Loading...
HomeMy WebLinkAboutOpening of Bids - Martin Luther King Jr. Center Demolition Proj No. 121-066 - C & E Excavating, Inc.CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Martin Luther King Jr. Demolition Project Project No. 121-066 For Bids Due December 13, 2022 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 MNVBE Utilization Plans [MBE -1.0 and WBE-1.0]. Also provide Evidence of Good Faith Efforts Forms [MBE -2.0 and WBE-2.0] and M/WBE Contacted Forms [MBE -2.1 and WBE-2.1 ]. Acknowledge Receipt of #1-3 Addendum(s) included with the bid. ✓ All required additional information is included with the bid. l/ Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. 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: C & E Excavating, Inc Date: 12/13/22 By Authorized Representative: Signature:=— Print Name &Title: Thad BessinC��Ce Version 09/29/2021 Contractor's Bid for Public Works - 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Project No. For Bids Due Martin Luther King Jr. Demolition Project 121-066 December 13, 2022 PART I (Must be completed for all bids. Please type or print) Date: 12/13/22 Bidder (Firm): C & E Excavating, In - Address: 53767 County Road 9 City/State/Zip: Elkhart, IN 46,914 Telephone Number: ( 574 ) _ Agent of Bidder (if Applicable): Thad Be5.5inger Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Martin Luther King Jr. Demolition Project PN:121-066 --- the City of South Bend, Indiana, in accordance with plans and specifications prepared by: VSEnaineering and dated 11/8/22 for the sum of (enter the Total Bid as shown on the Proposal) Two hundred seventy-eight thousand, eight hundred seventy-five dollars and no/100 _($ 278,_875.00 (Enter sum of Total Base Bid plus Alternates shown on Proposal) (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 South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a se to attachment. By - - ]n�n�riur� Thad Bessinger, President (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member 20 Joseph R. Molnar, Vice President Jordan V Gathers, Member Attest: Theresa Heffner, Clerk Version 09/29/2021 Contractors Bid for Public Works - 2 k( Please see attached. 401 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 09/29/2021 Contractor's Bid for Public Works - 3 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 Indiana ) SS: Elkhart COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person From bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor Further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Version 09/29/2021 Contractor's Bid for Public Works - 4 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-Veri ry Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, €firms, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its ageneses, 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 contract or employment, or any matter directly or indirectly related to contracting or employment because of race, sex, religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation, or due to age or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions will consider the Contractor's good faith efforts to obtain participation by those subcontractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. Contractors seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal -eligible contracts, Contractors are required to either meet both MBE and WBE utilization goals or demonstrate that the Contractor has made good faith efforts to obtain participation from MBE and W B E subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact to which the discriminatory practice or noncompliance pertains. 7. The undersigned Contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any empIoyce or applicant for employment in the per rurmance 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 understated it is my sole obligation and responsibility to provide ajustification 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 09/29/2021 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 this __1 t3 h _ day of Dec • 20-22 C & E Excavating, Inc. ContractorBi Firm) Signature of Contractor/Bidder or Its Agent Thad Bessing_er. President Printed Name and Title Subscribed and sworn to before me this 13th da of , f]e�er , 2099 My Commission Expires 9L2()195 Notary Public County of Residence Elkh� Version 09/29/2021 Contractor's Bid for Public Works - 6 CRISTOL MELODY VALDEZ �"11411p+`'+ �rH• •.�8-'=' Notary Public, State of Indiana x = ;SEAL; Elkhart County =: �'• „= Commission # 696906 My Commission Expires February 20, 2025 County of Residence Elkh� Version 09/29/2021 Contractor's Bid for Public Works - 6 i f BIDIPROPOSAL CITY OF SOUTH BEND Project Name: Martin Luther King Jr. Demolition Project Project Number: 121-066 For Bids Due: December 13, 2022 Contractor Name: C & E Excav BASE BID Item Description No. Demolition of the Martin Luther King Jr 1 Center as described by the plans and specifications. ALTERNATE #1 Item Description No. 1 Lead & Asbestos Abatement Bidder (Firm): C & E Excavatio , Inc. Quantity Unit ' Unit Price I Total Amount 1 LSUM 1'$278,875.001 $278,875.00 i BASE BID TOTAL $278,875.00 Quantity Unit Unit Price Total Amount 1 LF I Not Applic4ble ALTERNATE #1 TOTAL Address; 53767 County Road 9 City/State/Zip: Elkhart, IN 46514 Telephone Number: _( 574 ) 262-4346 By (signature) Thad Bessinger, President (Printed Name of Person Signing) **IVBE** CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN �:•.::ir- •'ill FORM MBE -1.0'„' f MBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects Involving MBE participation. It is the bidder's sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Project Number: 121-066 Project Name: Martin Luther King Jr. Demolition Project Bidder: C & E Excavating, Inc. Total Bid Amount: MBE Goal: 1.4% Page 1 of—^ Name & Address of MBE 1 st Class Logistics, LLC 2213 St. Charles Ave South Bend, IN 46614 S/T Bancroft Electric 25020 SR 2 South Bend, IN 46619 Primary Contact Person (Name/Telephone) Bernard Coutee 574-993-0071 �j Gene Mann 574-968-2040 Submitted by: Thad Bessinger Print Name Version 09/29/2021 Scope of Work to be Performed Dollar Amount of MBE Percenta of Tote (Attach scope/schedule if you need additional space) Component Bid/Propc Trucking $22,110.00 7.9% Removal of electrical items for salvage $7765.00 2.78% Contractor's Bid for Public Works - 8 12-13-22 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Project Number: 121-066. Project Name: Martin Luther King Jr. Demolition Project _ Bidder: C&E Excavatirt Inc. , Total Bid Amount: $278.875.00 WBE Goal: 4.6% Page 1 ofd_ Dollar Amount of WBE Percentage Primary Contact Person Scope of Werk to be Performed of Total Name & Address of WBE (NamelTelephoers (Attach scope/schedule if you need additional space) Component BidfProDosal Unable to contact any WBE Submitted by Thad Bessinger _ _ _ 12-13-22 Print Name Date Signature Version 09129/2021 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 ' WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Project Number: 121-066. Project Name: Martin Luther King Jr. Demolition Project _ Bidder: C&E Excavatirt Inc. , Total Bid Amount: $278.875.00 WBE Goal: 4.6% Page 1 ofd_ Dollar Amount of WBE Percentage Primary Contact Person Scope of Werk to be Performed of Total Name & Address of WBE (NamelTelephoers (Attach scope/schedule if you need additional space) Component BidfProDosal Unable to contact any WBE Submitted by Thad Bessinger _ _ _ 12-13-22 Print Name Date Signature Version 09129/2021 Contractor's Bid for Public Works - 9 •L 11. ,. CITY OF SOUTH BEND -got_� MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN`` FORM MBE -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 participation. Project Number: Project Name: Bidder: Contact Person: Address: City: 121-066 Date 12/13/22 Martin Luther King Jr. Demolition Project__ C & E Excavating, Inc - — Tim Bonadies Telephone: 574-262-4346 53767 County Road 9 Elkhart State: Zip 46514 Email: tbonadies(&candeexcavating.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE 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 M BE LIST(S)_ The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan. 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: http:tivAmm.ln-gov/idoa/ GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of tZ Indiana Minority and Women Business Enterprises, found on their website (http:lAvww-in.gov/idoa),- I affirm that t have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. ` I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. — — I affirm that i performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for MBEs to participate effectively I affirm that I followed up on initial solicitations with interested MBEs. I affirm that I negotiated with interested MBEs n good faith, including providing such MBEs with adequate information about the plans, specifications and other requirements of the subcontract. �- I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate l Version 09/29/2021 Contractor's Bid for Public Works - 10 "W CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN Y � � FORM MBE -2.0 ` EVIDENCE OF GOOD FAITH EFFORTS / I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary ✓ equipment, supplies, materials, or related assistances or services, where appropriate. J I affirm that 1 did not reject any MBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE 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 was unqualified to perform the job. "Proper demonstration of Good Faith Efforts 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 09/29/2021 Contractor's Bid for Public Works - 11 :r q Nw CITY OF SOUTH BENDg) MINORITY MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN,_ FORM WBE-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 MWBE participation. Project Number: 121-466 Date: 12-13-22 Project Name: Martin Luther King Jr. Demolition Pro ect Bidder: C & E Excavating, Inc Contact Person: Tim Bonadies Telephone: 574-262-4346 Address: 53767 County Road 9 City: Elkhart State: Indiana Zip: 46514 Email: tbonadiesdigandeexCayatina rnm To determine whether a bidder has demonstrated good faith efforts to reach the 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 WBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: htt ://wvvw.in. ovlidoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website ht :Ilwww.in. ovlidoa . affirm that I have made good faith efforts to select portions of the contract work to be performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. ✓ I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all WBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform ✓ WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively I affirm that I followed up on initial solicitations with interested WBEs. I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding, V lines of credit, or insurance as required by the City or the bidder, where appropriate Version 09/29/2021 Contractor's B!d for Public Works - 12 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested WBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate I affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each 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 MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts 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. We were unable to locate any WBEs in our general vicinity to quote and/or complete any of the project due to the project's size and lack of diversity of work types. Version 09/29/2021 Contractor's Bid for Public Works - 13 IVBE CITY OF SOUTH BEND �l MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder's sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Attach additional pages if PAGE necessary. OF 1 Pro ect Number: 191 -nm MBE Participation Goal 1.4% 1 • Project Name: Bidder: 01=* Martin Luther King Jr. Demolition Project C & E Ex vin MBE Firm 1 st Class Logistics, LLC Owner or Contact at MBE Firm Bernard Coutee Telephone: 574-993-0071 Fax: Email: 1 stclasslogistics2013 a@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Hauling of demo materials Haulino of fill materials RESULTS OF CONTACT WITH THE MBE FIRM: Phone contact and email con rm gbD1dy_mtesJQr ha ul..orx-fatbec MB -Firm S/T Bancroft Electric Owner or Contact at MBE Firm Gene Mann Telephone: 574-968-2040 Fax: 574-gRR-9n45 TYPE OF WORK SOLICITED FOR THIS PROJECT: Removal of electrical items for salvage RESULTS OF CONTACT WITH THE MBE FIRM: Quote for removal of items Version 09/29/2021 Email: geneCcD_thebancroftcompanies.com Contractor's Bid for Public Works - 14 is CITY OF SOUTH BEND�J MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN - FORM MBE -2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. y OFA_ Project Number: 121-066 WBE Participation Goal 4.6% Project Name: Martin Luther King Jr. Demolition Project Bidder: & E Excavatin , Inc., By: President 12-13-22 (Signature) (Tite (Date) WBE Firm Owner or Contact at WBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM WBE Firm Owner or Contact at WBE Firm Telephone: Fax-- TYPE ax-TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM Email: Version 09/29/2021 Contractor's Bid for Public Works - 15 /EMCInsu[ ncoe CmvaWes;a Bid Bond CONTRACTOR: (Name, legal status and address) C & E Excavating, Inc. 53767 County Road 9 N Elkhart, IN 46514 OWNER: (Name legal status and address) City of South Bend 227 W. Jefferson St. South Bend, IN 46601 BOND AMOUNT: Document A310 - 2010 SURETY: (Name, legal status and principal place of business) Employers Mutual Casualty Company P.O. Box 712 Des Moines, IA 50306-0712 5% Five Percent of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Martin Lurther King Jr Demolition Project -Project No. 121-066 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable. 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 Contlacfior 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 conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 13th day of December, 2022 ( th)s) (Witness) David J. Roth C & E Excavati na- Inc. (Principal (Sea!) By: (rile) �[h,c�l tvj v Employers Mutual Casualty Company (Surety) By: ^11r A.0 (Title) Tracie House Attorney-ibr� c.o ' S�OiNCS.� •� Init. This document conforms to the wording and provisions of the AIA A310-2010 bond form. 061110 P.O. Box 712 • Des Moines, Iowa 50306-0712 -EMC INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Tracie House its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: Bid Bond Principal : C & E Excavating, Inc. Obligee : City of South Bend and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-ol-Allomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999; RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof: and (2) to remove any such attorney-in-fact at any lime and revoke the power and authority given to him or her. Attorneys•in•fact shall bave power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognlzanres, contracts of indemnity and other writings obligalory in the nature the reol, and any such instrument executed by any such attomeyin•fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an otfroer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 191' day of September, 2022. Seals �� all R. Jean, r sident & CEO Todd Strother, Executive Vice President a+ ,:���'^ �;�•; ; bA+� ! �;� : of Company 1 C airman, President Chief Legal Officer & Secretary of •° -*F % 4; ��T'Q�� �a % = O '�*'" •�`: h& CEO of Ca anies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 Its- SEAL e =_ SEAL =� cx:1863p°o'"r 19536,'--<= :.a�7 y�'.'i�".• F eiw •, •' On this f P day of September, 2022 before me a Notary Public m and for the State of Iowa, ........... " personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did ' •. "'u+e' • •' o "'L sa tftat the are, and are known to me tv be the CEO, Chaimnan, President, Executive Vice �d �•� "+:_ President, Chief Legal Officer andlor Secretary, respectively, of each of the Companies SEAL ° =SEAL : ::,3 SFAL Vin, above: IhaI the seals affixed to this instrument are the seals of said corporations; that said : ' := " =• instrument was signed and sealed on behalf of each of the Companies by authority of their , .„".•'; respective Boards of Directors; and that the said Scott H. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. KATHY LOVBt1113GE My Commission Expires October 10, 2025. Notary ubifc in and for the StateId1 owa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 191" day of September, 2022, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 13th day of December 2022 Vice President 7853(9-22) 0000000 -NA 00000 000 SSS 000000 "For verification of the authenticity of the Power of Attorney you may can (bib) j4-b-rswu. The above bid is accepted this following conditions: Contracting Authority Members: ACCEPTANCE day of subject to the PART II (For projects of $150,000 or more — /C 36-1-12-4) Governmental Unit: City of South Bend Bidder (Firm) C & E Excavating, Inc. Date (month, day, year): 12/13/22 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner 1 157,160.00 Demo 11/2021 Elkhart Comm Schools / Tipton Demo 136,000.00 Demo 5/2022 City of Elkhart / Richmond St. Demo I 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work 1,363,083.97 Utility Expected Completion Date Name and Address of Owner 5/2022 City of Mishawaka / Niles Ave City of Elkhart/ River District Dr City of Mishawaka / City Hall Campus 1,605,142.20 Site/Utility 11/2022 5,260,900.33 Site/Utility 11/2022 5/2023 2,644,543.00 Sitework Elkhart County/Landfill Piggyback 1&2 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. PnwPr Cnnstruction Turner Construction Homrich Inc. Paric Construction DJ Construction Weiland-Davco Corporation Warm -nn r`nnefri i -+inn W.A. Randolph Construction Nuwav Construction Shiel-Sexton Construction SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain 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 governmental unit to consider your bid.) Work would beoin within a reasonable time of the notice of award and within 5 days of the notice to proceed. Work would be completed within time frame as stated in specifications. We currently employ 40 field staff and operate a total of 5 crews in addition to subcontract labor if necessary. A fully detailed schedule will be provided at pre -construction meeting. 2. Please list 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. See attached. _ _ 3. If you intend to sublet any portion of the work, state 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 governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. List provided upon award of project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. See attached. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. Bidded projects are quoted by several suppliers and all quotes are used in preparation of the bid, however, the low, most responsive quote is the one used to prepare the final numbers. 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 governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. Subcontractor Address Phone i Type of Work A -I Striping Service Inc. 56825 Spirea Road New Carlisle, IN 46552 574-654-8_626 Thermoplastic Striping A & G Environmental Solutions LLC 12191 N Woodland Acres Dr, Syracuse, IN 46567 574-780-7402 Asbestos In A & R Wastewater Management 3611 Cassopolis St. Elkhart, IN 46514 574-674-5779 _ Jetting/Camera A. G. Sports Services, LLC 2498 Cobb Rd, Jackson, MI 49203 517-214-9307 Sports Equip Abonmarche Consultants 750 tincolnway East, South Bend, IN 46601 574-232-8700 Consultants All American Tracks Corporation 8105 Leavitt Rd. Amherst, OH 44001 440-986-8729 Sports Equip All Terrain Construction 66803 Conrad Rd. Edwardsburg, MI 49112 574-274-9238 Small Concrete Anchor Concrete & Construction, Inc. 116 Alfred St., Elkhart, IN 46516 _ 574-370-6552 Small Concrete Asphalt Restoration Services P.O. Box 2484, South Bend, IN 46580 74-247-0800 Asphalt Patching Badger Daylighting Corp _ 75 Remittance Dr. Chicago, IL 60675-3185 _ 877-322-3437 Vac Work/Locating Bailey Asphalt, LLC 2605 Detroit Road Niles, MI 49120 574-596-7126 Asphalt Bertsch Frank & Associates 811 Lawrence Dr Ft. Wayne, IN 46804 260-459-9393 Consultants Best Sweeping Specialist 632 S. Sixth Street, Goshen, IN 46526 574-534-8024 Sweeping Blood Hound, Inc. 750 Patricks Place, Suite B, Brownsburg, IN 46112 }j 888-858-9830 — Locating - Bob Frame Plumbing & Heating 2442 Jaclyn Ct. South Bend, IN 46614 574-291-7511 HVAC 9ontrager Excavating 59285 CR 33 Middlebury, IN 46540 574-825-3807.1 Trucking Brooks Construction Company, Inc. 2711 Banks Ave ft. Wayne, IN 46899 260-432-8888 Concrete/Asphalt Brite Electric 51285 Bittersweet Rd. Granger, IN 45530 574-272-2615' Electrical Brusky Construction 70569 Elizabeth St. Niles, MI 49120 574-298-5417 Hauling C & M Associates, LLC P.O. Box 1889, Brighton, MI 48116 810-220.5335 Sports Equip CES, LLC 18038 Belgium St., Leopold, IN 47551 618-214-0212 GPS Model Charlie's Lawn Service Inc. P.O. Box 132 Granger, IN 46530 269-663-5115 Landscaping Chupp Plumbing & Heating 23409 US 33 E, Elkhart, IN 46517 574-875-5243 HVAC Conco Spray Solutions P.O. Box 36726, Indianapolis, IN 46236 317-428-6543 Manhole Lining Concrete Cutting & Breaking 4500 Airwest Dr. Grand Rapids. M1495 12 616-554-4876 Concrete Removal Concrete Sawing & Coring, LLC P.O. Box 907, Niles, MI 49120 574-272-2673 Concrete Removal Condon Trucking 18245 Amberley Ave South Bend, IN 46537 574-271-8984 Hauling CT Electrical Services, Inc. 2535 Saidia Rd. Kalamazoo, MI 49001 269-342-5016', Electrical Custom Fence Co 1730 Dodd Rd. Niles, MI 49120 269-683-2892 Fencing DBL Services Inc. 1811 N. Clover Rd. Mishawaka, IN 46545 574-968-2028 Striping/Landscaping Dewind Dewatering 9150 96th Ave, Zeeland, MI 49464 616-875-7580 Dewatering D6esenga & Associates, Inc. 552 S. 8th St. Kalamazoo, MI 49009 _ 269-544-1455 Consultants Earth Exploration 7770 West New_York St. Indianapolis, IN 46214 574-233-6820 Radar Imaging Fuerbringer Landscaping 2_2530 Brick Road South Bend, IN 466_28 1 574-271-9714 Landscaping Geissinger Trucking, LLC IN 103995hively -R - d. Nappanee, IN 46550 574-633-4720 Hauling Grand River Construction Inc. 5025 40th Ave udsonville, 49426 616-669-5611 Sheeting Hawk Enterprises Inc. 1850 E. North St. Crown Point, IN 46307 219-662-8090 Electrical Hunter Transit, LLC 12111 SR 17, Plymouth, IN 46563 574-936-9217 Directional Drilling HydroSeed Inc. 1320 3rd St., Osceola, IN 46561 800-468-5296 Landscaping Jettline Electric, Inc. 60388 CR 101 Elkhart, IN 46517 574-320-0985 Electrical 1L Milling, Inc. 15262 Industrial DrSchoolcraft, MI 49087 269-679-5769 Asphalt John Boettcher Sewer & Excavatifl_g. 3305 N. Home St. Mishawaka, IN 46545 574-259-1418 Trucking Jones Petrie Rafinski 200 NIBCO Parkway EI_khart, IN 46516 574-293-7762 Consultants J & 1 Contracting, LLC __573 Shoreview Park Rd., Shoreview, MN 55126 651-379-2791 Abate Contractor K.C. Tree, Inc. 1320 3rd St., Osceola, IN 46561 574-674-7722 Clearing Klink Trucking P.O. Box 428 Ashley, IN 46705 574-287-9000 Trucking Landmark/ Solliday Landscaping 10882 McKinley Hwy Osceola, IN 46561 574-674-8196 Landscaping Lowe Construction 2535 Bader Road, Horton, MI 49246 517-529-9406 Case Boring Martell Electric P.O. Box 3865 South Bend, IN 46619 574-245-4640 Electrical Martin & Associates Environmental 8135 Cox Drive, Ste 108, Portage, MI 49002 269-226-0707 Abatement Contractor Michiana Contracting, Inc. P.O. Box 929 Plymouth, IN 46563 574-936-8613 Electrical Michiana Tree Works, Inc. 15596 CR 26, Middlebury, IN 46540 574-533-5651 Tree Removal Mike's Fencing 68021_ SR 19N Nappanee, IN 46550 574-862-2006 Fencing Milestone Contractors North, Inc. 1700 E Main St. Griffith, IN 46319 317-616-4876 Asphalt Milestone Fence LLC 13399 McKinley Hwy, Mishawaka, IN 46.545 574-259-3101 Fencing N.I. Spanos Painting, Inc. P.O. Box 10908, Merrillville, IN 46411 219-662-9092 Painting Niblock Excavating, Inc. P.O. Box 211 Bristol, IN 46507 574-848-4437 Asphalt Northern Indiana Construction P.O. Box 1333 Mishawaka, IN 46546 574-256-1811 Sheeting Norway Septic, Inc. 53076 Old Farm Rd, Elkhart, IN 46514 574-206-1234 Septic Pumping Peerless Midwest Inc. 55860 Russell Industrial Pkwy Mishawaka, IN 46545 574-254-9050 Plumbing Pemberton Davis Electric, Inc. P.O. Box 1034, Mishawaka, IN 46546 574-277-7001 Electrical Performance Paving P.O. Box 1552 Elkhart, IN 46514 574-327-2070 Asphalt Phend & Brown P.O. Box 150, Milford, IN 46542 574-658-4166 Concrete/Asphalt C E Excavating, Inc. Subcontractor Listing Prior 5 Years F-• z w w p W Z D a) mg (A Y O O H a (Yj p p u w v¢ p ❑0 0, H S!l =ny FY ❑ LLQ �$ N Q D~ Ll z m U r� V (7 m w N^cy M zCL ¢ N O 3 0 IM IM u � :3Ce LU a L o FZ.L J R > [i'YL o p W �� p p a 2 U 0.❑ U a`a b UUW n ❑ W z❑gym Q Q a w J 0 u a i Q NLLU U) oC� Q❑❑� W W L O C~ _ O H N O Co 0M 3: W W 0] �wOC� �a❑❑ b u E O N O L x Uko Fp �p a' ¢ J ❑❑❑� Yr ❑ or w U CL Ln ❑ V (raw UU o L�nI, g m pz❑ U)p�ce (, w U a� o poo ~ w H U) LnLnp Q Z L LZLA� J o E n i wUa^o LL U) W I� Ln O0 Ln < W I Cle Ln0 ri O O! 000 W U Z w J J J ll J Q O X❑ W n O a � � Ln LL Ln w Ln Ln Ln ""� ^ Ln _ m O CU LU LZLA m m = N O ❑ Ln Ln ' }> Iii LLL ISL U) LLL U) JJ Ln LLLA .moi •--� p�J ❑ two ZO H U) w (7 W ��0� Wold J w 000 Ln M Ln Ln '^ Lv) Ln O��O p LL LL w2 0 �o Ln Ln ��LLI2❑ 0 0 2 'n 0LL ❑❑Oo ��r� OOOLL Ln ❑ O 00 Ln U) J O ❑ U) OOHo >� LnC7n J�~�� ¢ as>LL ❑pw❑ ❑o❑Ln❑ptoa+Mrn � wwU nO LL ❑ ILL� N LU �� Lu O 0Lu Z - Ln °i° O rn ooa-i'o CD 000r100 o m000000000 O �" N N N 000Of 0 o zz0 r h O > Y Z %D COO N N N N N W w N w LL w w N w LL N N NNLL N ❑> V' O N .i Z M O N L) N N M m In CD V LD -;TLn V W d' L1 L) Z Ln LD O Z Ln %D N .--i .-4 N M v- M Ln M Lo M� r N Ln v- N. m 'O .--I N ro 'LD Ln Ln ILn N Ln �n'L 'O v- O n O Lm 7 OD CO Cb 00 '� GO CO 00 CO QO 07 DD DD 00 DO 00 W W (10 w 00 W W O Co GO '-I Co CO 00 00 00 DO 00 CO 0o DO Co DD CO 07 co Co Co 00 Co 00 00 DO 00 '00 Co 00 Co m 'DO 'CO i00 CO CO IN 00 n 00 n 00 1`1 Ib co V) D Z a a U U 2 LnO WLn � FU '� Q i J c °° Ln a' o w a Y> LULL O Z E Vf >_ c L Y w Lo ce O Z� W p U p a L u W g V) v EN a c E ce O w n�i v~� U Y z U= ¢ Z Z n va v 2� > �L�u a a of �U¢ °� o IN W LU E U c v E ca.+, 0 Iw (7 Z a M LU QQ n z H ce � aJ C7 W ��2� � H Wfo U U cn u r*'o U v L W =tea c— Q O U W ;] a'U pU Y o! w C7��a,OLU J�J O Ln Z cr U w ❑ OJ (A w o��U LL o 3 ai ❑ ++ Lo a V) L ca f0 O ro '0 �iw 0O 'a w ~ U a Ln=oce o � LU ❑H Q 2 H�QU)(n_ W U) w � Y UZU� LPL O ZCD = V ¢ ++ c E� O E f cow i --I f�0 I Ln N X O Lon+ L L 0J (7 •O W Z ��LLOw J Y ra L¢uC27�C27��U0 2 Ce H i -i ¢ O O 2 0" Q P ^ Q Q� L� I-- LU L0 z Q�¢0 �JJ N �J acid '""' C Vf o O m ++ LO 3: . 2 YQLn ��'N J w a m O U ¢ U ❑ o aZ¢Z i app❑-q 2 U�Y wa� LL aV �J[YLLQ I Q� 2W En U fu ¢ U ODC�Lu x(70 o� D E = C_ vHQw' ❑NU�� -s- F- I- U) W > .-i U < LUC)Cy 0 Lu = HZ�Z2Oo C) (7 J¢(�¢(�2OU O U Lu waa❑ YmXw w J ¢ ¢ 2 ~ (� 4] H O m lD H p F- O] Q~ (g IM N N Ln a 9 Z 0 0 2 0 Y Y M CL pJOJCL m Y Y CL L aW L¢L N GJ N o0.iO N O m - g m O U 7 U YHXU) VI ❑ =0]>�¢O ��IM a 2 {- �m YZ Z r-�Qo]¢ZZ ElnH N NN N z (.J6Co m O O .-i O Ln O m O N -4 oo -, 1p N Oi N c) M +-i M M M � M Ln M O v- N Ln to v- Ln Ln N. Ln m Ln O Lo ri 'Lo N Lo d' In N to LD IA � IN Ln n Lo n 1-+ CT LD M n M -4 O .-i O O Ln •-+ N M Ln Ln Ln O ri O N -4 N V- N 00 N m 00 m 00 m CO m 00 m 00 m 00 m 00 m CO m 00 m 00 m 00 m CO m 00 m 00 m O) CT 00 00 O M 00 m CO a) 00 nom 'co ON 00 O) CT O%�m 00 00 00 : O 01 00 0) 00 (n 00 O) Co (T 00 N n J 00 Lo 00 O LD Lo 00 00 00 O 00 (T O M W M O m O C O N cl O gW W W W L 00 W o 0�X❑Np N J o LLL i.--, ^ ❑_ Y � ¢ 0 > E ON �o JJ W �i 0>>m'OLn Y Y d(7 0 v rods v Ln U U p Ya. �� Q f0 ¢� ¢ ° 0 .-iiLCo O E N >i 7� '""� i o Ln O Ln C J mmaNN�� O O (7 W W Ln [� a 0 - 0J O. J W ¢ Im '0 o ,� �w (7 LLQ 0 > +'w Q L6 i.% > X ❑ O >O > Q O O> ++ fOO LO �' ¢ iL O O +.I a-+ i p LO > O MM = J m Ln 07 Ln Ln J Ur CY W W ❑ p ¢ J f0 O Y N w C] m t. (7 "O Im p J ~ M M M U) f0 W X 2 N N (� x W> ¢ O N U X>> W f0 IO Lo f0 U x W > f0 LO +L.I >> f0 L0 3 N > r6 U> f0 hi 2 hi 2 Q W Q!13 W Ln MM W W ❑tea U) U) J LL l0 ¢ d LOf1L •C �'Ln¢ 2 U) O~ O H S U Q ❑ Y W O C) MaZXXz mp'-' U I --i ¢ Q N I --I u LL u. LL C W U U LL W LO X X w U (O XF-� U U W W ww522�: ❑❑¢OOOJ W ZZ¢(7 r,Jui OBJ 01w N -j —4 -10 Ln lD M LU W W U) LD M 2U) � W C7 W i� (7(.7 Ln O (7 (7(7(.7 O C o Ln J(7 W J (7 W (7�i� ¢¢ Z 2 Z 2 C) O n Ln %D LD Y 01 C, V ❑�0 Z Ln J c}t Lp Y O Ln a..l U¢ Y pC7 Z M M M 0¢¢ J U� U O LD C) Ln M Q O LD .L-1 N C)In Ln Ln M cD .Li .L -I to Ln M i C) M M 0 M M 2 to 2 Ln 00 C) I� lD J J O Co Q❑ o 2op❑�p ❑❑ ❑ ❑ p❑ p ❑ ❑ ❑Oo i i N N N r-� 00 r -I >- >>❑00 n> N M o n n > Y n n 2 n r') r -L n N N .O to O I, O O �-i M ,-i Ln ri .-i 'LD ri ri O1 O - -4 ri 7 M 'i V, .-i �' Ln rl LD ri I. 00N .-i .