HomeMy WebLinkAboutOpening of Quotes - Charles Martin Parking Lot Proj No. 120-051R - Rieth-Riley Construction Co., Inc.BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 03/16/2021
Name Zach Hurst Department DPW
BPW Date 03/23/2021 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
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: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Charles Martin Parking Lot
Project Number 120-051R
Funding Source RWDA TIF
Account No.PR-00003785
Amount
Terms of Contract Lump Sum
Purpose/Description Quote request for a mill-and-fill project at the Charles Martin Youth Center
parking lots.
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:
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SCOPE OF WORK
CITY OF SOUTH BEND
PROJECT NAME: Charles Martin Parking Lot
PROJECT NO. 120-0515
QUOTES DUE Tuesday,0DUFK
UG, 9:0am (local time) to
bpwbids@southbendin.gov
I. PROJECT DESCRIPTION
A. The project includes the furnishing of all equipment, material, insurance, and labor for a 1.5” mill-and-
fill pavement rehabilitation project at the Charles Martin Youth Center, located at 802 Lincoln
Way West within the City of South Bend, IN.
II. PREVAILING SPECIFCIATIONS AND 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,
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or because of arising out of any defect in the goods, materials or equipment supplied by the Quote
provider.
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 Engineer, where
mentioned in these documents, is the City of South Bend.
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 -XO\
QG, 202. The contract time will start whenthe
Notice to Proceed is delivered and signed.
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2. The City, Engineer, 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.
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.
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XII. LIQUIDATED DAMAGES
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 ($500.00) 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 Engineer/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
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B. Additions:
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 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 Engineer 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.
3. 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 Engineer. The schedule of operations as
reviewed by the Engineer shall be maintained at all times.
4. 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 perform the following:
a. Mill 1.5” of asphalt over the entire surface of the parking lots and access drive:
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(i) Quote shall include cost to adjust any rim elevations at any existing drainage structures,
as needed, to ensure positive drainage to all existing drainage structures
b. Quote should include any necessary patching after the milling operation is complete
(i) Assume 10% of the parking areas will need further patching
c. Place a tack coat between old and new asphalt as per City and INDOT standards
(i) Include tack coat for any patching areas as well
d. Place a 1.5” lift of surface asphalt, adhering to City and INDOT standards for hot mix asphalt
(non QA/QC)
e. Re-stripe parking areas, including handicapped spots and gore areas as necessary
(i) Site visit with Building Manager will be coordinated with winning quote to determine final
striping layout
2. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor’s operations.
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XVIII. PLANS
A. Prevailing Specifications: City of South Bend CONSTRUCTION STANDARDS AND SPECIFICATIONS
B. Additions:
1. The work shall conform to the plans.
2. The drawings are schematic in nature.
3. The CONTRACTOR is responsible for estimating dimensions and quantities of materials.
4. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern.