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HomeMy WebLinkAboutOpening of Quotes- 2020 Tree Plantings Proj No. 120-003 - Douglas Landscape, Inc. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date07/28/2020 Department Engineering Name Alicia Czarnecki BPW Date08/25/2020 Phone Extension 5903 Review and Approval Required Prior to Submittal to Board Diversity Compliance Officer Name and Inclusion Officer BPWAttorney 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 TBD Yes If Yes, Approved by Purchasing New Vendor No MBE Yes MBE/WBE Contractor Completed E-Verify Form Attached WBE No Project Name 2020 Tree Plantings Project Number 120-003 Funding Source MVH Account No. 202-06-602-505-431000--PROJ00000181 Amount Terms of Contract Purpose/Description _Request for Quotes for 2020 Tree Plantings associated with the Curb & Sidewalk Program ________________ 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: SCOPE OF WORK CITY OF SOUTH BEND PROJECT NAME: 2020 Tree Plantings PROJECT NO. 120-003 QUOTES DUE August 25, 2020 at 9:30am Local Time electronic bids should be submitted to bpwbids@southbendin.gov I. PROJECT DESCRIPTION A. The project includes the furnishing of all equipment, material, insurance, and labor for planting trees within the right of way at various locations 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 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. 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 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. Worka 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 Department of Public Works, Division of Engineering. 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 IX. PROSECUTION AND PROGRESS A. Prevailing Specifications: 2020, INDOT Standard Specifications Sec. 108 B. Additions: 1. The project will have a completion date of November 15, 2020. The contract time will start when the Notice to Proceed is delivered and signed. 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. 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 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 C 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 th 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 nece evidence compliance with this provision. The Contractor shall promptly deliver such documents 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. Version 2/14/2020 Page - 3 Public Works Quote 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 Version 2/14/2020 Page - 4 Public Works Quote XV. OTHER UTILITIES A.Prevailing Specifications: None 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 Contractors 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. 2. The 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 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. 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 Engineer. The schedule of operations as reviewed by the Engineer 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 plant trees in the right of way at various locations within the City of South Bend. 2. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and . XVIII.TREE PLANTINGS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 622 B. Additions: 1. Trees shall be planted within tree lawns within the property lines of the residences listed in these specifications. 2. The Contractor shall obtain the following permits, at no charge, before beginning tree planting work at any site: a. Tree Permit from the City Forester, 321 East Walter Street b. Occupancy Permit from the Division of Engineering, Room 1316, County-City Building. The Occupancy Permit application shall include a traffic control plan Version 2/14/2020 Page - 5 Public Works Quote 3. with good horticultural practice and free of disease, insects, eggs, larvae, and defects such as knots, sun-scald, injuries, abrasions, and disfigurement. 4. The Owner reserves the right to inspect trees for size, quality, and condition of balls and root systems, insects, injuries, and latent defects, and to reject unsatisfactory or defective material at any time during the progress of the work. Rejected trees shall be immediately removed from the project site. 5. The Contractor shall notify the Engineer if any underground conditions are found that would be detrimental to plant growth, such as rubble fill, adverse drainage conditions, or obstructions. 6. Trees shall be delivered to the site after preparations for planting have been completed. 7. Trees shall be planted immediately after delivery. If planting is delayed more than 6 hours after delivery, set trees in shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap, or other acceptable means of retaining moisture. 8. Trees shall be planted in accordance with INDOT standard plan series 622-LSPL, with mulch covering root balls and watered for 30 consecutive days. 9. Contractor shall be responsible for coordinating with the City Forester on tree watering after new trees have been planted. Tree watering shall be completed by the City Forester after trees have been planted. 10. Contractor shall guarantee that trees, once planted, will leaf out and thrive for sixty (60) days beyond watering period. 11. The Contractor shall implement maintenance procedures in accordance with good horticultural practice for maintenance of landscape work for a period of six (6) months form date of project completion. Maintenance will not be paid for separately, but shall be included in the cost of tree installation. 