Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Blue Diamond Disposal, Inc. v. City of Vineland

August 24, 2010

BLUE DIAMOND DISPOSAL, INC., PLAINTIFF-APPELLANT,
v.
CITY OF VINELAND, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND SOUTH JERSEY SANITATION COMPANY, DEFENDANTS-RESPONDENTS, AND EARTHTECH CONTRACTING, INC., DEFENDANT.



On appeal from the Superior Court of New Jersey, Chancery Division, General Equity, Cumberland County, Docket No. C-24-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued August 10, 2010

Before Judges Lihotz and Baxter.

This appeal involves an unsuccessful challenge to a bid awarded by defendant City of Vineland (City) for trash disposal services. In particular, plaintiff Blue Diamond Disposal, Inc. (Blue Diamond) challenges a November 20, 2009 Chancery Division order that dissolved temporary restraints on the bid award, thereby permitting the City to award the contract to the lowest bidder, defendant South Jersey Sanitation Company (SJSC). We reject Blue Diamond's contention that SJSC's bid documents contained a material defect, namely SJSC's failure to have provided an unconditional consent of a surety to issue a performance bond. We affirm.

I.

On August 19, 2009, the City publicly solicited bids for trash collection services for a two-year period. Each bidder received a seventy-page packet of information for bidders and a set of technical specifications that stated in relevant part:

The proposal must be accompanied with [sic] a certificate from a surety company stating that it will provide the contractor with a bond in the amount of 100% of the contract amount.

....

The successful bidder will be required to furnish a bond for the faithful performance of the contract in a sum not less than one hundred percent (100%) of the total contract amount, said bond to be that of an approved surety company authorized to transact business in the State of New Jersey.

....

Each document in the bid proposal must be properly completed in accordance with N.J.A.C. 7:26H-6.5. No bidder shall submit the requested information on any form other than those provided in these bid specifications.

....

[The] certificate of surety must be signed by an authorized agent or representative of a surety company and not by the individual or company submitting the bid. Power of attorney must be attached and corporate seal of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.