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HomeMy WebLinkAboutOpening of Quotes & Award -SRTS Our Lady of Hungary Tree Removal Proj No. 122-007B - KC Tree, Inc.I om5""- PROJECTNAME: CITY OF SOUTH BEND, INDIANACONTRACTOR'S QUOTE FOR PUBLIC WORK SRTS Our Lady of Hungary Tree Removal PROJECT NO. 122-007B QUOTES DUE February 13", 2024 by 9:30 am. Electronic quotes are to be delivered via email to bpwbids(Zsouthbendin.gov r� �1 Must be completed for all quotes. Please type or print) Date: OtG Firm: Owe 1�(C —i—su e Address: 9913 C{s xltl6wd�44 r' Zeq City/State/Zip: 5%;F. uTTelephone Number: r Iryr5i7r �77 ' 7�- - Agent of Bidder (if Applicable): r-r awiw P.t t rfi( C pQ PfA Q=+ Pursuant to notices given, the undersigned offer o f mish labor r /or m en I necessary to complete the public works pr9ect of: I I n A r-7 I/ the City of South Bend, Indiana, in accordance with plans/and s(3ecifications prepared by: The city of South Bend, Department of Public Works and dated / Z ZOO for the sum of (enter the Total Quote as shown on the Proposal) `kk t hTwt'7i s3!q so 0 ) (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 AKA —,(Si ature) /Gn5wat-e 1rr�r — 4 �r t m aeof Person sin g) The above quote is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member ACCEPTANCE day of 20 Joseph R. Molnar, Vice President Breana N. Micou, Member Attest: Theresa Heffner, Clerk Version 9/29/2021 Page - 8 Public Works Quote IV. V. o45pUTH dF�d '. SCOPE OF WORK CITY OF SOUTH BEND IBti5 PROJECT NAME: SRTS Our Lady of Hungary Tree Removal PROJECT NO. 122-007B QUOTES DUE February 131, 2024 by 9:30 am. Electronic quotes are to be delivered via email to bpwbids(ftouthbendin.gov A. The project includes the furnishing of all equipment, material, insurance, and labor for tree removal within the City of South Bend, IN. PREVAILING SPECIFICATIONS 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 2022 INDOT Standard Specifications for the letting effective after September 1, 2021. 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. 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. 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. 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 9/29/2021 Page - 1 Public Works Quote VI. INSURANCE A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103 B. Additions: 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: 2022, 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: 2022, 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 City of South Bend Public Works staff. 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: 2022, INDOT Standard Specifications Sec. 108 B. Additions: 1. The project will have a completion date of March 12, 2024. 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. Version 9/29/2021 Page - 2 Public Works Quote 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: 2022, 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: 2022, 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. XII. LIQUIDATED DAMAGES Version 9/29/2021 Page - 3 Public Works Quote A. Prevailing Specifications: 2022, IN DOT 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: 2022, IN DOT 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 B. Additions: Version 9/29/2021 Page - 4 Public Works Quote I . 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.indiana8li.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: 2022, 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 attached "Traffic Closure Request" form is to be used for any lane restrictions or closures and 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 the removal of trees within the public right of way at various locations within the City of South Bend. 2. The tree removals done as part of this project are intended to facilitate curb and sidewalk replacement work to be done by the city of South Bend Department of Public Works, Streets Division. The contractor shall coordinate the schedule for each tree removal with the Streets Division. 3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor's operations. XVIII. TREE REMOVALS A. Prevailing Specifications: 2022, INDOT Standard Specifications Sections 201, 211, and 621 B. Additions: 1. All work on trees in City right of way shall be done by a Licensed Arborist registered with the South Bend Board of Park Commissioners. Any subcontractor must comply with all requirements of the Prevailing Specifications, General Conditions, and Special Provisions for this work. Version 9/29/2021 Page - 5 Public Works Quote 2. The Contractor shall obtain the following permits before beginning Tree Removal work at any site. The Contractor must note that the permits are being submitted as part of this City project to have permit fees waived by the City. a. Tree Permit from the City Forester, 321 East Walter Street b. Occupancy Permitfrom the Division of Engineering, Room 1316, County -City Building (for right Of way occupancy lasting two (2) hours or longer). The Occupancy Permit application shall include a traffic control plan. (i) Note: Occupancy Bond is required for Occupancy Permit. 3. The Contractor shall take diligent care to protect the public, the workers, streets, sidewalks, and adjacent public and private property from the hazards of tree removal operations. 4. Trees to be removed and all their debris shall be completely removed from the site daily. No piles of debris are allowed to sit on site after work is completed daily. No fires or burning will be allowed. The debris shall be removed in accordance with all applicable Federal, State, and local laws and ordinances to a facility licensed to receive such waste. The Contractor shall inform the Engineer of the name of the facility receiving the waste. Items of salvageable value to the Contractor, such as firewood or kindling, must be removed from the site as the work progresses. Storage or sale on the site will not be permitted. The Contractor may choose to sell or provide firewood, kindling, or mulch gratis to the adjacent homeowner or a neighbor. All such salvaged materials must be removed to the receiver's premises as the work progresses in compliance with all laws, statutes, and ordinances regulating such transactions including transportation, zoning, and storage. 5. The tree removals within this contract correspond with sidewalk replacement being completed in 2024 Public Works projects. 6. The bid price for removal of any size tree shall not include removal of its stump and roots. The stump shall be left in place to match the surrounding grade. Pay Item Diameters are defined as follows: Measured DBH Pa Item Diameter Oto18in. 18in Over 18 to 24 in. 24 in. Over 24 to 36 in. 30 in. Over 36 to 48 in. 48 in. 8. Tree diameters shall be confirmed prior to removal. All trees shall be marked for removal and measured with a representative from the City of South Bend Engineering Division on site. The City will not pay for any trees measured and removed without the on -site approval of the Engineer. 9. Payment for all labor, materials, equipment, and associated incidentals for tree removals shall be made at the Unit Prices for the various items bid in the Proposal as follows: REMOVAL, TREE, 18-INCH ............................EA REMOVAL, TREE, 24-INCH ............................EA REMOVAL, TREE, 30-INCH ............................EA REMOVAL, TREE, 48-INCH ............................EA XIX. TREE LOCATIONS A. Contractor shall verify locations with City representative on site before removing any trees. B. Locations of trees included in this quote are as follows: Version 9/2912021 Page - 6 Public Works Quote Sefttrt'S;, •` "`1tltPlltl4'P'_Y . ',_ lea #toLTi.il13¥4'tPf 1923 S Taylor St 2 25" , 22" 24",24" 2003 Kendall St 1 21" 24" 2026 Kendall St 1 18" 18" 2108 Kendall St 1 29" 30" 1919 Kendall St 1 23" 24" 2202 Chapin 3 26" , 40" , 35" 30",48",30" 2017 Chapin St 1 32" 30" 2013 Chapin St 2 20" , 23" 24",24" 2211 Catalpa (just south of property line 1 35" 30" 2201 Catalpa 1 46" 48" 2202 Catalpa 1 28.5" 30" 2210 Catalpa 1 16" 18" 2009 Catalpa 1 26" 30" 2002 Catalpa 1 35" 30" 911 W Calvert 1 28" 30" 914 W Calvert St 2 28" , 31" 30",30" Version 9/29/2021 Page - 7 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. 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 ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms tinder 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 -rime. 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 r' n t s uo e Version 9/29/2021 Page - 9 Public Wo alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility 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, 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, its agencies, boards, or commissions will consider the Contractor's good faith efforts to obtain participation by those subcontractors 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. Contractors seeking the award of a City contract cannot be required to award a subcontract to am 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 Public ill uss Quote Version 9/29/2021 Page - 10 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 1 day of�0j _ kC 1 /Mc Contractor/Bidder (Firm) SAgnatike of C tractorBidder or Its Agent Krl!A t K( I, PrintedNIIune atiLTTitld Subscribed and sworn to before me this day f , 201c-I My Commission Expires TVtiry Publi County of Residence LISA NOEL KEIGLEY o�•"• �8� Notary Public, State of Indiana `�jSEAQ0=- St. Joseph County * = Commission 8 704538 /�Hp..... 