Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Bid Contract
Purpose: To provide Phase-9(A) Lead Service Line Replacement - Contract 35-WS2024.
Entity Name: Roman E&G Corporation
Entity Address: 14 Ogden Street, Newark, New Jersey 07104
Contract Amount: Not to exceed $5,875,490.00
Funding Source: 2019 Budget/Department of Water and Sewer Utilities Capital Budget/NW041-19W-19W00-A-94710-B2019
Contract Period: 280 days from the date of the issuance of the Notice to Proceed
Contract Basis: (X) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
(X) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) N/A
Additional Information:
Bid Packages Distributed: Fifteen (15)
Bids Received: Seven (7)
Bids rejected: One (1)
body
WHEREAS, the City of Newark (the "City") advertised Contract 35-WS2024 Phase-9(A) Lead Service Line Replacement located at various locations in the City of Newark, on November 11, 2019; and
WHEREAS, the Department of Water and Sewer Utilities distributed fifteen (15) bid packages to prospective vendors following the date of bid advertisement; and
WHEREAS, on December 27, 2019, the Department of Water and Sewer Utilities received seven (7) bids for said Project in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the Department of Water and Sewer Utilities reviewed the bids, and the low bidder namely, Joseph M. Sanzari's bid, was found to be non-responsive and rejected due to various incurable bid deficiencies with the Certificate of Equal Opportunity and the Certificate of Compliance with 41 CFR 60-2; and
WHEREAS, Roman E&G Corporation, 14 Ogden Street, Newark, New Jersey 07104 submitted the lowest responsive and responsible bid, according to the specifications and in the total amount of $5,824,800.00 for the base bid, and in the total amount of $50,690.00 for the supplemental bid, with a combined base bid and supplemental bid total amount of $5,875,490.00; and
WHEREAS, the City wishes to accept the lowest responsible bid submitted by Roman E&G Corporation, on December 27, 2019, and execute Contract 35-WS2024 Phase-9(A) Lead Service Line Replacement, with Roman E&G Corporation, 14 Ogden Street, Newark, New Jersey 07104, for the combined base bid and supplemental bid total amount not to exceed $5,875,490.00; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C, which forbids the award of a contract of a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates, and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds; and
WHEREAS, this contract is for an amount over $17,500.00 and is being awarded as a Fair and Open Contract pursuant to N.J.S.A. 19:44A-20.5.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Mayor and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the lowest responsible bid submitted by Roman E&G Corporation, on December 27, 2019, and to enter into and execute Contract 35-WS2024 Phase-9(A) Lead Service Line Replacement, with Roman E&G Corporation, 14 Ogden Street, Newark, New Jersey 07104, for the combined base bid and supplemental bid total amount not to exceed $5,875,490.00, for a term of 280 days from the date of the issuance of the Notice to Proceed.
2. Attached hereto is a Certification of Funds from the Chief Financial Officer, which states that funds in the amount of $5,875,490.00, are available in the Department of Water and Sewer Utility's Capital Budget, under Business Unit NW041, Department ID 19W, Division/Project 19W00, Activity A, Account #94710, Budget Ref: B2019 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. 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 in the Office of the City Clerk.
6. This contract was solicited and awarded pursuant to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and is in compliance with the City's Contractor Pay-to-Play Reform Ordinance, R.O. 2:4-22C.
7. 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 and/or his designee, the Director of the Department of Water and Sewer Utilities, to accept the lowest responsible bid submitted by Roman E&G Corporation, on December 27, 2019, and to enter into and execute Contract 35-WS2024 Phase-9(A) Lead Service Line Replacement, located at various locations in the City of Newark, with Roman E&G Corporation, 14 Ogden Street, Newark, New Jersey 07104, for the combined base bid and supplemental bid total amount not to exceed $5,875,490.00, for a term of 280 days from the date of the issuance of the Notice to Proceed.