Loading...
HomeMy WebLinkAboutAward Quote - VPA Parking Lot Security Gates - Custom Fence Company 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 August 25, 2020 Mr. Rich Kujawa Custom Fence Company 2265 Reum Rd. Niles, MI 49120 richard.kujawa@customfencemichiana.com Dear Mr. Kujawa: The Board of Public Works, at its meeting held on August 25, 2020, awarded the above referenced quotation to you, in the amount of $17,292.11 Please forward the following documents in one submittal by September 8, 2020 to my attention for Board of Public Works approval to lhensley@southbendin.gov 1) One (1) signed 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, 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 BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA PUBLIC WORKS CONTRACT THIS AGREEMENT, made and entered into this 25th Day of August, 2020, by and between, Custom Fence Company, 2265 Reum Rd., Niles, MI 49120, HEREINAFTERcalled 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: VPA PARKING LOT SECURITY GATES DESCRIPTION: SEE SPECIFICATIONS COMPLETION DATE: $17,292.11 AMOUNT: PR-00002135 FUNDING: The unit prices for this improvement were those prices as received and accepted by the Board on the 28th Day of July, 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 CUSTOM FENCE COMPANY Gary A. Gilot, PresidentElizabeth A. Maradik, MemberPrinted Name Therese J. Dorau, Member Jordan V. Gathers, Member Signature Joseph R. Molnar, Attest: Linda M. Martin, Member Clerk 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. Corporate Secretary Seal INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS VENUES PARKS & ARTS TO: Linda M. Martin, Clerk Board of Public Works FROM: Patrick Sherman SUBJECT: VPA Parking Lot Security Gates: Project 1211-2020 DATE: 08/11/2020 th On July 28, 2020, the Board of Public Works opened and read one responsive quote for the above project. The quote was as follows: Total Company 1.Custom Fence Company$17,292.11 Venues Parks & Arts recommends award of a contract for $17,292.11 to the lowest responsive / responsible bidder, Custom Fence Company. The Department of Public Works has appropriated sufficient funds from the Park Bond Series I, 471-11-206-286-444000. Please contact me with any questions. SCOPE OF WORK CITY OF SOUTH BEND PROJECT NAME: VPA Parking Lot Security Gates PROJECT NO. 1211-2020 th QUOTES DUEJuly 28, 2020 @ 9:30am I. PROJECT DESCRIPTION A. The project includes the furnishing of all equipment, material, insurance, and labor for the furnishing and installation of swinging vehicle gates within the City of South Bend, IN. II.PREVAILING SPECIFCIATIONSAND CONSTRUCTION STANDARDS AND SPECIFICATIONS A. The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and CONSTRUCTION STANDARDS AND SPECIFICATIONS, most recent version, are to be used on this project. B. Each Quote provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the CONSTRUCTION STANDARDS AND SPECIFICATIONS prior to submitting a quote. C. Wherever the PREVAILING SPECIFICATIONS refer to “State Specifications,” it shall mean the 2020 INDOT Standard Specifications for the letting effective after September 1, 2019. D. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. E. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern. III. TERM “OR EQUAL” A. Prevailing Specifications: None B. Additions 1. Where the term "or equal" is used in these specifications, the Quote provider deviating from specified item shall file with his/her/its Quote a letter fully explaining and justifying his/her/its proposed article or equal. The City of South Bend shall be the sole judge in determining if the “or equal” offered meets the specification. IV. TAX EXEMPT A. Prevailing Specifications: None B. Additions 1. Materials and properties purchased under contract with the Owner that becomes a permanent part of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax). The exemption number will be furnished to the Contractor upon award. V. INDEMNIFICATION A. Prevailing Specifications: None B. Additions 1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents, officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by Contractor, or because of arising out of any defect in the goods, materials or equipment supplied by the Quote provider. Version 2/14/2020 Page - 1 Public Works Quote VI.INSURANCE A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 B. Additions: 1. All Contractors and subcontractors doing business with the City of South Bend shall present a Certificate of Insurance showing coverage in the following minimum amount: a. General Liability: Premises-Completed Operations or Products, Bodily Injury and Property Damage Combined Single Limit - $5,000,000. b. There shall be no exclusion for explosion, collapse or underground hazard. c. Workmen’s Compensation: Statutory State of Indiana Employer's Liability - $100,000. d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000. e. The City of South Bend shall be named as additional insured on the Certificate of Insurance. VII. CONTROL OF WORK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. 2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel, equipment and supplies to perform all work required under this item. There will be no direct payment for this item. 3. The contractor is responsible to maintain the site which includes but is not limited to; dust control, site security, erosion control, and protecting adjacent properties. 4. Work hours for the Project shall be from 7:00 a.m. through 6:00 p.m., Monday through Friday. No work shall be permitted on weekends, Holidays, or after hours unless approved by the City of South Bend Department of Public Works. VIII. LEGAL RELATIONS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 107 B. Additions: 1. The Owner, where mentioned in these documents, is the City of South Bend. The Project Manager, where mentioned in these documents, is Patrick Sherman. 2. The Contractor shall apply for and obtain any and all required permits for the work from local, state, and federal agencies and shall comply with permit requirements, including the St. Joseph County / City of South Bend Building Department. 3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with the Secretary of State of Indiana to engage in business within the State of Indiana. 4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner reserves the right to immediately terminate the public work project awarded should the Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result in the forfeiture of Contractor’s performance bond to the Owner. IX. PROSECUTION AND PROGRESS A. Prevailing Specifications: 2020, INDOT Standard Specifications Sec. 108 B. Additions: 1. The project will have a completion date of 60 Days. The contract time will start when the Notice to Proceed is delivered and signed. 2. The City, Project Manager, and Contractor will hold a pre-construction meeting following award of the contract. The date of the Notice to Proceed will be agreed at that meeting. 3. Contractor shall provide a schedule to the Owner prior to beginning any work on the site. Version 2/14/2020 Page - 2 Public Works Quote X.CHANGE OF CONTRACT TIME A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions 1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the Contract Time shall be based on written notice delivered to the Department of Public Works within seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days after such occurrence unless an official of the Public Works Department allows an additional period of time to ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost to delays beyond the control of the Contractor if a claim is made in accordance with this provision. Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. 2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An extension is granted for weather conditions significantly more severe than normal if the Contractor demonstrates to the satisfaction of the City that the delay in the progress of the work was due to such weather. The basis to define normal weather with be the data compiled by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). 3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including fault or negligence of Contractor’s subcontractors, caused the delay, or for which any remedies are provided under any other provision of this agreement. 4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of any rights or remedies existing under this contract at law or in equity. XI. DEFAULT AND TERMINATION A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: 1. Events of Default shall include Contractor’s failure to perform any of its obligations under this contract including failure to commence work at the time specified, failure to perform the work in accordance with these specifications, unauthorized discontinuation of the work, failure to carry out the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or regulations, and failure to comply with any other term of this contract. 2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract in which case the termination shall be final and effective. 3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under separate provisions of this contract, the right of set-off against any payments due or to become due to the Contractor against the retainage, the right to take over and complete the Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that the Contractor has in order under Contractor’s subcontracts are assigned to the City, subject to the City’s right to take assignment of all or only selected subcontracts at the City’s discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, the Contractor shall execute or cause to be executed any assignment, agreement, or other document that may be necessary in the sole opinion of legal counsel to the City’s Board of Public Works to evidence compliance with this provision. The Contractor shall promptly deliver such documents upon the City’s request. In the case of such assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment already involved, and for any claim, suit or cause of action based upon or resulting from any error, omission, negligence or other breach of contract by the Contractor, its officers, employees, or agents arising prior to the date of assignment to the City. XII. LIQUIDATED DAMAGES Version 2/14/2020 Page - 3 Public Works Quote A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: 1. The contractor shall proceed with the work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work, and excludes the time for unavoidable delays which were beyond the control and without the fault of the Contractor. 