'ANP` My Commission Expires August 24, 2025 Version 9/2912021 Page - 11 Public Works Quote QUOTE/PROPOSAL CITY OF SOUTH BEND PROJECT NAME SRTS Our Lady of Hungary Tree Removal PROJECT NO. 122-007B February 13"' , 2024 by 9:30 am. Electronic quotes are to be QUOTES DUE delivered via email to bpwbids(a)southbendin.gov Item No. Description QuantityUnit Unit Price Total Amount REMOVAL, TREE, 18-IN 2 EA sD $II _/-111 " 1 `(JV REMOVAL, TREE, 24-IN 6 EA $ 2 ��� +Qv 3 REMOVAL, TREE, 30-IN 11 EA I D $ +pD REMOVAL, TREE, 48-IN 2 EA � $ 6fl 4 Total Amount of Quote $ Firm: Address: O l l 1 VI r_ ) City/State/Zip: �( � It; V YU55? Telephone Number: Fax Number: QI Version 9/29/2021 Page - 12 Public Works Quote KC ' 574-674-7722 RECIPIENT: KC Tree Inc 8913 East U.S. HWY 20 1 New Carlisle, IN 46552 574.674.7722 1 https://www.kctree.com/ Gemma Stanton Our Lady of Hungary Neighborhood South Bend, In 46613 Phone: 574-235-9083 • Sent on 01 /26/2024 Product/Service• Tree Removal 18" tree cut down, grind brush, haul wood away, 2 $800.00 $1,600.00 leave stump cut down low. Tree Removal 24" tree, cut down, grind brush, haul wood away, 6 $1,000.00 $6,000.00 leave stump cut down low. Tree Removal 30" tree, cut down , grind brush, haul wood away, 11 $1,900.00 $20,900.00 leave stump cut down low Tree Removal 48" tree, cut down, grind brush, haul wood away, 2 $3,000.00 $6,000.00 leave stump cut down low. Total $34,500.00 We look forward to doing business with you! Kannon Keigley Quote is valid for the next 10 days, after, may be subject to change. I hereby agree to the above terms and conditions of the contract and agree to 1 1 /2% (18%) service charge and any legal fees involved in collecting late payments. Signature Date BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: Name 1 /25/2024 Gemma Stanton Department of Public Works — Engineering Division BPW Date: February 131h, 2024 Phone Extension: 9083 Required Prior to Submittal to Board 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 n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of ❑ Previous Amount Current Percent of Change New Amount uired Information ❑ Yes❑ If Yes, Approved by Purchasing ❑ No E] MBE Yes ❑ WBE Completed E-Verify Form Attached ❑❑ No Safe Routes to School — Our Lady of Hungary Neighborhood Tree Removal 122-007B PR-00030699 324-10-102-121-442001—PROJ00000339 Request to Open/Award at same meeting. Contractor quote for Tree Removal to facilitate Safe Routes to School project in the area. Increase Decrease Increase % Decrease ( %) Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: � 4SpUTH 8��� SCOPE OF WORK PEA CE CITY OF SOUTH BEND x x 1865 PROJECT NAME: SRTS Our Lady of Hungary Tree Removal PROJECT NO. 122-007B QUOTES DUE February 13t", 2024 by 9:30 am. Electronic quotes are to be delivered via email to bpwbids(a)-southbend in.gov PROJECT DESCRIPTION A. The project includes the furnishing of all equipment, material, insurance, and labor for tree removal within the City of South Bend, IN. PREVAILING SPECIFICATIONS 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 2022 INDOT Standard Specifications for the letting effective after September 1, 2021. 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, or because of arising out of any defect in the goods, materials or equipment supplied by the Quote provider. Version 9/29/2021 Page - 1 Public Works Quote VI. INSURANCE A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103 B. Additions: 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: 2022, 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. Vill. LEGAL RELATIONS A. Prevailing Specifications: 2022, 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 City of South Bend Public Works staff. 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: 2022, INDOT Standard Specifications Sec. 108 B. Additions: The project will have a completion date of March 12, 2024. The contract time will start when the Notice to Proceed is delivered and signed. 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. Version 9/29/2021 Page - 2 Public Works Quote 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: 2022, 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: 2022, INDOT Standard Specifications Section 108 B. Additions: 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. 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. 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. XII. LIQUIDATED DAMAGES Version 9/29/2021 Page - 3 Public Works Quote A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 B. Additions: 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. 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. 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: 2022, 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 B. Additions: Version 9/29/2021 Page - 4 Public Works Quote 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.indiana8ll.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: 2022, 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 attached "Traffic Closure Request" form is to be used for any lane restrictions or closures and 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 the removal of trees within the public right of way at various locations within the City of South Bend. 2. The tree removals done as part of this project are intended to facilitate curb and sidewalk replacement work to be done by the City of South Bend Department of Public Works, Streets Division. The contractor shall coordinate the schedule for each tree removal with the Streets Division. 3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor's operations. XVIII. TREE REMOVALS A. Prevailing Specifications: 2022, INDOT Standard Specifications Sections 201, 211, and 621 B. Additions: 1. All work on trees in City right of way shall be done by a Licensed Arborist registered with the South Bend Board of Park Commissioners. Any subcontractor must comply with all requirements of the Prevailing Specifications, General Conditions, and Special Provisions for this work. Version 9/29/2021 Page - 5 Public Works Quote The Contractor shall obtain the following permits before beginning Tree Removal work at any site. The Contractor must note that the permits are being submitted as part of this City project to have permit fees waived by the City. a. Tree Permit from the City Forester, 321 East Walter Street b. Occupancy Permit from the Division of Engineering, Room 1316, County -City Building (for right of way occupancy lasting two (2) hours or longer). The Occupancy Permit application shall include a traffic control plan. (i) Note: Occupancy Bond is required for Occupancy Permit. 3. The Contractor shall take diligent care to protect the public, the workers, streets, sidewalks, and adjacent public and private property from the hazards of tree removal operations. 4. Trees to be removed and all their debris shall be completely removed from the site daily. No piles of debris are allowed to sit on site after work is completed daily. No fires or burning will be allowed. The debris shall be removed in accordance with all applicable Federal, State, and local laws and ordinances to a facility licensed to receive such waste. The Contractor shall inform the Engineer of the name of the facility receiving the waste. Items of salvageable value to the Contractor, such as firewood or kindling, must be removed from the site as the work progresses. Storage or sale on the site will not be permitted. The Contractor may choose to sell or provide firewood, kindling, or mulch gratis to the adjacent homeowner or a neighbor. All such salvaged materials must be removed to the receiver's premises as the work progresses in compliance with all laws, statutes, and ordinances regulating such transactions including transportation, zoning, and storage. 5. The tree removals within this contract correspond with sidewalk replacement being completed in 2024 Public Works projects. 6. The bid price for removal of any size tree shall not include removal of its stump and roots. The stump shall be left in place to match the surrounding grade. Pay Item Diameters are defined as follows: Measured DBH Pay Item Diameter 0 to 18 in. 18 in Over 18 to 24 in. 24 in. Over 24 to 36 in. 30 in. Over 36 to 48 in. 48 in. 8. Tree diameters shall be confirmed prior to removal. All trees shall be marked for removal and measured with a representative from the City of South Bend Engineering Division on site. The City will not pay for any trees measured and removed without the on -site approval of the Engineer. 9. Payment for all labor, materials, equipment, and associated incidentals for tree removals shall be made at the Unit Prices for the various items bid in the Proposal as follows: REMOVAL, TREE, 18-INCH ............................EA REMOVAL, TREE, 24-INCH ............................EA REMOVAL, TREE, 30-INCH ............................EA REMOVAL, TREE, 48-INCH ............................EA XIX. TREE LOCATIONS A. Contractor shall verify locations with City representative on site before removing any trees. B. Locations of trees included in this quote are as follows: Version 9/29/2021 Page - 6 Public Works Quote Address Number DBH Pay Item Diameter 1923 S Taylor St 2 25" , 22" 24",24" 2003 Kendall St 1 21" 24" 2026 Kendall St 1 18" 18" 2108 Kendall St 1 29" 30" 1919 Kendall St 1 23" 24" 2202 Chapin 3 26" , 40" , 35" 3011,48",3011 2017 Chapin St 1 32" 30" 2013 Chapin St 2 20" , 23" 24",24" 2211 Catalpa (just south of property line 1 35" 30" 2201 Catalpa 1 46" 48" 2202 Catalpa 1 28.5" 30" 2210 Catalpa 1 16" 18" 2009 Catalpa 1 26" 30" 2002 Catalpa 1 35" 30" 911 W Calvert 1 28" 30" 914 W Calvert St 2 28" , 31" 301153011 Total 21 Version 9/29/2021 Page - 7 Public Works Quote � 4SpUTH 8��d r� CITY OF SOUTH BEND, INDIANA CONTRACTOR'S QUOTE FOR PUBLIC WORK`\PFAcr { x x 1865 PROJECT NAME: PROJECT NO. QUOTES DUE Date: Address: City/State/Zip: SRTS Our Lady of Hungary Tree Removal 122-007B February 13t", 2024 by 9:30 am. Electronic quotes are to be delivered via email to bpwbids(a)-southbend in.gov (Must be completed for all quotes. Please type or print) Firm: 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. The above quote is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Version 9/29/2021 By ACCEPTANCE day of (Signature) (Printed Name of Person Signing) 20 Joseph R. Molnar, Vice President Breana N. Micou, Member Attest: Theresa Heffner, Clerk 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. 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 STATE OF (Must be completed for all quotes and bids. Please type or print) 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 Version 9/29/2021 Page - 9 Public Works Quote alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility 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, 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, its agencies, boards, or commissions will consider the Contractor's good faith efforts to obtain participation by those subcontractors 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. 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 9/29/2021 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 County of Residence Notary Public Version 9/29/2021 Page - 11 Public Works Quote QUOTE/PROPOSAL CITY OF SOUTH BEND PROJECT NAME SRTS Our Lady of Hungary Tree Removal PROJECT NO. 122-007B 4SpQTH 8��� U c7 w a x\ PF.ACF. x x 1865 February 13t" , 2024 by 9:30 am. Electronic quotes are to be QUOTES DUE delivered via email to bpwbids(a-_)southbendin.gov Item No. Description Quantity Unit Unit Price Total Amount REMOVAL, TREE, 18-IN 2 EA 1 $ REMOVAL, TREE, 24-IN 6 EA 2 $ REMOVAL, TREE, 30-IN 11 EA 3 $ REMOVAL, TREE, 48-IN 2 EA 4 $ Total Amount of Quote $ Firm: Address: City/State/Zip: Telephone Number: Fax Number: By (Signature) (Printed Name of Person Signing) Version 9/29/2021 Page - 12 Public Works Quote From: Gemma Stanton To: Gemma Stanton Bcc: Kevin Kenney _(treecutterkev(obyahoo.com); kannon(obkc-tree.com; kannon(cbkctree.com; manfire2ftaol.com; oilbertomiramontes(c�att.net; Veracruz24265(caamail.com Subject: Tree Removal Quote Date: Wednesday, January 24, 2024 4:34:00 PM Attachments: imaae001.pnno 122-007B SRTS Our Lady of Hungary Tree Removal.Ddf Good afternoon, I am soliciting quotes for the attached tree removal project in the City of South Bend. This quote includes tree removals in the Our Lady of Hungary neighborhood down to the stump. This project does not involve stump removal. The project completion deadline is March 12th, 2024. The deadline to submit quotes is 9:30am EST on February 13th, 2024. The quotes should be delivered electronically to bawbidsC,)southbend in.gov. Please reach out if you have any questions. Thanks! - Gemma Stanton (she/her) Project Engineer, Division Engineering of Department of Public Works (574) 235-9083 t p_stantonCcDsouthbendin.g_ov J5 City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence i Accountability i Innovation i Inclusion i Empowerment