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Home My WebLink AboutOpening of Quotations - Century Center Vestibule Heater Replacement Proj No 117-044 - Herrman & Goetz IncC When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affrdai it. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is, a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility Version 10/18/2016 Page - 8 Public Works Quote status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I Version 10/18/2016 Page - 9 Public Works Quote understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 28th day of Nov. , 20 17 Herrman & Goety, Inc- Contractor/Bidder (Firm Sig atur of Con torBidder or Its Agent Larry Cripe, Power -of -Attorney Printed Name and Title Subscribed and sworn to before me this 28th day of Noveinber , 2017 My Commission Expires 7 / 13 / 2022 r ► s Notary Public Catherine J. Gruber County of Residence 5t. Joseph Version 10/18/2016 Page - 10 Public Works Quote rl� ■tea Y� 1 R 1 ' 1 r , _ I 1 yy,,�� ' 1'Y A Y 1 h 1 1 II _ —_ II _ _ _ �. Y-1■-- IFi ILI 1 1 ti 1 — 4; I I �I I Y i 1 • - II .1++II .■,11 I- 1'1 . 4 I J .. 3rIJ 1■'� �, II �7% �'II +'� If:F —_-�:.:t� I —' I — — -1:1= Mad lilt. 1 � ' F- Ir. _Wei 1� f 1 .e 1 II . — !F • _ -. • — — — III — 1 1 I'ii w 1 .'1 I If 1 1 . I J. VS d I I V. I ` l k 1 T I I POWER OF ATTORNEY I, Thomas J. Herrman, President and Resident Agent of an Indiana Corporation in good standing known as Herrman & Goetz, Inc., do hereby nominate and appoint Larry Cripe, an employee of said Corporation, who resides at 67950 Yankee Lane, Edwardsburg, Michigan to act as attorney -in -fact to do the following acts for me in my name, as President and Resident Agent. 1. To possess the full powers to execute and enter into all business related contracts on behalf of the Corporation, as any other authorized agent of said Corporation would have the ability to sign/execute, including myself. 2. The powers granted by this document shall begin on July 1, 2017 and conclude/expire on June 30, 2018 or to such other extended time as shall be. made by written faxed extension executed by me to this authorization. 3. The powers extended by this document may be filed for record in any public office as just circumstances might dictate and the original and all executed duplicates shall have equal force, validity and effect. I declare, as President and Resident Agent of Herrman & Goetz, Inc. that any lawful act or thing done under the powers granted by this Power of Attorney, shall be binding on the Corporation. IN WITNESS WHEREOF, 1, Thomas J. Herrman, President and Resident Agent of Herrman & Goetz, Inc. have signed this instrument on this the 23rd day of June, 2017. Thomas J. Herrman President and Resident Agent Herrman & Goetz, Inc. Subscribed and sworn to before me, a Notary Public, residing in St. Joseph County, State of Indiana, this the 23rd day of June, 2017 Catherine J. G uber Notary Public Residing in St. Joseph County, State of IN My Commission Expires 7/13/2022