2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages a sum of five hundred dollars ($250.00) for each calendar day that the Contractor shall remain in default after the time of completion stipulated in the Contract Documents. 3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner and Project Manager/Architect. a. To any preference, priority, or allocation order duly issued by the Owner. b. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. XIII. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days 2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of payments throughout the duration of the project. 3. Before final payment and retainage are released the Contractor must satisfy the following: a. All parts and labor meet requirements stated in the specifications. b. Provide copies of test reports or cut sheets on all materials supplied. c. Provide As-Built drawings in accordance with the City of South Bend Prevailing Specifications for Public Works. d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver of Lien. XIV. WARRANTY A. Prevailing Specifications: None B. Additions 1. All Parts shall include the following: a. Performance specifications b. Bill of Materials c. Warranties on all parts d. Installation and safety requirements XV. OTHER UTILITIES A. Prevailing Specifications: None B. Additions: Version 2/14/2020 Page - 4 Public Works Quote 1. The Contractor shall verify the locations of all utilities by contacting Indiana811 by calling 811 (in Indiana) or 1-800-382-5544 (outside of Indiana), or via www.indiana811.org, at least two (2) working days, not counting Saturdays, Sundays or federal and state holidays before proceeding with construction. It shall also be the Contractor’s responsibility to contact any other utility that is not contacted by Indiana811 and verify the utility locations. 2. The Contractor shall be responsible for working with the other utilities, i.e., gas electric, telephone, etc. in order to assure that all utilities that need to be replaced or relocated can be done with a minimum disturbance to service. The Contractor shall also be responsible for coordinating schedules with the various utilities such that they can proceed with their relocation work as efficiently as possible. 3. If the odor of natural gas is detected in a work area at any time during the course of work, the Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also immediately notify the residents of adjacent properties. The Contractor shall advise the residents to evacuate their homes immediately if the odor is present within the dwelling. 4. Restoration of sprinkler systems damaged by the Contractor's operations shall be repaired by the Contractor at no additional cost to the City or the Owner of the system. XVI. MAINTENANCE OF TRAFFIC A. Prevailing Specifications: 2020, INDOT Standard Specifications Sections 105 & 801 B. Additions: 1. Maintenance of traffic during construction shall conform to the “Indiana Manual on Uniform Traffic Control Devices” and the City of South Bend Design and Construction Standards. 2. The attached “Traffic Closure Request” form is to be used for any lane restrictions or closures and required to be filled out and sent to the Department of Public Works 3. The Contractor shall arrange and prosecute the work specified for this contract in such a manner that traffic on existing streets is unrestricted throughout the Project. The Project Manager shall approve the method of traffic control. No construction equipment, vehicles, materials, supplies or temporary facilities shall be left unattended in the right-of-way of any street or left parked overnight without proper marking and lighting. 4. After the award of the contract and before beginning the work, the Contractor shall submit his/her/its proposed schedule of operations for the review of the Project Manager. The schedule of operations as reviewed by the Project Manager shall be maintained at all times. 5. There will be no direct payment for this work. XVII. DESCRIPTION OF WORK A. Prevailing Specifications: None B. Additions 1. Work to be performed shall include furnishing all labor, services, materials, insurance and equipment to furnish and install swinging vehicle gates within the City of South Bend. 2. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor’s operations. XVIII. PLANS A. Prevailing Specifications: City of South Bend CONSTRUCTION STANDARDS AND SPECIFICATIONS B. Additions: 1. The plans consist of 5 Sheets. 