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Opening of Bids - 2019 Demolitions, Phase 2 Project No 117-079 - Indiana Earth
Ili" .r CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2019 Demolitions, Phase 2 Project No. 119-079 For Bids Due October 22, 2019 PART I (Must be completed for all bids. Please type or print) Date: Bidder (Firm): 3`., c�,'w ,, k , 4- t, � Address: �G� Tele hone Number: c City/State/Zip:�s c�u / .�,,,� f / p 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: d p_ r . the City of South Benda Indiana, in accordance with plans and specifications prepared by: of and datedr M t7 - for the sum of (enter the Total Bid as shown on theProposal) r z L $ o/ , c7 (Enter sum of Total Base Bid plus Alternates shown on Pr po (Numerical) 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. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of So ld,enI thbid is to be awarded on a unit basis, the itemization of the units shall be shown on a sec ttta m t°' By 4..r ,- I ' ers ° (Prlinted ame of Person Signings 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 Elizabeth A. Maradik, Member Therese J. Dorau, Member .......................... Laura L. O'Sullivan, Member Attest: Linda M. Martin, Clerk Version 4/2/2019 Contractor's Bid for Public Works - 2 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2019 Demolitions, Phase 2ra ...._ .... Wu v „ Project Number: 119-079 For Bids Due: October 22, 2019 1865 Contractor Name: -IT,, J , .- . DIVISION A Item No. Description Asbestos Abatement I-S) Demolition S Total Amount A-01 Demolition of 716 Patterson Dr. $0.00 $ t 41t Ooo $ House, Garage and Fence , 07 Demolition of 1121 Oak Park Ct. A-02 House and Fence $s� S` O� $ N,00o oo $ I q i S **Duct Wrap A-03 Demolition of 2117 S St Joseph St. $0.00 $ o0 $ 18 Uo. (J:) House and Fence Demolition of 222 E Haney Ave. A-04 House, Shed and Fence *"`Window $'� a� `Da $ 5� J' $a ��' Glaze, Exterior Siding, ) � � Floor Cover, Duct Wrap A-05 Demolition of 1616 Warren St. $0.00 $ / 3 cam, u� $ House, Gara a and Fence , Demolition of 1327 W Sample St. A-06 House and Garage _ $ sa s . ( $ !14, av, vJ $ �-il•5701,51O **Duct Wrap A-07 Demolition of 606 Dundee St. House, Garage and Fence $ $ 000. $ l d,,SdS , U **Floor Tile A-08 Demolition of 114 N Illinois St. $0.00 $ l 1 v �7 $ �, U�. House, Garage and Fence 0. A-09 Demolition of 3805 W Jefferson Blvd $0.00 $ id v,o . $ House, Shed and Fence , A-10 Environmental Allowance - - $10,000 DIVISION A TOTAL/�5�.p w_ �'� "DENOTES HOMES WITH ASBESTOS MATERIAL. VERIFY WITH INSPECTIONS & REPORTS FOR PROPER DISPOSAL. DIVISION B Item No. � Description Asbestos Abatement LS Demolition LS Total Amount B-01 Demolition of 130 N Olive St. House and Fence $ 0.0 $ ' db0.(,-0 $ /71 ISMco **Pipe Wrap,Duct Wrap B-02 Demolition of 1317 Linden Ave House, Garage and Fence $ 00o. 00 $ boa$ 01, ox, 010 "*Duct Wra ' 'w Demolition of 1121 Birner St. B-03 House and Fence $ 5`b, Uo 1 $ 18,1M. 03 $ VS-O. (X Duct Wrap, Duct Tape Demolition of 515 Allen St. B-04 House and 2 Garages $ SO ^1 $ boo $ �d �Osv,ct **Duct Tame, Duct Wrap " 1 Version 4/2/2019 Contractor's Bid for Public Works - 7 BID/PROPOSAL,�,�� CITY OF SOUTH BEND`" Project Name: 2019 Demolitions, Phase 2 n , Project Number: 119-079' For Bids Due: October 22, 2019 Contractor Name: DIVISION B B-05 Demolition of 519 Scott St. House and Fence **Pipe Wrap Up,C $ -o 13) 7oa,u. $ aS-, &�o, Demolition of 718 Allen St. B-06 House and Fence **Cold $ I alj c.cjj $ 1.5, VL $&,aSO o0 Air Wrap, Duct Wrap, Duct Ta e B-07 Demolition of 723 Blaine Ave $0.00 $ � 3, 7b $a�j 7o• House, Garage and Fence •t),) B-08 Environmental Allowance - $10,000 DIVISION B TOTAg � 5 C OM. . - —DENOTES HOMES WITH ASBESTOS MATERIAL. VERIFY WITH INSPECTIONS & REPORTS FOR PROPER DISPOSAL. ASBESTOS ABATEMENT UNIT PRICING (required for all bids) Item No. Unit Pricing if Required Unit Add Per Unit Price Removal, Management, and Disposal of Linear Feet $ Duct Tape Material ContainingAsbestos Removal, Management, and Disposal of Square Feet $ / Duct Wrap Material Containing Asbestos Removal, Management, and Disposal of Ill. Floor Tile and Mastic Material Containing Square Feet $ ` Asbestos IV. Removal, Management, and Disposal of Square Feet $ �(pj Plaster Material Containin Asbestos Removal, Management, and Disposal of V. Corrugated Sheet Material Containing Square Feet $ uJ Asbestos Removal, Management, and Disposal of VI. Attic Insulation Material Containing Square Feet $ 0J Asbestos Removal, Management, and Disposal of VII. Transite Siding Material Containing Square Feet $ 6,60 Asbestos Bidder (Firm): Z Address: to. ,-" I r✓1 Cit /State/Zi .- p ,g7 4 y p:.� - /"Cale hone Number: Version 4/2/2019 Contractor's Bid for Public Works - 8 BID/PROPOSALrrrra CITY OF SOUTH BEND Project Name: 2019 Demolitions, Phase 2 Project Number: 119-079 , For Bids Due: October 22, 2019w,w Contractor Name:, E. µ B` Y (Signature) y "'1 a,r a54c (Printed Name of Person Signing) Version 4/2/2019 Contractor's Bid for Public Works - 9 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF✓✓ ) SS: J-:*,w COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 4/2/2019 Contractor's Bid for Public Works - 4 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).1 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 4/2/2019 Contractor's Bid for Public Works - 5 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 tfiis — A -A— day of f , 20 � 11111�s�trJJ �1r% I4na E -r �19 ,ot1ltC"auto Cie' I'I' SEAI- Signature of Contractor/Bidde or Its Agent Printed Name and Title Subscribed and sworn to before me this day of Ac 20_... My Commission ExpiresAA� 0 ItcAary Public 6,- County of Residence w - z m Version 4/2/2019 Contractor's Bid for Public Works - 6 11kAIA Document A310T"' 2010 : r : Ir IJ CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Indiana Earth, Inc. of business) 10343 McKinley Highway North American Specialty Insurance Compa his document has important legal Osceola, IN 46561 650 Elm StreetManchester, NH 03101 consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of South Bend modification. 227 West Jefferson Boulevard Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) 2019 Demolitions - Phase 2 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions co rorining to such s atutory or other legal requirement shall be deemed incorporated herein. When so furnished, intent is that this/6ond shall be construed as a statutory bond and not as a coint9wow bond. Signed jtfid sealed this /22ndl day of October 1V✓ 9 (Witness) (Title) North J Insurance (Title) homas O. Chambers, Attornev-in-Fact (Seal) AIA Document A310- — 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents• ,I -mail The American Institute of Architects' legal counsel, copyright@aia,org, ocilio SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: THOMAS 0. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9's of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." t Ytku �trrJaJt a�yi tiJtr� By,. SEAL Slevtn l". Andrwgoa„SeuYoe'4Y4e PneyHdaWp&o4"1Ya�e8kldpAlan lnlernatlanal lnforaoce Company "R},+' y'EL°': �rq � 4� & Senior Vice Praldeal orNonh American Speclaltylmurance Company a r y q+'AINp"'• �* a�"6Pney as n ml'S.m- oa aWel'dgY ..��,.. Michael A.IEo, rp`ua1•Io,toraapcm aiwupaoy & Senior Vice Praideal of Norih American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1 Ith day of April 2018 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss` On this I Ith day of April 201g before me, a Notary Public personally appeared + evelr P,, Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael. A I o Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFF'IO& SFAt Id.I1,EN1 Y M. Key, ry N4xtmuy PutdY¢ • Stale pll'glCinrh JrJy unumtas6pn tslrYdss nny, Nota Public i 1 JidgYrrb'y! ._. I, IgffrevGoldbcrg , the duly elected Aisigggi SocrotaDLNorth American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this22nd day of October , 2019 Jeffrey Goldberg, Vice President & Aninam Secmlmy of Wmhington International Insumna Company & Nanh Ameriam Speciahy Insumoce Company STATE OF WISCONSIN ) COUNTY OF Racine ) ON THIS 22nd day of October 2019 , before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the North American Specialty Insurance Company , a corporation of I New Hampshire , created, organized and existing under and by virtue of the laws of the State of New Hampshire ; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Jac I a Sheldon Notary Public, Racine County, Wisconsin My Commission Expires 2/13/2023 ,o r �r U, a 1316 COUNTY -CITY BUILDING Y PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD FAx 574/ 235-9171 SOUTII BEND, INDIANA46601-1830 180 TDD 574/ 235-5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD F PUBLIC WORKS Date: October 18, 2019 To: All Planhol.�..... denss From Linda M. Martin Clerk, Board of Public Works ..m ...._. Y... _._ _ ��_.�.....0 ....a. Subject Addendum _Numb_er: 1 Project Name: 2019_Demolitions, Phase 2 Project Number: 119-079 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Authorized Signature: Date: �-- Version 4/2/2015 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK,' CHECKLIST FOR BIDDERS Project Name 2019 Demolitions, Phase 2 Project No. 119-079 For Bids Due October 22, 2019 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MBE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted ✓ Form [MWBE-2.1]. Acknowledge Receipt of I Addendum(s) included with the bid,. All required additional information is included with the bid. ` Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. t�l This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: �,, G , A , -_X ti C_ Date: /0 — C2/ -- / S By Authorized Representative: , /I A r (� Signature: Print Name & Title: ) 1 Version 4/2/2019 Contractor's Bid for Public Works - 1 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 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 4/2/2019 Contractor's Bid for Public Works - 3 } H w w N a� 0w� c� mw0 a w H 0 z w C OmaO vLU 2> Ow �0 G z a 0 z_ 9 N O = +� m R E .a O mL. 0. >, w m`0 w m � O C W O O *a > m C C> N V � d r 'O a V � a Y +y+ O d Ww M IL 'y m� 0 0 OL- y O 0 c O '£ C 'O $ V N m= a >, v � -a*.- ms 3 m > 0. =i:, U! _ d � 'VJ O 0 QW t N Sp O 0 d � m 20 r d � dam._ 0 L d N LA C H = 0 Ni rn 0 N ai E m Z U aD 0- IL ^may u 0 �o 0 CD W j m N d W m 2 0 E Q m <Fu 0 H 0)- O N \ �� C O O O� a m O a Qw `m m 0 �m a� U m a N m a o (D y a ca a a) a) a) a� o T O m or QN U N 0 P� N � J � 0 Q � i 0 IL `o a° U aa) 8 cR r f fd z E �F E ? 7' a � a W LU 0> d m a a Q � 3 06 E 1 J 4 Z M 7 cn N N Z C d Rh 0 N N �h C 0 CITY OF SOUTH BEND � WVTJf &A:t. MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY a DEVELOPMENT PROGRAM FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS 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: 119-079 Date: 10 .1 c Project Name: 2019 Demolitions, Phase 2 Bidder:,-��n— Contact Person: Telephone: Address: C7 _.Lk, 14 A . City: i�� a� State: ✓1� Zip: Email: T-k'k,1,,: I C c �4e,, icW To determine whether a bidder has demonstrated good faith eforts to reach the MBENVBE 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 MBE/WBE 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 (http://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: 'cT © Attend all pre -bid meetings scheduled by the City to inform MBENVBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBENVBEs reasonable time to respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBENVBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 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 MBENVBE 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 MBENVBEs, including providing such MBENVBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBENVBEs 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 MBENVBEs in order to increase the likelihood of meeting the MBENVBE goals (including breaking down contracts into smaller units to facilitate MBENVBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBENVBE 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 MBENVBE 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 4/2/2019 Contractor's Bid for Public Works - 11 CITY OF SOUTH BEND, " MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM f�i pd d 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 OF Project Number: 119-079 MBE/WBE Participation Goal 006 Project Name: 2019 Demolitions, Phase 2 MBE/WBE Firm ' J.- Owner or Contact at MBE/WBE Firm eje, Telephone: 7 y a 3 y_ �� Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: --- RESULTS OF CONTACT WITH THE MBE/WBE FIRM: MBEM/BE Firm Owner or Contact at MBE/WBE Firm r �(, Telephone: _ coo 7� Fax: Email: 7� TYPE OF WORK SOLICITED FOR THIS PROJECT: r, k—" RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Version 4/2/2019 Contractor's Bid for Public Works - 12 INDIANA EARTH, INC. 10343 MCKINLEY HWY OSCEOLA, IN 46561 Section 1 Public Projects completed: 1) Northwood High School Phase B — Nappanee, IN $168,900 Spring 2018 2) Excavation & Utility CR 38 — City of Goshen, IN $2,491,277 Spring 2018 3) Utility — Nappanee WWTP, Nappanee, IN $519,020 Summer 2018 4) Northwood High School Athletic Center, Nappanee, IN $1,233,500 Fall 2018 5) Excavation and Utility — Penn High School $219,400 Summer 2018 6) Excavation and Utility —Concord High School $451,100 Summer 2019 7) Excavation and Utility — Warsaw High School $612,400 Summer 2019 8) Excavation and Utility —Central Park $70,700 Fall 2018 Public Works in Process: 1) Excavation and Utility — Laporte Intermediate School $1,531,400 Spring 2019 2) Excavation and Utility — Howard Park $1,923,700 Summer 2020 3) Excavation and Utility — 320 at the Cascade $189,000 Summer 2019 4) Excavation and Utility— Elkhart High School $189,700 Summer 2020 5) Excavation and Utility— Lakeville, IN Fire station $140,300 Fall 2019 6) Demo, Excavation and Utility— Performing Arts Center $364,100 Summer 2020 7) Excavation and Utility — SR 120, Howe, IN $300,000 Summer 2020 8) Prime Contractor —Western Ave, South Bend, IN $2,600,000 Fall 2019 9) Excavation and Utility — Goshen High School $170,000 Summer 2020 Completed all work awarded to our firm. References of Private Firms 1) Rieth Riley Construction 574-288-8321 2) Gibson Lewis LLC 574-259-8581 3) Larson Danielson 219-362-2127 4) Holladay Group 574-234-2073 5) Robert Henry Const. 574-232-2091 Section 2 Plan of proposed work 1) Remove asbestos 2) Demo house, slab and footings 3) Backfill basement if necessary 4) Clear lot of brush, tree's and topsoil 5) Place topsoil 6) Seed Subcontractors Utilized on Past Projects 1) Hydroseed _ Osceola, IN, Hydro seeding 2) HydroTek —Nappanee, IN, Hydro seeding 3) Weaver Boos —South Bend, IN, Compaction Testing 4) Bob's Landscaping —Granger, IN, Sodding 5) New Frontiers Landscaping— IUSB West Parking Lot 6) JPR—South Bend, IN, Surveying 7) Rieth Riley —Goshen, IN, Paving 8) Martell Electric— IUSB West Parking Lot Subcontractors to Utilize on this Project — Possible subs listed, will determine prior to contract approval 1) Clean Air Environmental Service List of our Equipment Owned: 1) 29 Excavators 2) 6 Dozers 3) 7 Dump Trucks 4) 2 Semi Trucks with dump trailers 5) 6 Rollers 6) 6 Loaders 7) 6 Skidsteers 8) 2 Off Road Haul Trucks 9) 2 Man Lifts 10) 1 Vermer Vac Truck 11) Eagle Crusher We have received pricing for services and materials by potential subcontractors. CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name 2019 Demolitions, Phase 2 Project No. 119-079 For Bids Due October 22, 2019 Contractor Name: 11L 6 e.., 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 31 st 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 5/16/2019 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 5/16/2019 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. 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 (ie. 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) 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. (iii) 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. (iv) For every project, submit 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. Version 5/16/2019 General Conditions - 8 II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) _Z By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) _LZ- 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) 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 any time and shall be furnished upon request. (iv) 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) Attachment�r (i) 7 (iii) Indiana Secretary of State's on-line records (ie. 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). List identifying all former business names. 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) 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. 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. For every project, submit 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. �/ 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. 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 5/16/2019 General Conditions - 9 (ix) 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) 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: `ry (Sign Here) I t I00re ; d (Print Name Here) (Name of Company) GO gLi I &rlfalk (Address of Company) USCe.g � (City) (State) (Telephone Number) Version 5/16/2019 General Conditions - 10 JI Illy /F F Building Pre -qualification checklist items: • Indiana Earth, INC has no former business names. • Indiana Earth, INC has had no determinations by a governmental agency of any violations. • Indiana Earth has the crew and staff to complete this project. • Those that work on this project will be employees of Indiana Earth or of a hired subcontractor which are under all applicable state and federal laws and local ordinances. • Operators and Laborers drug screening are through the BCRC Building Construction Resource Center at BCRCNET.com. • Teamster's drug screening are performed during pre -employment and by random through Figment Group with quarterly random requirements. a Indiana Earth, INC has no current tax liens. • Projects similar to this one. o County Road 38 o Nappanee Waste Water Treatment Plant o St Mary's College o Northwood High School o Warsaw High School o Laporte Intermediate School o Concord High school o Penn High School o Central Park in MiShawaka o Toll Road Plazas of Howe, IN o Toll Road Plazas of Elkhart, IN o Penn High School o Howard Park o Tdll Rd Administration Building o Kalamazoo Natatorium Demo 10343 McKinley Hwy. • Osceola, IN 46561 # (574) 674-6488 - FAX (574) 674-6480 Business Name: INDIANA EARTH, INC. Entity Type: Domestic For -Profit Corporation Creation Date: 03/22/1990 Principal Office Address: 10343 MCKINLEY HWY., OSCEOLA, IN, 46561- 9756, USA Jurisdiction of Formation: Indiana BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 05/24/2019 01:45 PM Business ID: 1990031137 Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 03/31/2020 Date: Years Due: Title Name Address President MARK L OSLER 10343 McKinley Hwy., Osceola, IN, 46561, USA �,i% //,/aye / rr ///�„� �l!/ a�%� i/„ i/O, / ,//i.//,/i /i/,.lGi ,./iii/%i1 ////,i%/% , it !�/ / ,� !///f✓ �i// ,,.. .,«,«v�„�o�„�.,..�,..�.....�.�,c,�..�».,.�/,.,,.,�,,,,.,...�.,..�r �i�M�.�,G...L..�.�„�w..u. h.,.,�✓ .,�,�a„�,..�,.,, .�»�,�s ,µ,me„���r�.. Type: Individual Name: MARK OSLER Address: 10343 MCKINLEY HWY., OSCEOLA, IN, 46561- 9756, USA Section 5 - VACATION FUND Effective May 1, 2014, each Employer bound liereby shall add on one dollar and zero cents ($1.00) per hour for each hour wages are received by an. employee covered by this Agreement and remit same to the Local 150 1-UO.E., Vacation Savings Plan, Effective May 1, 2015, each Employer bound hereby shall add on one dollar and zero cents ($1,00) per hour for each hour wages are received by an employee covered by this Agreement and remit same to the Local 150 W-OZ, Vacation Savings Plan. Effective May 1, 2016,each Employer bound hereby shall add on (TBD) per hour foreach hourwagesare received by an employee covered by this Agreement anti remit same to the Local 150 W.O.E., Vacation Savings Plan. Each ErnPloyerbou lid herebYirrevocablYaPPoints as li is representative on the Board of Trusteessurh 'Trustees as are names in the Agreement and Declaration of Trust as Employer Trustees and their successors duly appointed as therein set forth, and agrees to be bound by all the terms and provisions of the Agreementand Declaration ofTrUst, Local 150 1,UO,F,, Vacation SaViTlgS Plan, and all amendments heretofore or hereafter made thereof, as though the same were fully incorporated herein. Payments accompanied by monthly reports on forms provided for same are due in the Vacation Savings Plan Office at 6150 Joliet Road, Countryside, Illinois 60525, not later than the tenth (10th) day of the following month for the preceding month. Report forms are available atthe above address. However, if payment is not in by the twentieth (20th) day of the month, it shall be considered a violation of this Agreement and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection. Additional information and Employer code numbers can be obtained in the V 6150 Joliet Road, Countryside, Illinois, 60525. ARTICLE XI D, SEC<0jN j1- APPRENTICESHIP —) SHILL IMPROVEMENT FUND P A 'eed'ApprenticA * and Skill Improvement Fund has been created and is kIloWn-as-t4ie-QpereM—g-"" Engineers Local 150 Apprenticeship Fund. Effective May 1, 2014, the Employershall pay one dollar and thirtycent.s ($1.30) per hourfor each hour wages are received by the employees covered by this Agreement into the aforesaid Apprenticeship Fund, Effective May 1, 2015,the Employershall pay one dollar and thirty cents ($1.30) per hour for each hour wages are received by the employees covered by this Agreement into the aforesaid Apprenticeship Fund, Effective May 1, 2016, the Employer shall pay (TBD) per hour for each hour wages are received by the employees covered by this Agreement into the aforesaid Apprenticeship Fund. It is understood and agreed that the Employer shiall be bound by the terms and provisions of the Agreement and Declaration of Trust of tile Apprenticeship Fund, and all amendments heretofore or hereafter made thereto, as though the sarne were fully incorporated herein, 30 Four County Highway Contractors Group FINAL DFagaii.jSorensen.jValles.jGardner C---r / IULY 17, 2014 U The EITIP I Oyer furtheragrees to be bound by the terms of the Apprenticeship Staridird�5establislie,d by the joint AppretiticesliP"rraiilingCor-nrTijttee of the Northern Illinois and Northern I ndianaAppr Skill Improvement Program, as approved by the United States Department Labor-, Bureau of Apprenticeship Training, prenticeship The Apprenticeship Fund has been established and shall be administered in accorance Management Relations Act of 1947, as amended and all other applicable Federal and StatedLaws.with the Labor accompnjeU_FY—M-03711-mly reports on orms provided by same are due in the fund office at 6150 Joliet Road, Countryside, IL 60525 no later than the 10th day of the following month for the preceding month. Report forms are available at the above address. However, if Payment is not in by the 20th day of the month, it shall be considered a violation of the agreement. Contributions to the'aforesaid Apprenticeship Fund shall not constitute or be deemed wages due to the employee, Effective May 1, 2014, the Parties recognize that individuals employed by corporations/Employers who are party to this Agreement may perform Froth bat -gaining unit and non -bargaining unit work. Certain of these employees receive compensation in such a manner that it is difficult to determine for pu rposes of fringe benefit contributions the precise number of hours which are spent performing bargaining unit work, It Is therefore agreed that when an employee who is employed by a corporalion/Eyer, Performs both barg non -bargaining unit work and who: mplo . aining Unitand A. Is a shareholder, officer an d/ordirectorof the corporation/Employer, or B. Is a 15 % or greater, owner of an LLC or the equivalent thereto; or C. Is a relative (father, mother, son, daughter, brother, sister, husband, wife, in-law) of a shareholder, officer and/or director- of the corporation/Employer, the bargaining parties have agreed that any shareholder/relative reporting under this clause must report one hundred thirty-five(135) hours per month twelve(12) monthsj year, irrespective oftheaniount of work they perform or the amount of compensation they receive in any individual month. Contributions are due by the 10th day of the preceding month for which the Employer- is reporting, The Employer may elect to report on the basis of actual flours worked per month provided hours reported are in excess of one hundred thirty-five (135) hours each month. Hours reported inexcess ofonehundred thirty-five (135)hours are reported on the Employer's regular remittance report due by the 10th day of the following nlonth, The Employer shall be required to make contributions on behalf of such employees for at least a minimum Ofone hundred thirty-five (135) hours per month or, at the employee's election, actual hours worked in a month if greater than one hundred thirty-five (135). Corporate officers, shareholders and their children will be exempt from this provision when they operate equipment doing bargaining unit work during an emergency such as fire, flood, or to save life or property. 'Pile sole liability Of the Employer to the Apprenticeship Fund shall be the Payment of hourly contributions as set forth in this Article, provided, however, that nothing herein shall be Interpreted to release the Employer from its obligations under the Apprenticeship Standardsas set forth above and shall be liable for contributions due, liquidated damages, interest, and any other cost Of collection, 31 Four County Highway Contractors Group FINAL DFagan-isorensen.jValles.jGardner JULY 17, 2014 MICHIANA BUILDERS ASSOCIATION CONTRACTORS LABOR AGREEMENT WITH LABORERS" LOCAL UNION #645 EFFECTIVE JUNE 1, 2017 thru MAY 31, 2020 L occurring on derailments, including all clean-up and repair in connection therewith which may be performed by the Employer. (g) All maintenance, rehabilitation, track removal and other work that may be performed for the railroad companies and transit commissions and/or transit authorities on their properties, or on public and private properties, including relocation of existing tracks where such relocation of tracks are not in connection with buildings, highway, heavy or engineering projects. (h) It shall also include all new Construction in conjunction with a building, highway, heavy or engineering project on all railroad transit commissions, transit authorities, public or private owners of such facilities. (i) It shall include railroad construction where rails are laid to a new facility to service same, whether new or used materials are used. Wage Rates listed herein shall apply.. CATEGORY IX — Apprentices — Mandatory Apprentice Language Section 1. New applicants for employment who cannot provide reasonable proof of 4,000 or more hours of employment as a Construction Craft Laborer (or, alternatively, cannot demonstrate equivalent skills in a placement examination administered by the Joint Apprenticeship and Training Committee (JATC) shall, whenever possible, enter the Apprenticeship program. Any person entering but failing to maintain and complete his or her Apprenticeship shall not be employed by the Employer as a Journey Worker under this Agreement. The failure of any Apprentice to maintain his or her Apprenticeship status shall obligate the Employer to discharge such person upon notice from the Union. Section 2. The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby incorporated by reference as a part of this Agreement. Seect� a�T. The Apprentice wage rates: Hours of Credit Wage Rate 1 st period 0-1000 hours 75% of journeyworker rate 2nd period 1001-2000 hours 85% of 'ourne orker rate J Yam' 3rd period 2001-3000 hours 90% of journeyworker rate 4th period 3001-4000 hours 95% of journeyworker rate Section 4. Entry into the Apprenticeship program shall be controlled by the JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one 27 z hours -of credit and wage -rate category to another only upon determination of satisfactory performance by the JATC, which shall have the authority to grant accelerated credit where warranted by the performance of an individual apprentice. Section 5. The Employer shall participate in the Apprenticeship program by accepting Apprentices for employment upon referral by the Union. The Employer is not obligated to accept more than one (1) Apprentice for every five (5) Journeyworkers commencing with the sixth Laborer employed. Section 6. The Employer may not employ an Apprentice until at least one Journeyworker is employed and thereafter may not employ more than one (1) Apprentice for every additional three (3) Journeyworkers. Section 7. An Apprentice should, whenever possible, be rotated by the Employer through different types of work so as to become trained in a variety of operations and work skills. Where the Employer is unable to provide an Apprentice with experience in the full range of craft skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the apprentice from job to job but shall notify the Local Union and JATC of all reassignments. Section 8. An Apprentice shall not be penalized for taking off from work to attend offsite training (though time off for training is unpaid). ARTICLE XXIX BONDING Section 1. Every Employer who employs members of the Union and agrees to be covered or maintain the provisions of this Agreement may be required by the Union to give a surety bond payable to the Laborers Benefit Funds to insure the payment of fringe benefit � bligation accruing under this Agreement. The Employer shall furnish a surety bond as prescribed below within fourteen (14) days after notice from the Laborers Tinge Benefit Funds that such is required. The amount of the surety bond shall be as follows: �w. F 1 through 10 men-----------.'20,000.00 at 15 men ---------------------- $30,000.00 at 20 men ---------------------- $407000.00 W � at 25 men ---------------------- $50,000.00 W at 30 men ---------------------- $60,000.00 spy/ i Section 2. The Fringe Benefit Funds may require an Employer to give the cash deposit provided herein if at any time: (1) the Employer has been late fifteen (15) days or more in the payment of any of its monetary obligations under this agreement; or (2) the Employer has been 28 5 �.5 5/24/2019 Surety Bonds - List of Certified Companies UNDERWRITING LIMITATION b/: $6,296,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MID, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Illinois. (NAIC #14788) BUSINESS ADDRESS: 55 WEST STREET, KEENE, NH 03431. PHONE: (904) 380-7282. UNDERWRITING LIMITATION b/: $98,934,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, W I, WY. INCORPORATED IN: Florid NORTH AMERICAN SPECIALTY INSURANCE COMPANY (11� i-, ��' (NAIC #29874) BUSINESS ADDRESS: 1200 MAIN STREET, SUITE 800, KANSAS CITY, MO 64105. PHONE: (913) 676-5200. UNDERWRITING LIMITATION b/: $23,900,000, SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MID, MA, MI, MN, MS, MO, 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 Hampshire. NOVA Casualty Company (NAIC #42552) BUSINESS ADDRESS: 440 LINCOLN STREET, WORCESTER, MA 01653 - 0002. PHONE: (508) 853-7200.. UNDERWRITING LIMITATION b/: $8,858,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, https://fiiscal.treasury.gov/surety-bonds/list-certified-companies.htmi#s 56/90