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HomeMy WebLinkAboutOpening of Bids - Commerce Center Architectural Precast Concrete Panels Project No 119-030R - High Concrete Group LLCBID/PROPOSAL CITY OF SOUTH BEND`S Project Name: Commerce Center Architectural Precast Concrete Panels' ' n Project Number: 119-030 R -' For Bids Due: August 13, 2019 9:30 a.m. Local Time Contractor Name: Hiah Concrete GroUD LLC BASE BID Item Description No, ITITITmm..... 1I Base Bid Total Amount a 4 0l4 4Cc� uuu , BASE BID TOTAL 4 04 1400 ALTERNATE #1 Item Description No. Add/Deduct Total Amount 2 Alternate 01 - Level 1 Limestone Deduct $22,000 ALTERNATE #1 TOTAL (22,000) ALTERNATE #2 Item Description No. Add/Deduct Total Amount 3 Alternate 02 - High Roof Parapet Add $25,500 ALTERNATE #2 TOTAL $25,500 ALTERNATE #3 Item Description No. Add/Deduct Total Amount 4 Alternate 03 - Level 2 Embeds I I Deduct $12,500 ALTERNATE #3 TOTAL ($12,500) ALTERNATE #4 INo Description Add/Deduct Total Amount 5 Alternate 04 ...�.................................. - Insulated Panels Add $43,800 ALTERNATE #4 TOTAL $43,800 ALTERNATE #5 Item Nteiri[Iate No Description - Us,°°�ing . iAb NO.p.. inneea; ng p:kuIVvBuwrolhed ScIlluaudu llle Add/Deduct Total Amount # 5A 6 Alternate 05 - Hoisting & Erection Add ALTERNATE #5 'TOTAL ---..------------------------- --- ____......... w__ IfiE)r n�~ t ItemDescription- Using Sub weed ing� published blislhe s g°nu:ldWe Add/Deduct Total Amount 6 Alternate 05 - Hoisting & Erection Add ALTERNATE #5 TOTAL Version 1/17/2019 Contractor's Bid for Public Works - 8 114 9, 10 U Project Name: Project Number: For Bids Due: Contractor Name: BID/PROPOSAL u;r� CITY OF SOUTH BEND Commerce Center Architectural Precast Concrete Panels 119-030 R August 13, 2019 9:30 a.m. Local Time "^ Hiqh Concrete Group LLC ALTERNATE #6 Item Description Add/Deduct Total Amount No.. 7 Alternate 06 - Joint Sealants Add $235,300 ALTERNATE #6 TOTAL $235,300 Bidder (Firm): High Concrete Group LLC Address: 95 Mound Park Drive City/State/zip: Springboro, OH 4506Q-elephone Number: ww937) 748-5701 (Signature) Aaron Vnuk (Printed Name of Person Signing) Version 1/17/2019 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Commerce Center Architectural Precast Concrete Panels Project No. 119-030 R For Bids Due August 13, 2019 9:30 a.m. Local Time Date: Address: City/State/Zip: PART I (Must be completed for all bids. Please type or print) August 12. 2019 Bidder (Firm): High Concrete Group LLC 95 Mound Park Drive Springboro, OH 45066 Telephone Number: ( 937 ) 748-5701 yawn, Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: 119-03OR - Commerce Center Mixed Use Development - Architectural Precast the City of South Bend, Indiana, in accordance with plans and specifications prepared by: 5G Studio Miami LLC and dated July 2019 for the sum of (enter the Total Bid as shown on the Proposal) F6ug-,Mr SFl-Fuz T1.bjI-Alw FD �,*_ 14stTW ($ 4074ma � (Enter sum of Total Base Bid shown on Proposal) Numerical) ALTERNATE DU T #4 #1 AD EDUC � #1 $22,000 ALTERNATE #2 DEDUCT #2 $25,500 ALTERNATE #3 AD f #3 $12.500 ALTERNATE 444 D DEMp C $43 800 I s ALTERNATE A Qk�Sg DEDUCT #5 $e-ese3eeor $,3-239-990 (`-%E brp F�� )i 9'11F Gov (SA) ALTERNATE #6AD C DEDUCT #6 $235,300 � ��14`ir,��o C58) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. By (Signature)Aaron Vnuk (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of 20 Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Genevieve E. Miller, Member Version 1 /17/2019 Contractor's Bid for Public Works - 2 Elizabeth A. Maradik, Member Therese J. Dorau, Member Laura L. O'Sullivan, Member Attest: Linda M. Martin, Clerk PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial Version 1/17/2019 Contractor's Bid for Public Works - 3 statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 1/17/2019 Contractor's Bid for Public Works - 4 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 OHIO ) Warren ) COUNTY SS: �.......__..._.._ ) 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: 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 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. Version 1/17/2019 Contractor's Bid for Public Works - 5 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I 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 Version 1/17/2019 Contractor's Bid for Public Works - 6 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 12th day of August 20 20 99hIIIIfr11t1/ q�...... ca r JENNY MORELAND NOTARY PUBLIC STATE OF OHIO Comm, Expires 2 -14-2023 Recorded in Butler County High Concrete Group LLC Contractor/Bidder (Firm) C^4W A-p- Signature of Contractor/Bidder or Its Agent Aaron Vnuk,idwest Sales Manager Printed Name and Title Subscribed and sworn to before me this day of _IV' 20r= My Commission Expires Notary Public v County of Residence Version 1/17/2019 Contractor's Bid for Public Works - 7 IC 1 i �► 1, KNOW ALL MEN BY THESE PRESENTS: That we, High Concrete Group LLC as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland of the State of Illinois , a corporation duly organized under the laws , as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of South Bend, Indiana, Board of Public Works as Obligee, (hereinafter called the "Obligee"), in the sum of Five percent of the total amount bid and all add alternates Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Commerce Center Mixed Use Development - Phase 1 Building Core and Shell Architectural Precast Concrete Panels Project No. 119-030 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of August A.D., 2019 High Concrete Group LLC Principal II°rt�re,ti,ti (SEAL,) 44 r ! Fidelity and Deposit Coml)an,y of Maryland 17 � d .Irr cat)+ Al — By 1 (SEAL) `'arali E. Jordan Witness Benjamin R. Pinkerton � horn Ey-in-Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition BID70000ZZ0701 f ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Sarah E. JORDAN, Matthew J. SWANICK, Benjamin R. PINKERTON, Valerie A. SASSAMAN, Michael S. MALINOWSKI, Jon K. MILES, Morgan S. ELLIS, Robert J. MILLER and Jessica A. WEIDENHAMMER, all of Lancaster, Pennsylvania, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of March, A.D. 2019. Attest: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 28th day of March, A . 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, V� W1Nu1tl �d� * A f p•� Constance A. Dunn, Notary Public p, My Commission Expires: July 9, 2019 8'rA➢R14414'Iw EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Alts rim; The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, ,:his 13th day of August 2019 illZ A L 01- �t Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wvwww.re )ort; felaini ri7 urit:hrttt..con , 800-626-4577 COMMERCE CENTER — PART II REQUIREMENTS HIGH CONCRETE GROUP LLC SECTION I: EXPERIENCE QUESTIONNAIRE 1. See attached 2. See attached. 3. High Concrete has not failed to complete any work. 4. See attached list of Works in Progress. BID FORM Commerce Center Architectural Precast Concrete Panels Bid Package BASE BID $ 4 yov ALTERNATES (indicate if alternate is an add or deduct to the base bid by circling the corresponding word) ALTERNATE 01 — Levels 1 Limestone ADDDUCT,,, $ 22,000 Base Bid: Level 1 shall be limestone texture in precast formliner Alternate 01: Delete Level 1 limestone texture in precast formliner and provide recess for mechanically fastened limestone veneer. Limestone veneer to be provided by others. ALTERNATE 02 — High Roof Parapet Wall Height AD DEDUCT $ 25,500 Base Bid: Parapet heights is 42" above roof level. Alternate 02: Increased parapet heights as shown on elevations. ALTERNATE 03 — Level 2 Embeds AD- EDUCT $_ 12,500 Base Bid: Contractor shall include the design, fabrication and delivery of (all) architectural precast embeds to be integrally built into the concrete superstructure. Alternate 03: Contractor shall include the design, fabrication and delivery of (Level 3 through the top of the building) architectural precast embeds to be integrally built into the concrete superstructure. Wilhelm will provide typical embeds (at Level 2) which Contractor must coordinate with Wilhelm the utilization thereof. Contractor shall incorporate such typical embeds into Contractor's design. ALTERNATE 04 — Insulated Precast Panels AD DEDUCT $ 43,800 Base Bid: No insulation in precast panels at garage locations where precast panels are open to the elements Alternate 04: All precast panels to be insulated. ALTERNATE 05 — Hoisting and Erection of Precast -W w * AD DEDUCT $ OR 3 Ili 1 7sv Base Bid: Hoisting and erection not included. -4 ` 5M e'TV of savT r sbJA 0 ip Fes) Alternate 05: Provide hoisting and erection of architectural precast concrete panels. A. Contractor shall coordinate schedule requirements, work activities, erection sequencing, erection durations, and site logistics with Wilhelm. B. Contractor shall submit to Wilhelm on a weekly basis, a three (3) week look ahead schedule detailing its planned erection activities. C. Contractor shall provide all project management and superintendence as required to efficiently execute this alternate. D. Contractor shall provide, maintain and remove all crane mats, road plates, and any other protection devices necessary to protect existing sidewalks, roadways, surfaces, etc. Commerce Center Architectural Precast Concrete Panels Appendix A - 4 E. Contractor shall not utilize any roof areas of the Project for staging, stockpiling or hoisting of materials. F. Contractor shall protect, repair and clean architectural precast panels in accordance with the Architectural Precast Design and Performance Criteria. G. Per the schedule provided, all costs for hot/cold weather work have been accounted for and are included. No additional funds will be provided if this Contractor incurs costs for weather conditions that should have been anticipated at bid time. ALTERNATE 06 — Joint Sealants ADD EDUCT 235,300 Base Bid: Panel -to -panel joint sealants not included. Alternate 06: Furnish and install all panel -to -panel joint sealants. A. Per the schedule provided, all costs for hot/cold weather work have been accounted for and are included. No additional funds will be provided if this Contractor incurs costs for weather conditions that should have been anticipated at bid time. RECEIPT OF ADDENDA Addenda Nov " Addenda No. Addenda No. Addenda No. lated Dated ate The undersigned, does hereby declare that We have carefully examined the site of the proposed work, also, the bid documents, and does hereby agree to design, furnish and/or install, as specified in the bid package, all materials, transportation, equipment, labor, supervision, tools, and all other items necessary to do all work in accordance with the bid documents. Signature: Title: Midwest Sales Manager Date: August 12, 2019 Commerce Center Architectural Precast Concrete Panels Appendix A - 5 } F- W G W N 2 a� w LU Z w m0 IL pLu iz N U) W C C OmIL W W vow 0 Z Q 0 z_ i z 0 oa w C.) H �a W m 0 LL W m wg m I O C_ C .' 0 > C u N 0 c �O cr L = fA O G! E N C IL ma 7 O 03 U 0 0� w �C Ci c r .j C � CL M � L f/1 L m L 3 d > a° CL d = �fA O 0 O. N t fA i O 0 W H N N d d C CL -0 7 E :Em 0 L y N a) C H =' 0 Ci C m Z U N O d 74 O M O C1 L.: D E Z U (U m a m CD m o�o0 aci F-- a o \ a O� M m c w a� O 0 a O EU C) mm M 0w 00 � CD m CL N (0 0 E � CD a) CL a) y C O T o O L � U � 0 CL CL � N Q U (n Q Ncu L.L - 1 La0 co CD o l0 N m =CL O M.2 cCD ~ a)o N U M 0-) r ECo E m .