2. The work shall conform to the plans. 3. The drawings are schematic in nature. 4. The CONTRACTOR is responsible for estimating dimensions and quantities of materials. 5. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern. Version 2/14/2020 Page - 5 Public Works Quote XIX. SPECIFICATIONS A. Locations 1. All exact gate locations will be verified on site with Owner prior to installation. 2. Please see the following sheets for gate locations and types a. Charles Black Recreation Center: 3419 W Washington St, South Bend, IN 46619 b. Martin Luther King Jr Recreation Center: 1522 Linden Ave, South Bend, IN 46628 c. Muessel Grove Park: 1222 Wilber St, South Bend, IN 46628 d. Belleville Softball Complex – Phillip St. Clair Park: 4802 Meadow Ln, South Bend, IN 46619 B. Gate Specifications: 1. Single Swing gate: a. Install 1 - black vinyl coated barricade gate for 16' wide opening – no latch. b. 4" x Schedule 40 hinge posts black coated installed in concrete foundation. c. 1 5/8" black coated post with black coated duck bill gate hold back. d. 2"xSchedule 20 black coated, welded gate frame. 2. Double Swing Gate: a. Install 1 - black vinyl coated double barricade gate for 32' wide opening – no latch b. 4" x Schedule 40 hinge posts black coated installed in concrete foundation. c. 1 5/8" black coated post with black coated duck bill gate hold back on each side. d. 2"xSchedule 20 black coated, welded gate frame. Version 2/14/2020 Page - 6 Public Works Quote Charles Black Recreation Center: 3419 W Washington St, South Bend, IN 46619 1.Single gate for service drive –Set back 20’ from street 2.Double gate on parking lot entrance –Set back 20’ from street 3.Double gate on parking lot entrance –Set back 20’ from street 4.Single gate for service drive –Set back 20’ from street 1 4 23 This drive is slightly east of rec center Martin Luther King Jr Recreation Center: 1522 Linden Ave, South Bend, IN 46628 1.Single gate for service drive –Set back 20’ from street 2.Double gate on parking lot entrance –Set back 12’ from street 3.Double gate on parking lot entrance –Set back 12’ from street 2 3 1 Muessel Grove Park: 1222 Wilber St, South Bend, IN 46628 1.Double gate on parking lot entrance –Set back 16’ from street 2.Double gate on parking lot entrance –Set back 16’ from street 1 2 Belleville Softball Complex –Phillip St. Clair Park: 4802 Meadow Ln, South Bend, IN 46619 1.Single gate for service drive –Set back 20’ from street 2.Double gate on parking lot entrance –Set back 16’ from street 1 2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/22/2020 Department VPA Name Patrick Sherman BPW Date 07/28/2020 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance Officer Name and Inclusion Officer BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Michael Schmidt Check the Appropriate Item Type – Required for All Submissions Professional Services AgreementContractProposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal OpeningC/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name TBD Yes If Yes, Approved by Purchasing New Vendor No MBE Yes MBE/WBE Contractor Completed E-Verify Form Attached WBE No Project NameVPA Parking Lot Security Gates Project Number 1211-2020 Funding Source Park Bond Series I Account No. 471-11-206-286-444000 Amount $30,000, depending on quotes received Terms of ContractLump Sum Purpose/DescriptionThis is to add vehicle gates to several park property parking lots so the lots can be closed when the park closes. ______________ For Change Orders Only $ Increase Amount of Decrease ($ ) Previous Amount$ % Increase Decrease ( %) Current Percent of Change: New Amount $ % Increase Decrease ( %) Total Percent of Change: Time Extension Amount: New Completion Date: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/05/2020 Department VPA Name Patrick Sherman BPW Date 08/11/2020 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance Officer Name and Inclusion Officer BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Michael Schmidt Check the Appropriate Item Type – Required for All Submissions Professional Services AgreementContractProposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal OpeningC/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Custom Fence Company Yes If Yes, Approved by Purchasing New Vendor No MBE Yes MBE/WBE Contractor Completed E-Verify Form Attached WBE No Project NameVPA Parking Lot Security Gates Project Number 1211-2020 Funding Source Park Bond Series I Account No. 471-11-206-286-444000 Amount $17,292.11 Terms of ContractLump Sum Purpose/DescriptionThis is to add vehicle gates to several park property parking lots so the lots can be closed when the park closes. ______________ For Change Orders Only $ Increase Amount of Decrease ($ ) Previous Amount$ % Increase Decrease ( %) Current Percent of Change: New Amount $ % Increase Decrease ( %) Total Percent of Change: Time Extension Amount: New Completion Date: