granite to be cut outside the City of
There was no change in the advertisement as originally inserted in the newspapers, nor was any notice given by advertisement for proposals for the construction of the building by stone cut and prepared outside the city. There was no change made in the plans and specifications filed in the office of the city architect.
At noon on March 27, 1917, the bids were opened. There were four bids received, each in the alternative. GL A. Fuller Company was the lowest bidder for the stone cut and prepared both in the city and outside the city. It was proposed to award a contract to,the Fuller company for the construction of the building with stone prepared outside the city, on the basis of the alternative bid, that being the lower of the two bids. The plaintiff, a taxpayer, thereupon filed this bill on April 3, 1917, to enjoin the defendants from executing a contract on the basis of the bids submitted on March 27th.
We think the learned court below committed manifest error in refusing to grant the injunction. The contract for this work could not be awarded until notice for bids had been given by advertisement, as provided by the city ordinances. The advertisement which the director of public works published, as will be observed, was for proposals for the construction of the building according to the plans and specifications preparad by the architect and on file in his office, and bidde® were directed to acquaint themselves with the laws and ordinances set forth in the specifications. These ordinances provide that it shall be “obligatory on Departments to have all stone used in municipal work cut and prepared in Philadelphia, and proposals for work into which said stone enters shall be so worded as to inform intending bidders of the provisions of this ordinance.” This advertisement was the oniy notice given to the public requesting bids
Aside, however, from the official duty of the director to advertise, the necessity for publicly inviting proposals for the work outside the city is apparent. Personal notice to a few individuals was not sufficient and did not meet the legislative requirement. The specifications were on file with the architect and were doubtless seen by many persons who were not notified of the change made by the director, but who, having such information, might have bid for the contract. In short, the failure to advertise or give public notice of the change in the specifications eliminated as competitors of the few individuals who received notice all persons who might have desired
It follows, for the reason stated, that the learned court below was in error in refusing the preliminary injunction restraining the defendants from executing a contract oh the basis of the bids submitted on March 27,1917.
The decree is reversed, a preliminary injunction is awarded, and the record is remanded for further proceedings not inconsistent with this opinion.