HomeMy WebLinkAboutAward Quotation - 2017 Crack Sealing Proj No 117-102 - Asphalt Restoration Services LLC91 kyj bl-I L91 0 to] a :4 0 Lei 10 14141 V 10
TO: Linda M. Martin, Clerk
Board of Public Works
FROM: Tara Weigand, Project Engineer 1�6v)
SUBJECT: Award Project No. 117-102
2017 Crack Sealing
DATE: December 191, 2017
On December 19, 2017, the Board of Public Works opened and read quotes for the above
project.
The quoters ranked as follows:
Quoter
Total Quote
Amount
1. Asphalt Restoration Services, LLC
$85,000.00
2. Niblock Excavating
No Quote
3. Rieth-Riley Construction Co., Inc.
No Quote
4. Walsh & Kelly, Inc.
No Quote
Upon review of the quote submitted by Asphalt Restoration Services, LLC, it was discovered
that the Non -Collusion and Non -Debarment Affadavit was not signed by the Contractor. After
being notified of this omission, the Contractor provided the City with a signed and notarized
affadavit. I recommend that the Board waive this irregularity as it was limmaterial to the quote
and has been corrected.
I recommend award of a contract for 2017 Crack Sealing ' to the lowest responsive /
responsible quoter, Asphalt Restoration Services, LLC in the amount of $ 85,000.00.
Sufficient funds have been has appropriated from LRSA - Street Maintenance, 251-0608-431,36-
10.
Please call with your questions (5998).
Enc. Quote Tabulation
Signed Affadavit
1316 COUNTY -CITY BUILDING
227 W, JEFFERSON BOULEVARD
Soui'ji BEND. INDIANA 46601-1830
NEff IT'17'"M t 1j4Tff1 1= �S-
December 21, 2017
Jamie Brown
Asphalt Restoration Services, LLC
PO Box 2484
South Bend, IN 46680
RE: Quotation Award — 2017 Crack Scaling — Project No, 117-102
Dear Ms. Brown:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works at its meeting held on December 21, 2017, awarded the above
referenced quotation to you in the amount of $85,000.
Please forward the following documents in one submittal by januam.4.,2018 to my attention
for Board of Public Works approval:
1) One (1) original of the Contract (enclosed); and
2) Certificate of Insurance naming the City of South Bend as an additional insured.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
c: Tara Weigand, Engineering
Roger Nawrot, Engineering
Derick Roberts, Streets
GARY A. Git,o'r SUZANNA M. FRi'rZBERG ELIZABUB A. MARADIK JAW's A. Mur,11ER Ti-ii-,'izESE J. DORAU
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
PUBLIC WORKS CONTRACT
THIS AGREEMENT, made and entered into this 21 st Day of December, 2017, by and between,
Asphalt Restoration Services, LLC, PO Box 2484, South Bend,T.N 46680, HEREINAFTER
called the Contractor, and the Board of Public Works herein called the "Board".
WITNESSETH: That the Contractor covenants and agrees to make the following improvement,
as fully set out in the Request for Quotations, Standard Specifications, Special Provisions, Plans,
and Bid Proposals, all of which are set forth as a part of this Contract, for:
PROJECT NO.
117-102
DESCRIPTION:
2017 CRACK SEALING
COMPLETION DATE.
SEE SPECIFICATIONS
AMOUNT:
$85,000
FUNDING:
LRSA
The unit prices for this improvement were those prices as received and accepted by the Board on
the 19th Day of December, 2017,
The Contractor further agrees to notify the Engineer when this improvement is completed. This
notification shall be in the form of a Completion Affidavit, signed by the Contractor. Upon final
acceptance of the improvement by the Engineer, the Contractors filial estimate will be presented
to, the Board for final Payment with one (1) copy of the Completion Affidavit and one (1) copy of
a Waiver of Lien.
BOARD OF PUBLIC WORKS
lKary A. Gilot, President
ASPHALT RESTORATION
SERVICES, LLC
Elizabeth A. Maradik, Member Printed Name
4 1 /)-- -
Suzanna M. Fritzberg, Jan A. Mueller, Member Signature
Member
Therese J. Vorad"Meniher Aest: Linda M. Mai -tin,
Clerk
CERTIFICATION (To be completed if Contractor is a Corporation)
1, certify that I am Secretary of the Corporation named as
Contractor herein; that who signed this Agreement on behalf of the Contractor
was then of said Corporation; that said agreement was duly signed for and in
behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers.
Secretary
Corporate
Seal
CITY OF SOUTH BEND, INDIANA
CONTRACTOW-S QWQTE FOR PUBLIC WORK
1865
PROJECT NAME: 2017 Crack Sealing
PROJECT NO. .1117-102
QUOTES DUE, December 19, 2017 at 9:00 am EST
(Must be completed for all quotes. Please type or print)
Date:
Address:
City/State/Zip:
Agent of Bidder (if Appfichble): _
Pursuant to notices given, the u
public works project of:
Firrw
I
Telephone Number: 6f-7—q ) ALI r 7 — () K M
offers to furnish labor and/or material! necessary to complete the
— pf,K+ . I !i � -
the City of South, Bend', Indiana, in acc6rdance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated for the sure of (enter the Total Quote as shown on the Proposal)
4�i, Ai (s 95 1 coo -A�:--J-
nter Sum of Totai Quote shown on Proposal) (Numerical)
If alternative quotes apply, the undersigned submits a proposal for each in accordance with the notice. Any
addendums attached will be specifically referenced at the, applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that shown
in the original! contract if accepted by the City of South Bend. If the quote is to be awarded! on a unit basis, the
itemization of the units shall be shown on a separate attachment.
By
(&nature)
(Printed Name 'of Person Signing)
FA001142fillil'[011 ill
The above quote is accepted this day of 20
Subject to the following conditions:
BWRD OF PUB17R
X4, w K
/Wry A. Gil President
Elizabeth A. Maradik, Member
James Mueller, Member
Suzanna M. Fritzberg, Member
11-T e . se J. Dora6 Wern r
est: Linda M. Martin�Clerk
Version 10131/2017 Page - 7 Public Works Quote
N65 ;
PROJECT NAME 2017 Crack Sealing
PROJECT NO. 117-102
QUOTES DUE December 19, 2017 at 9:00 am EST
Item
No.
Description
Quantity
Unit
Unit Price
Total Amount
1
Cracks in Asphalt Pavement, Rout and
5
TON
I
Seal
F�
`
2
Cracks in Asphalt Pavement, Fill
10
TON
Total Amount of Quote
$
Firm:
Address:
City/State/Zip:
Telephone Number:]
Fax Number:
By
" (Signature)
A wee —
(Printed ame or Person Signing)
Version 10/3112017 Page - 11 Public Works Quote
Mien the prospective Contraclor is unable to certify to any of the statements below, it shall attach mr explanation to this Affrdewit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids, Please type or print)
STATE OF )
)SS,
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded frorn participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at hid. Code § 5-22-16.5-5, as amended from
time -to -tune.
b. As provided by Ind. Code § 5-22-16.5-5, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either.
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an unauthorized
alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Version 10/31/2017 Page - 8 Public Works Quote
Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3.
Contractor's documentation of enrollment and participation in the E-Verify Program is included
and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, gender
expression, gender identity, sexual orientation or disability that does not affect that person's ability
to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the City,
its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain
participation by those Contractors certified by the State of Indiana as a Minority Business
("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,
responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1) year
from the date of such determination, and such determination may also be grounds for terminating
the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall
be made a part of any contract which it may henceforth enter into with the City of South Bend,
Indiana or any of its agencies, boards or commissions.
Contractor agrees not to. discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender- identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-
8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel
products or foundry products made in the United States on this project if awarded. I understand I
Version 10/31/2017 Page - 9 Public Works Quote
have an affirmative duty to notify the City in my bid that ttly proposal does not include the use of
steel products or foundry products made in tile United States. I understand it is my sole obligation
and responsibility to provide a justification to tile City, subject to review and approval, why the
cost of United States made steel or foundry products is unreasonable, Prior to award and upon
submission of bid which does not use steel products or foundry products made in the United States,
the City, through its director of public works, shall make a determination if the price of United
States made steel or foundry is unreasonable. I understand that violations hereunder may result in
forfeiture of contractual payments.
