Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: Cedar Grove Reservoir Stormwater Improvements- Ridge Road- Contract 24-WS2025
Entity Name: CMS Construction Inc
Entity Address: 521 North Avenue, Plainfield, New Jersey 07060
Contract Amount: Not to exceed $261,400.00
Funding Source: 2025 Budget/Department of Water and Sewer Utilities/ NW038-800-8007-71970
Contract Period: Forty-five (45) calendar days from the date of a 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: Twelve (12)
Bids Received: Five (5)
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WHEREAS, the City of Newark (the "City") advertised Contract 24-WS2025 Cedar Grove Reservoir Stormwater Improvements-Ridge Road located near the City of Newark Cedar Grove Reservoir, on September 22, 2025; and
WHEREAS, the Department of Water and Sewer Utilities (the "Department"), distributed twelve (12) bid packages to prospective contractors following the date of bid advertisement; and
WHEREAS, on October 15, 2025, the Department received five (5) bids for the project in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the public advertisement and the receipt of public bids and the award of the contract to the lowest responsible bidder, pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. constitutes a Fair and Open Process; and
WHEREAS, CMS Construction, Inc., 521 North Avenue, Plainfield, New Jersey 07060, submitted the lowest responsive and responsible bid, according to the specifications and in the total amount of Two Hundred Sixty-One Thousand Four Hundred and Zero Cents ($261,400.00); and
WHEREAS, the City wishes to accept the lowest responsible bid submitted on October 15, 2025, by CMS Construction, Inc., and execute Contract 24-WS2025 Cedar Grove Reservoir Stormwater Improvements- Ridge Road, with CMS Construction, Inc., 521 North Avenue, Plainfield, New Jersey 07060, total bid amount not to exceed Two Hundred Sixty-One Thousand Four Hundred and Zero Cents ($261,400.00); and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.5 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 24-WS2025 Cedar Grove Reservoir Stormwater Improvements-Ridge Road, with CMS Construction, Inc., 521 North Avenue, Plainfield, New Jersey 07060, for bid total amount not to exceed Two Hundred Sixty-One Thousand Four Hundred and Zero Cents ($261,400.00), the lowest responsible bidder for a period of 45 calendar days, commencing from the date of the issuance of a written Notice to Proceed.
2. Attached hereto is a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of $261,400.00, are available in the Water and Sewer Utilities Budget under Business Unit NW038, Department ID 800, Division/Project 8007, Account # 71970, Budget Ref. B2025 and which shall be filed along with the original Resolution 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. 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.
5. If required by State Law, the Acting 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 CMS Construction, Inc., on October 15, 2025, and enter into and execute Contract 24-WS2025 Cedar Grove Reservoir Stormwater Improvements- Ridge Road with CMS Construction, Inc., for the total bid amount of $261,400.00 for a period of 45 calendar days, commencing from the date of the issuance of a written Notice to Proceed.