-i N 00 Ln m 00 to (n O N m iI ri 'M N M M M M 1 M O N M +-i N M NM N M N M V- N M M N M LD N M N M M N N N M M M O M M M M N M M M M M d' •M M 'CO CO CO W CO CO 'CO 00 O M M W W W M a, 00 Co co 'O W O IM m w w w m m 00 O O w m m O m IM F-• z w w p W C & E EXCAVATING, INC. & AFFILIATE FINANCIAL REPORT December 31, 2021 and 2020 CONTENTS ACCOUNTANT'S COMPILATION REPORT COMBINED FINANCIAL STATEMENTS Combined Balance Sheets Combined Statements of Income and Retained Earnings 2-3 Combined Statements of Cash Flows 5-6 SIGHT accounting group ACCOUNTANT'S COMPILATION REPORT To Management C & E Excavating, Inc. & Affiliate Elkhart, IN Management is responsible for the accompanying combined financial statements of C & E Excavating, Inc. (an S corporation) & Affiliate, which comprise the combined balance sheets as of December 31, 2021 and 2020, and the related combined statements of income and retained earnings and cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. We have performed the compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the combined financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. We do not express an opinion, a conclusion, nor provide any assurance on these combined financial statements. Management has elected to omit substantially all the disclosures required by accounting principles generally accepted in the United States of America. If the omitted disclosures were included in the combined financial statements, they might influence the user's conclusions about the Company's financial position, results of operations, and cash flows. Accordingly, the combined financial statements are not designed for those who are not informed about such matters. gtwQ ht Am" 6,wr , 7.6 Insight Accounting Group, P.C. Mishawaka, IN March 8, 2022 1832 West Lincoln Avenue ► Goshen, Indiana 46526 ► (574) 534-4040 3830 Edison Lakes Parkway ► Mishawaka, Indiana 46545 ► (574) 288-4801 1 OT . y �i re ro 1316 COUNTY-CITY BUILDING _sr ki PHONE 574/235-9251 227 W. JEFFERSON BOULEVARD IRt:S l FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 TDD 574/ 235-5567 CITY OF SOUTH BEND, JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: November 23, 2022 To: All Planholders From Theresa Heffner. Clerk. Board of Public Works Subject Addendum Number: i Project Name: Martin Luther King Jr. Center Demolition Project Project Number: 121-066 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: I ' ag a;L- 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: Z LJ Authorized Signature: Date: �� VLC y. L; 1"16 COUNT1-(:IT BUMDII�G �f • fK. '�2 r W.:LIT kSUM L�UUilt�AY.D''_3_-91�I :SOUIE BEND. INDIANA 46601-1830 TDD 51,4;;'235-5W CITY J.F' Sou'I'H BEND, JAMESMUELLER., MAYOR BOARD OF PUBLIC W ORTS Date: To: From Subj ect December S, 2022 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 2 Project Name: Martin Luther King Jr. Center Demolition Project Project Number: 121-066 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM[ Date Received: a 'Iq — 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: 1�--q — a,?-- I Lp`i,` uiiNT'i-___-CITY ,SU,7.DII�i1 r rf�f. i PI10JL �;4!�35_4�`iSI �_- 227 W. LIT Y.SODf BUUI.L"V.V r) V.fix 7 74+ 235-91 I tiOUTH BFND. INDIANA 46601-1830 TDI) 574,' 235-5567+ CITY OF SCGU'I' [ BENI), JA.NHS' NIU EL LER.. MAYOR BOARD OF PUBLIC WORKS Date: To: From Subj ect December 12, 2022 All Planholders Theresa. Heffner, Clerk, Board of Public Works Addendum Number: 3 Project Name: Martin Luther King Jr. Center Demolition Project Project Number: 121-066 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: /)- —o -- 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 MUSTalso 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: C i Authorized Signature: Date: ��a-' ac - CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Martin Luther King Jr. Demolition Project Project No. 121-066 For Bids Due December 13, 2022 Contractor Name: C & E Excavating, Inc. 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 02/23/2022 General Conditions - 10 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. 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 (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). 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. 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. II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) �✓ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. V,, 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. 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) 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). (�) List identifying all former business names. (iii) ✓ 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) 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) 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) 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 J 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) 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. (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. 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: 12/12/22 (5 n ere) Jennifer Clark (Print Name Here) C & E Excavating, Inc. (Name of Company) 53767 County Road 9 (Address of Company) Elkhart (City) IN, 46514 (State) 574-262-4346 (Telephone Number) Version 02/23/2022 General Conditions - 14 W GO EXCAVATING December 9, 2022 City of South Bend Re: RBO / Prequalification 1. Copy of Certificate of Existence Attached, copy of Business Information Attached 2. No former business names. C & E Excavating, Inc. of Indiana is a subsidiary company of C&E Excavating, Inc. of Delaware (parent company). Financial Statements combine both entities. 3. Two Civil Penalties for Indiana Utility Regulatory Commission previous 5 years. These were in reference to at fault utility hits a. 10/23/20 —Letter Attached b. 6/20/19 — Letter Attached 4. Staffing Capabilities a. C & E Excavating, Inc. currently employs 40 field staff and operates a total of 5 crews in addition to subcontract labor if necessary. 5. Individuals that perform work on the public work project on behalf of C&E Excavating, Inc. will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. 6. Attached documentation of C & E Excavating, Inc. membership in Associated Builders and Contractors for the calendar year of 2022. 7. Written Health and Safety Manual which covers drug testing for C&E Excavating, Inc. 8. C & E Excavating, Inc. uses Employer's Mutual Casualty Company, which is a Department of Treasury's Approved Sureties Company 9. No federal, state nor local tax liens or tax delinquencies owed in preceding 3 years 10. List of projects of similar size and scope preceding 3 years: a. City of Elkhart— 2020— Demolition of 27908 County Road 4 b. City of Elkhart — 2021— Demolition of 1201 Richmond St. Complex c. City of Mishawaka — 2021— Demolition of 324.5 Mishawaka Ave, 325 W. Grove Ave, 610-612 and 614 Liberty St. d. DJ Construction — 2021— Demolition of Former Martin's Pet & Garden Elkhart e. Indiana Toll Road Concession Company — 2020 — Demolition of 52551 Ash Road Granger and Former Well Water System & Wastewater Treatment System Facilities Howe, IN f. Majority Builders — 2019/2020 — Demolition of Martin's Supermarket/CVS/Goodwill East Jackson Blvd Elkhart C & E Excavating, Inc. 53767 CR 9 Elkhart, IN 46514 Office (574) 262-4346 Fax (574) 262-9251 State of Indiana Office of the Secretary of State CERTIFICATE OF EXISTENCE To Whom These Presents Come, Greeting: I, HOLLI SULLIVAN, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of the State of Indiana, the custodian of the corporate records and the proper official to execute this certificate. I further certify that records of this office disclose that C & E EXCAVATING, INC. duly filed the requisite documents to commence business activities under the laws of the State of Indiana on October 16, 1990, and was in existence or authorized to transact business in the State of Indiana on December 09, 2022. I further certify this Foreign For -Profit Corporation has filed its most recent report required by Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of withdrawal, dissolution, or expiration has been filed or taken place. All fees, taxes, interest, and penalties owed to Indiana by the domestic or foreign entity and collected by the Secretary of State have been paid. "STArF� A 181 In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, December 09, 2022 j HOLLI SULLIVAN SECRETARY OF STATE 1990100696/ 20222906975 All certificates should be validated here: https://bsd.sos.in.gov/ValidateCertificate Expires on January 08, 2023. BUSINESS INFORMATION HOLLI SULLIVAN INDIANA SECRETARY OF STATE 12/09/2022 07:48 AM Business Details L Business Name: C & E EXCAVATING, INC. Business ID: 1990100696 Entity Type: Foreign For -Profit Corporation Business Status: Active Creation Date: 10/16/1990 Inactive Date: Principal Office Address: 53767 COUNTY ROAD 9, ELKHART, IN, p p 46514, USA Expiration Date: Perpetual Jurisdiction of Formation: Delaware Business Entity Report Due 10/31/2024 Date: Original Formation Date: 09/10/1987 Years Due: Governing Person Inrormation Title Name Address President Thad Bessinger 27201 Indigan Lane, Edwardsburg, MI, 49112, USA Treasurer Jennifer Clark 20046 US Hwy 12, Edwardsburg, MI, 49112, USA incorporators Information Name Title Address Mary E. Bessinger Incorporator 725 Market Street, WILMINGTON, DE, 19801, USA Registered agent Inrormation Type: Individual Name: Jennifer Clark Address: 53767 County Road 9, Elkhart, IN, 46514, USA STATE IIo D ANA 9e-- •�`� 2�UiAN A UTaL1TY FtE-Gt iL..ATORY CONSE5510V 101 WEST Wr YPI NGTON SMEET SURE 15W UkST ITDLAUN APOL.35, WDLANA 462C'-31119 October 23, 2020 Jennifer Burgess, Corporate Secretary C & E Excavating 53767 County Road 9 Elkhart, IN 46514 RE: Final Determination of Civil Penalties in Case No. 21332 Dear C & E Excavating: � °'lase Office_ (31) 23�-2701 Facsimile_ (317) 232 -6T5 -S On September 29, 2020, the Indiana Utility Regulatory Commission ("IURC") formally UPHELD the findings of violations by the Pipeline Safety Division and APPROVED the recommendations of the Advisory Committee as listed on the attached. Specifically, they approved the finding that you violated IC 8-1-26-20(a)(3)(b), and approved a civil penalty o£ $4,500 - Please see the back of this letter for instructions on complying with the approved civil penalty. .'' Enclosed you will find a copy of the IURC's Order. Please review it carefully and feel free to contact me at (317) 232-6735 or dpoon(@.urc.in.gov with any questions. For additional assistance, you may want to read the full text of the Indiana 811 Law, Indiana Code chapter 8-1-26, by going to littp:lliga.in.gov, clicking the "Code" tab, and entering 8-1-26. There are also various, proactive damage prevention activities you can participate in, including attending your local Damage Prevention Council meetings. Find locations and meeting dates at httpsWindiana8l l.orgtdainage-prevention-councils!. The IURC also provides free online damage prevention training at https:Ilwww.safedigindiana:coml and other training opportunities at htt s:llwww.in.&ovliurc/3075.hun. While the online training cannot be used to satisfy any mandatory training assigned to you as part of a penalty, it is available at no cost to assist you in working safely in the future. Sincerely, �p –1,0— .,tom DeAnna L. Poon Assistant General Counsel C,-r(b,��iiPl� t OVER 4 STATE o INDIANA INDIANA UTILITY REGULATORY COMMISSION 101 WEST WASHINGTON STREET, SUITE 1500 EAST INDIANAPOLIS, INDIANA 46204-3419 June 20, 2019 C & E Excavating Jennifer Burgess, Corporate Secretary 53767 County Road 9 Elkhart, IN 46514 Subject: Proposed Findings and Civil Penalties in Case No. 19508 To Whom It May Concern: M 221$ www.in.gov/iurc Office: (317) 232-2701 Facsimile: (317) 232-6758 On 11/30/2018, Indiana Utility Regulatory Commission's ("IURC") Pipeline Safety Division ("Division") sent you an information request about events in Case No. 19508 . The Division investigated, considering the information you and other parties may have provided. The Division found you in violation of IC 8-1-26. After public notice and notice to you dated 5/24/2019, during a Public Meeting where you had the opportunity to present written evidence, the Indiana Underground Plant Protection Advisory Committee ("Committee") reviewed the case and recommended a penalty. This letter is to notify you of the Committee's recommendation and give you the opportunity to seek a public hearing pursuant to IC 8-1-26-23(k) if you so request. The Division determined the following violation(s): The Committee recommends the following civil penalty IC 8-1-26-16(h)(out) Failure to provide notice of excavation - damage occurred outside requested locate area. Civil Penalty $4,000.00 If you are not disputing the findings and recommended penalty, no further action is necessary at this time. You will receive a Final Order after your case has been approved by the IURC (about 2 months from now). Instructions to complete your penalty, (including where to mail payment and how to schedule training, as applicable,) will be included. If you disagree with the findings or recommended penalty, you have the right to a hearing before the IURC. Requests for hearing must be filed within (30) days of your receipt of this letter and must be in compliance with 170 IAC 1-1.1-3 and GAO 2016-3 (attached) governing filings. Please feel free to contact me with any questions at (317) 232-6735 or dpoon@urc.in.gov. Sincerely, r DeAnna L. Poon Legal Advisor, Advisory Committee Assistant General Counsel, IURC Attachments: 170 IAC 1-1.1-3; GAO 2016-3 M, [I S` , I� n iL41r' BC�, SA Associated Builders and Contractors Indiana Kentucky Memorandum of Understanding 12/9/2022 Please accept this as verification that C & E Excavating, Inc. is a member in good standing of Associated Builders & Contrac- tors of Indiana/Kentucky, Inc. ABC's Program is certified by the Federal Department of Labor, Office of Apprenticeship and Training and by the National Center for Constructions Education and Research (NCCER). ABC of Indiana/Kentucky uses the NCCER curriculum. i C & E Excavating, Inc. had five (5) apprentices completed in Heavy Equipment Operation in the summer of 2022 and plans to enroll a new apprenticeship class in the spring. I Feel free to call me with any questions regarding our apprenticeship program. i Regards, Brianne Feeks Elkhart Apprenticeship Coordinator 2701 Industrial Dr. Ste. 190—Elkhart, Indiana 46516— 574-218-0340 brianne@abcindianakentucky.org t44 w r -- 110,117j, � w � +yam' a�Nf 14 � ��"QN •� � C3 �s a la40 � � • onto d rA N b po d w j 1� ala, p a cU aaav� "War N N N N 1101. p' a a d a C & E Excavating,, Inc. Health and Safety Manual (Revised 9/29/2020) Pg. 2 Table of Contents Pg. 3 Corporate Policy Statement Pg. 4 Code of Safe Practices Pg. 5 Drug and Alcohol Policy Pg. 7 Disciplinary Action for Policy Violation Pg. 9 Disciplinary Policy Pg. 11 Accident Investigation and Reporting Pg. 12 Accident Procedure Pg. 13 Access to Employee Exposure and Medical Records Pg. 15 Release of Employee Medical Records Pg. 16 First Aid Policy Pg. 24 First Aid Kit Inventory Checklist Pg. 25 Designated Medical Treatment Facility Pg. 26 Emergency Action Plan Pg. 27 Job Hazard Analysis Pg. 28 General Instructions Pg. 29 Site Safety Plan Form Pg. 31 Personal Protective Equipment Policy Pg. 34 Ladder Safety Policy Pg. 36 Fire Prevention Policy 2 Corporate Policy Statement Management, staff, and hourly employees of C& E Excavating, Inc. must have a common objective to be successful. Our objective is the healthy, safe, environmentally sound, and productive operation of all C& E Excavatines activities. We have an obligation to preserve the human, physical, and financial resources of our company. In satisfying this obligation, worker safety and health will always be our #1 priority. As such, this basic policy must be considered in every phase of our business including acquisition, job planning, job setup, and performance. Accordingly, our principal objectives are to: • Provide a work environment that is free of unmitigated recognized hazards. • Comply with all laws that regulate employee safety, health, and our environment. • Recognize the priority of safety and health factors over purely economic considerations. Hold each employee accountable for the safe execution of all jobs assigned and full compliance with all environmental, safety, and health related procedures and training. • Train our employees in safe and proper job procedures and required compliance with established procedures, policies and practices. ® Provide comprehensive New Employee Safety Training to all new hires. • Hire only those persons who demonstrate the capacity to comprehend and execute all jobs in a safe and healthful manner consistent with the policies and procedures of the company and the training and job instruction provided. • Promote worker health and safety both on and off the job. • Maintain leadership in safety and accident/incident prevention by continuously improving safety performance and work methods and procedures. First-line supervision has the greatest impact and thus the greatest opportunity to influence and promote safe work practices among our work force in the field. The prevention of accidents/incidents requires everyone's concerted effort and daily attention. Everyone has equal authority and responsibility to take appropriate action to correct unsafe acts/or conditions. A properly planned and executed job will eliminate the chance for losses and return benefits that satisfy needs in each of these areas: • Health, Safety, & Environment ® Morale • Cost • Production • Quality ® Customer Satisfaction All employees will contribute to the company environmental, health, and safety program by following all policies and procedures, bringing unsafe conditions/acts to the attention of management, and recommending actions to improve the effectiveness of the program. Supervisors shall insist that employees observe and obey every rule and regulation necessary for the safe conduct of work, and shall take such action necessary to obtain Compliance. Thad Bessinger President Code of Sae Practices General All persons shall follow these safe practice rules, render every possible aid to safe operations, and report all unsafe conditions or practices to the foreman or superintendent. • Foremen shall insist on employees observing and obeying every rule, regulation, and order as is necessary to the safe conduct of the work, and shall take such action as is necessary to obtain observance. • All employees shall be given frequent accident prevention instructions. Instructions shall be given at least weekly at Safety Meetings. If an employee is not available to attend the Monday Safety Meeting, then that employee should review the discussed topic upon return to work/premises. • Anyone known to be under the influence of drugs or intoxicating substances that impair the employee's ability to safely perform the assigned duties shall not be allowed on the job while in that condition. Suspicion of such influence should be immediately reported to a superior and that employee should cease operation of machinery of any kind. • Horseplay, scuffling, and other acts that tend to have an adverse influence on the safety or well-being of the employees shall be discouraged. • Work shall be well planned and supervised to prevent injuries in the handling of materials and in working together with equipment. • No one shall knowingly be permitted or required to work while the employee's ability or alertness is so impaired by fatigue, illness, or other causes that it might unnecessarily expose the employee or others to injury. • Employees shall not enter manholes, underground vaults, chambers, tanks, silos, or other similar places that receive little ventilation, unless it has been determined that is safe to enter. • Employees shall be instructed to ensure that all guards and other protective devices are in proper places and adjusted, and shall report deficiencies promptly to the foreman or superintendent. • Crowding or pushing when boarding or leaving any vehicle or other conveyance shall be prohibited. • Workers shall not handle or tamper with any electrical equipment, machinery, or air or water lines in a manner not within the scope of their duties, unless they have received instructions from their foreman. • All injuries shall be reported promptly to the foreman or superintendent so that arrangements can be made for medical or first aid treatment. All employees are required to fill out an incident report when injuries occur and submit to the office. • When lifting heavy objects, the large muscles of the leg instead of the smaller muscles of the back shall be used. • Inappropriate footwear or shoes with thin or badly worn soles shall not be worn. ® Materials, tools, or other objects shall not be thrown from buildings or structures until proper precautions are taken to protect others from the falling objects. 4 Drug and Alcohol Polic The company's safety sensitive work, the widespread availability and use of unauthorized, prohibited, illegal or controlled substances, and the company's commitment to maintain a drug free work force, requires the pre- employment, post -accident and unannounced periodic or random drug and alcohol testing of all employees. Additionally, all employees will be subject to searches and inspections of their person, vehicle and personal effects for the presence of illegal or controlled drugs, chemicals or substances, alcohol, explosives, contraband or firearms. Administration Prohibited Activity The Use, bringing onto company property or job site, possession, concealment, transportation, promotion or sale of the following substances or items, by any employee, contractor, subcontractor, their employees and invitees is strictly prohibited, to wit: Illegal drugs, unauthorized controlled substances, look -a -likes, designer, synthetic or any other drug Which may affect an employee's motor functions or alter a person's perception • Prescription drugs/over the counter medication except under the following conditions: The prescription vial shall be labeled by the dispensing pharmacy and the label shall show the employees name, physician, prescription number, date the prescription was filled and the dosage rate. Prescriptions more than 30 days old will not be allowed. ■ The over the counter medication will be in its original package or container. ■ Alcoholic beverages. ® Firearms, weapons, explosives, and ammunition ® Unauthorized items such as stolen property or drug paraphernalia Enforcement As a condition of employment or continued employment, all employees shall be deemed to have and agreed to cooperate with the implementation of this policy and abide by its terms. In addition, as a condition of employment or continued employment, all employees shall be deemed to have agreed to the following enforcement procedures. ■ Searches and Inspections — An individual's entry into, or presence at, company property, or project work sites, is conditioned upon such persons to consent to the right of the company, its authorized representative, or appropriate law enforcement personnel to search the person, his vehicle and personal effects for the presence of unauthorized, prohibited, illegal, or controlled drugs, chemicals or substances, alcohol, explosives, contraband, or firearms. ■ Drug and Alcohol Testing — A pre-employment drug will be required of all persons, prior to being approved for work on the premises of any customer. A post -accident drug and alcohol screen will be required of any employee involved in an on-the-job accident resulting in injury, to himself or others; a serious or potentially serious accident or incident in which safety rules and precautions were 5 violated; issuing unsafe orders or instructions, damaging equipment or property of the company or others, usually careless acts, or where the cause was employee's failure to wear required personal protective equipment. A "for cause" drug and alcohol screen will be required of all persons who show signs of possible intoxication or using or being under the influence of drugs or alcohol, or when such other circumstances exist that would lead a prudent supervisor to be concerned about the employee's safety and the safety of others. a All employees will be subject to unannounced drug and alcohol testing, unless prohibited by law or regulation. Random or periodic testing will be conducted, as permitted by statute or regulation. These tests will be without cause, suspicion, detectable performance problems, or the occurrence of an accident, incident or safety violation. Failure to pass a drug screen will result in immediate termination. All searches, inspections and drug screens will be performed in a professional manner, with concern for the privacy and confidentiality of all individuals. Testing Procedures Laboratory Testing The company will designate the laboratories to perform substance testing on blood or urine specimens in accordance with standards set for the by the National Institute for Drug Abuse. The substances and detection levels covered by this testing program are set forth below. Employees may be asked by collection site personnel to indicate whether there is the potential that they will test positive for prescription or other substances. A consent form and information sheet will be provided. If the employee fails to provide and acceptable urine specimen the company may take the following steps: ® Extend the stay of the employee at the designated collection site, if feasible, until an acceptable specimen can be collected. • Reschedule the test due to unusual circumstances, i.e. post-operative situations. Discipline the employee, up to and including termination, on the first offense for failing to cooperate or refusing to provide an acceptable specimen. M Disciplinary Action for Policy Violation Applicants If the final result of a pre-employment drug screen is positive, the applicant will not be employed. Reemployment of an employee who has previously failed a drug screen is at the discretion of the employer. Contractors, Subcontractors, Vendors, Their Employees' Agents, Servants or Representatives. No search, inspection or drug test will be conducted without written consent. However, anyone who refuses to provide such written consent and does not fully cooperate with this policy will be subject to disciplinary action up to and including removal from the job or job site, as may be appropriate. Preliminary findings of a policy violation may require that the individual involved be suspended from the job pending the results of the company investigation. If the final result of a "random", "for cause" or "post -accident" drug screen is positive, the individual will be permanently barred from job. Administrative Guidelines • All employees will be informed regarding this policy at the time of employment. Additionally it will be discussed periodically at "tail gate" safety meetings. • In the even an employee or terminated employee requests a review be conducted regarding his/her positive test result, the laboratory will conduct a retest of a portion of the same sample previously tested and will make the results of the retest available to the employee or terminated employee provided the request is made within 12 months following the initial test. The employee who requests a retest will be responsible for all costs involved. • A good faith effort will be made to advise any employee who receives a positive test result via a meeting with the employee's Supervisor. Target Substances As a minimum, the following substances and detection levels shall be tested for: Alcohol .04 BAL Amphetamines 1000 NG/ML Opiates 2000 NG/ML Cannabinoids 50 NG/ML Cocaine 300 NG/ML Phencyclidine 25 NG/ML "Concentrations at or in excess of the above levels shall be conclusive proof of unacceptable levels of unauthorized, prohibited, illegal or controlled substances. 