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HomeMy WebLinkAboutOpening of Bids - Water Works North Station Well No 1 Replacement Project No 117-031R - Peerless Midwest IncCITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name North Station - Well No. 1 Replacement ..w ._.................._.............................. Project No. 117-031 R For Bids Due February 12, 2019 PART I (Must be completed for all bids. Please type or print) Date: February I Ith, 2019 Bidder (Firm): Peerless Midwest Inc. Address: 55860 Russell Industrial Parkwa City/State/Zip: Mishawaka, IN 46545 Telephone Number: (574 ) 254-9050 Agent of Bidder (if Applicable): ..........--- ................ Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: N olth Station - Well No. 1 Re l ig;,nletJi_Pr ect Number 1177--0�31 the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Arcadis U.S. and dated January 2019 for the sum of (enter the Total Bid as shown on the Proposal) five hundred thirty-two thousand seven hundred and six -three $ 532,763 (Enter sum of Total Base Bid 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 separate attachment. By ....................... (Signature) Frank Williams (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Laura O'Sullivan, Member Suzanna M. Fritzberg, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk Version 7/20/2018 Contractor's Bid for Public Works - 2 20 BID/PROPOSAL CITY OF SOUTH BEND Project Name: North Station - Well No. 1 Replacement Project Number: 117-031 R For Bids Due: February 12, 2019 Contractor Name: Peerless Midwest, Inc. BASE BID Item IDescription Quantity Unit Unit Price Total Amount No. _ 1 General Construction 1 LS 532,763 532,763 BASE BID TOTAL 532,763 The City of South Bend will award the subject project based on a review of all Base Bids to the lowest, responsive, responsible bidder. The City of South Bend reserves the right to reject or disqualify any or all bidders that do not submit a complete bid package Firm): _,,.,,,Peerless eerless Midwest, Inc. Bidder ..._..__ ............................... Address: 55860 Russell Industrial Parkway City/State/Zip: Mishawaka, IN 46545 Telephone Number: (574 ) 254-9050 BYm............... ��� (Signature) Frank Williams (Printed Name of Person Signing) Version 7/20/2018 Contractor's Bid for Public Works - 7 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: St. Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 7/20/2018 Contractor's Bid for Public Works - 4 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 7/20/2018 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 1Ith day ofFebrua2019 Peerless Midwest, actor/Bidder ( irin, Sig]"�Tatlu" of COW)alnis, l'or/ idler or Its Agent l./General Manager Printed Name and Title Subscribed and sworn to before me this 11th day of February .20 19 My Commission Expires OM E Notary Ibiic CATHY S. LANCtary Public. state of Indiana CrfC"I�@�llrceI' y Cor�'nMission Expwres _.._����...� .. ..._.... ....June 06, 2023 Version 7/20/2018 Contractor's Bid for Public Works - 6 1UCIIC BQ30iH i+4�+e7 �gyEiu g, ; tAr-Wtt.u"1 'IV.,AkL t%" BID BOND PENAL SUM FORM Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Peerless -Midwest, Inc. 55860 Russell Industrial Parkway, Mishawaka, IN 46545 SURETY (Name, and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 OWNER (Name and Address): City of South Bend, Indiana Department of Public Works, County -City Building Room 1316 227 West Jefferson Street, South Bend, IN 46601 BID Bid Due Date: February 12, 2019 Description (Project Name— Include Location): Well No. 1 Replacement - North Station (830 North Michigan Street, South Bend, Indiana 46601) BOND Bond Number: Bid Bond Date: February 12, 2019 Penal SUM Five Percent of Amount Bid $ 5% (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Peerless -Midwest, Inc. (Seal) Travelers Caslually and Surety CornRapyof'An Bidder's Name and Corporate Seal Surety's Name and Corporate Seal 1____) I/' / By: cap, �.6Z By: Sign ure Print Name G of ,0_iG A t— o w .✓.o 2 !' 1_r__ Title 1-11 Attest: 6��Attest: Sig ature 61 Title Wnels Signature (Attach Power of J. Karl Sherrill, Jr. Print Name Attorney -in -Fact Title -_ - �L Aa� Signature Anne Baker Title Witness to Surety Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC' C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 HARTFO ) i COIN. .� PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to In writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project Is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDCa C-030, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 19JAY1:111 W-111%si POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. Bid Bond OR St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Peerless -Midwest, Inc. Project Description: Well No. 1 Replacement Project No. 17-031R Obligee: City of South Bend, Indiana KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint J. Karl Sherrill, Jr. of the City of reensbarro , State of NIC , their true and lawful Attorney -in -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 24th day of June, 2016. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company (90ee)(000ee ,,K�•w,+,ATM�+�a� c ass State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the 24th day of June , 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offlcer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. �o,It� � � Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of February , 2019 Kevin E. Hughes, Assistant Secretary (Doem(00800 ro verify the authenticity of this Power of Attorney, cal/ 1-800-421-3880 or contact us at www.travel rsbvnd com. Please refer to the Attornerrn-Fact number, the above -named individuals and the detalls of the bond to which the power is attached. 1316 COUNTY —CITY BUILDING ^" "� PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD ,� FAx 574/ 235-9171 SOUTH BEND, INDIANA46601-1830 ilk I cy d" TDD 574/235-5567 uiw a CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: /_ d 9 - / 9 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 M UST, 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: M ,4. _ s J- Authorized Signature: Date: / - ? 9 - / ANN& PEERLESS-MIDWEST, INC. "When it Comes to 55860 Russell Industrial Pkwy. Water Supply Contracting Mishawaka, Indiana 46545 Phone: (574) 254-9050 & Hydrogeologic Services... Fax: (574) 254-9650 wwwpeerlessmidwestcom We're PEERLESS! To: Pbl)' (-J."ks Date: /- ?I - /9 Attn: PLn-OL-L From: r,,,k Fax: Js- 7q 3 S- - 91 1 f Pages: 3 Re- Adef ru e. F CC: �1't Message: lil - 0 3 Itz ?It,, S 4, J I o s e J eu. �J6 r •-'_ 4- d('J't I I fjo. a C kAUw I.J e 0 k f� 6� eR 0 P I C_ C z ®,®rtn RaV-Pj 5 ( IF YOU RECEIVED THIS FAX IN ERORR PLEASE NOTIFY SENDER THANK YOU 1316 COUNTY -CITY BUILDINGt y PHONE 574/ 235-9251 227 W. TEFFERSON BOULEVARD 8( FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 "E"" TDD 574/ 235-5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS North Station Well No. 1 Replacement 117-031R Addendum No. 1 Date: January 29, 2019 To: All Planholders From: Rebecca Plantz, Project Engineer The following information is to be changed/added to the contract documents: The scheduled prebid meeting on January 30, 2019 at 11:00 am is rescheduled to February 4, 2019 at 3:00 pm due to the City of South Bend being closed from noon on Tuesday, January 29, 2019 through noon on Thursday, January 31, 2019 because of severe weather. Attachments: -This addendum consists of a total 2 pages inclusive of "Acknowledgement of Receipt of Addendum" sheet- Communication Result Report ( Jan.29, 2019 12:14PM ) 2) Date/Time: Jan.29. 2019 12:13PM File Page No, Mode Destination Pg(s) Result Not Sent ------------------------------------------------------------------------------------------------------ 7168 Memory TX 915742359171 P, 3 OK Re>ason .foi, r*rror E. 1 1-1a.n� uI) or 'Iine fa11 E.2) C1usv E,. 3) No a swe r E. 4) No fdcs irni I e connec L i on C::.1.5 Exceeded max. E -rnaiI sire E.6) 1)esLinution does n o L suprprort IP -Fax. L"EOV.' -'sS W 111AWNST.. Ind" �I�ixsQ iiNt�+WCRln+XwHwalhd �^Vavlr. q ro 9k'q�4lg4CYk�09tiC�riAVfk di'l�d� WYVPB¢ppjyC}IA'(rvfdfA( R�" r¢cr '4 aaM J74)Z �rerarw�rw�r W re vicece " pit." .,-J Q d! set --- s..k..Wrr� MewF y®rLd. 54.4irw rvr^�rxaavrrv.o�+�arr�.uer�,�u+r�,wmr.�run�umw.mwvmw 1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Date: To: From Subject Project Name Project No.: PHONE 574/235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 8, 2019 All Planholders l ebecca P1a1itz, En�ineer I Addendum Number: 2 North Station Well No. 1 Replacement 117-031R ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: lie, G n 'L The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: pw- e ,/ c s s M 1 d w SITS �I L a c .. � r Authorized Signature: Date: 00 L� alb / q PEERLESS-MIDWEST, INC. "Mien it Comes to 55860 Russell Industrial Pkwy. Mishawaka, Indiana 46545 Water Supply Contracting (574) 254-9050 & flydrogeologic Services... VPhone: Fax: (574) 254-9650 wwwpeerlessmidwestcom We're PEERLESS! To: tl, le " �, A 5/11 6j ® - Its Date: 0�)I log / 19 Attn: Fax: -5--? q - 03, - 7 Pages: 4J, Re: 11-7 - a'3 I /Z AJu� Message: ar(_ a-- I o4 /-A r- IV S tvr A c, nUs.JICdjo- F 1Z /L c) 1— 44,-t- rt -, S ra, S , e-6 C.— f- -t V IF YOU RECEIVED THIS FAX IN ERORR PLEASE NOTIFY SENDER THANK YOU P, I Communication Result Report ( Feb. B. 2019 4:32PM 2) Date/Time: Feb. 8. 2019 4:31PM File Page No, Mode Destination Pg (S) Result N o t Sent ---------------------------------------------------------------------------------------------------- 7188 Memory TX 915742359171 P. 2 OK Reason e a s o n If o r error E I) Hang up or I i n e fail E,2) B u s Y E, 3) Iq 0answer n5w 4 No :f i� c s i rr' e connection E, 5) Exceeded max. E—mailE-ma i I Mize z e E , 6) D e s t i n a t. i o n does not support I P * PEERLE88-NDWEST. INC, IMM&C"-fo 55050 RUM09 IndusUlal PkwV. VAIShawo", Wig" 4W5 Plaw (574)254-9050 A2"~fflWWW., FW. (574) 254M59 W.W9=910- MVWPAWO"*twddWit fbx T, S74 '� pw'k o2 to S /fq ?It. r - 4. ( d.. . 1. 1 td A -it, — � of IPrce 30f .5p Afj,-J,— P,V—A g- all .-I #MW"w0wrAwNnxacr—ww ox �Avw wxrar� Iti,, CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK,,= CHECKLIST FOR BIDDERS Project Name North Station - Well No. 1 Replacement Project No. 117-031 R For Bids Due February 12, 2019 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of MBE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted X Form [MWBE-2.1]. _X_ Acknowledge Receipt of 2 Addendum(s) included with the bid. X All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X 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: Peerless Midwest, Inc. Date: February 11th, 2019 By Authorized Representative: Signature: X11L_ �F _ Print Name & Title: Frank Williams, Project Mana er Version 7/20/2018 Contractor's Bid for Public Works - 1 PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 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 7/20/201 B Contractor's Bid for Public Works - 3 PART II Section I Experience Questionnaire 1. Sample of Projects Peerless Midwest Has Completed In The Past Year • Citizens Energy Group Well # Harbour 12 — CEG, Indianapolis, IN — New 16" Production Well • Citizens Energy Group Well # Harbour 13 — CEG, Indianapolis, IN — New 16" Production Well • Michigan State University Well #32A, Michigan State University, East Lansing, MI — New 16" Production Well • NIPSCO Wheatfield Well #76, NIPSCO, Wheatfield, IN — New 12" Production Well • Indiana American Kokomo Well #22, Indiana American Kokomo, Kokomo, IN — New 12" Production Well • Indiana American Kokomo Well #G-3, Indiana American Kokomo, Kokomo, IN — New 12" Production Well • Berrien Springs Well #8, Berrien Springs Water Department, Berrien Springs, MI — New 12" Production Well • Quincy Well #4, Quincy Water Department, Quincy, MI — New 12" Production Well • Michigan Milk Producers Association Well #3 — MMPA, Constantine, MI — New 12" Production Well 2. Sample of Public Works Project Peerless Midwest is Currently Completing • Monticello Well #5 — Monticello Water Department — Monticello, IN — New 16" Well • Citizens Energy Group Well # Riverside E — CEG, Indianapolis, IN — New Production Well • Citizens Energy Group Test Drilling — CEG, Indianapolis, IN —Test Drilling for New Production Well Location 3. Peerless Midwest, Inc. has not failed to complete any work awarded. 4. Private Firms that Peerless Midwest Inc., has performed work for. Specific contact names and numbers available upon request. • Memorial Hospital of South Bend, IN • Kropp Fire Protection, South Bend, IN • Ancon Construction, Goshen, IN SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. In general, Peerless Midwest Inc., and the selected subcontractors are able to begin this work as soon as the notice to proceed has been issued. A general outline of the project's schedule is below, is conservative, and showing the project meeting Milestone No. 1 and as complete five (5) days before the substantial completion requirement. • Procurement of well construction materials following completion of pre -project paperwork with the City. Site preparation for well construction. Four weeks. Mobilization of drilling equipment and personnel for construction of well, construction of well. One week. Mobilization of well development crew, variable step testing, 48 hour testing, processing of data and submittal: Three weeks. 55860 Russell Industrial Pkwy., Mishawaka, IN 46545 574.254.9050 phone 574.254.9650 fax www.peerlessmidwest.com MILESTONE No. 1— Well Test Data Submittal Complete • Mobilization of excavator for construction of cast in place concrete structure. One week. • Mobilization of concrete contractor for construction of cast in place concrete structure. Five weeks. • Completion of watermain construction, electrical line construction, demolition of existing well structure and well abandonments. Five weeks. • Pump and piping installation and connection to watermain. Three weeks. • Fence and accessory installation. One week. • Final site restoration. One week. • Punch list. One Week. 2. Subcontractors we have used in last five (5) years • Bender Electric —19636 Allegheny Street / P.O. Box 143 Cassopolis, MI 49031. General electrical contracting in well pump houses, factories, and water treatment facilities • HRP Construction — 5777 Cleveland Road South Bend, IN 46628. Excavation for installation of pitless adapters on large diameter wells. Backfill of excavations. • ELF Excavating — 20140 Jane Street South Bend, IN 46637. Excavation for watermain construction, underground storage tank construction, well pump house foundations, backfill of excavations. • Motor City Electric Company — 9440 Grinnell Detroit, MI 48213. General electrical contracting at well pump installation. • Badger Daylighting — 5597 Old Porter Road Portage, IN 46368 — Hydroexcavation and utility daylighting services • Blood Hound, LLC — 750 Patricks Place Brownsburg, IN 46112 — Underground utility locating and ground penetrating radar 3. Subcontractors we plan to use for this project • HRP Construction — 5777 Cleveland Road South Bend, IN 46628. HRP will be utilizing dewatering equipment as well as various excavating equipment and dump trucks. No bond will be required. • