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HomeMy WebLinkAboutRejection of Bids & Request to Advertise - 905, 907, 909 Michigan Demolition Proj No. 120-063  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 20, 2021 Mr. Michael Brough Green Demolition Contractors, Inc. 523 Northbrook Dr. Michigan City, IN 46360 laura@greendemolitioninc.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Mr. Brough: It has come to my attention that a signature was included in error on your documentation from the May 11, 2021 Board of Public Works meeting. I have updated the attached documentation to remove Board Member Jordan Gather’s signature. Mr. Gathers was not present at the time this item was voted on; therefore, his signature should not have been included. I apologize for this administrative oversight. Please update your records accordingly and feel free to call me with any questions at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 20, 2021 Ms. Rachelle L. Dolniak Ritschard Brothers, Inc. 1204 W. Sample St. South Bend, IN 46619 rit1204@datacruz.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Ms. Dolniak: It has come to my attention that a signature was included in error on your documentation from the May 11, 2021 Board of Public Works meeting. I have updated the attached documentation to remove Board Member Jordan Gather’s signature. Mr. Gathers was not present at the time this item was voted on; therefore, his signature should not have been included. I apologize for this administrative oversight. Please update your records accordingly and feel free to call me with any questions at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 20, 2021 Mr. Mark Osler Indiana Earth, Inc. 10343 McKinley Hwy. Osceola, IN 46561 jimmyindianaearth@yahoo.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Mr. Osler: It has come to my attention that a signature was included in error on your documentation from the May 11, 2021 Board of Public Works meeting. I have updated the attached documentation to remove Board Member Jordan Gather’s signature. Mr. Gathers was not present at the time this item was voted on; therefore, his signature should not have been included. I apologize for this administrative oversight. Please update your records accordingly and feel free to call me with any questions at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 11, 2021 Mr. Michael Brough Green Demolition Contractors, Inc. 523 Northbrook Dr. Michigan City, IN 46360 laura@greendemolitioninc.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Mr. Brough: At its May 11, 2021 meeting, the Board of Public Works approved the rejection of all bids for the above referenced project due to MWBE non-compliance. This project will be re-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, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 11, 2021 Ms. Rachelle L. Dolniak Ritschard Brothers, Inc. 1204 W. Sample St. South Bend, IN 46619 rit1204@datacruz.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Ms. Dolniak: At its May 11, 2021 meeting, the Board of Public Works approved the rejection of all bids for the above referenced project due to MWBE non-compliance. This project will be re-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, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 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 May 11, 2021 Mr. Mark Osler Indiana Earth, Inc. 10343 McKinley Hwy. Osceola, IN 46561 jimmyindianaearth@yahoo.com RE: Rejection of Bids – 905, 907, 909 Michigan Demolition – Project No. 120-063 Dear Mr. Osler: At its May 11, 2021 meeting, the Board of Public Works approved the rejection of all bids for the above referenced project due to MWBE non-compliance. This project will be re-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, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh Page 1 of 2 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Anne Fuchs, Clerk Board of Public Works FROM: Zach Hurst, Project Engineer SUBJECT: Reject Bids - Project No. 119-084B 905-907-909 Michigan Demolition DATE: May 3, 2021 On April 13, 2021, the Board of Public Works opened and read bids for the above project. The bids are summarized as follows: Bidder Base Bid Allowance Item 1 Allowance Item 2 Allowance Item 3 Green Demolition Contractors, Inc. $182,000.00 $75.00 $30.00 $82.00 Ritschard Brothers, Inc. $194,150.00 $100.00 $30.00 $85.00 Indiana Earth, Inc. $200,600.00 $65.00 $30.00 $83.00 • Allowance Item 1 is Contaminated Soil Removal and Disposal, paid per ton. • Allowance Item 2 is Asbestos Containing Thermal System Pipe Insulation Removal and Disposal, paid per linear foot. • Allowance Item 3 is Masonry Brick Repair, paid per square foot. Upon review of the bid packages, all bids must be rejected as non-responsive. An explanation for each bid follows: • Green Demolition Contractors was able to meet the WBE goal (4.7%); however, Green Demolition Contractors listed Laborers’ Local 645 as the entry to meet the MBE goal (1.4%). o Laborers’ Local 645 does not meet the definition of a Minority-Owned Business Enterprise:  Minority-Owned Business Enterprise (MBE) means a sole proprietorship, partnership, corporation, limited liability company, Joint Venture or any other business or professional entity • Which is at least 51% owned by one or more minority individuals, or in the case of a publicly owned business, at least 51% of all classes of the stock of which is owned by one or more minority individuals; • Whose management, policies, major decisions and daily business operations are independently managed and controlled by one or Page 2 of 2 more such more minority individuals; •For which minority individuals have an interest in the capital, assets, and profits and losses of the business proportionate to the percentage of ownership; and •Which has obtained certification as a MBE from a recognized certifying agency. •Ritschard Brothers was able to meet the WBE goal, as Ritschard Brothers is a registered woman-owned business entity. They did not list any entries for the MBE goal, nor was the Good Faith Efforts form filled out o Not meeting the MBE goal, nor providing any evidence of Good Faith Efforts to do so, is grounds for bid rejection •Indiana Earth listed the same entry for both MBE and WBE goals: State Barricade, which is a registered woman-owned business entity. Indiana Earth did not meet the required WBE goal, nor did they provide any evidence of Good Faith Efforts to meet either the MBE or WBE goal o Not meeting the WBE or MBE goals, nor providing any evidence of Good Faith Efforts to do so, is grounds for bid rejection Copies of the MWBE paperwork from each bidder is enclosed, as is correspondence from Larry King with Office of Diversity and Inclusion and the bidders, inquiring about Good Faith Efforts. I recommend all three bids be rejected, and the project be re-advertised as soon as possible. From:Larry King To:Zach Hurst; Kara Boyles; Eric Horvath; Clara McDaniels Cc:Jenna Throw Subject:FW: 905-907-909 Michigan Local 645 Documentation Date:Tuesday, April 20, 2021 9:39:53 AM Attachments:image001.png Attached Image.msg 1897_001.pdf 1897_001.pdf 1897_001.pdf Good Morning, Please read the response from Green Demolition below regarding Local 645 Workers to meet MBE goal. Murray Miller is stating the attached documents justify the labor force availability to meet project goals. Please advise, Larry King Contract Compliance Administrator City of South Bend Office of the Mayor Phone: (574) 235-7575 Cell: (574) 274-6246 lking@southbendin.gov 319 N. Niles Ave. South Bend, IN 46617 www.southbendin.gov From: Laura Hayes <laura@greendemolitioninc.com> Sent: Monday, April 19, 2021 5:18 PM To: Larry King <lking@southbendin.gov> Subject: 905-907-909 Michigan Local 645 Documentation Mr. King: Please see the attached from Mr. Miller at Local 645. Mr. Miller will work along with Green Demolition in accommodating the workforce needed to complete the project. Thank you, Laura Hayes Green Demolition Contractorsd 773-475-4045 From: r <millsbi@aol.com> Sent: Monday, April 19, 2021 1:58 PM To: Laura Hayes <laura@greendemolitioninc.com> Subject: Good afternoon Laura I' am sending you the paper work you request for the city of South Bend Murray Miller Laborers Local 645 23698 Western Avenue South Bend Indiana 46619 P 574-287-2967 F 574-287-2968 From:Larry King To:Clara McDaniels; Kara Boyles; Eric Horvath; Zach Hurst Cc:Jenna Throw Subject:FW: Michigan Demolition Project Date:Monday, May 3, 2021 11:37:46 AM Attachments:image001.jpg Good Morning, I received feedback from Jimmy Kabel, an estimator for Indiana Earth, regarding MWBE and MBE utilization for the Michigan St. demolition project. I also spoke with Jimmy regarding sub-contracting efforts with certified MBE. Jimmy stated he checked for MBE availability on the IDOA website, and Indiana Earth would provide trucking services, and the company would haul material (self- contractor). My response-we must follow MBE, MWBE utilization plan, and individual goals setting measures. Larry King Contract Compliance Administrator City of South Bend Office of the Mayor Phone: (574) 235-7575 Cell: (574) 274-6246 lking@southbendin.gov 319 N. Niles Ave. South Bend, IN 46617 www.southbendin.gov From: Jimmy Kabel <jimmyindianaearth@yahoo.com> Sent: Monday, May 3, 2021 10:48 AM To: Larry King <lking@southbendin.gov> Subject: Re: Michigan Demolition Project Hi Larry, I reviewed the excel sheet that the State of Indiana provides that shows who is a certified WBE/MBE contractor. I could not find any other contractors that fit what I needed as subs other than State Barricade. If there are other resources other than what the State of Indiana website offers I would like to know. Thank you very much. Jimmy Kabel Estimator 574-674-6488 Indiana Earth, INC 10343 McKinley Hwy Osceola, IN 46561 On Wednesday, April 28, 2021, 5:20:30 PM EDT, Larry King <lking@southbendin.gov> wrote: Jimmy, My name is Larry King-Contract Compliance Administrator with the City of South Bend. I am reaching out to you regarding a bid on the Michigan Demolition project. The other two contractors were unable to meet bid requirements. Therefore we are reaching out to you. Indiana Earth has met the MWBE Utilization goal of 4.7%, but your MBE Utilization goal is 1.4% with State Barricading, not MBE certified but only WBE and DBE. Can you verify if you have contacted other MBE’s for subcontracting opportunities for this project? Please provide the name of the company, date reached, and method of contact. Thank you, Larry King Contract Compliance Administrator City of South Bend Office of the Mayor Phone: (574) 235-7575 Cell: (574) 274-6246 lking@southbendin.gov 319 N. Niles Ave. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/05/2021 Name Zach Hurst Department DPW BPW Date 05/11/2021 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Larry King BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Jenna Throw 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 905-907-909 Michigan Demolition Project Number 120-063 Funding Source COIT Account No. PR-00008115 Amount Terms of Contract Purpose/Description Reject all bids due to non-compliance with City MWBE ordinance. 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: