Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To provide Cedar Grove Reservoir-Fence - Contract 21-WS2025
Entity Name: Bismark Construction Corporation
Entity Address: 207-209 Berkeley Avenue, Newark, NJ 07107
Contract Amount: Not to exceed $7,419,425.00
Funding Source: 2026 and 2027 Capital Budget/Department of Water and Sewer Utilities/ NW037-750-7505-71960-B2026 and NW038-800-8007-71970-B2026
Contract Period: 365 calendar days from the date of the written Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Bid Packages Distributed: Eleven (11)
Bids Received: Three (3)
body
WHEREAS, the City of Newark (the "City") advertised Contract #21-WS2025 Cedar Grove Reservoir Fence located at various locations in the City of Newark, on September 19, 2025; and
WHEREAS, the Department of Water and Sewer Utilities (the "Department") distributed Eleven (11) bid packages to prospective vendors following the date of bid advertisement; and
WHEREAS, on October 15, 2025, the Department received three (3) bids for said project in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, after review of the bids the Department determined that the lowest bidder Fox Fence Enterprise, Inc. was rejected as non-responsive for failure to comply with MBE/WBE Utilization requirements; and
WHEREAS, Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, New Jersey 07107, submitted the lowest responsive and responsible bid according to the specifications, with a bid written amount of $7,374,425.00, which upon verification and recalculation reflects an actual calculation of $7,419,425.00; and
WHEREAS, the City wishes to accept the lowest responsive and responsible bid submitted by Bismark Construction Corporation and enter into and execute Contract #21-WS2025, Cedar Grove Reservoir Fence, in an amount not to exceed Seven Million Four Hundred Nineteen Thousand Four Hundred Twenty-Five Dollars and Zero Cents ($7,419,425.00); and
WHEREAS, pursuant to N.J.S.A. 19:44A20.5 et seq., solicitations through public bidding in accordance with N.J.S.A. 40A:11-1 et seq. meets the requirements of the Fair and Open Process.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, are authorized to enter into and execute Contract #21-WS2025 Cedar Grove Reservoir Fence, with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, for bid total amount not to exceed Seven Million Four Hundred Nineteen Thousand Four Hundred Twenty Five Dollars and Zero Cents ($7,419,425.00), the lowest responsible bidder for a period of 365 calendar days, commencing from the date of the issuance of a written Notice to Proceed.
2. Pursuant to N.J.A.C. 5:30-5.5(a), Temporary Budget, attached hereto is the Chief Finance Officer's Certification, which states partial funds in the amount of $10,000.00, are available in the Department of Water and Sewer Utilities Budget under Business Unit NW037, Department ID 750, Division 7505, Account 71960 B2026 and NW038, Department ID 800, Division 8007, Account 7190 B2026, the balance to be provided in the 2026 and 2027 Adopted Budgets. The Certification shall be filed, along with the original resolution and the executed contract in the Office of the City Clerk.
3. There shall be no amendment or change to the contract without approval by the Municipal Council.
4. There shall be no advance payment on this contract in accordance with N.J.S.A. 40A:5-16.
5. The Department of Water and Sewer Utilities shall file a fully executed copy of the contract and Notice to Proceed in the Office of the City Clerk.
6. If required by State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller, no later than twenty (20) business days following such award, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT
This Resolution authorizes the Mayor of the City of Newark and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the lowest responsible bid submitted by Bismark Construction Corporation, and enter into and execute Contract #21-WS2025 Cedar Grove Reservoir Fence with Bismark Construction Corporation, 207-209 Berkeley Avenue, Newark, NJ 07107, for the total amount not to exceed Seven Million Four Hundred Nineteen Thousand Four Hundred Twenty Five Dollars and Zero Cents ($7,419,425.00.)