For the prosecutor, Florence M. North-Allard.
For the defendants, Joseph W. Marini.
Before Justices Parker, Lloyd and Heher.
The opinion of the court was delivered by
HEHER, J. The prosecutor of this certiorari attacks the validity of a resolution of the council of the borough of Cliffside Park, awarding to defendant Russo Trucking Company a contract for the removal of garbage and ashes. This company submitted the lowest bid, but it is contended that there
was a failure to comply with the specifications which disentitled it to the award made.
In accordance with the provisions of chapter 137 of the laws of 1925 (Pamph. L. 1925, p. 366), the governing body publicly advertised for bids for the collection and disposal of ashes, garbage and other material, during the stated period, according to specifications then on file in the office of the borough clerk. The notice directed each bidder to deposit with his bid ten per cent. of the amount thereof, and the specifications required the contractor to dispose of said waste material beyond the borough limits, and for that purpose to provide an adequate dumping ground. The specifications further provided that the bidder "must, with his bid for the work to be done under these specifications, submit to the borough council either legal proof of the ownership of such place of deposit or dump, or a written lease for the same, permitting him to use the premises for the purpose aforesaid during the full term for which the contract is awarded, with the right or privilege to assign said lease to the borough * * *." The contractor was also required, in event of the award to him, to assign to the borough the right to use said place of deposit "through other contractors, agents or employes, for the purpose aforesaid, and for the full term of said contract, in the event that the said contractor, after entering into contract with the borough for said work, should lose or be in any way deprived of the right or the ability to perform the same."
The specifications also required the bidder to submit, with his bid, municipal consents (called certificates of approval) to the transportation of garbage "through the various municipalities to the final place of deposit."
The prosecutor contends that the trucking company (the successful bidder) did not comply with these requirements of the specifications, and that therefore the resolution brought up for review is invalid.
There is a preliminary question that must first be disposed of. Defendants challenge the interest of the prosecutor. They assert that he is ...