7 Client Requirements In the event that an Operator/Client has Drug Testing Guidelines that are more stringent than those outlined above, the client's guidelines will be followed for all work done with that client. Examples of more stringent guidelines include but are not limited to: A greater number of substances (panels) to be tested for • A lower detection/cut off levels • Specified number or percent of employees to be tested on site DOT or similar mandated programs. Disciplinary Policy Purpose PROGRESSIVE DISCIPLINARY PROGRAM The purpose of the company's disciplinary system is to provide a means of addressing misconduct in a just and equitable manner. A proper disciplinary system also contributes to improving employee morale and the working environment. The first disciplinary action to be taken will vary from a documented verbal warning to immediate termination, depending on the circumstances. The normal procedure will be to progress to the next step in the disciplinary system for subsequent violations of the Company policy procedures. In our disciplinary programs, rules and regulations have been divided into two categories according to the type of infraction and penalty. Category I offenses typically pertain to work performance, conduct and general Company rules. Category II offenses are generally more severe and can result in immediate termination. The following steps are normally followed for Category I violations (Category II violations typically start at the third step) each of which is documented on paper and placed in the employees file: 1. Documented Verbal Warning 2. Written Warning 3. Disciplinary Probation 4. Termination Disciplinary probation is defined as the step before termination. In addition the standard disciplinary action form, the employee will also receive a Certified Letter from the Company advising him/her of the seriousness of the matter. The following work rules are outlined to promote the understanding of what is considered unacceptable conduct and to encourage consistent action in the event of violations. You are asked to cooperate in the observance of these rules and regulations which are designed for common protection and benefit of all employees. The disciplinary action form will remain active in your personnel file. The listed violations are to be used as examples and do not include all violations that may occur. CATEGORY I WORK VIOLATIONS 1. Overstaying rest or lunch breaks. 2. Failure to wear appropriate work clothing and use safety gear. If the disregard of safety gear is extensive or habitual, the employee may be sent home without pay in addition to disciplinary action. 3. Inconsiderate behavior or rude with customers or co-workers. 4. Defacing record keeping documents. 5. Disregarding the health, safety, and sanitation rules and practices. 6. Poor or careless work performance or use of Company equipment. 7. Unauthorized use of Company equipment. 8. Leaving the work area during work hours without permission. 9. Unprofessional conduct or inappropriate behavior. 10. Creating discord in the workplace. 11. Repeated and continued time sheet errors including those such as failure to put time on time sheet or inaccurate time. CATEGORY II WORK VIOLATIONS 1. Theft, misappropriation or removal of property belonging to the Company or other individuals. 2. Violations of narcotic laws and/or violation of Company policy regarding the possession, use or dispensing of drugs. 3. Immoral or indecent conduct. 4. Verbally or physically abusive with customers or co-workers. 5. Falsification of payroll records, employment application, misrepresentation of leave of absence, false statement on medical reports or intentionally giving false information relating to employment or Company records. 6. Unauthorized possession or use of weapons on Company premises or locker. 7. Two (2) consecutive scheduled work days off with No Call or No Show or habitual No Call No Show. This includes habitual tardiness. 8. Sleeping or assuming the posture or appearance of sleeping at any time during the shift including breaks and lunch period. 9. Subordination, which shall include, but not be limited to the refusal to work scheduled hours, or refusal or failure to accept and perform job assignments or carry out instructions as directed by the foreman or Project Manager. Unless such compliance clearly exposes the employee to an immediate health or safety hazard, or is beyond the limits of his/her professional licensure, the employee must perform the assigned task. Any complaint can be taken up later with management. If appropriate the employee may be sent home without pay. 10. Damaging or abusing Company property (equipment), jobsite, valuables, or any person through carelessness or negligence. A. The policy of the company will be that the violator will compensate either by personal check or through payroll deduction the value of the damage. 11. Negligent conduct or work performance. B. The policy of the company will be that the violator will correct the work performance without reimbursement through payroll for the time to rectify the work. 12. Impaired ability to perform the job safely and completely due to alcohol or drugs or the unauthorized possession or consumption on company or customer's premises. 13. A total of three (3) written warnings and/or disciplinary probation in any combination in Category I or II issued in a two (2) year period. C & E EXCAVATING, INC. RESERVES THE RIGHT TO TERMINATE EMPLOYMENT AT THEIR DISCRETION. 10 Accident Investigation and Reporting► Policy C & E Excavating, Inc. requires all employees to immediately report to their supervisor all accidents and incidents that result in injury or property damage, and all near misses with the potential for serious injury or property damage. Supervisors will report the accident promptly to management. Each incident will be analyzed to determine causes and contributing factors and the analysis will be used to reduce or eliminate the risk of further incident. Definitions: An Accident is defined as an unplanned event that causes harm to people or damage to property. Accidents are categorized as one of the following: Lost Time Injury (LTI) refers to any injury that prevents a worker from coming to work on the day following the day of the injury. Medical Aid refers to any injury not severe enough to warrant more than the day of injury off, but where medical treatment by a doctor is given. First Aid refers only to injuries that can be treated on the job without any days lost. An Incident is defined as property damage but with no injury to workers. A Near Miss is a situation in which no injury or damage occurred but might have if conditions had been slightly different. Occupational Illness is defined as a condition resulting from a worker's exposure to chemical, biological or physical agents in the workplace to the extent that the health of the worker is impaired. Critical Injury is defined as an injury of a serious nature that: ■ Places life in jeopardy; • Produces unconsciousness; a Results in substantial loss of blood; • Involves the fracture of a leg or arm but not a finger or toe; ■ Involves the amputation of a leg, arm, hand or foot but not a finger or toe; ■ Consists of burns to a major portion of the body; or ■ Causes the loss of sight to an eye. Role of Supervisor in an Accident Investigation The Supervisor and the Safety Officer must investigate all accidents and incidents that involve workers. This includes completing the Accident Investigation Report (See Accident Report, Attachment 4-1), taking statements from witnesses (See Witness Statement Form, Attachment 4-2) and collecting any other pertinent information and ensuring the injured worker has received the necessary medical assistance. 11 The supervisor is responsible for ensuring that all accident reports are transmitted to the Safety Department as described below. If a worker sustaining a First Aid later seeks medical aid, the supervisor must advise the Safety Department and have the treating practitioner complete a Functional Abilities Form. The supervisor should contact the injured worker as frequently as the injury deems, or at least once a week. If you require assistance, contact the Safety Officer. Accident Procedure ■ The employee reports a work related accident • Administer first aid as required • Arrange for transportation for injured employee to medical treatment if required • Eliminate the hazard if possible or guard the accident scene if worker is critically injured • Investigate the cause of the accident and report findings in the Accident Incident Report form. Ensure all areas of the form are completed. • Send copy of the form to Safety Officer ■ Report all accidents/incidents as follows: • Lost Time Injuries ■ Medical Aid • First Aid ■ Incidents and Near Misses 12 Access to Employee Exposure and Medical Records Purpose The purpose of this section is to provide employees and their designated representatives a right of access to relevant exposure and medical records in order to fulfill responsibilities under the Occupational Safety and Health Act. Access by employees and their representatives, is necessary to yield both direct and indirect improvements in the detection, treatment, and prevention of occupational disease. Scope This section applies to all employee exposure and medical records, and analyses thereof, made or maintained in any manner, including an in-house or contractual basis. C & E Excavating, Inc. shall assure that the preservation and access requirements of this section are complied with regardless of the manner in which records are made or maintained. Notification Upon initial employment employees will be briefed and at least annually thereafter, informed via a bulletin board posting of the following: • The existence, location and availability of employee records for exposure to toxic substances or harmful physical agents. • The person responsible for maintaining and providing access to the records. Contact your Resources Manager or Safety Representative to initiate this request. • The employee right of access to those records. • The entire section pertaining to the Access to Employee Exposure and Medical Records is available for employee review by contacting the Safety Representative. Record Keeping • The Human Resources Manager is responsible for maintaining and providing access to employees' medical records. These records are kept separately from other employee records. • The medical records of employees who have worked for less than (1) year for the employer need not be retained beyond the term of employment if they are provided to the employee upon the termination of employment. • Employee exposure records shall be maintained for the duration of employment and for 30 years thereafter and should include the following: • Environmental (workplace) monitoring including personal, area, grab, swipe (wipe over a designated area), etc. type samples. • Biological monitoring—level of chemical in the blood, urine, hair, fingernails, etc. 13 Safety data sheets or a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common, or trade name) of a toxic substance or harmful physical agent. Access • Each employee or designated representative has the right to request access to his/her records. The company shall assure that access is provided in a reasonable time, place, and manner. • The employee may access his/her records by making a request to the Human Resources Manager. The company will release an employee's medical records only if the employee has given specific, written consent (see Attachment 6-1). • If the company cannot reasonably provide access to the record within fifteen (15) working days, the company shall within the fifteen (15) working days apprise the employee or designated representative requesting the record of the reason for the delay and the earliest date when the record can be made available. • In the case of an original X-ray, the employer may restrict access to on-site examination or make other suitable arrangements for the temporary loan of the X-ray. ■ Records or copies will be provided at no cost to the employee. • Whenever a record has been previously provided without cost to an employee or designated representative, the company may charge reasonable, non-discriminatory administrative costs (i.e., search and copying expenses but not including overhead expenses) for a request by the employee or designated representative for additional copies of the record. • No charge for an initial request for a copy of new information that has been added to a record which was previously provided. • No charge for an initial request by a recognized or certified collective bargaining agent for a copy of an employee exposure record or an analysis using exposure or medical records. Transfer of records Whenever ceasing to do business, the company shall transfer all records subject to this section to the successor employer. The successor employer shall receive and maintain these records. Whenever ceasing to do business and there is no successor employer to receive and maintain the records subject to this standard, the company shall notify affected employees of their rights of access to records at least three (3) months prior to the cessation of business. References Code of Federal Regulation, Title 29, Part 1910.1020 14 Release of Employee Medical Records Attachment 6-1 Sample Authorization letter for the release of employee medical record information to a designated representative 1, , (full name of worker/patient) hereby authorize (individual or organization holding the medical records) to release to (individual or organization authorized to receive the medical information), the following medical information from my personal medical records: (Describe below: In general words, the information desired to be released). I give my permission for this medical information to be used for the following purpose: But I do not give permission for any other use or re -disclosure of this information. (Note: Several extra lines are provided below so that you can place additional restrictions on this authorization letter if you want to. You may, however, leave these lines blank. On the other hand, you may want to (1) specify a particular expiration date for this letter (if less than one year); (2) describe medical information to be created in the future that you intend to be covered by this authorization letter; or (3) describe portions of the medical information in your records which you do not intend to be released as a result of this letter.) Full (printed) name of Employee or Legal Representative: Signature of Employee or Legal Representative & Date: 15 First Aid Policy This policy is to insure that prompt and effective medical assistance is provided to the employees of C& E Excavating, Inc. in case of workplace injury or illness, the following first aid and medical services procedure is provided. It is the responsibility of each manager / supervisor to assure that compliance to the First Aid & Medical Services Procedure is provided. This policy covers minimum performance standards applicable to all C & E Excavating's employees and locations. Local practices requiring more detailed or stringent rules, or local, state or other federal requirements regarding this subject can and should be added as an addendum to this procedure as applicable. Purpose This First Aid & Medical Services Procedure is designed to establish specific common guidelines for C & E Excavating, Inc. to follow in assuring that prompt medical attention is provided to employees suffering from either a work related or non -work related injury or illness. C & E Excavating, Inc. facility and jobsites must ensure that readily available medical personnel and first aid supplies are available to all employees to provide advice and consultation within reason, regarding matters of employee occupational health and to respond in case of accident. This includes identifying and posting the location of a designated medical treatment facility and/or emergency care center in a conspicuous location at each fixed location or fixed jobsite. Should outside medical services be unable to respond in a reasonable amount of time as defined by OSHA (3 to 4 minutes), C & E Excavating, Inc. facility and jobsites may use various strategies to provide access within this time frame, such as training internal personnel who will be capable of acting as voluntary first responders. Scope Applies to all C & E Excavating, Inc. work sites, i.e., offices, client job sites, etc., and includes visitors, vendors, and subcontractors. 16 Definitions Established Medical Treatment Facility means the occupational medical treatment provider and/or emergency care center identified as being capable of, and established by an C & E Excavating, Inc. location to initially treat employee injuries and illnesses. First Aid means the following types of treatment: ■ Using non-prescription medications at non-prescription strength ■ Cleaning, flushing, or soaking wounds on the skin surface • Using wound coverings, such as bandages, 'BandAids', gauze pads, etc., or using 'SteriStrips' or butterfly bandages ■ Using hot or cold therapy • Using any totally non -rigid means of support, such as elastic bandages, wraps, etc. • Using temporary immobilization devices while transporting an employee, such as splints, slings, neck collars, or back boards ® Drilling a fingernail or toenail to relieve pressure, or draining fluids from blisters ■ Using eye patches ■ Using simple irrigation or a cotton swab to remove foreign bodies not embedded in or adhered to the eye • Using irrigation, tweezers, cotton swab or other simple means to remove splinters or foreign material from areas OTHER than the eye • Using finger guards • Using massages ® Drinking fluids to relieve heat stress Illness can be classified as a skin disease/disorder, respiratory condition, poisoning, or other illnesses resulting from an event in the work environment. Examples include, but are not limited to: ■ Contact dermatitis ■ Eczema • Silicosis • Asbestosis • Toxic inhalation ■ Poisonings by lead, mercury, or other metals Poisonings by carbon monoxide, hydrogen sulfide, or other gases ® Poisonings by organic solvents or by other chemicals © Heatstroke, sunstroke, heat exhaustion, or other heat -related factors Freezing, frostbite, or other cold -related factors 17 ■ Effects of Non -ionizing radiation (welder's flash or lasers) • Bloodborne Pathenogenic diseases ■ Microbial Exposure ■ Ionizing Radiation injury means any wound or damage to the body resulting from an event in the work environment. Examples include: • Cut/laceration • Puncture • Abrasion • Contusion/bruise • Fracture ■ Chipped tooth Amputation • Insect bite • Electrocution • Thermal, chemical, electrical or radiation burn and, sprain/strain injuries to muscles, joints and connective tissues when the result from a slip, trip, fall or other similar accident Medical Treatment means the managing and caring for a patient for the purpose of combating disease or disorder. The following activities are NOT medical treatment: • First aid • Visits to a doctor solely for observation or counseling ® Diagnostic procedures, including the administering prescription medications that are used solely for diagnostic procedures Work-related Injury or Illness means an injury or illness resulting from an event or exposure in the work environment causing or contributing to the condition or significantly aggravating a preexisting condition. Work Environment means includes work sites where one or more employees are present as a condition of their employment. Requirements Designated Medical Treatment Facilit C & E Excavating, Inc. will ensure that readily available medical personnel are available to employees to provide advice and consultation within reason regarding matters of employee occupational health. 18 Requirements Continued The facility and jobsite must identify and post the location of a designated medical treatment facility and/or emergency care center including name, address, telephone number, and hours of operation. This information should be posted in a conspicuous location at the facility or job site. The designated medical treatment facility or emergency care center should maintain similar hours of operation as the facility and be able to respond to a workplace emergency within a reasonable amount of time. First Aid ALL INJURIES, REGARDLESS OF HOW SMALL, MUST BE REPORTED TO THE EMPLOYEE'S IMMEDIATE SUPERVISOR AND TREATED AS SOON AS POSSIBLE AFTER AN ACCIDENT. If an employee becomes injured or ill anywhere due to a work-related or non -work related problem and needs immediate medical aid, it must be reported to his/her Supervisor or the Safety Officer. Failure to report minor injuries or to receive supervised medical treatment may result in serious infections or complications to the employee's health. In the absence of a clinic or hospital near the workplace, OSHA regulations require that a person or persons be trained to render first aid and that first aid supplies be readily available. Although the term "readily available" has not been defined in the regulations, OSHA has indicated that 3-4 minutes is acceptable as the time frame within which to begin first aid. OSHA's interpretation presents a challenge to a service company like C & E Excavating, Inc. because our "workplace" is not always in a fixed location -- it is a changing environment that follows the employee wherever they may be working. Accordingly, C & E Excavating, Inc. will use various strategies to provide employees with access to First Aid. These may include training C & E Excavating, Inc. personnel to self-administer First Aid; training C & E Excavating, Inc. personnel who are willing to serve as "first responders" and render First Aid/CPR to others on a voluntary basis; providing access to trained individuals from other companies who work alongside C & E Excavating, Inc. at job sites; providing access to client medical clinics; or calling 9-1-1 or local emergency phone numbers as indicated in the Health and Safety Plan. Because of the potential for exposure to blood borne pathogens and significant liability concerns, there is no job in the Company that requires an employee to render First Aid or cardiopulmonary resuscitation (CPR) in the course and scope of their employment, unless such a requirement becomes necessary due to local, State or Federal Safety and Health Regulations. Transportation of injured persons will be by ambulance unless a volunteer chooses to assist by driving the injured employee to a medical facility. If there is any question as to the best method of transportation an ambulance should be utilized. When C & E Excavating, Inc.'s strategy for providing access to First Aid/CPR involves the use of "first responders", a First Responders Program should be established and administered at the local level. The Safety Officer is responsible for monitoring and maintaining this program, if implemented. 19 Elements of the First Responder Program should include: • Safety Officer must be certified in basic First Aid & CPR per a recognized certification source such as the Red Cross, local hospital, etc. The Red Cross first aid course and CPR course are approximately 8 hours in duration. CPR requires annual refreshers. First Aid requires refreshers every three (3) years. * Safety Officer will seek employees who wish to volunteer to be trained and certified in basic First Aid & CPR per a recognized certification source as defined by local or State requirements. These employees must maintain "current" First Aid and CPR certification, appropriately documented, in their personnel file. • Basic First Aid & CPR will be administered by First Responders only to stabilize the employee until professional medical attention can be provided. Employee First Aid / CPR Employee training in basic First Aid and cardiopulmonary resuscitation (CPR) is encouraged because of its value and benefit to individuals, their families and the community. The company also supports any employee who, while on the job, chooses to act as a "Good Samaritan" to assist a fellow employee or another person with First Aid or CPR. It is C & E Excavating's intent that first Aid supplies and basic personal protective equipment against blood borne pathogens be accessible to employees at every work site during all shifts. If an employee makes the decision to provide first aid to someone, universal precautions shall be followed and it should be assumed that all blood and bodily fluids are contaminated with blood borne pathogens. In addition, they should wear protective medical gloves found in the First Aid Kit and use any other personal protective equipment (such as protective glasses with side shields or a full face shield) to help avoid exposure to blood in the eyes or on the face. First Aid providers should follow the example of emergency medical personnel, doctors and nurses who wear personal protective equipment to prevent exposure to blood borne pathogens. If blood or potentially contaminated material gets on the skin, it must be washed off immediately using water and a non-abrasive soap. If available, an antiseptic soap or rinse must be used. If blood ever gets in the eyes, lips, mouth or nose, the employee must go to a sink, water fountain, eye wash or body wash station and flush the area with running water as quickly as he/she can. The supervisor must always be aware of the potential exposure to a blood borne pathogen after the employee has washed or flushed the exposed area. Decontamination of the exposed surfaces, tools and equipment should be conducted. This must be done immediately, and no later than the end of the shift or work period. Remember that there is a vaccine for Hepatitis B. This must be discussed with a physician as soon as possible after a potential exposure. 20 First Aid Stations / First Aid Kits A First Aid Station or First Aid Kit is to be readily available to employees as described previously. For employees working off -premises, a first aid kit should be provided in each company vehicle, signed-out for use when traveling in personal vehicles and rental vehicles, or provided on the jobsite. Whether within the facility or in a vehicle, each First Aid Kit must be stored in a properly labeled weather- proof container, stocked with the basic supplies specified in the inventory in Attachment 7-1. The physician's approval of the inventory list is not required, but may be needed to address unusual exposure situations. IMPORTANT: If an employee declines First Aid and/or medical treatment for a reported on-the-job injury after the Supervisor recommends it, that employee should NOT be allowed to continue work. Supervisors should discuss each situation with the Safety Officer or Project Manager before allowing that employee to return to duty. The Safety Officer, or someone he/she may designate, is responsible for checking and maintaining the First Aid Cabinets. Supervisors on jobsites are responsible for assuring suitable supplies are provided in the first aid kits on-site or in their vehicles. This person will take a weekly inventory of supplies and make sure the station or kit remains adequately stocked. A basic inventory list for First Aid Kits is provided on Attachment 7-1. Because of the variety of operations that the Company is involved in, it is suggested that consultation with the Facility's designated medical treatment facility be arranged to determine if the First Aid Kits are adequate for the operational exposures of your particular workplace. Attachment 7-1 can be photocopied and used as a guide for re -ordering supplies. Emergency Eye / Body Wash Stations Where the eyes and/or body of any employee may be exposed to injurious chemical / corrosive materials, suitable eye and/or body drenching and/or flushing facilities shall be provided at the C & E Excavating Inc. facility. Emergency eye and/or body wash stations can be either of temporary or permanent installation. In areas where the extent of possible exposure to injurious chemical / corrosive materials is very low, a specially designated pressure controlled and identified water hose can be used when proper personal protective equipment also is used (e.g. full face shield). The hose system must be equipped with a proper face and body wash nozzle and provide copious amounts of low velocity potable water. An appropriate portable eye wash device containing not less than one gallon of potable water, would also be acceptable under these conditions. At locations where hazardous chemical / corrosive materials are handled by employees (e.g. battery servicing facility), proper eyewash and body drenching equipment must be available. Although OSHA has not adopted specific requirements regarding flow rates for drenching/flushing facilities, ANSI Z358.1 provides detailed information regarding the installation and operation of emergency eyewash and shower equipment, including the requirements for flow rate. 21 Section 4.1 of ANSI Z358.1 specifies that emergency shower heads shall be capable of delivering a minimum of 20 gallons per minute (gpm) of flushing fluid at a velocity low enough to be non -injurious to the user. A sufficient volume of flushing fluid shall be available to supply the flow rate for a minimum fifteen minute period. As such, both temporary and permanently installed eye / body wash stations must provide at least 20 gpm for 15 mins. Inspection and maintenance of eye wash systems should be provided at least weekly by assuring sanitary conditions and /or following the manufacturer's requirements for maintenance. Plumbed systems should also be provided a water flow test to minimize contaminants in the line. Inspection and maintenance should be properly documented. 22 Blood borne Patho ens Universal Precautions Training When an employee comes into direct contact with blood, bodily fluids or body tissues of another person, they are at risk of becoming infected with diseases that may be carried in the other person's body fluids. Accidental exposures can happen on or off the work site, in any number of day-to-day situations. This is why the Company believes that each employee should have a basic understanding and awareness of the dangers of contracting a potentially deadly disease through such exposures. Communicating basic information about these hazards, including information contained in this policy, is part of the Company's safety and health program. Therefore, employees should receive a basic awareness level training concerning "Universal Precautions" such that employees may follow Universal Precautions in the event of potential exposure to blood or other body fluids. Training Requirements Training records must be maintained by the Safety Officer containing the date of the training, a summary of the training session, names and qualifications of the instructors conducting the training and the names and job titles of the persons attending the training. Training records must be maintained for a minimum of three (3) years from the date the training was conducted. Training must be conducted by a qualified and competent person knowledgeable in the subject matter. First Responder Exposure If an employee is a First Responder or decides to be a "Good Samaritan" and provides first aid on an injured victim involving blood or bodily fluids, personal protective equipment must be used and Universal Precautions followed treating all bodilyfluids as infectious. Referto OSHA 29CFR 1910.1030 - Blood borne Pathogens Standard and Policy Section 9 — Blood borne Pathogens for specific information. In addition to those items listed in Attachment 7-1 and/or possibly required by a consulting physician, First Aid Stations must at least include the following supplies: ® latex gloves 0 one-way valve CPR mask • biohazard bags • plastic baggies • tongs References OSHA 29 CFR 1926.50 OSHA 29 CFR 19 23 First Aid Kit Inventory Checklist Attachment 7-1 The First Aid Kit should contain the following or similar items but commercially available Kits vary widely and need not be identical in every respect. Item Name Protective Rubber Gloves (Surgical Type) Protective CPR Mask w/One-Way Valve Protective eyeware and face covering Antiseptic Soap Absorbent guaze, 24"02" Spool of absorbent gauze Large adhesive bandages, 1" Small adhesive bandages, 1/2" Bandage compresses, 4" (1 per pkg.) Eye dressing Bandage scissors Tweezers Triangular bandages (1 per pkg.) Antiseptic pads (3 per pack) Medical adhesive tape Self -activating cool packs Burn ointment Sterile eye wash, in bottle Heavy-duty sealable plastic bags Disposable splints Approved biohazard bags, red in color Large Baggies Tongs American Red Cross Pocket First Aid Guide First Aid Kit Inventory Checklist forms/ First Aid Reports Quantity on Quant. Need Hand to order 2 Pair 1 each 1 each 1 each 1 pkg. 1 spool 1 pkg. 1 pkg. 1 pkg. 1 pkg. 1 pair 1 pair 3 pkgs. 2 pkgs. 1 roll 2 each 4 pkgs. 1 each 3 each 1 set 4 each 4 each 2 each 1 each 5 each 24 First Aid Report Form Date of Report: Location of report: Consulting Physician (If Applicable): Address of person reporting: Telephone Number: Name of Person taking report: Designated Medical Treatment Facility Attachment 7-2 Cell: IN CASE OF EMPLOYEE ACCIDENT OR INJURY, THE FOLLOWING DESIGNATED MEDICAL TREATMENT FACILITY HAS BEEN IDENTIFIED TO DIRECT THE INJURED EMPLOYEE FOR IMMEDIATE TREATMENT: NAME OF MEDICAL TREATMENT FACILITY ADDRESS: TELEPHONE NUMBER: EMERGENCY TELEPHONE NUMBER: HOURS OF OPERATION: SUPERVISOR OR SAFETY OFFICER: SUPERVISOR OR SAFETY OFFICER CELL/ PAGER NUMBER: ALL WORK-RELATED INJURIES OR ILLNESSES MUST BE IMMEDIATELY REPORTED TO THE SUPERVISOR. 25 Emergency Action Plan Purpose To provide a systematic method of implementing an Emergency Action Plan for a mobile and seasonal workforce, so as to ensure a minimum of confusion and injury in an emergency. Policy Because our employees work in a variety of client facilities and in multiple locations within a location, an Emergency Action Plan needs to be adaptable to any situation. The project superintendent on a job is responsible for coordinating with the client on the evacuation route and emergency procedures for the job, and thereafter advising all employees of that information. Procedures The emergency evacuation plan for a temporary job trailers or office areas shall identify the safest most direct route to the client's gate. Due to the dispersion of our personnel around a plant it is not practical to attempt to draw evacuation maps for every unit in the facility. In lieu of evacuation plans, all personnel have been instructed to have the senior representative on their job coordinate with the client contact person to ascertain the evacuation route to be taken by client's personnel in the unit being worked at the beginning of the project. Employees will follow the individual evacuation plans to be used by client in the various jobsites. After the safe rally point has been reached, the senior employee will ask a client's representative to call the Company's site supervisor on the radio with an accurate head count and location. In the event that an employee is the first person to spot a fire or other emergency he/she is authorized to sound an alarm. Employees shall vacate the area as soon as an alarm is sounded. The most important function of all employees is to report to the senior representative on site. Employees are not employed to fight fires. All employees are informed of their responsibilities under this plan upon initial assignment to the plant. All employees have their emergency duties reinforced in regular safety meetings. The Company will continue to provide a detailed emergency evacuation plan and map during all jobs and projects. Purpose The purpose of the Hazard Analysis is to provide a method for a supervisor and his/her crew to inspect an upcoming job, identify potential hazards related to that job, and to arrive at agreement on the development of a Safe Work Plan for completing their assignment. 26 Job Hazard Analysis Policy Once the client/owner has issued a permit, it is each C & E Excavating, Inc. employee's responsibility to ensure that the Safe Work Plan for the work he/she is about to do is properly developed. After receiving a valid work permit from the client/owner and before starting a job, each crew shall review the permit requirements and perform a thorough Hazard Analysis. The Hazard Analysis process serves as C & E Excavating, Inc. Safe Work Plan. As such, by completing the process and signing on the back of the form, employees are indicating that they are prepared to accomplish the assigned task efficiently and safely. In the event conditions change, the Hazard Analysis Form must be updated. Potential hazards, including those specific to the task and those general to the work area, must be discussed and a plan formulated to eliminate or minimize identified hazards. Each person on the crew must understand his/her role relating to the tasks at hand. When a new worker is assigned to a job in progress, the Hazard Analysis must be reviewed with this person and he/she must sign the form before beginning work. Procedure Once the client/owner work permit has been issued, the assigned crew shall conduct a thorough Hazard Analysis session at the job site, which includes, but is not limited to: Walking the job and reviewing all elements of the assignment. The supervisor shall identify all equipment that is to be worked on. Identifying existing and/or potential hazards and take appropriate action to eliminate or minimize identified hazards; reaching agreement on the safest plan to complete the assigned task. Each person on the crew must thoroughly understand their role in the upcoming tasks. ® Evaluating PPE requirements and upgrading permit required PPE or providing additional PPE whenever necessary to provide maximum level of employee protection. Ensuring that all workers know and are properly trained for their assignment(s). Posting the completed form(s) along with the work permit in a conspicuous place in the work area. In the event it is not possible to post the form(s), they shall be kept readily available at the job site. The forms shall be kept in a manner that protects them from weather damage. Whenever possible the supervisor shall be involved in the Hazard Analysis Session. However, there are times when this is not possible. Should the supervisor find that he/she will not be available, he/she shall assign a competent person to lead the session. As soon as practical following the beginning of a job, the supervisor shall review all Hazard Analysis Forms of crews assigned to him/her and sign the back of the form in the section provided. 27 General Instructions • Print and make sure the form is legible/readable. The only place you do not print required information is when you place your signature on the back of the form. Involve the entire crew in the process. The more eyes and experience used to identify hazards, the better. • Whenever possible, the completed Site Safety Plan should be reviewed for proper completion and signed by the designated lead person, foreman, supervisor or Safety dept. representative before the work is started. If this is not possible, the form should be reviewed as soon as practical. When the form (s) is completed, it must be posted & readily available at the job site. 28 Site Safety Plan Form Date - Enter the date the work will be performed and the time you started the Hazard Analysis process. Emergency Communication - Enter the phone number(s) for reporting emergencies at that location Site Name — Enter the name of site where work will be performed. Location - Enter the city/state where the work will be performed. Tech. Team Leader - Enter the name of the immediate foreman or supervisor. Support Technicians - Clearly print the name(s) of each person that will be working on the job. This may include employees not associated with C & E Excavating, Inc., such as other contractors or client personnel working with you. Yes, No, N/A Questions - Each one of these questions requires an answer. Carefully consider each question and how it will affect or apply to the work being performed. If the question doesn't apply to the job, mark it "N/A" (Not applicable). Each question is important. Departure Time —Time the crew completed work on site. Arrival Time —Time the crew arrived on site. Site Contact - Enter the name of the client contact person for that job. Tech. Team Leader Si nature - Now that you have filled in the blanks and answered the questions, review the Site Safety form with all crewmembers and any other contractor client personnel working on the job. Tech. Team Leader will sign form ONLY after all technicians have reviewed the site safety form. Additional Special instructions Comments — Include any additional special instructions or comments Now you can start the job! Remember, the form is complete, but the process continues. Always remain alert for changing conditions. The Site Safety Plan must be modified/updated if conditions change or new hazards are found. Any modifications must be communicated with all crewmembers. *Remember to review the Site Safety Plan with any new crewmembers that are added while the job is in progress. Their name(s) must also be added to the Hazard Analysis form. Post all completed forms in a conspicuous and readily available location. 29 Attachment 9-1 C & E Excavating, Inc. SITE SAFETY PLAN Date: Site Name: Company Representative *(This person is responsible for keeping attendance at the site and for filling out all paperwork/permits that may be required) Other Employees: Emergency Communication: Location: DESCRIPTIONS YES — NO - N/A - COMMENTS • Is the scope of work fully understood? • Has the Job Duties been reviewed? Has the site manager been contacted? • Are employees are aware of communication systems? Have site hazards been reviewed? • Are all employees aware of the materials required? ■ Are all employees aware of the hazards that may be encountered? Is a vehicle being used to perform the Job Duties? q Is Fire Extinguisher on board the vehicle, if required? Has Fire Extinguisher been charged, if required? • Is the First Aid Kit on board vehicle and has it been re -stocked? Has a Vehicle inspection been conducted? ® Has the proper personal protective equipment (PPE) been issued? Have Employees been trained on proper use, maintenance and storage of PPE? • Are employees aware of emergency procedures associated with the location? (Add other Descriptions as needed below) Arrival Time: Site Contact: Departure Time: C&E Excavating Representative (Signature): Additional Special Instructions/Comments: REMEMBER: SMOKING IS PROHIBITED AT ALL JOB SITES 3e] Personal Protective Equipment Policy Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition if necessary because of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact. Personal Protective Equipment Training Employees expected to wear Personal Protective Equipment (PPE) will be trained as follows: • Exposures and how to identify them • Types of PPE to wear as protection from each exposure • When to wear them • How to wear PPE properly • How to care for, clean and properly store PPE. An employer shall verify that each affected employee has received and understood the required training through a written certification that contains all of the following information: The name of each employee trained. • The date of training. • The subject of certification. Personal Protective Equipment Use Head Protection Approved hard hats must be worn if employees could be struck by falling objects, are in danger of striking their heads on fixed objects, or there is a shock hazard from working near exposed electrical conductors. Do not drill holes in the hard hat for ventilation; it destroys the integrity to protect you from blows to the head. Hard hats shall comply with ANSI Z89.1-1986, Class A or B. Class B is required for exposure to high voltage shocks, above 600 volts. Where there is risk of injury from hair entanglements in moving parts of machinery, combustibles, or toxic contaminants, employees shall confine their hair with nets, or other suitable restrictive devices to eliminate the hazard. 31 Eve and Face Protection Employees working in locations where there is a risk of receiving eye injuries such as punctures, abrasions, contusions, or burns as a result of coming in contact with flying particles, hazardous substances, projections, or injurious light rays which are inherent to the work or environment shall be safeguarded by means of face or eye protection. Suitable screens or shields isolating the hazardous exposure may be considered adequate safeguarding for nearby employees, i.e. welding screens. Where eye protection is required and the employee requires vision correction, the following eye protection shall be provided: Safety glasses with suitable corrected lenses, or Safety goggles designed to fit over glasses, or Protective goggles with corrective lenses mounted behind the protective lenses. The wearing of contact lenses is prohibited in working environments having harmful exposure to materials, or light flashes, except with medically approved devices. Side shields shall be worn whenever the hazard of flying objects is angular as well as frontal. Body Protection Protection such as rubber aprons or sleeves may be necessary in certain environments where splashing of Hazardous materials or other common substances such as water would pose a risk to the employee. Flying metal particles or molten metal are examples of hazards that could penetrate normal clothing and injure the employee, requiring leather protective sleeves and/or vests. In all cases, clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, lapels, cuffs, or other loose clothing which can become entangled in moving machinery will not be worn. Clothing containing flammable liquids, corrosive substances, pesticides, irritants, or oxidizing agents shall be removed and not worn until properly laundered. 32 Hand Protection There are many types of gloves and made of many different types of materials, each with a specific application. Gloves will be worn as precaution from the following exposures: • Chemicals - check the Safety Data Sheets (SDS) for listed PPE required for safe handling * Cuts * Hot work No glove can protect against all hazards so select the appropriate glove for the job. Where there is risk of injury from glove entanglement in moving parts of machinery, employees shall not wear gloves and use other methods to protect their hands from injury exposure. Jewelry, such as rings has caused the loss of many fingers. Be aware that wrist watches, and other jewelry can be caught in moving machinery, or caught on a protruding hook or nail. Never wear metallic jewelry or other objects when working around electrically energized equipment. Foot Protection For work in areas where feet are in danger of: * Being struck by falling or heavy rolling objects and crushed or penetrated, steel -toed shoes, or steel covers are recommended. * Working around boards with nails, or scrap metal, you need protection from punctures. Hearing Protection Hearing protection will be made available to all employees exposed to sources of noise 85 dB or greater, as measured by a sound level meter or identified by the contracting company. In general, anytime someone must elevate their voice to be heard, hearing protection will be worn. Hearing protector equipment consists of earplugs (various NRR) or muffs (industrial). 33 Ladder Safety Policy The Ladder Safety Policy is intended to provide employees with safe guidelines for the use of portable ladders, while complying with applicable OSHA and other Regulatory Compliance Standards. This policy is designed to meet or exceed ANSI requirements. Policy Except where either permanent or temporary stairways or suitable ramps or runways are provided, employees are to only use manufactured portable ladders that are labeled as being designed and manufactured in accordance with the provisions of the American National Standards Institute. Under no circumstances are portable ladders to be used unless conditions are considered safe, secure and in compliance with OSHA and company procedures and safe work practices. Procedures • The use of ladders with broken or missing rungs or steps, broken or split side rails, or other faulty or defective construction is prohibited. All rungs, cleats, and steps will be parallel, level and uniformly spaced when the ladder is being used. All ladders will be inspected prior to use by a competent person. When ladders with such defects are discovered they must be immediately removed from service and tagged as such. ® Employees will face the ladder and will not carry material or tools in their hands while ascending or descending. Ladders will not be loaded beyond the maximum intended load for which they were built or beyond the manufacturer's rated capacity. All ladders shall be placed on secure footing, and the area around the top and bottom will be kept clear of work materials, tools and debris. • Planks will not be used on the top step of stepladders. ® Portable ladders will be placed and used at a pitch that places the horizontal distance, from the top support to the foot of the ladder, at about one-quarter of the working length of the ladder. Ladders will not be used in a horizontal position as a platform, runway or scaffold. Ladders shall not be placed in front of doors, unless door is blocked open, and/or a barricade or guard is provided. ® Ladders shall not be placed on scaffold, boxes, boards, barrels, or other unstable bases. Ladders shall not be spliced together. • Employees will not stand on the top cap or the step below the top cap of a stepladder. Any ladder splashed with caustic or acid shall not be used until thoroughly cleaned and inspected for possible corrosive damage. ® There shall be ample clearance and clear access at the top and bottom of portable ladders. Portable rung ladders shall only be used with the metal supports on the underside. 34 • No ladder shall be used to gain access to a roof unless it extends at least 3 feet above the point of highest support with the building. Side rails must extend not less than 36" above any landing. When this is not practical, grab rails will be provided to facilitate employee movement to and from the point of access. Portable metal ladders will not be used for electrical work or where they may contact electrical conductors. All ladders shall be equipped with non -slip bases when a hazard of slipping exists. • All ladders will be tied off on top, blocked or otherwise secured to prevent movement before work is performed from them. ® All ladders must have a minimum width of 12 inches. All ladders must have a distance of 12" between rungs. ® The company prefers not to use or issue chain ladders, however if a client provides or mandates chain ladder usage, a thorough pre -use inspection of the ladder(s) must be performed. When there is a need for this type of ladder, wire rope ladders are preferred. • Stepladders shall not exceed 20 feet in length. p Extension ladders shall be equipped with positive stops. ■ Ladders shall be maintained in good condition. • Only one employee is to work on or climb a ladder at the same time. All work done from a ladder shall be within an individual's normal reach and with no overextending allowed. • All work done from a ladder that exposes a worker to a fall potential of 6 feet or more requires the worker to wear a harness and be tied off per the Fall Protection Policy. Employees are not permitted to stand or work off of the top three rungs or cleats of a ladder unless there are members of the structure that provide a firm handhold, or the employee is protected by personal fall protection. 35 Fire Prevention Policy Purpose Fire Prevention/Protection Policy is intended to provide compliance with all related OSHA regulation and standard safe work practice. The purpose of the policy is to prevent fires and to provide guidelines for action in the event that a fire does occur. Fire prevention program combines the following policies: • PPE Policy • Emergency Action Plan Other programs or policies as necessary These policies encompass methods used for incidence avoidance, incident response and specialized training required in the event of a fire. Policy Employees shall be informed of the proper actions to take in the event of a fire. This includes, but is not limited to; notification and evacuation procedures. It is STRESSED that at no time does the task of fighting fire supersede an employee's primary duties of: • Ensuring their own personal safety and the safety of others. • Reporting the incident to the proper authority and ensuring personnel accountability for yourself and all subordinates at the jobsite, in accordance with company and client policy. Procedure • All employees are responsible for good housekeeping practices to enhance fire prevention methods. Supervisors will be held accountable for the housekeeping of their job sites. If applicable, welding machine mufflers will be equipped with an approved spark arresting muffler. Only approved containers will be used during fueling operations. These shall be of the self-closing type. Flammable material shall be kept under the control. It shall be stored in compliance with applicable OSHA and client regulations. The quantity of flammable/combustible material shall be kept to a minimum on the job site. • Welding, cutting and grinding sparks shall be contained. ■ Hot work areas shall be kept wetted down, and a fire extinguisher and hose maintained on each jobsite. • Oily rags shall be immediately disposed of in designated hazardous waste containers. • No hot work is to be performed without a Hot Work Permit. • All vehicle entry into process areas requires a permit or permission from the operator. • Use bonding straps to discharge and prevent static charges during transfer of flammable liquids from one container to another. • Report all spills or suspicious odors immediately. 36 Fire extinguishers are to be kept in areas easily accessible to employees. Only approved fire extinguishers are to be used. They must have an inspection tag attached. Extinguishers are to be maintained in a fully charged, ready to operate state. Extinguishers are to be inspected before each use and documented annually. Training is provided to all employees who use or may use fire extinguishers. ■ NEVER put yourself or others a risk while attempting to extinguish an incipient fire. ■ DO NOT USE any fire hoses larger than 1-3/4", unless fully trained as an industrial firefighter. ■ NEVER attempt to extinguish a pressurized -fuel fed fire. ■ DO NOT direct a fire nozzle with a straight stream at any type of LPG fire. This action could extinguish the fire, producing an LPG vapor cloud capable of detonation. ■ DO NOT USE fire monitors as the force can damage small equipment and certain high chrome alloy equipment cannot have water applied as cracking could occur. ■ DO NOT APPLY water to any acid or caustic release as it can cause a violent reaction. Additionally, low concentration acids or caustics become extremely corrosive, causing an increasing leak condition. In the Event of a Fire: • Remain calm • Only extinguish a fire when it is clearly within your abilities and the equipment available ■ Know the location of the nearest alarm and how to activate the emergency system Know the evacuation routes and collection points If the fire cannot be extinguished, leave the area immediately and report to your evacuation area ■ Await further instructions from the Incident Commander, or designated responsible personnel Basic Fire Science: • The combination of fuel, heat, oxygen equals the well-known fire triangle. To understand fire better, a fourth factor is added, a molecular chain reaction. This is due to the fact that fire results from a series of reactions in which complicated molecules "crack" into easily oxidized fragments. Disruption of this chain, along with the removal of fuel, heat or oxygen, is recognized as a method of fire extinguishment through the use of dry chemical extinguishers. Fuel Fuel Heat Molecular Chain Reaction Oxygen Oxygen 37 Heat • Heat Energy - Can be produced by building up molecules (composition) or breaking apart (decomposition) by heat or a solution when materials are dissolved in a liquid, or by combustion. ■ Heat Transfer - A law of physics states that heat tends to flow up from a hot substance or place to a cold substance or place. This is through conduction (transfer of heat through a medium such as metals) or through convection (transfer of heat with a medium -usually circulatory). ■ Fuels - Those substances that will burn when heat is applied. The most common fuels are not pure elements such as carbon, but compounds and mixtures such as paper and wood. ■ Oxygen - Makes up a major portion of the oceans and earth's crust and one-fifth of our atmosphere. Atmospheric oxygen is the major source of oxygen that supports combustion. Oxygen itself does not burn, however, without it, combustion is impossible. Normal burning is the combination of fuels with oxygen under the influence of heat. ■ Combustion - A rapid oxidation or chemical combination accompanied by heat. ® Oxidation - The ability of materials to produce oxygen during a chemical reaction. ■ Spontaneous Combustion - When oxidation is allowed to occur, enough oxygen is available, heat is produced, molecules become more energetic and combine with oxygen at an increasing rate, temperatures rise and visible heat (flames) are produced. Classes of Fires: ■ Class A - Ordinary combustibles (wood/paper/textiles) ■ Class B - Flammable liquids (gasoline/oils/grease) ■ Class C - Live electric (wiring/generators/motors) ® Class D - Combustible metals (finely divided form/chips, turnings) Types of Fire Extinguishers: ■ Water - extinguisher for ordinary combustible fires • Dry Chemical or CO2 - extinguisher for electrical equipment fires and for flammable liquid fires ® Multipurpose Dry Chemical - extinguisher for ordinary combustible fires, liquid fires, and electrical equipment fires • Foam - extinguishing agent for hydrocarbon 38