12. Trees shall be inspected and approved by a Licensed Arborist registered with the South Bend Board of Park Commissioners prior to installation. A list of current Licensed Arborists is attached as an appendix to these specifications. 13. Trees shall be balled and burlapped. After placing some backfill around root ball to stabilize plant, carefully cut and remove burlap, rope, wire baskets form tops of root balls and from sides, but do not remove from under root balls. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 14. Provide for a minimum of 0.5 cubic yards of shredded bark mulch per tree planting, or as recommended by landscape firm supplier and approved by Engineer. 15. The following species of trees are approved for planting by the City of South Bend Forester. The Contractor shall provide a list of three (3) species from this list that will be provided under contract. a. Bald cypress - Shawnee Brave b. Yellowwood c. Kentucky Coffee Tree Espresso d. Planetree Bloodgood London e. Sweetgum Gold Dust f. Black gum / Black Tupelo Red Rage 16. 17. Payment for tree installation shall be made at the Unit Prices for the various items bid in the Proposal as follows: Plant, Deciduous, Single Stem, 2 in. to 2.5 in. Version 2/14/2020 Page - 6 Public Works Quote XIX.PLANTING SCHEDULE Tree No. Address 1017 Oak 1 1017 Oak 2 1721 Elwood 3 4 1336 E. Fox 3101 Vine 5 3101 Vine 6 936 S 31st 7 930 S 31st 8 930 S 31st 9 926 S 31st 10 916 S 31st 11 636 N St. Louis 12 636 N St. Louis 13 702 N St. Louis 14 702 N St. Louis 15 706 N St. Louis 16 706 N St. Louis 17 720/726 N St. Louis 18 720/726 N St. Louis 19 720/726 N St. Louis 20 720/726 N St. Louis 21 701 N St. Louis 22 701 N St. Louis 23 713 N St. Louis 24 713 N St. Louis 25 715 N St. Louis 26 721 N St. Louis 27 725 N St. Louis 28 29 111 E. Fairview 124 E. Fairview 30 128 E. Fairview 31 225 E. Fairview 32 229 E. Fairview 33 636 E. Irvington 34 621 E. Irvington 35 606 E. Irvington 36 606 E. Irvington 37 518 E. Irvington 38 401 E. Irvington 39 205 E. Irvington 40 201 E. Irvington 41 136 E. Irvington 42 136 E. Irvington 43 136 E. Irvington 44 136 E. Irvington 45 128 E. Irvington 46 1002 E. Victoria 47 1022 E. Victoria 48 4106 Huron 49 602 S Albert 50 602 S Albert 51 606 S Albert 52 610 S Albert 53 Version 2/14/2020 Page - 7 Public Works Quote CITY OF SOUTH BEND, INDIANA QUOTE FOR PUBLIC WORK PROJECT NAME: 2020 Tree Plantings PROJECT NO. 120-003 QUOTES DUE August 25, 2020 at 9:30am Local Time electronic bids should be submitted to bpwbids@southbendin.gov (Must be completed for all quotes. Please type or print) Date: Firm: Address: City/State/Zip: Telephone Number: ( ) Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: the City of South Bend, Indiana, in accordance with plans and specifications prepared by: The City of South Bend, Department of Public Works and dated for the sum of (enter the Total Quote as shown on the Proposal) ($ ) (Enter Sum of Total Quote plus Alternates shown on Proposal) (Numerical) If alternative quotes apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the quote is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. By (Signature) (Printed Name of Person Signing) ACCEPTANCE The above quote is accepted this day of 20 Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese J. Dorau, Member Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member Attest: Linda M. Martin, Clerk Version 2/14/2020 Page - 8 Public Works Quote When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. 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 ___________ ) ) 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. 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 Version 2/14/2020 Page - 9 Public Works Quote alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of ployees through the E-Verify Program as defined by I.C. 22-5-1.7-3. ocumentation 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, firms, 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, participation by those subcontractors certified by the State of Indiana as a Minority Business responsible, responsive bidder. Contractors seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however, they may not unlawfully discriminate against said MBE/WBE. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor 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 to 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 Version 2/14/2020 Page - 10 Public Works Quote products or foundry products made in the United States on this project if awarded. I 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 day of , 20__ Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this day of , 20 My Commission Expires Notary Public County of Residence Version 2/14/2020 Page - 11 Public Works Quote QUOTE/PROPOSAL CITY OF SOUTH BEND 2020 Tree Plantings PROJECT NAME 120-003 PROJECT NO. August 25, 2020 at 9:30am Local Time electronic bids QUOTES DUE should be submitted to bpwbids@southbendin.gov Item No. Description Quantity Unit Unit Price Total Amount Plant, Deciduous, Single Stem, 2 153 EA $ in. to 2.5 in. Total Amount of Quote $ Firm: Address: City/State/Zip: Telephone Number: ( ) Fax Number: ( ) By (Signature) (Printed Name of Person Signing) Version 2/14/2020 Page - 12 Public Works Quote