HomeMy WebLinkAboutAward Bid - Eagle Way Rescind and Award Memo - Indiana Earth, Inc.
P HONE 574/ 235-9251
1316 C OUNTY-C ITY B UILDING
F AX 574/ 235-9171
227 W. J EFFERSON B OULEVARD
S OUTH B END,I NDIANA 46601-1830
C ITY OF S OUTH B END J AMES M UELLER,M AYOR
B OARD OF P UBLIC W ORKS
April 14, 2020
Mr. Mark Osler
Indiana Earth, Inc.
10343 McKinley Hwy.
Osceola, IN 46561
jkabelearth10@yahoo.com
earth92inc@sbcglobal.net
Dear Mr. Osler:
The Board of Public Works, at its meeting held on April 14, 2020, rescinded their previous
rejection of bids on March 24 and awarded the above referenced project to you in the amount of
$239,444.56. Due to new information regarding the Good Faith Efforts requirements, the City
will not require or set contract goals on this project. Enclosed please find a signed Bid/Proposal
form.
Please forward the following documents in one submittal by April 28, 2020 to my attention for
Board of Public Works approval to lhensley@southbendin.gov:
1) One (1) signed original of the Public Works Contract (enclosed)
2) Labor & Material Payment Bond
3) Performance Bond (125% of Bid Amount)
4) Certificate of Insurance naming the City of South Bend as an additional insured
5) Item #4 for all subcontractors you use
If you have any further questions regarding this matter, please call this office at (574) 235-9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosures
G ARY A. G ILOT E LIZABETH A. M ARADIK T HERESE J. D ORAU J ORDAN V. G ATHERS J OSEPH R. M OLNAR
INTER-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:April 6, 2020
OnMarch 10,2020the Board of Public Worksopened and read bidsfor the above project.
The bidders ranked as follows:
BidderBid AmountMBE/WBE % Utilization
1.Indiana Earth, Inc.$239,444.561.29%
2.RitschardBros.Inc.$281,819.0082.91%
4.Walsh & Kelly, Inc.$304,130.000.97%
3. HRP Construction, Inc.$374,400.003.24%
The MBE/WBE goal was determined to be 21.12%. Indiana Earthreached 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.
On3/24/20, all bids were rejected based on the legal counsel’s opinionthatIndiana Earth, 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, all other bids were beyond the project
budget.
Since this bid rejection occurred, new information about data in the City’s disparity study has
come to light.As a result, the City will not require or set contract goals on this project.
Based on the new information that has come to light regarding the disparity study,Engineering
respectfully requests that the Board rescind its rejection of all bids andrecommends the award
of a contract for $239,444.56to the lowest responsive / responsible bidder,Indiana Earth, Inc.
Indiana Earth has submitted the necessary paperwork to become pre-qualified and has
submittedan acknowledgment ofalladdendums.
Sufficient funds fromRW TIF (324-1050-460-31.02)have beenappropriated.
Please call with your questions.
Enclosure
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
PUBLIC WORKS CONTRACT
th
THIS AGREEMENT, made and entered into this 14. Day of April, 2020, by and between, Indiana
Earth, Inc., 10343 McKinley Hwy., Osceola, IN 46561, , 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.119-095
DESCRIPTION: EAGLE WAY SEWER EXTENSION
COMPLETION DATE: SEE SPECIFICATIONS
AMOUNT:$239,444.56
FUNDING: RWDA TIF
The unit prices for this improvement were those prices as received and accepted by the Board on
th
the 10. Day of March, 2020.
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 final 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 INDIANA EARTH, INC.
Printed Name
Signature
CERTIFICATION (To be completed if Contractor is a Corporation)
I, , 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
$800.00 $500.00
$2,950.00 $2,000.00 $2,200.00 $1,900.00 $3,136.00 $1,000.00 $2,752.00 $4,500.00
$242,600.00
$10,491.00 $11,008.00 $36,900.00 $71,463.00 $11,000.00 $35,000.00 $45,000.00 $61,530.00
TOTAL COSTTOTAL COST
$304,130.00
Walsh & Kelly, Inc.Walsh & Kelly, Inc.Walsh & Kelly, Inc.
$49.00 $40.00 $41.50 $25.00 $25.00 $12.50 $29.30
$172.00 $172.00
UNIT COST$2,950.00 $2,000.00 $2,200.00 $1,900.00 $4,100.00 $4,500.00 UNIT COST
$10,491.00 $11,000.00 $35,000.00
$320.00 $200.00
$4,260.00 $2,500.00 $7,395.00 $7,780.00 $1,000.00 $2,688.00 $1,250.00 $3,504.00 $5,260.00 $2,500.00
$261,134.00
$13,440.00 $30,870.00 $16,380.00 $18,000.00 $20,685.00
TOTAL COSTTOTAL COST
$143,787.00
$281,819.00
Ritschard Bros., Inc.Ritschard Bros., Inc.Ritschard Bros., Inc.
$5.00 $9.85
$42.00 $50.00 $83.50 $10.00 $10.00
$210.00 $219.00
UNIT COST$4,260.00 $2,500.00 $7,395.00 $7,780.00 $1,000.00 $3,430.00 $5,260.00 $2,500.00 UNIT COST
$16,380.00
$500.16 $500.00
$3,100.00 $3,300.00 $1,900.00 $7,200.00 $9,400.00 $2,198.40 $1,250.00 $7,424.00 $2,448.00 $9,600.00 $7,100.00
$202,799.56
$24,750.00 $76,629.00 $23,900.00 $21,600.00 $36,645.00
TOTAL COSTTOTAL COST
$239,444.56
Indiana Earth, Inc.Indiana Earth, Inc.Indiana Earth, Inc.
$6.00
$34.35 $50.00 $44.50 $15.63 $25.00 $17.45
$116.00 $153.00
UNIT COST$3,100.00 $3,300.00 $1,900.00 $7,200.00 $9,400.00 $2,750.00 $9,600.00 $7,100.00 UNIT COST
$23,900.00
$480.00 $300.00
$5,000.00 $4,500.00 $7,000.00 $5,000.00 $2,880.00 $1,875.00 $8,896.00 $1,376.00
$324,000.00
$31,657.00 $45,000.00 $65,436.00 $24,000.00 $25,000.00 $20,000.00 $75,600.00 $50,400.00
TOTAL COSTTOTAL COST
$374,400.00
HRP Construction, Inc.HRP Construction, Inc.HRP Construction, Inc.
$45.00 $75.00 $86.00 $38.00 $15.00 $15.00 $21.00 $24.00
$139.00
UNIT COST$5,000.00 $4,500.00 $7,000.00 $5,000.00 $5,000.00 UNIT COST
$31,657.00 $24,000.00 $25,000.00 $20,000.00
Base Bid
Alternate Bid
$48.00 $30.00
Bid Tabulation
$560.00
$7,500.00 $9,500.00 $4,500.00 $2,500.00 $6,400.00 $1,500.00 $9,600.00
$266,072.00
$10,500.00 $31,500.00 $80,934.00 $15,000.00 $25,000.00 $25,000.00 $36,000.00 $42,000.00
TOTAL COSTTOTAL COST
City of South Bend
City Project No. 119-095
$308,072.00
Eagle Way Sewer Extension
ENGINEER'S ESTIMATEENGINEER'S ESTIMATEENGINEER'S ESTIMATE
$1.50 $1.50
$60.00 $35.00 $47.00 $10.00 $20.00
$100.00 $150.00
UNIT COST$7,500.00 $9,500.00 $4,500.00 $2,500.00 $3,500.00 UNIT COST
$10,500.00 $15,000.00 $25,000.00 $25,000.00
LSLSLSLSLSLSLSLS
EA
LFTLFTLFTLFT
SYDSYD
UNIT TONCYD UNIT CYD
111119111
642564163220
172236002100
QUANTITYQUANTITY
DESCRIPTIONDESCRIPTION
March 10, 20202 Maintenance of TrafficMobilization and DemobilizationConstruction EngineeringClearing of Right of WayTemporary Erosion ControlConcrete Pavement, RemoveCompacted Aggregate
for Base, No. 53PCCP, 12"Concrete Curb, 6”Standard Sanitary Sewer Manhole, 48 IN.Sanitary Sewer Pipe, PVC SDR 26, Circular, 15 IN.Connection to Existing Sewer - Nimtz ParkwayLonewolf
Lift Station AbandonmentAbandon Existing 8" Eagle Way Sanitary SewerLine, Epoxy Paint, Solid Yellow, 4"Line, Epoxy Paint, Broken Yellow, 4"Common Excavation TOTAL AMOUNT OF BASE BID
Borrow TOTAL AMOUNT OF BASE BID + ALTERNATE BID
123456789
101112131415161718
ITEM NO.ITEM NO.
Date of Bid:
Requiredfor All Submissions
P HONE 574/ 235-9251
1316 C OUNTY-C ITY B UILDING
F AX 574/ 235-9171
227 W. J EFFERSON B OULEVARD
S OUTH B END,I NDIANA 46601-1830
C ITY OF S OUTH B END J AMES M UELLER,M AYOR
B OARD OF P UBLIC W ORKS
April 14, 2020
Mr. Matthew D. Cain
HRP Construction, Inc.
5777 Cleveland Rd., PO Box 266
South Bend, IN 46624
joej@hrpconstruction.com
Dear Mr. Cain:
The Board of Public Works, at its meeting held on April 14, 2020, rescinded their previous
rejection of bids and awarded the above referenced project to Indiana Earth, Inc., in the amount
of $239,444.56. Due to new information regarding the Good Faith Efforts requirements, the City
will not require or set contract goals on this project.
Your bid bond will be returned when the current COVID-19 Stay at Home Executive
Order is lifted by the Governor. Thank you for bidding, and we hope you bid with us in
the future.
If you have any further questions regarding this matter, please call this office at (574)
235-9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
G ARY A. G ILOT E LIZABETH A. M ARADIK T HERESE J. D ORAU J ORDAN V. G ATHERS J OSEPH R. M OLNAR
P HONE 574/ 235-9251
1316 C OUNTY-C ITY B UILDING
F AX 574/ 235-9171
227 W. J EFFERSON B OULEVARD
S OUTH B END,I NDIANA 46601-1830
C ITY OF S OUTH B END J AMES M UELLER,M AYOR
B OARD OF P UBLIC W ORKS
April 14, 2020
Mr. Donald Ritschard, Jr.
Ritschard Bros., Inc.
1204 W. Sample St.
South Bend, IN 46619
Rit1204@datacruz.com
Dear Mr. Ritschard:
The Board of Public Works, at its meeting held on April 14, 2020, rescinded their previous
rejection of bids and awarded the above referenced project to Indiana Earth, Inc., in the amount
of $239,444.56. Due to new information regarding the Good Faith Efforts requirements, the City
will not require or set contract goals on this project.
Your bid bond will be returned when the current COVID-19 Stay at Home Executive
Order is lifted by the Governor. Thank you for bidding, and we hope you bid with us in
the future.
If you have any further questions regarding this matter, please call this office at (574)
235-9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
G ARY A. G ILOT E LIZABETH A. M ARADIK T HERESE J. D ORAU J ORDAN V. G ATHERS J OSEPH R. M OLNAR
P HONE 574/ 235-9251
1316 C OUNTY-C ITY B UILDING
F AX 574/ 235-9171
227 W. J EFFERSON B OULEVARD
S OUTH B END,I NDIANA 46601-1830
C ITY OF S OUTH B END J AMES M UELLER,M AYOR
B OARD OF P UBLIC W ORKS
April 14, 2020
Mr. Dustin P. Hilary
Walsh & Kelly, Inc.
24358 State Road 23
South Bend IN 46614
dhilary@walshkelly.com
Dear Mr. Hilary:
The Board of Public Works, at its meeting held on April 14, 2020, rescinded their previous
rejection of bids and awarded the above referenced project to Indiana Earth, Inc., in the amount
of $239,444.56. Due to new information regarding the Good Faith Efforts requirements, the City
will not require or set contract goals on this project.
Your bid bond will be returned when the current COVID-19 Stay at Home Executive
Order is lifted by the Governor. Thank you for bidding, and we hope you bid with us in
the future.
If you have any further questions regarding this matter, please call this office at (574)
235-9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
G ARY A. G ILOT E LIZABETH A. M ARADIK T HERESE J. D ORAU J ORDAN V. G ATHERS J OSEPH R. M OLNAR