-. '0 r- - ? a C J LU J LO m J co m L- m It o Z N c ui 725 a O U c m O N N E Z `— O Uv� ;v7 N co Y O C C O cc El a N E 7 U) 0 E m Z a O Y U a O m t 0 U m c 0 U rn 0 N C 0 40V N NI CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM - FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS r' This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBE/WBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: 119-030 R Date: Project Name: Commerce Center Architectural Precast Concrete Panels Bidder: High Concrete Group LLC Contact Person: Aaron Vnuk Telephone: 937-748-5701 Address: 95 Mound Park Drive City: Springboro State: Ohio Zip: 45066 Email; avnuk hi h.net To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBEIWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women Owned Business as found on their website (hftp://www.in.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBE/WBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBE/WBEs reasonable time to respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBE/WBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBE/WBE firms. "*Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBE/WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. _._........................................._ — — .... ._........... SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBEM/BEs in order to increase the likelihood of meeting the MBEM/BE goals (including breaking down contracts into smaller units to facilitate MBE/WBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBE/WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE/WBE was unqualified to perform the job. *Proper demonstration of Good Faith Effort requires your Initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 1/17/2019 Contractor's Bid for Public Works - 11 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM' FORM MWBE-2.1 , - MBE/WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE 1 OF 2 Project Number: 119-030 R MBE/WBE Participation Goal Project Name: Commerce Center Architectural Precast Concrete Panels Bidder: High Concrete Group By: Midwest Sales Manager 8/12/19 (Signature) (Title) (Date) MBE/WBE Firm Dalton Protection Inc. Owner or Contact at MBE/WBE Firm Ken Crouse Telephone: 937-219-1718 Fax: 937-849-9134 Email: kcrouse@daltonprojection.com TYPE OF WORK SOLICITED FOR THIS PROJECT: 079200: Joint Sealants RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Not Bidding MBE/WBE Firm Robert Haines Co. Owner or Contact at MBE/WBE Firm Jim Prldgmen ................. Telephone: -547-5271jim@roberthainesco.com 317-542-0679 Email: jimroberthainesco.com r- ............ _ ......... ............... TYPE OF WORK SOLICITED FOR THIS PROJECT: 079200: Joint Sealants RESULTS OF CONTACT WITH THE MBE/WBE FIRM: In ey001501l Version 1/17/2019 Contractor's Bid for Public Works - 12 CITY OF SOUTH BEND 0 �^" q;1 MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBE/WBE CONTACTED 1961 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE 2 OF 2 Project Number: 119 030 R MBE/WBE Participation Goal Project Name: Commerce Center Architectural Precast Concrete Panels Bidder: High Concrete Group By: 6�1Midwest Sales Manager 8/12/19 (Signature) (Title) (Date) MBE/WBE Firm Columbus Steel Erectors Owner or Contact at MBE/WBE Firm W. Shawn Runyon Telephone: 614-876-5050 Fax: 614-876-7590 Email: wsr@columbussteelerectors.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Precast Erection RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Not Bidding MBEMBE Firm Forest Citv Erectors Owner or Contact at MBE/WBE Firm Bernie Nowak Telephone: 330-425-7185 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: Precast Erection RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Not Bidd Email: bnowak@forestcityerectors.com Version 1/17/2019 Contractor's Bid for Public Works - 12 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Commerce Center Architectural Precast Concrete Panels Project No. 119-030 R For Bids Due August 13, 2019 9:30 a.m. Local Time Contractor Name: High Concrete Group LLC The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section II only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 31s� for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 7/20/2018 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, Submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 7/20/2018 General Conditions - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: (i) _ Indiana Secretary of State's on-line records (i.e. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. Evidence that I am utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract. (iv) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. Version 7/20/2018 General Conditions - 8 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) X By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) X By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) X By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at anytime and shall be furnished upon request. (iv) X By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) X Indiana Secretary of State's on-line records (i.e. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) X List identifying all former business names. (iii) X Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) (iv) X years. Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) X Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) %< Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) %< Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) X Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 7/20/2018 General Conditions - 9 (ix) X Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) X List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: August 12, 2019 (Sign Here) Aaron Vnuk (Print Name Here) High Concrete Group (Name of Company) 95 Mound Park Drive (Address of Company) Springboro (City) Ohio (State) 937-748-5701 (Telephone Number) Version 7/20/2018 General Conditions -10 CONC O.HIGH113ROUPLLC TE An Affiliate of High Industries Inc. August 12, 2019 RE: Pre -Qualification Checklist — Commerce Center (b) Attachments: (i) Indiana Secretary of State business verification List all former business names: - High Concrete Structures, Inc. - High Concrete Technologies - High Concrete Innovations LLC High Concrete Group LLC has not violated any federal, state, or local laws including but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA) or federal Davis -Beacon and related Acts, within the preceding five (5) years. (iv) High Concrete Group LLC has 77 team members in our Springboro, Ohio facility to sufficiently satisfy our production needs. (v) Individuals who perform work on the Commerce Center project will be properly classified as employees or contractors according to applicable state and federal laws and local ordinances. (vi) High Concrete Group LLC does not currently participate in any apprenticeship or training programs. (vii) See attachment for company drug testing policy. (viii) Zurich North America Surety is the surety provider for High Concrete Group LLC. Zurich is listed as an approved surety through the Bureau of Fiscal Service. Please see attachment. (ix) High Concrete Group LLC has not had in the past three (3) years, and does not currently have any tax liens or delinquencies to any federal, state or local tax authority. (x) Projects similar in size and scope to Commerce Center: Project: Two25 Commons GC: Daimler Amount: $3,759,500 Size: 84,938 square feet Status: Completed 95 Mound Park Drive mu Springboro, OH 45066 1 I P a g e (937) 748-2412 ei FAX (937) 748-9748 www.highconcrete.com Project: Franklin County Corrections Center GC: Gilbane - Columbus Amount: $5,407,000 Size: 111,471square feet Status: In Process Project: Lexington Convention Center GC: Messer Construction Amount: $1,919,344 Size: 65,872 square feet Status: In Process Attachment BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 08/12/2019 10:19 AM Business Name: HIGH CONCRETE GROUP LLC Business ID: 2004120200060 Entity Type: Foreign Limited Liability Company Creation Date: 12/01/2004 Principal Office Address: 1853 WILLIAM PENN WAY, LANCASTER, PA, 17601, USA Jurisdiction of Formation: Ohio Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 12/31/2020 Date: Original Formation Date: 09/16/2004 Years Due: NMI 1111�111 Title Name Address President John J. Seroky PO BOX 10008, LANCASTER, PA, 17605 - 0008, USA Vice President MICHAEL W. VAN BELLE PO BOX 10008, LANCASTER, PA, 17605 - 0008, USA Vice President DEAN M. GLICK PO BOX 10008, LANCASTER, PA, 17605 - 0008, USA Treasurer TERRY A. WARCO PO BOX 10008, LANCASTER, PA, 17605 - 0008, USA 00 Type: Business Commercial Registered Agent Name: REGISTERED AGENTS INC Address: 5534 Saint Joe Road, Fort Wayne, IN, 46835, USA Attachment wil CORPORATE ADMINISTRATIVE POLICY MANUAL SUBJECT: SUBSTANCE ABUSE IN THE WORKPLACE SCOPE: This policy applies to all co-workers, applicants, company premises and those of its divisions, subsidiaries, and/or affiliates. Such premises include, but shall not be limited to: all property, facilities, land, buildings, structures, parking lots, offices, job sites, company -sponsored sporting events, installations, boats, automobiles, trucks, heavy equipment, miscellaneous vehicles whether owned or leased, and personal vehicles being used on company business. All co-workers working through a temporary agency are subject to all requirements of this policy. All temporary co-workers must be tested prior to working for any High company, its divisions, subdivisions or affiliates. In the event of a positive screen they will be released from their assignment and barred from working for any High company or its divisions, subdivisions or affiliates. Interns and other seasonal workers are subject to the High drug testing policy. In the event of a positive screen, interns or seasonal workers will be released from their assignments and barred from working for any High company or its divisions, subdivisions or affiliates. This policy does NOT apply to co-workers performing Safety Sensitive duties (i.e., operating a Commercial Motor Vehicle). High maintains a separate Substance Abuse policy for Safety Sensitive Workers. PURPOSE: High recognizes that alcoholism, drug dependence and other medical and/or behavioral conditions are highly complex illnesses that, under most circumstances, can be successfully treated. Co-workers are encouraged to voluntarily seek assistance from the Company's Employee Assistance Program (EAP), and the initiation of such action will not, in and of itself, be held against a co-worker. Therefore, in order to help maintain a safe and efficient work environment, High has adopted a policy on "Substance Abuse In the Workplace" (Policy No. 2-662). High has adopted this policy in order to: • Help maintain a safe and healthful work environment for its co-workers and its affiliated or subsidiary companies • Protect corporate property and assets • Cooperate with its customers, contractors, and subcontractors in their efforts to maintain safe and efficient operations Page 1 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 • Comply with legal, as well as local, state and federal authorities • Protect the reputation of the Corporation and its co-workers within the community, industry, and its customers Provide counseling and/or rehabilitation assistance for co-workers when appropriate. POLICY: 1.0 High Substance Abuse Program 1.1 The use, abuse, possession, transfer, and/or presence in the body of any confirmed detectable amount of, concealment of, reporting to work under the influence of, or the transportation or offering for sale of the following items or substances is strictly prohibited: 1.1.1 Illegal drugs, such as marijuana, heroin, crack, hashish, cocaine, Mexican myth, etc.; controlled substances (including trace amounts); look -alike or designer drugs, synthetic drugs; unauthorized drugs or illegally obtained drugs. 1.1.2 Illegally obtained prescription drugs. Use of prescriptions in a name other than that of the co-worker. Co-workers are encouraged to bring medicine quantities limited to the dosage amount they will need to take during their shift. 1.1.3 Reporting to work, operating a motor vehicle, machinery, or equipment with a confirmed breath alcohol level at or above 0.02 ug/l. 1.1.4 Drug paraphernalia including, but not limited to: needles; syringes; bowls; containers; spoons; objects used or intended for use during ingesting, inhaling, or otherwise introducing legal or illegal substances into the human body is strictly prohibited. These substances may include, but are not limited to: marijuana, cocaine, hashish, hashish oil, model glue, nitrous oxide, aerosols, or other substances identified under Section 1.1 of this policy. PROCEDURE: 2.0 Pre -Employment Screenings 2.1 All prospective co-workers will be required to submit to a drug screen as part of the post offer physical process. 2.2 No applicant will be screened without the individual's signed consent. Applicants should undergo testing within 24 hours of being notified and before they begin employment. Prospective co-workers applying for safety sensitive positions will follow FMCSA rules in addition to any other High post offer testing processes. 2.2.1 Applicants who refuse screening, or who have a confirmed positive result, will not be considered for employment and may re -apply and will be considered for employment after one year. Page 2 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 2.2.2 Any former employee previously terminated for violating the High Substance Abuse Policy is not a candidate for rehire and will not be considered for employment. 3.0 Present Co -Workers Screenings Present co-workers are those currently employed by High companies, affiliates, and subsidiary companies/divisions regardless of their current status (i.e. Active or Leave of Absence) will be required to submit to screens for drugs (and /or alcohol where noted) under ANY or all of the following conditions: 3.1 Post -Accident: 3.1.1 Any incident that involves a personal injury that requires professional medical treatment. 3.1.2 Any incident resulting in or which could have resulted in damage to equipment, property, or material —and which could be attributable, in whole or in part, to human error. 3.1.3 Any motor vehicle accident (excluding co-workers that follow FMCSA rules) that co-worker was involved in; unless, it is determined that co- worker was not at fault (i.e. co-worker gets hit from behind). 3.1.4 Post -Accident testing shall be completed within two (2) hours following the accident. (Exception: when co-worker injuries are severe or life threatening, treatment shall not be delayed for substance abuse testing. The medical provider rendering treatment shall administer substance abuse testing at such time when the co -worker's condition has been stabilized) 3.2 Reasonable Suspicion: Circumstances, workplace conditions or co-worker behavior indicating alcohol or drug use. Reasonable Suspicion includes, but is not limited to, the following circumstances: • Observable phenomena, such as direct observation of alcohol or other drug use and/or the physical symptoms of being under the influence; • A pattern of abnormal conduct, incoherent mental state or erratic behavior that is otherwise unexplained; • Arrest or conviction for a drug -related offense or the identification of a co- worker as the focus of a criminal investigation into illegal drug possession, use, or trafficking; • Information provided either by reliable and credible sources or independently corroborated; • Newly discovered evidence that the co-worker has tampered with a previously administered drug test; • Other actions or conduct that objectively evidences reasonable suspicion that the co-worker may be under the influence. Page 3 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 3.2.1 Any individual in a supervisory capacity may request reasonable suspicion test/physical after presenting the required documentation/information to: • The facility Manager or Superintendent and Human Resources Representative, OR • The facility Manager or Superintendent and the Corporate Director, Environmental, Health & Safety Services OR The Human Resources Representative and the Corporate Director, Environmental, Health & Safety Services. 3.2.2 If a supervisor is on a shift where the above individuals are not available (in person or by phone), the following protocol should be followed: • Contact a supervisory person from another department or an acting assistant to act as a witness and review the documentation and/or information. • Where on -site breath alcohol testing equipment is available, authorized Breath Alcohol Technicians (BAT) may administer the test as a preliminary screen. If the screen is positive, the test administrator should contact the HR representative or Corporate Safety and Health Department. • If negative, the co-worker must be evaluated by a medical practitioner. Safety and Health should be contacted and they will arrange the appointment. • In any off -site "reasonable suspicion" testing, the co-worker MUST be transported to and from the medical facility and then home. Drug and alcohol testing may be conducted. 3.2.3 If a co-worker refuses to be tested, he/she should be transported home and informed by the supervisor that he/she is suspended pending investigation. Human Resources will follow up with the co-worker. 3.3 Possession 3.3.1 Co-workers found to be in possession of illegal drugs, controlled substances, illegally obtained prescription drugs or alcoholic beverages or such items are found in the area within the co -worker's control shall be tested. 3.4 Co-worker Absence 3.4.1 Co-workers who return to work after an absence of six months or longer, regardless of the reason will undergo testing. 3.4.2 The Safety and Health Department will coordinate the return to work screenings for absences greater than or equal to six (6) months. Page 4 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 3.5 Random drug screens 3.5.1 Random substance abuse screenings for drugs and alcohol will be conducted at least twice a year for designated operating companies. Locations may be subject to more frequent testing at the discretion of company management. 3.5.2 A pre -determined percentage of the entire co-worker population of the designated operating company shall be tested annually. 3.5.3 Persons will be randomly selected by means of a computerized random list generator. 3.5.4 Any person who tests positive and has one year or less continuous service shall be immediately terminated. 3.5.5 Any person who tests positive and has greater than one year continuous service shall be given the opportunity to complete a mandatory EAP referral program, if it is a first offense. 4.0 Tests to be administered 4.1 Non DOT Drug screen 4.1.1 A Non DOT drug screen is to be done on -site using an oral saliva kit where available. (Exception: OH Pre -employment drug testing) 4.1.2 Where an oral saliva kit is not available on -site, the co-worker should be sent to company physician for drug testing using any appropriate means. 4.1.3 When drug testing is required after office hours, and on -site testing is not available, the co-worker should be sent to the nearest Hospital Emergency room for drug testing. 4.2 Breath Alcohol Test 4.2.1 Breath Alcohol Testing is to be done on -site by a trained Breath Alcohol Technician (BAT) where available. 4.2.2 If on -site BAT testing is not available, QED saliva kit may be used as a qualitative screening. BAT testing is required for any presumed positive result determined by the QED kit. 4.2.3 Where on -site BAT or QED testing is not available, the co-worker shall be sent to a company physician or the nearest Emergency room. 5.0 Discipline: Action To Be Taken for Drug Violations 5.1 Current co-workers who refuse to give written consent for screening will be suspended immediately and will incur an assumed positive result. 5.2 Co-workers who are found to be using, in possession of, or transporting any illegal substance(s) will be immediately suspended and subject to discharge pending an investigation. Page 5 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 5.3 Any co-worker presenting a degraded specimen will be suspended immediately and subject to discharge pending an investigation. Any applicant for employment degrading a specimen will not be considered for employment. 5.4 Illegal drugs - Confirmed Positive Results 5.4.1 Any co-worker with less than one year of continuous service to the Company will be discharged for his/her FIRST OFFENSE CONFIRMED POSITIVE. 5.4.2 Co-workers with more than one year of continuous service to the Company will NOT be discharged for a FIRST OFFENSE CONFIRMED POSITIVE. Such co-workers with a Positive result will be automatically suspended for a minimum of five (5) calendar days. During that period of time, the co -worker's name will be submitted to the High EAP provider. The co-worker will be asked to decide whether he/she wishes to take advantage of the service offered by the EAP and accept treatment for Substance Abuse. Co-workers actively participating in an EAP supervised program will be allowed to return to active employment under the following conditions: • The co-worker must contact the EAP-designated medical provider within 48 hours of being assigned. Continued employment is contingent upon compliance with the specified substance abuse treatment program. Upon notification from the High EAP provider that the co-worker is compliant with the treatment and is able to return to work, the co- worker will be re -tested and, if the test is negative, returned to duty subject to a two (2) year probationary program that will require periodic, unannounced testing in addition to any company random testing. NOTE: JI t1g robationary period for safety sensitive co- workers may last lon er. Refer to the "Substance Abuse Testi;j for Safetyensitive Etn, 10 ecs" policy, • The co-worker must remain in the EAP supervised treatment program until released by the EAP. • Following a successful probationary period of two (2) years, the co- worker will no longer be considered on probation, and the requirements thereof will be removed. 5.4.3 Any subsequent drug/alcohol test that is CONFIRMED POSITIVE will result in the co -worker's immediate termination, regardless of whether the initial confirmed positive result was for drugs or alcohol. 5.4.4 The co-worker will be terminated if he/she does not contact the EAP within 48 hours of being assigned or does not comply with the treatment plan specified by the designated EAP provider. Page 6 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 5.4.5 NOTE: Drug screen results may be used in workers compensation proceedings. 5.5 Prescribed Narcotics — Confirmed Positive Results 5.5.1 A co-worker will be given an opportunity to offer as proof any documentation to justify the use of prescribed narcotics. Valid prescription information must be in the co -worker's name and filled within the past two months. 5.5.2 Positive test results for use of prescribed narcotics that have a fill date greater than two months or in a name other than that of the co-worker (this section applies to all co-workers regardless of length of service): Is' Test Result: Written warning Suggest EAP availability 2nd Test Result: Suspended for five (5) calendar days Employment is contingent upon following the EAP treatment plan Co-worker must have negative screens prior to returning to work. Subject to random drug and alcohol screening for two (2) years. 3`d Test Result: Termination 5.5.3 After a co-worker has completed a mandatory EAP referral for substance abuse, use of a prescription medication that is not documented in the co -worker's name or filled in the co-workers own name within the past two months is considered a SECOND OFFENSE and the co-worker will be terminated. 6.0 Discipline: Action To Be Taken for Alcohol Violations 6.1 Test results of 0.02-.039 BAC shall result in the following actions: 1 sc Test Result: Written warning Suggest EAP availability Suspend until the next regularly scheduled shift. 2❑d Test Result: Suspend for 5 calendar days Employment is contingent upon following the EAP treatment plan Co-worker must have negative screens prior to returning to work. Page 7 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Subject to random drug and alcohol screening for two (2) years. 3Td Test Result: Termination 6.1.1 Any co-worker either suspended or terminated with a .02 BAC or greater shall be offered assistance with transportation home. 6.1.2 After a co-worker has completed a mandatory EAP referral for substance abuse, a test result of 0.02-.039 BAC is considered a SECOND OFFENSE and the co-worker will be terminated. 6.2 Test results indicating a .04 BAC or greater shall result in the following actions: 6.2.1 Any co-worker with one (1) year or less of continuous service to the company will be discharged for his/her first confirmed positive alcohol test indicating a concentration in excess of .04 BAC. 6.2.2 Any co-worker with greater than one (1) year of continuous service to the company will be SUSPENDED for five (5) calendar days and referred to the EAP. During that period of time, the co -worker's name will be submitted to the High EAP provider. The co-worker will be asked to decide whether he/she wishes to take advantage of the service offered by the EAP and accept treatment for substance abuse. Co-workers actively participating in an EAP supervised program will be allowed to return to active employment under the following conditions: • The co-worker must contact the EAP-designated medical provider within 48 hours of being assigned. Continued employment is contingent upon compliance with the specified substance abuse treatment program. Upon notification from the High EAP provider that the co-worker is compliant with the treatment and is able to return to work, the co- worker will be re -tested and, if the test is negative, returned to duty subject to a two (2) year probationary program that will require periodic, unannounced testing in addition to any company random testing. NOTE: The probationary . eriod for safety seaasitive co- workers n ly_11 t I XI er. Refer to the "Substance Abuse' cstjqgjor Safety Sensitive Employs" fie o • The co-worker must remain in the EAP supervised treatment program until released by the EAP. • Following a successful probationary period of two (2) years, the co- worker will no longer be considered on probation, and the requirements thereof will be removed. 6.2.3 Any subsequent drug/alcohol test that is CONFIRMED POSITIVE will result in the co -worker's immediate termination, regardless of whether the initial confirmed positive result was for drugs or alcohol. Page 8 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 6.2.4 The co-worker will be terminated if he/she does not contact the EAP within 48 hours or comply with determined treatment of the EAP provider. 6.2.5 Any co-worker either suspended or terminated with a .04 BAC or greater shall be offered assistance with transportation home. The local police shall be contacted if a co-worker with a confirmed BAC of .08 or greater refuses transportation assistance and drives away in a motor vehicle. 6.2.6 NOTE: Alcohol screen results may be used in workers compensation proceedings. 7.0 Crimes Involving Drugs: The Company prohibits all co-workers, including co-workers performing work under government contracts, from manufacturing, distributing, dispensing, possessing or using illegal drugs in or on Company premises. 7.1 All co-workers who are convicted of, plead guilty to, or are sentenced for a crime involving illegal drugs that occurred in the workplace are required to report the conviction, plea or sentence to the Company within five days. Failure to report such convictions shall result in termination. Where such co-workers were directly engaged in performing government contract work, the Company will report their convictions to the contracting agency within 10 days. 8.0 Medications 8.1 Co-workers are required to immediately notify their appropriate Human Resource Department when they are taking a doctor prescribed medication(s) that could affect their ability to perform their work assignment safely. 8.1.1 Any co-worker who has been informed that his/her prescription medication could cause adverse side effects while working, or where warnings are printed on prescription vials indicating such a warning, is required to inform the respective Human Resources Department PRIOR to commencing work or driving a company vehicle or operating motorized piece of equipment. 8.1.2 In the interest of assuring medical privacy, the specific medication or ailment being treated need not be revealed. More specifically, a note from a treating physician indicating the co-worker is prohibited from performing specific work duties for a specified period of time is sufficient. 8.2 Co-workers are prohibited from distributing their prescription medications to others. 8.3 Co-workers are required to inform their supervisor when they are taking over-the- counter medications that could affect their ability to perform their work assignment safely. 8.4 High reserves the right at all times to have its company physicians determine whether a medication produces hazardous effects that may restrict the type of work performed. Page 9 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 9.0 Release of Medical Information to Outside Parties Regarding Substance Screen Test Results 9.1 Medical information regarding substance screen testing results will be released to outside parties by the Designated Employer's Representative (DER) or V.P. of Human Resources ONLY under the following conditions: 9.1.1 In response to a written request on the form "Safety Performance Histoi ql;r 5 Request" as required by the federal Motor Carrier Safety Regulation 49 CIaR Part 40. This information will be released to the requesting employer on said form. 9.1.2 As a result of a Workers' Compensation Claim in which the substance testing was positive and where that substance presence was likely to have been related to the claim. This information will be released to the Insurance Company or its representatives. 9.1.3 In connection with an investigation by a governmental agency, i.e., Unemployment Compensation Commission, Labor Relations agencies, etc. 9.1.4 In response to a subpoena or court order. 9.1.5 As otherwise authorized by the co-worker. 10.0 Searches and Inspections 10.1 High reserves the right, at all times, while on the premises and properties previously described, and if circumstances warrant due to reasonable suspicion, to conduct searches and inspections of co-workers' lockers, baggage, wallets, purses, desks, tool boxes, clothing and personal or company vehicles or any other personal objects brought into the workplace, for the purpose of determining if such co-workers are in possession, use, transportation, or concealment of any prohibited items; i.e., illegal drugs, controlled substances, alcohol, and drug paraphernalia. Acceptance of employment by the Company constitutes consent to reasonable searches and inspections under this policy. 10.2 Searches of a co -worker's person and/or inspections can be conducted by a member of management when he/she has reasonable suspicion that the co-worker is in violation of this policy and determines that a search is reasonably necessary to establish whether a violation exists. 10.3 Searches will be conducted in the presence of a witness with due regard to the privacy, dignity and gender of the individual being searched. A witness can be a plant manager, general superintendent/foreman, supervisor, foreman/leadperson or other responsible person of the same gender as the individual being searched. 10.4 The company Human Resources Representative must be notified as soon as practicable. 10.5 Co-workers found to be in possession of or transporting drugs or alcohol in violation of this policy will be subject to immediate suspension and subject to Page 10 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 discharge pending an investigation. Illegal substances or drugs discovered through searches and inspections may result in notification of the appropriate law enforcement authorities where there is evidence of a violation of law. 10.6 Entire plant, job site, office, or facility searches will be authorized only after a request is made through the appropriate division/facility Vice President and will be conducted in the presence of an authorized High representative. 10.7 Action To Be Taken For Policy Violators: 10.7.1 No co-worker search or inspection will be conducted without written consent. A co-worker who refuses to submit to a search or inspection pursuant to a Company official's or supervisor's request, will be subject to discharge from employment. 10.7.2 Any co-worker who is found to be using, in possession of, or transporting any illegal substance or any of the drugs referenced in this policy will be subject to discharge from employment. 11.0 Communication of the Policy 11.1 The Substance Abuse Policy will be communicated in the following ways: 11.1.1 Posting of a statement regarding Substance Abuse Testing in all application rooms and co-worker bulletin boards. 11.1.2 Incorporation into the High application process. 11.1.3 Distribution of the policy to all new co-workers. 11.1.4 Training of current co-workers with regard to any significant revisions to the policy. 11.1.5 Periodic newsletter announcements and articles in other Company publications. 11.2 Corporate Safety and Health Department can be contacted for questions or special training sessions. 12.0 Administration of the Program 12.1 The appropriate Human Resources Department will ensure that each prospective co- worker passes post offer drug screening prior to a job assignment. The appropriate group Human Resource Manager will oversee day-to-day compliance with the provisions of this program. 12.2 Periodic, routine or intermittent drug/alcohol testing of a facility, site, crew, or project will be done only with the approval of the appropriate Corporate Officer and the Corporate Director, Environmental, Health & Safety Services or his /her designee. 12.3 The High Corporate Safety & Health Department will oversee compliance with this program at all locations. Page 11 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 12.4 Supervisory personnel investigate and notify Corporate Safety/Health and Human Resources for incidents defined in section 4.2. 12.4.1 If direct supervisory personnel are made aware of an incident as defined in section 4.2 of this policy and fail to send the individual involved for substance testing, they will be held accountable. Each case will be reviewed individually to determine the appropriate disciplinary action. 13.0 Important Notice 13.1 Nothing in this Policy (2-662) or its appendices as a whole, nor any provision, guideline, or procedure contained herein, is to be considered or interpreted as a binding contractual commitment on the part of High. 13.2 Through this policy/program, High does not assume or offer to assume any obligations beyond those which may be imposed by applicable law. High further reserves the right to alter, amend or discontinue this policy/program, or any procedure, guideline, or provision contained herein with or without notice, at its sole discretion as permitted by law. 13.3 Failure to exercise any process, right or remedy in a particular way shall not be considered a waiver of its right to exercise such process, right or remedy or preclude High from exercising that prerogative or process, right or remedy in some other way. 13.4 Additional information related to this Policy can be found in the Appendices. 14.0 Definitions 14.1 Act -Alike Drugs are drugs that are promoted in the same way and that contain the same ingredients as look -alike drugs but are manufactured so that they do not closely resemble controlled substances. 14.2 Alcohol or Intoxicating Beverages are any beverages having an alcoholic content in excess of 5% by volume. 14.3 Controlled Drugs are drugs placed on a schedule or in special categories to prevent, curtail, or limit their distribution and manufacture. These drugs are regulated under the Controlled Substances Act of 1970. Illegal drugs under federal laws include marijuana, heroin, hashish, cocaine, hallucinogens, plus depressants and stimulants not prescribed for a current personal treatment by an accredited physician. 14.4 Degraded Specimens are those which have been adulterated by the addition of masking agents, dilution, or substitution. 14.5 Designer (Synthetic) Drugs are drugs that are manufactured in clandestine laboratories where chemists alter the molecular structures of both legal and illegal drugs to create a drug that is not explicitly declared illegal by federal law. 14.6 Drug is any chemical substance that produces a physical, mental or emotional change in a person, or is capable of altering a person's mood, perception, pain level or judgment. Page 12 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 14.7 Drug Abuse is the use of a drug, whether for medical reasons or otherwise, which results in impaired physical, mental, emotional or social well-being of the user. 14.8 Drug Related Paraphernalia (as used in this policy) includes any material or equipment used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing a controlled, illegal substance into the human body. Such items include, but are not limited to: 14.8.1 Blenders, bowls, containers, spoons, mixing devices used or intended for use in compounding controlled substances. 14.8.2 Capsules, balloons, envelopes, and other containers used or intended for use in concealing small quantities of controlled substances. 14.8.3 Hypodermic syringes, needles or other objects designed for injecting controlled substances into the human body. 14.8.4 Objects used or intended for use in ingesting, inhaling, or otherwise introducing substances into the human body for the purpose of impairing physical and/or mental faculties. These may include, but are not limited to, pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips (objects used to hold burning material such as a marijuana cigarette that has become too small or too short to be held by the hand or fingers), cocaine mixing spoons or vials, chamber pipes, electric pipes, air -driven pipes, chillums, bongs, ice pipes, and rolling papers. 14.9 Illegal Drug is any drug that is/was not legally obtained. This term includes prescribed drugs not legally obtained or used; prescribed drugs not being used for prescribed purposes; marijuana, cocaine, crack, LSD, designer drugs, etc. 14.10 Legal Drug is a prescribed drug or an over-the-counter drug, legally obtained and being used for its prescribed purpose. 14.11 Look -Alike Drugs are tablets, capsules, and powders contained in controlled over-the-counter ingredients whose physical appearance mimics prescription drug products which contain popular substances of abuse and are regulated under provisions of the Controlled Substance Act. 14.12 Medical Review Officer (MRO) is a licensed doctor of medicine (MD) or osteopathy (DO) with knowledge of drug abuse disorders that is employed or used by High to conduct drug testing in accordance with Federal Department of Transportation Regulations. 14.13 Positive Screen is any screen that results in any drug action level or an alcohol action level of .02 or greater. High has a zero tolerance policy for all illegal drugs. 14.14 Prescribed Drug is a drug or substance prescribed for an individual by a licensed medical practitioner. Page 13 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 14.15 Prohibited Drug is any drug that the use, sale, possession, transfer or storage thereof is illegal, or any other drug, including but not limited to prescription drugs not in your name or filled within 2 months. 14.16 Refusal to Cooperate means to obstruct the collection or testing process, to submit an altered, adulterated or substitute sample or fail to promptly provide specimen(s) for testing when directed to do so, without a valid medical basis for failure. 14.17 Safety Sensitive Functions as per DOT regulations specify that you must not use alcohol or drugs when performing safety sensitive functions, nor perform safety - sensitive functions within 4 hours of using alcohol. You are performing safety - sensitive functions when: 14.17.1 Waiting to be dispatched, unless you've been relieved from duty by the Company; 14.17.2 Performing pre -trip inspections or servicing the motor vehicle; 14.17.3 Driving the motor vehicle; 14.17.4 On the vehicle; 14.17.5 Loading or unloading the vehicle, supervising the loading or unloading, giving receipts for the load, or remaining ready to operate the motor vehicle; 14.17.6 Performing duties and services at an accident scene; or 14.17.7 Repairing, getting help, or staying with a disabled vehicle. 14.18 Under the Influence (for the purpose of this policy) refers to an individual who is affected by a drug or alcohol or the combination of a drug and alcohol in any detectable manner. The symptoms or influence are not confined to those consistent with misbehavior or to obvious impairment of physical or mental ability, such as slurred speech or difficulty maintaining balance. A determination of influence can be established by a professional opinion, a scientifically valid test, and/or in some cases by a lay person's opinion. 15.0 Payments "For Cause" Testing Substance Abuse Program 15.1 If the co-worker is working in production/office/field areas and is sent for a test during normal working hours, the time card should be marked as Indirect Labor for time away for testing purposes. END OF POLICY Page 14 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX A OPERATIONAL PROCEDURE FOR HANDLING SUBSTANCE ABUSE REPORTS FOR ACTIVE CO-WORKERS An account is set up with a nationally accredited laboratory under the name of the High. Des ignated l m to er's Re resentative 'DER The DER is the ONLY person who may receive the information from the lab. It is a secured account, and the results are kept in a secured file in the Corporate Office Building. Access to these records is only through the DER or the Ccr prate Director Eiivironmrrental1-lealth and Safety Services. No other access is available. All current co-worker information will come to the attention of the DER or, in that person's absence, the + "c rprarate Director Environnieptal, Health. and Safe-ty Services. This will ensure that there is no chance of an unauthorized individual receiving this information. The DER will review the report and assure the correct person (Human Resources Representative) receives the information. In the absence of the Human Resources Representative, the company CEO will receive the information. The lab will give all information regarding testing to the proper High account. The lab will identify results with the individual's name. There will be NO NUMBERS used, as in post offer, due to the possibility of confusion. Substance abuse testing for persons covered by 40 CFR Part 40 shall be conducted in accordance with High "Substance Abuse Testing for Safety Sensitive Employees", policy 2-661. Page 15 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX B CONFIRMED POSITIVE PROTOCOL - HIGH The following steps are taken for a positive result for drugs or for an alcohol positive result at or above .04 ug/1 BAC: • The written re ort comes to the DILI the DER idewifies the individual and assures that the test is a "CONFIRMED POSITIVE The appropriate f.:lunxan Resource Representative is then notified by the DER or his/her back-un. 1 Human Resource Representative notifies the applicable Operations Manager and suspends the co-worker for a minimum of FIVE (5) calendar days. 2 The co-worker is referred to the EAP by the appropriate Human Resources representative. The DER will become the clearing house for all information from this point forward. 3 The DER will contact the EAP's representative stating: "You should hear from ["co -worker's name"] anytime within the next forty-eight hours for an appointment. If you do not hear from "co-worker name" by 4:00 p.m. (EST) of "date", call me." 4 If the EAP hears from the affected co-worker within 48 hours and co-worker enters into a treatment program, the EAP will contact the DER stating that the individual has entered into a treatment program. 5 The DER will then contact the Human Resources Representative and inform him/her that the individual has entered a treatment program. 5.1 At that point, the Human Resource Representative will know if the person is going into "in-house" treatment for "#" of days or if the person is going to be an "outpatient" and coming back to work. 5.2 If the individual is being treated and coming back to work, the co-worker MUST BE TESTED AGAIN, AND THE TEST MUST BE NEGATIVE prior to returning to work; 6 When the co-worker completes the "outpatient" and/or "inpatient" treatment program, the EAP will provide verbal confirmation to the DER upon completion of approved program; 7 The DER will then inform the Human Resource Representative that the co-worker has completed the EAP and is following through with recommendations and is now on a two- year probationary program; all information will be kept at High and confidentially sealed. 8 The Human Resources Representative will prepare a letter to the co-worker outlining the terms of probation. The co-worker and Human Resources Representative will sign the agreement (see Appendix F). Page 16 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX C QUESTIONS & ANSWERS Testing Reasons for "Pests Payment, Return -to -Work, Procedural Information): Q.1 If the supervisor decides an individual needs a drug test because he dislikes that person, and he makes up symptoms --is there some way we can have a second witness involved to observe this co-worker to make sure the test is warranted? A. Check the policy. The supervisor MUST be able to articulate the reason(s) for which he wants the person tested. See section 4.2 of the policy. Someone else MUST verify that reason. Also, the supervisor may not send co-workers in to be tested without authorization from the supervisor in charge and the Human Resources Director and/or the Corporate Director, Environmental, Health & Safety Services and/or the Corporate Disability Coordinator. Q.2 What happens on the second or third shift if a supervisor feels he has a person who needs to be tested (first shift is no problem because you can contact Human Resources)? A. The supervisor may contact the highest plant official, either superintendent or general foreman. If the plant official feels the situation needs addressed, then they will contact the Human Resources Director and/or the Corporate Director, Environmental, Health & Safety Services and/or the Corporate Disability Coordinator. Q.3 If a co-worker is missing a lot of work, may we give him a drug test for missing work? A. NO! There must be another valid reason to test. Testing cannot be performed strictly due to poor attendance. The supervisor can still counsel the co-worker on his/her attendance problem. Q.4 It's 10 a.m. You have a probable cause. You send a co-worker for a reasonable suspicion test. It is now after lunch and the co-worker returns. Do you let the individual come back to work? A. If you suspected the individual was impaired to the extent that they needed to be seen by a doctor, they are possibly a threat to their safety or to the safety of others, they can only return to work if a physician declares them fit for duty. Q.5 Will the individual who is taken off -site for a test be paid? A. Yes. See 16.0 Q.6 The next day after an active co-worker is tested, if we do not have the test results back, may he report to work? A. Yes, if he is not visibly impaired. Q.7 If a person is tested negative, can he/she legally come back on the Company for administering a test? A. No, not as long as we have a signed consent form from the person. Page 17 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Q.8 Will there be a list of possible Drug Testing Locations throughout the different states where some of our divisions would be tested? May we have a copy of this list to use? A. Yes, there is a list. The Safety & Health Department will provide information on where a co-worker may go for treatment and/or testing. Q.9 How long can a substance still be detectable? A. Different drugs remain in the system for differing periods. For example: Cocaine - approximately 1-4 days Marijuana - approximately one month for a heavy user, two weeks if a recreational user. These are approximate times and should not be used in making a decision to test. Q.10 How do we test truck drivers? A. If a person has an accident while out on the road, refer to Substance Abuse Policy for Safety Sensitive Employees. Q.I I If a person is hurt on the job site away from a home location, receives medical treatment in some out-of-the-way place, has not been admitted to a hospital and is on his way back, how do I get him tested? A. Assuming the out-of-the-way place is not equipped for substance abuse testing, contact Corporate Safety & Health and they can direct you to the nearest testing site. Q.12 If a co-worker causes property or equipment damage, near miss, etc. at the start of the shift, may I wait until the end of the shift to send him/ her for a drug test? A. No, you should NOT wait until the end of the shift because if the individual is under the influence of anything at the time of the accident, they may be clean by the end of the shift. They should be sent immediately — policy states within 2 hours. Q.13 What happens if I do not agree with my test results? May I take the test over? A. You may have the same specimen retested either at another lab of your choice or have the company designated lab retest it. You will need to pay High for the test prior to the retest. If the initial test was incorrect, High will reimburse you. Re -tests must be coordinated with the DER. Q.14 May I have a copy of my drug test result? A. Yes. Refer to Section 10.0. Q.15 If I smell alcohol on a co -worker's breath, may I send him/ her in for a test? A. NO. You may not send the co-worker in for smell alone. See section 4.2 "Reasonable Suspicion". When you have reasonable suspicion, you need objective facts such as staggered walk, slurred speech, instability, inattentiveness, etc. in addition to the smell of alcohol. Page 18 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Q.16 What about random testing? A. In addition to random testing for CDL drivers, individual SBU's may elect to conduct random testing. See section 4.5. Q.17 How is it decided who is picked for a random drug test? A. The list is computer generated. Once the computer picks the names for the random test, those names are once again put back in to the co-worker pool. Treatment/ Employee Assistance Program (I,AP): Q.18 Who pays for the treatment? A. Two possible scenarios exist: 1. Co-worker is going into a treatment program; EAP refers him to a private counselor because it will require more than 5 or 6 visits to the EAP. The private counselor or provider's fee will be covered under the co -worker's health/accident benefit with the company as per the insurance contract. 2. If co-worker is admitted or confined to a hospital for treatment, co -worker's weekly disability will become active. If there is a waiting period before benefits start, the co-worker may use vacation during that waiting period. Q.19 May I go to my own therapist? A. You must first go to the EAP. If the EAP refers you outside, you may ask the EAP if you may go to your own therapist. If the EAP says yes and if the therapist meets the requirements of certification, etc., it is OK. (The EAP must maintain supervision of the co -worker's treatment and must, likewise, release the co-worker to return to work. No other return -to -work document will be accepted! Return -to -work notice must come from the EAP's main office.) A co-worker enters this phase of our program through the EAP and returns to work or is terminated from employment. Q.20 Who decides when a suspended co-worker may return to work? A. The EAP determines this, not High. Probationary Period/ Discipline: Q.21 During the 5-day suspension for policy violation, may the co-worker use vacation time while they are off work? A. Yes, he/she may use vacation time, or take the time without pay. We are giving co- workers the opportunity to make sure they have some income while receiving treatment Page 19 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Q.22 What happens if a person who has been tested and is discharged asks why other co- workers were not tested? A. As a matter of law and choice, High treats its relationship with a co-worker as a private matter. High will not respond to requests for information related to its relationship with a co-worker to anyone but that co-worker and the representatives authorized by that co- worker. Q.23 Who decides unannounced testing for a co-worker who is on probation? A. The DER will decide when this will be authorized. Q.24 What happens if I have completed the 2-year Probationary Program for substance abuse violation and I test positive again? A. Your employment is terminated. Searches: Q.25 If we use K-9's (dogs) and find something in a locker (illegal substance), may we fire an individual? A. Yes, according to our policy. As long as the substance is tested and found to be illegal, the individual may be dismissed. However, use of dogs, etc. will not be used without Corporate Management approval. Q.26 May we handle a substance without being charged with possession? A. No. If you find something that you believe is an illegal substance you should notify your supervisor and/or DER. We will then notify police, inform them that you found something, and request that it be tested. If you have reason to believe that drugs are being sold on your shift, people are wandering away, you have heard talk, etc., then contact your supervisor. Miscellaneous: Q.27 If a supervisor's friend is having a problem, and the supervisor is over looking the problem, what can co-workers do? How do coworkers approach the subject? A. Co-workers may talk to Human Resources, Safety and Health, etc. Even another supervisor may discuss the matter with the supervisor in question or bring it to Human Resources' attention. Q.28 If a co-worker is hurt, who takes the individual for treatment? A. The First Aider will determine the best method of transport for the individual. Page 20 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Q.29 If an impaired person refuses to stay at work or to have someone else take them home, and, instead goes home on their own, should we call the police? A. Yes, in the case where you believe someone is impaired. If possible, advise the uncooperative co-worker that you intend to notify the authorities before he/she leaves the premises. Q.30 A person is charged with drunk driving on his own time and is convicted. Does this affect High? A. Yes it could. It depends on whether the person is required to drive on behalf of the company as part of his/her job duties. It is prohibited to operate a company vehicle without a valid driver's license. All such circumstances should be discussed with the Corporate Director, Environmental, Health and Safety Services. Q.31 What is considered medical treatment? A. Any treatment done at any medical facility or by a licensed health care provider. Q.32 Who is responsible for transporting to a medical facility? A. It depends why they are being transported. If a co-worker is being sent for a substance screen for "fitness for duty", that co-worker must be transported by the supervisor or a competent person designated by the supervisor, since his/her faculties are in question. If an individual is injured, the first aider must make the determination whether that individual can safely transport him/herself, medically speaking, in accordance with the First Aid Operating Policies. If the individual is being sent for testing because they have had a near miss, property or equipment damage, if the supervisor believes that the individual is not impaired they may allow that individual to transport themselves. In all cases, the individual must have a photo ID. If an individual does not have a photo ID, that individual must be accompanied by someone with a photo ID who can identify the individual. Page 21 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX D /i CONFIDENTIAL APPLICANT/CO-WORKER CONSENT FORM - ILLEGAL DRUGS, ALCOHOL, CONTRABAND AND UNAUTHORIZED ITEMS In order to assist in maintaining a safe working environment for co-workers, as an enforcement measure in providing a safe, healthy, productive work environment and to maintain the integrity and security of Company facilities and property, High, has established a Policy No. 2-662 (hereinafter referred to as "the Policy") regarding drugs/alcohol use and/or abuse, on any High, affiliated or subsidiary, premises, property, facilities, installations, work locations, work areas, vehicles, equipment, boats or aircrafts (whether owned, leased or used). I understand that the Company may implement the Policy by such reasonable means as the Company may from time to time determine appropriate, including searches and inspection of personal effects and drug/alcohol testing, of any person according to the guidelines in the Policy. Co-workers who either decline to be searched, decline to submit to drug/alcohol tests, as required in the Policy, or who otherwise are found in violation of the Policy, will be subject to suspension with intent to discharge from employment. Prospective co-workers who refuse to submit to drug/alcohol testing as part of or separate from a post offer examination, or who are otherwise found to be in violation of Policy No. 2-662, will be disqualified for further employment consideration. I understand a documented chain of specimen custody exists to ensure the identity and integrity of my specimens throughout this collection and testing process. ACKNOWLEDGMENT I have read and understand the Policy, and agree to abide by all of its requirements, including drug/alcohol testing. I accept the conditions of the Policy and consent to the requirements thereof and hereby release and hold harmless High, its affiliated companies, partnerships and subsidiaries, owners, and their co-workers, directors, and officers from any liability whatsoever arising from the enforcement of this Policy. Applicant/Co-worker Date Company Representative Date Page 22 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX E NOTICE TO PROSPECTIVE CO-WORKERS A Post -Offer Physical is a requirement for some positions with High companies. One of the requirements for consideration of employment is the satisfactory passing of a Drug Screen Test. Please read the following information and instructions carefully: NOTICE: This Company has a policy which prohibits the possession and/or use of illegal and unauthorized drugs and alcohol. The Company will search and substance screen its co-workers' personal effects as an enforcement measure of this policy in order to maintain a safe, healthy, productive working environment. Certain business units within the corporation have also elected to conduct random substance abuse testing. This policy is enforced to maintain the integrity and security of Company facilities and property. You may be eliminated from consideration from employment with a High company if the results of your substance screen indicates that you are applying for employment while you are using alcohol or any unauthorized or illegal drugs. NOTE TO APPLICANT: The laboratories which conduct the screenings will automatically run two screenings for any positive result, using two separate methodologies. The first is a screening test, the second is a confirmation test. For a positive drug test result, if you desire, a portion of the specimen will be made available to a laboratory of your choice for additional confirmation testing. If you request this to be done, you must bear the expense of the additional testing if the results of the original testing are confirmed. APPLICANT: I have read and understand this phase of the post -offer medical requirements. I accept the conditions for consideration of employment. I consent to the requirements of the substance screens and any other post -offer physical examination if required. I agree in submitting to these tests that the testing facility is authorized by me to provide the test results to High. I consent freely and voluntarily to the Company's request for necessary specimens. I hereby release and hold harmless, the Company, its owners, co-workers, agents, directors and officers from any liability whatsoever arisingfrom this request to furnish specimens, the testing of my specimens, the results of the testing, and decision made concerning my application for employment based upon the results of the substance screen tests. Applicant's Signature Date Witness' Signature Page 23 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX F /i Substance Abuse Probationary Period Consent Form and Last Chance Agreement 11 _ _ .. , as an employee of a 1-1igh an com mm�A u- p y, Affiliate and/or a Subsidiary Company/Division, having satisfactorily colnplete the provided EAP Substance Abuse Treatment Program, upon signing this form, agree to all probationary period practices and procedures as outlined in the "Substance Abuse and Other Unlawful or Unauthorized Items in the Workplace" policy (H.I.I. No. 2-662) and/or the Substance Abuse Employee Handbook. I understand that this probationary period will last for two (2) full years, and during this probationary period I could be subjected to periodic unannounced testing. Should a confirmed positive reading result from a subsequent Substance Abuse Test throughout the duration of my employment, I understand my employment will be immediately terminated and I am not eligible for rehire. Employee Signature: Human Resources Manager/Plant Manager: Date: Page 24 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 APPENDIX G SUBSTANCE ABUSE CORRECTIVE ACTION MATRIX Test Results Length of 1st Positive Test 2"Positive Test 3rPositive Test Positive for: Service Illegal drug < 1 year Termination N/A N/A Illegal drug . ........ . _................ > 1 year Suspend for 5 Termination N/A calendar days TM Employment contingent upon following EAP treatment plan Must have negative screens prior to returning to work ■ Random testing for 2 years Prescription _....... —------ .._.. Not based on .......... " Written warning .... __........ a Suspend for 5 Termination Drug not in length of " Suggest EAP calendar days Co -worker's service; all availability a Employment Name or filled co-workers contingent within past 2 treated the upon following months same EAP treatment plan " Must have negative screens prior to returning to work " Random testing for 2 years NOTE: Positive test #2 or #3 may be for alcohol, illega l drugs OR prescription drugs NOT in the co -worker's name. Page 25 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 SUBSTANCE ABUSE CORRECTIVE ACTION MATRIX Test R... esults Length of ., 1st Positive Test � .._.....� 2 Positive Test 3 ositive Test Positive for: Service Alcoho10........ 02..... Not based ..........._._. a Written warning � Suspend for 5 ....- Termination 0.039 on length of 0 Suggest EAP calendar days service; all availability . Employment co-workers treated the contingent upon following EAP same treatment plan • Must have negative screens prior to returning to work • Random testing for 2 years Alcohol 0.04 < 1 year Termination N/A N/A or > Alcohol 0.04 > 1 year Suspend for 5 Termination N/A or > calendar days Employment contingent upon following EAP treatment plan • Must have negative screens prior to returning to work • Random testing for 2 years _.. NOTE: Positive tests #2 or #3 ................... may be for alcohol, illegal ...-._.......... _ drugs OR prescription drugs NOT in the co -worker's name. Page 26 Supersedes Policy Number/Dated: 01/01/06 Policy Number 2-662 Approved by: Larry Brown Effective Date: 08/01/08 Attachment EHD 717.394.5681 or 1857 William Penn Way 800.544,7292 PO Box 11600 (F): 717.394.0842 Lancaster, PA 17601 ehd-ins.com Manage Risk. Maximize Performance. July 17, 2019 Re: High Concrete Group LLC — Bonding Capacity To Whom It May Concern: Engle-Hambright & Davies, Inc. (EHD) is pleased to be the surety agent for High Concrete Group LLC, a wholly owned subsidiary of High Industries Inc. We write the bonds for High Industries Inc. and subsidiaries through Fidelity and Deposit Company of Maryland/"Zurich American Insurance Company. Fidelity and Deposit Company of Maryland/Zurich American Insurance Company is licensed to transact business in Pennsylvania and is listed on the Federal Treasury List of Approved Sureties and has an A.M. Best Rating of A+. High Construction Company and subsidiaries have a single limit of $150,000,000 with an aggregate limit of $600,000,000. With that in mind, we would favorably consider a request from High Concrete Group LLC to provide bid, performance and payment bonds. These amounts are not limits but rather indications of what we have provided in the past. Higher limits are available if needed. Please note that the decision to issue performance and payment bonds is a matter between High Industries Inc. and subsidiaries and Fidelity and Deposit Company of Maryland/Zurich American Insurance Company, and will be subject to their standard underwriting at this time of the final bond request, which will include but not be limited to the acceptability of the contract documents, bond forms and financing. Fidelity and Deposit Company of Maryland/Zurich American Insurance Company assumes no liability to third parties or to you if for any reason they do not execute said bonds. We are proud to recommend this fine corporation to you. Should you require additional information regarding High Concrete Group's bonding program, please feel free to contact us. Sin erely '/ Sarah E.Jorda Bond Representative Z Zurich American Insurance Company (NAIC #16535) BUSINESS ADDRESS: 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056. PHONE: (847) 605-6000. UNDERWRITING LIMITATION b/: $638,519,000. UNDERWRITING LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: New York. Last modified 08109119 Contents MEETHIGH CONCRETE GROUP.........................................................................................3 TEAM ORGANIZATION CHART: ...... --- .......... ...... —................,............................,.,......., 4 The Springboro Team ....,.... .......... „....................... ......... ......... ,....,... 4 PROJECTEXPERIENCE ............................. ................ .......................... ..............,...,........... .. 5 EducationalBuildings ................................................. ......... ......... ......... , ........, . , ,.,...........,........... ,.... ..... 5 HealthcareBuildings. ....--. ......... - ..................... ................................................ .......... ......... 5 Government Buildings., .... ............ ......... .................... ,........ .,,....,..,....... 6 CommercialBuildings ......... ......... .... ......... ...,................. ..... ....... .,.w.............,... ..................6 CURRENT AND FUTURE WORKLOAD,,.,...... ........................................ ...,,. ,,.,.... .......7 1:::)1f JE II i,,,) 1 III,::° Ld............................. ........... ..,..,.........,..,... .................. .,...,,. .............8 MEET HIGH CONCRETE GROUP High Concrete Group combines innovation, proven technology, and over 50 years of experience as a precaster to give you the first-rate service, technical support, and precast products you need to bring your designs to life. The High Concrete Group plant in Springboro, Ohio, has been in operation since 1969. We provide the Concrete Innovations and Answers® you need at every stage of your project, together with the high -quality, high -value precast concrete solutions to meet your specific design, cost, schedule, and lifecycle performance requirements. High Concrete Group is located at 95 Mound Park Drive, Springboro, Ohio 45066. I E'AIM ORGAN L . "llilll 111 CHAIR IF: Phe Spflingboiiro"T au S P R I N G B 0 R 0, O H 1 0 ................................ , MATT MAHONSKI General Manager _..................... .................... — ---_..--------------- MIKE BURNS a . ... ... ............... .. . ... . . . Plant Manager . . . . ........... . . . . ............................. .. . . ..... AARON VNUK Sales Manager .. _ ............m,.... � _..... /i Senior Estimator G A R,,Y P'yBILL i /i� H .w High Concrete Group in Springboro currently employs 77 people with over 1,000 years of combined industry experience. Our employees live and work in the Miami Valley. IP I YIl:: � ,,,T,,, E I IIf:: F-1111ENCE Educational Buildings COMPLETED PROJECTS • Lorain South High School, Lorain, Ohio • Reading K-12, Reading, Ohio • Georgian Heights Elementary School, Columbus, Ohio • Contract Amount: $2,090,000 • Square Footage: 53,116 • Project Manager: M. Krebs • Completion Date: 9/30/15 • Design Assist • Contract Amount: $4,627,817 • Square Footage: 69,653 • Project Manager: A. Schnipke • Completion Date: 4/26/19 • Design Assist • Contract Amount: $825,000 • Square Footage: 25,869 • Project Manager: S. Saddler • Completion Date: 12/1/2012 • Design Assist • Eastland Career Center, Westerville, Ohio • Ohio University Central Food Facility Exp., Columbus, Ohio • Lorain South High School, Lorain, Ohio 0 Georgian Heights Elementary School, Columbus, Ohio Roosevelt University, Chicago, Illinois 0 Sinclair College UAS Training Center, Dayton, Ohio • OSU Medical South Campus Chiller Plant, Columbus, Ohio • Sinclair Building 14 Expansion, Dayton, Ohio • Reading K-12, Reading, Ohio PROJECTS IN PROCESS • Miami Valley Career Technology Center, Dayton, Ohio Greene County Career Center, Xenia, Ohio Healthcare Buildings •k • � •• • Miami Valley Hospital Heart Tower, Dayton, Ohio 0 Riverside Methodist Hospital Tower, Columbus, Ohio • Community Blood Center Tissue Bank, Dayton, Ohio • Christ Hospital OSC, Cincinnati, Ohio • Wheeling Hospital Tower 5 Addition, Wheeling, West Virginia • Mercy Hospital Anderson, Cincinnati, Ohio Mercy West Hospital, Cincinnati, Ohio 0 Mercy Jewish Hospital, Cincinnati, Ohio • Medpace Building 200, Cincinnati, Ohio 0 Tri Health Park Medical Office Building, Cincinnati, Ohio • Medpace Building 300, Cincinnati, Ohio 0 Mercy Health Headquarters Office, Cincinnati, Ohio • Medpace Building 700, Cincinnati, Ohio a NCH Livingston Ambulatory Center, Columbus, Ohio • Mercy West Parking Garage, Cincinnati, Ohio 0 Harrison Memorial Hospital Addition, Cynthiana, Kentucky • Mercy Hospital West Ambulatory Wing, Cincinnati, Ohio • Mount Carmel East Garage, Columbus, Ohio • Tri Health West Chester, West Chester, Ohio 0 Mount Carmel East Hospital, Columbus, Ohio PROJECTS IN PROCESS 0 TriHealth at Western Ridge, Cincinnati, Ohio • Government Buildings COMPLETED PROJECTS • MSD Wastewater Engineering Building, Cincinnati, Ohio • WPAFB I.T. Complex for Aeronautical Systems, Dayton, Ohio • Franklin County Corrections Center, Columbus, Ohio PROJECTS IN PROCESS WPAFB Storage Igloos, Dayton, Ohio Commercial Buildings COMPLETED PROJECTS • Proctor & Gamble (4 buildings), Cincinnati, Ohio • Eli Lilly Warehouse, Indianapolis, Indiana • Stewart Street Bridge, Dayton, Ohio • Ivy Pointe 2 — Office Building, Cincinnati, Ohio • Nationwide Cooling Towers, Columbus, Ohio • Intelligence "Office Building" (Legacy Pointe), Cincinnati, Ohio • Cleveland Casino Welcome Center, Cleveland, Ohio • Seapine Software, Mason, Ohio • Easton Town Center Garage "Macy's", Columbus, Ohio • Project 5153, New Albany, Ohio • Paycor Linden Pointe Campus, Cincinnati, Ohio • Anthem @ Oakley Station, Cincinnati, Ohio • Project Silverhawk, Harrison, Ohio PROJECTS IN PROCESS • Easton Town Center Midtown Garage, Columbus, Ohio • Project Turnstile, New Albany, Ohio • City of Cincinnati District 3 Headquarters, Cincinnati, Ohio • WPAFB HPW, Dayton, Ohio • Rental Car QTA Facility, Louisville, Kentucky • Honda Heritage Center of Excellence, Marysville, Ohio • The Music Center at the Heights, Huber Heights, Ohio • Fifth and Race Street Development, Cincinnati, Ohio • Ohio National Financial Garage Addition, Cincinnati, Ohio • Marathon Sandusky Street Parking Garage, Findlay, Ohio • Summit Woods 4, Cincinnati, Ohio • Rickenbacker International Airport ATCT, Columbus, Ohio • Marathon Petroleum South Garage, Findlay, Ohio • RBM Hotel, Cincinnati, Ohio • Two 25 Commons, Columbus, Ohio • Cincinnati Sub Zero, Cincinnati, Ohio • Lexington Convention Center, Lexington, Kentucky • Easton Town Center Midtown Garage, Columbus, Ohio WORKLOADCURRENT AND FUTURE www.highconcrete.com Illesterville, Ohio p ,r ,p- ,_M,c)tR THE OHIO STATE UNIVERSITY I CHILLER PLANT Columbus, Ohio ��,,..,r i i' 6/1AFMTIAON-1 !30UTH ("AARAGE I Firicflay, Olhk) 4W 37,132 sq'It 27 PiecesI3,333 sqft Columbus Ohio 216 Pieces 142,608 sqft UNIVERSITY OF CHICAGO MEDICAL CENTER Chicago, Illinois 236 Pieces 167,365 sqft COMMERCE CENTER — PART II REQUIREMENTS HIGH CONCRETE GROUP LLC SECTION II: 1. Site Logistics Plan attached within this section. High Concrete will staff the project with a full-time superintendent -type person that will be able to troubleshoot any problems, work with scheduling deliveries and act as the liaison between the erector and contractor. At some point during the project, another High Concrete employed individual (or sub) will begin work to patch the precast as needed until the completion of the project. a. For the Erection Subcontractor, which is currently an alternate'to the base bid, they might have multiple crane and crews on site to facilitate the erection schedule from April 2020 thru October 2020. Their typical crew ranges in size from 6-8 workers per crew. 2. Names and addresses of contractors on public works projects: a. Ben Hur Construction Co., 2120 Montcalm, Indianapolis, IN — Erection b. SOFCO Erectors, 10360 Wayne Avenue, Cincinnati, OH - Erection c. Dalton Protection, Inc., 706 W. Xenia Drive, Fairborn, OH —Joint Sealants d. RAM Construction Services, 4710 Ashley Drive, West Chester Township, OH 45011 3. For the base bid, the only subcontractor required for our work will be the hauling / shipping of the precast. That subcontractor will be Yowell Transportation Services, Inc., 1840 Cardington Road, Moraine, OH 45409 a. If the alternates are accepted, High Concrete can provide all subcontractor information as requested prior to contract approval 4. Multiple trailers, tractors, plus labor and equipment to make the product, too numerous to list all supplies as a manufacturing facility. 5. Yes, we have entered in direct contracts for shipping (Yowell), rebar and mesh suppliers, steel suppliers, aggregate suppliers, cement suppliers, etc. We have a separate purchasing department that handles all contracts with these vendors. f 64l6 Bb! G[B [Gl1559L1C :_ " _ bozsb ral'�noae�aln�l oalms leeus owoaocs VNVIONI `ON39 H.Lnos 0 "' I` lae7l D I a H V 1. .O ,s x xe v mxam _ •oQ s nauo s oaomwinrt inx NOIlOf1H1SN00 Wl3HlIM 1N3WdOl3A30 3sn-O3XIW H31N33 33U3WWOO N Id E)Nlaves (� dmW4'!! AM1 'OYSAI6.4k'6N +�a�iPJ 44 f F v�nrvi31Nf"..' g�s�g� a knk�k aMS , T b :ts'aa 'a ;,s1.aarc,"ws..saa-'mc`am. • A" k D z I " �ccn L 9. @ y tl N r^ tl ms gaq oS u d 1 r J O y J I H i I V I I I wq,ui A I „r >..I .... .t e 1� tt'P 11 11 I > N "y'"� y e✓' M I w s ! p yq k I 0 W a O z COMMERCE CENTER — PART II REQUIREMENTS HIGH CONCRETE GROUP LLC SECTION III: 1. Post -bid, High Concrete will provide financial disclosure upon City of South Bend signed non -disclosure agreement Non -disclosure Agreement This Agreement is made and entered into this _ day of 2018 by and between High Industries Inc. (hereinafter referred to as "High"), and (hereinafter referred to as "X"). High and X are sometimes hereinafter individually referred to as "party" and collectively referred to as "parties". X is evaluating the financial condition of High as a subcontractor (hereinafter referred to as "the Discussions"). For the Discussions to be successful, X has requested that High provide certain financial information which High considers to be Proprietary Information (as that term is used below). High is willing to release the information to X on the condition that the Proprietary Information remain confidential and only be used as described herein. In consideration of the mutual promises contained herein and intending to be legally bound hereby, the parties agree as set forth following: All financial information (including without limitation financial statements, analysis, etc.) disclosed or furnished by High to X shall be deemed Proprietary Information. X agrees that it shall not disclose such Proprietary Information to any third party except to its advisors who have a need to know and from whom X will require confidentiality, nor use such Proprietary Information for any purpose other than in relation to the Discussions. X's duty to protect the confidentiality of Proprietary Information disclosed under this Agreement shall continue for three years after the date of the disclosure. X shall protect the Proprietary Information in accordance with the terms of this Agreement and by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Proprietary Information as X uses to protect its own confidential information of a like nature. Notwithstanding the provisions of Paragraph 1 above, X shall have no obligations with respect to any information which (i) is or becomes within the public domain through no act of X in breach of this Agreement, (ii) is received from another source without any restriction on use or disclosure; or (iii) High approves in writing to be released. 4. This document contains the sole and entire Agreement between the parties relating to the subject hereof and any representation, promise, or condition not contained herein, or any amendment hereto shall not be binding on either party unless set forth in a subsequent written agreement signed by an authorized representative of the party to be bound thereby. This Agreement shall apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchange. Entered as of the day and year first above written by the duly authorized representatives of the parties. High Industries Inc.. By: By: