CONDUIT AND FOUND. C. v. CITY OF PHILA. ET AL.

Nos. 2013 and 2074 C.D. 1977.

41 Pa.Commw. 641 (1979)

The Conduit and Foundation Corporation v. City of Philadelphia, The Water Department of the City of Philadelphia, and Carmen F. Guarino, Water Commissioner. City of Philadelphia and Carmen F. Guarino, Appellants. The Conduit and Foundation Corporation v. City of Philadelphia, The Water Department of the City of Philadelphia, and Carmen F. Guarino, Water Commissioner. Colanero Contracting Company, Appellant.

Commonwealth Court of Pennsylvania.

April 12, 1979.


Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Sheldon L. Albert, City Solicitor, Marilyn Z. Kutler, Assistant City Solicitor, and Sally J. Bellet, Assistant City Solicitor, for City of Philadelphia, Water Department and Carmen F. Guarino, Water Commissioner.

Peter Hearn, with him Edith G. Laver, and Pepper, Hamilton & Scheetz, for The Conduit and Foundation Corporation.

Leonard B. Rosenthal, with him William F. Coyle, Albert Momjian, and, of counsel, Abrahams & Loewenstein, for intervenor, Colanero Contracting Co.

Argued September 27, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, DiSALLE and CRAIG. Judges ROGERS and MacPHAIL did not participate.


OPINION BY JUDGE CRAIG, April 12, 1979:

On May 27, 1977, Defendant, the City of Philadelphia, advertised for bids for "general construction work and furnishing and installing mechanical equipment and piping for additions to Mingo Creek Stormwater Pumping Station and appurtenant work. . . ." Part of the special specifications in the proposal, as advertised, required that each bidder:

Fill out and furnish in detail in the space provided, at the time of filing...

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