I hereby of under the penalties of Perjury that the facts and information contained in the foregoing bid for public
works are true and correct.
Dated this (Jay of 20
6D kyiml 1, LC
Contl-actor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Narne and Title
Subscribed and sworn to before nic this day of 20
My Commission Expires . . ...... .
-Y- — — I �-
Notary 6WI,
C01111ty of Residence 6'xrl
EiR,YAN P. SOUSLEY
"'0 Pub
"Oh" Public - State of Indiana
SEAL
C C MIS, S1,
ornmIssion Number. 682764
M My C; mm s5i,
y Commission Expires April 9,2024
Version 10/3112017
Page - 10 Public Works Quote
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When the prospective Contractor is unable to certify to any of the statensents below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF , LjnCWL r) , )
_ ) SS:
{ COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by hire, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -tune.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an unauthorized
alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Version 10/31/2017 Page - 8 Public Works Quote
Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3.
Contractor's documentation of enrollment and participation in the E-Verify Program is included
and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, gender
expression, gender identity, sexual orientation or disability that does not affect that person's ability
to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the City,
its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain
participation by those Contractors certified by the State of Indiana as a Minority Business
("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,
responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1) year
from the date of such determination, and such determination may also be grounds for terminating
the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall
be made a part of any contract which it may henceforth enter into with the City of South Bend,
Indiana or any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
1, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-
8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel
products or foundry products made in the United States on this project if awarded. I understand I
Version 10/31/2017 Page - 9 Public Works Quote
have an affirmative duty to notify the City in my bid that my proposal does not include the use of
steel products or foundry products made in the United States. I understand it is my sole obligation
and responsibility to provide a justification to the City, subject to review and approval, why the
cost of United States made steel or foundry products is unreasonable. Prior to award and upon
submission of bid which does not use steel products or foundry products made in the United States,
the City, through its director of public works, shall make a determination if the price of United
States made steel or foundry is unreasonable. I understand that violations hereunder may result in
forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public
works are true and correct.
Dated this r� day of 9 , 20�_2
Con actorBidder (Firm)
ignature of Contractor/Bidder or Its Agent
,1a / C i3 ('d ai r-7
Printed Name and Title
Subscribed and sworn to before me this day of >t�U�/l . 20_Zf
My Commission Expires
Notary Public
County of Residence
�uttuu, `TVICKIE L. GRAY
No4ary Public, State of Indiana
:t�otarts'; St. Joseph County
Commission N 6b4386
SSFA1
My Cnminission Expires
AuguS% 07, 2022
Version 10/31/2017 Page - 10 Public Works Quote
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 19, 2017
Name Tara Weigand
Department
JDA—WILGA-FAkaAft
Public Works
Engineering
BPW Date December 21, 20117 Phone Extension 5998
Required Prior to Submittal to Board
Legal Attorney Name:
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing Z
H Agreement Amendment
F-1 Professional Services
❑ Bid Opening
F1 Quote Opening
0 Change Order No.
E] Ease/Encroach.
F-11 Other:
Company or Vendor Name
H Contract H Proposal L] Addendum
0 Resolution
0 Bid Award El Req. to Advertise El Title Sheet
Z Quote Award
F-1 C/O & PCA No. F-1 PCA
n Traffic Control:
New Vendor
MBE/WBE Contractor
MBEANBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Asphalt Restoration Services, LLC
El Yes FRI No F-1 If Yes, Approved by
Purchasing
El MBE F1 WBE
n No F1 Yes Name of Company
2017 Crack Sealing
117-102
LRSA - Street Maintenance
251-0608-431.36-10
$85,000.00
Unit Prices
Asphalt crack sealing and filling at various locations
ff Required Contractor's Certification Forms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of 0 increase $
F] Decrease $
Previous Amount $
Current Percent of Change: °r'®
New Amount
Total Percent of Change: %
Copy
Original
M
0 Roger Nawrot, Assistant City Engineer
M
F-1 Derick Roberts, Streets Department
F
El