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Home My WebLink AboutRejection of Bids - Eagle Way Sewer Extension Proj No. 119-095INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk Board of Public Works FROM: Kyle Silveus SUBJECT: Eagle Way Sewer Extension, Project 119-095 DATE: March 24, 2020 On March 10, 2020 the Board of Public Works opened and read bids for the above project. The bidders ranked as follows: Bidder Bid Amount MBEMBE % Utilization 1. Indiana Earth, Inc. $239,444.56 1.29% 2. Ritschard Bros. Inc. $281,819.00 82.91 % 4. Walsh & Kelly, Inc. $304,130.00 0.97% 3. HRP Construction, Inc. $374,400.00 3.24% The MBE/WBE goal was determined to be 21.12%. Indiana Earth reached out to 4 MBE/WBE subcontractors and plans to utilize one on this project (1.53% of the base bid, 1.29% with the bid alternate that is desired to be awarded). One subcontractor chose not to bid, while one subcontractor and one supplier provided quotes, but Indiana Earth does not plan to use them because they were not the low bidders for the work. The percentage of MBE/WBE utilization for each contractor is listed in the table above. Indiana Earth's bid included MWBE utilization at 1.53% of the base bid or 1.29% with alternate. Walsh & Kelly's bid used one MWBE for traffic maintenance, equivalent to 1.21 % of base bid, or $2,949. It rejected an MWBE material supplier for pipes and castings because it was "higher than other quotes we receive." Indiana Earth disclosed that it obtained 4 quotes from MWBE's, for concrete, manholes, and pipe, but that it was "not using those quotes." It did use the MWBE bid for barricading of $3,100. When factoring in the alternate, the next lowest bidder is a WBE entity (Would perform 90% of the work) but their bid is beyond the budget for the project. Indiana Earth did not submit evidence of participation in an apprenticeship/training program, copy of a written plan for drug testing, or evidence that they used a surety company listed on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" with their bid. They did supply the documents after bids were opened via e-mail. All bidders submitted an acknowledgment of the addendums. Indiana Earth's MWBE utilization is substantially and significantly less than the MWBE goal. Indiana Earth also chose not to utilize three other MWBE quotes. The City's MWBE ordinance at Section 14.5-13 (c) (3) expressly states: "That there may be some additional costs in finding and using MWBE's is in itself not sufficient reason for a contractor's failure to meet a contract goal, as long as such costs are reasonable." Based on legal counsel's opinion that the low bidder, by not showing proof that the MWBE's quote was unreasonable, did not display a good faith effort (hence their bid was non -responsive). In addition, since all other bids were beyond the project budget, Engineering recommends the rejection of all bids. Please call with your questions, Enclosure 1316 COUNTY -CITY BUILDING 227 w.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 24, 2020 Mr. Dustin Hilary Walsh & Kelly, Inc. 24358 State Road 23 South Bend, IN 46614 PHONE 574/235-9251 FAX 574/235-9171 RE: Rejection of Bids — Eagle Way Sewer Extension — Project No. 119-095 Dear Mr. Hilary: The Board of Public Works, at its meeting held on March 24, 2020, approved the rejection of all bids for the above referenced project. All bidders need to have more detailed information about the "good faith efforts" process and the City will provide these Guidelines on Good Faith Efforts at a later date. Enclosed please find your bid bond. This project will be advertised at a later date. Thank you for bidding, and we hope you bid with us in the future. Please call this office if you have further questions regarding this matter at (574) 235-9251, Sincerely, 40 Linda M Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARDU LIC WORKS March 24, 2020 Mr. Matthew D. Cain HRP Construction Inc. 5777 Cleveland Rd. P.O. Box 266 South Bend, IN 46624-0266 PHONE 574/235-9251 FAX 574/235-9171 RE: Rejection of Bids — Eagle Way Sewer Extension — Project No. 119-095 Dear Mr. Cain: The Board of Public Works, at its meeting held on March 24, 2020, approved the rejection of all bids for the above referenced project. All bidders need to have more detailed information about the "good faith efforts" process and the City will provide these Guidelines on Good Faith Efforts at a later date. Enclosed please find your bid bond. This project will be advertised at a later date. Thank you for bidding, and we hope you bid with us in the future. Please call this office if you have further questions regarding this matter at (574) 235-9251. Sincerely, Linda M Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARDU LIC WORKS March 24, 2020 Mr. Donald Ritschard, Jr. Ritschard Bros., Inc. 1204 W. Sample St. South Bend, IN 46619 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Rejection of Bids — Eagle Way Sewer Extension — Project No. 119-095 Dear Mr. Ritschard: The Board of Public Works, at its meeting held on March 24, 2020, approved the rejection of all bids for the above referenced project. All bidders need to have more detailed information about the "good faith efforts" process and the City will provide these Guidelines on Good Faith Efforts at a later date. Enclosed please find your bid bond. This project will be advertised at a later date. Thank you for bidding, and we hope you bid with us in the future. Please call this office if you have further questions regarding this matter at (574) 235-9251. Sincerely, Linda M Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Mark Osler Indiana Earth, Inc. 10343 McKinley Hwy. Osceola, IN 46561 ✓� r CITY OF ! BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC1 March 24, 2020 PHONE 574/235-9251 FAX 574/235-9171 RE: Rejection of Bids — Eagle Way Sewer Extension — Project No. 119-095 Dear Mr. Osler: The Board of Public Works, at its meeting held on March 24, 2020, approved the rejection of all bids for the above referenced project. All bidders need to have more detailed information about the "good faith efforts" process and the City will provide these Guidelines on Good Faith Efforts at a later date. Enclosed please find your bid bond. This project will be advertised at a later date. Thank you for bidding, and we hope you bid with us in the future. Please call this office if you have further questions regarding this matter at (574) 235-9251. Sincerely, Linda M Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR