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Home My WebLink AboutRescind Quote Awards - Notre Dame Triangle Alley Paving Proj No. 119-057R - Asphalt Restoration Services, LLC 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 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 27, 2020 Mr. Jamie Brown Asphalt Restoration Services, Inc. PO Box 2484 South Bend, IN 46680 arsllc@comcast.net RE: Rescind Quotation Award – Notre Dame Triangle Alley Paving Project No. 119-057R Dear Mr. Brown: The Board of Public Works, at its meeting held on October 27, 2020, approved the request to rescind the award of the above referenced quotation due to your inability to perform due to the halt of asphalt production in September. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk What we do today makes a difference! CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk Board of Public Works FROM: Scott Kreeger, Project Engineer SUBJECT: Rescind Line Contract with ARS Project Name: Notre Dame Triangle Alley Paving Project No. 119-057R DATE: October 22, 2020 On September 22, 2020, the Board of Public Works opened and read bids for the above project. The bids were reviewed and Asphalt Restoration Services (ARS) was awarded the contract as the lowest responsive/responsible contractor during the October 13, 2020 Board of Public Works (BPW) meeting. During the October 16th Pre-Construction meeting, the City was informed by ARS the production of the asphalt emulsion mix stopped after September due to the low temperatures. On October 21st, the City extended the following three options to ARS: proceed as quoted with the October 31st completion date, receive a project extension of November 14, 2020, or reject the contract award. On October 22, 2020, ARS selected to reject the contract award. The quoters ranked as follows: Quoter Base Bid Amount Alternate #1 Amount 1. Walsh & Kelly, Inc.$39,475 NO BID 2.Asphalt Restoration Services NO BID $21,250.00 3. Rieth-Riley Construction Co., Inc.$39,847 $9,285.50* *Note: Alternate #1, Rieth-Riley Construction Co., Inc. provided unit pricing for materials and type of work different from the bid specifications. The product the bidder listed is not an equivalent to the desired work and was therefore not accepted as a bid alternate. In accordance with the election of the awarded bidder, Engineering requests rescinding the award to ARS and awarding to the next lowest responsive/responsible bidder, Walsh & Kelly, Inc., for the base quote amount of $39,475. Sufficient funds have been appropriated from Street Maintenance (266-06-602-436008). Pursuant to IC 36-1-12-18 (c), in cases of emergencies, a change order may be issued prior to commencement of the work. The lost time between the period of award and the original contractor’s election to reject the bid award; the need for the work to be completed prior to the What we do today makes a difference! onset of adverse weather conditions; and due to the limited timing of 2020 project funding, Engineering requests the Board to approve an emergency change order providing a 14-day time period for completion of the work to the next lowest responsive/ responsible bidder, Walsh & Kelly (the Board minutes memorializing the nature of the emergency). The contractor will receive the same number of days for completion of the work as was included in the original solicitation. The project completion date will be November 14, 2020. Please call with your questions (ext. 5998). Enc. Quote Tabulation and October 21, 2020 E-mail Conversation QUOTE TABULATIONNotre Dame Triangle Alley PavingProject No: 119‐057RFor Quotes Due: September 22, 2020Item No. Line Item Quantity UnitUnit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost1Milling, Up to 1.5"1,150SYD$1.35 $1,552.50 No Bid $11.00 $12,650.00 $9.50 $10,925.002HMA Surface, 9.5 mm – Type B166TONS$70.00 $11,620.00 No Bid $127.00 $21,082.00 $150.00 $24,900.003HMA for Patching10SYD$20.00 $200.00 No Bid $250.00 $2,500.00 $175.00 $1,750.004Tack Coat1TONS$10.00 $10.00 No Bid $465.00 $465.00 $150.00 $150.005Adjust Inlet to Grade7EA$350.00 $2,450.00 No Bid $450.00 $3,150.00 $250.00 $1,750.00Base Quote Total$15,832.50 $39,847.00 $39,475.00Item No. Line Item Quantity UnitUnit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost1Patch, Infrared, 5 ft. by 7 ft. by 2 in. depth30EA$185.00 $5,550.00 $200.00 $6,000.00 $182.00 $5,460.00 No Bid2Cracks in Asphalt Pavement, Fill430LFT$0.65 $279.50 $1.00 $430.00 $2.85 $1,225.50 No Bid3Asphalt Emulsion2,600SYD$5.00 $13,000.00 $5.70 $14,820.00 $1.00 $2,600.00 No BidAlternate #1 Total$18,829.50 $21,250.00 $9,285.50I hereby certify that the above truly and accurately represents quotes received for this project on September 22, 2020Scott Kreeger, Engineer IAsphalt Restoration ServicesWalsh & Kelly, Inc.Non-Collusion AffadavitYYEngineer's EstimateBase QuoteAlternate #1Engineer's EstimateAsphalt Restoration ServicesWalsh & Kelly, Inc.Rieth‐Riley Construction Co., Inc.Rieth‐Riley Construction Co., Inc.*YNote*: On Alternate #1, Rieth‐Riley Construction provided unit pricing for products differing from the quote specifications.S:\Public Works\Projects\Projects by Year\2019 Projects\119‐057R Notre Dame Triangle Alley Paving (Rebid)\1 ‐ Admin\1 ‐ BPW Documents\ND_Alley Tab From:Ars To:Scott Kreeger Subject:Re: ARS Contract Agreement - Notre Dame Triangle Alley Paving Date:Wednesday, October 21, 2020 10:05:31 PM I can not do what your asking in the alluded time. The temperatures for liquid road need to be no lower the 50 degrees at night and around 80 degrees during the day. Asphalt Restoration Services very much appreciates the opportunity, but we have no other choice but to rescind from this contract. We look forward to future projects with the city of South Bend. Thank you again and I’m sorry we couldn’t be of service at this time. Thank you, Jamie Brown On Oct 21, 2020, at 7:24 PM, Scott Kreeger <skreeger@southbendin.gov> wrote: Jamie, During the Notre Dame Triangle Alley Paving Pre-Construction meeting, it was brought to our attention ARS would not be able to meet the project completion date of October 31, 2020. It was the City’s intention to complete this project as soon as possible and before the new year as promised to the local community. After further review of the contract agreement, the City sees three options for ARS in regards to the awarded contract: 1. Proceed as quoted. For any work incomplete after October 31, 2020, $500 of liquidated damages will be assess for each calendar day until the work is completed. 2. The City can extend the contract completion date to November 14, 2020 in order to provide ARS additional days to complete the entirety of the project. Liquidated damages will be assessed after this date for any work incomplete. 3. ARS rescinds from the awarded contract agreement. No damages will be assessed. Please feel free to reach out to me via e-mail with any questions. Regards, Scott Kreeger Project Engineer (574) 235-9245 skreeger@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. 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BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/22/2020 Name Scott Kreeger Department Public Works BPW Date 10/27/2020 Phone Extension 9245 Required Prior to Submittal to Board BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing Michael Schmidt Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal 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 Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Rescind Contract Ease./Encroach Required Information Company or Vendor Name Asphalt Restoration Services New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Notre Dame Triangle Alley Paving Project Number 119-057R Funding Source Street Maintenance Account No. 266-06-602-436008 Amount Terms of Contract Unit Price Purpose/Description ______Rescind quote agreement___________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: