Perth Amboy evening news., 1921-02-11
City Attorney Gives Written
Opinion in Action on the
City Stables Contract.
BIG JOB FOR J0RGENs0N
Heating and Plumbing Bid Be-
ing Combined Causes Pro-
test -. Legal Fight Likely
A. the result of a controversy over

AZ the result of controversy over
the matter Of the wording of the ad-
vertisement for bids on the construc-
tion of the city garage and stables.
and the subsequent awarding Of
contracts last night by the aldermen
after the city attorney had given
them a written opinion to govern
their action, one of the bidders has
announced his intention of taking
legal steps to secure . restraining
order and a writ which will throw
out ali bids.
The advertisement was worded. in
part. as follows:
""The work will be awarded In
separate contracts as follows: O
For general construction.
For heating and plumbing work.
"For electrical work"
The controversy has arisen over
the use of the term heating and
plumbing" James f. Burns & Sons.
who are protesting against the
awarding of the contracts as two
separate jobs. claiming that they
ehould be considered as one.
In the advertisement, however.
there Is another clause which calls
for checks of certain amounts ac-
companying each bid. Here the
"plumbing". and heating" jobs are
considered as two separate Jobs.
check Of $3.50 being asked for with
the plumbing bid. while that to ac-
company the heating bid is 500.
The advertisement was drawn up
by benjamin Goldberger. who made
the plans and specifications for the
garage and stables. The aldermen
after discussing the catch" in the
advertisement and the possible trou-
BILE which might result from award :
ing the contracts last night, are said
to have considered readvertistng and
rejecting the bids now on hand put
upon receipt Of a written opinion
from City Attorney Leo Goldberger
they decided to be guided by his de-
cision In the case.
A representative of the Burns
company appeared before the board
and informed the aldermen that he
had secured legal advice on the
matter apd he had been convinced
that the plumbing and heating work
would have to be awarded as one
contract. II such was done the con-
tract would go to the Burns COM
pany, they being the lowest bidders
on the two jobs combined.
As a result of the splitting OF the
plumbing and heating work into two
Jobs James f. Burns & Sons was
awarded the plumbing contract for
s2,069 while Therkelsen Brothers
were given the heating contract
The latter's bid was $2,095.
The opinion of the city attorney
in the case was as follows:
Replying to the question OF the
legality of awarding separate con-
tracts for the plumbing and heating
fAx "a y1rnnnSad garage
and stables / have to advise you that
inasmuch as separate bids were pre-
sented by bidders for the said work,
contracts can only be awarded 10
the lowest responsible bidders for
said work. The fact that the first
part of the advertisement stated that
bids were asked for heating and
plumbing does not in my. opinion
warrant the giving out of the con-
tracts as one job for the following
reasons:
att would be contrary to law.
because in the same advertise
ment 1t was further provided thal
certified checks accompany each BID
for the separate work, and furthes
because,
Zach bidder certainly is presum-
ed to know the law and he must
have had i'm mind that he could not
bid on the heating and plumbing
! work as one job"
The city has acted In the matter
and the next step must be taken by
the Burns company IL the thfea'
\ made last night to carry the case to
the courts is carried out.
SOCIETY
In addition to the awarding o
the plumbing and heating contracts
the aldermen last night awarded thu
general construction contract to Jor
Gen T. Jorgensen. his bid of s35,5S'
being low. and the electrical worl
contract to the Guth Electrica
Company, whose figure at $500 wa
also low. The contract for the polic'
patrol motor car was awarded to tn
Union Garage Company on a Peer
less car. they being the lowest bid
der.
Two ordinances were unanimousl.
adopted upon first reading. one call
ing for an appropriation of $4,000
(Continued on page s.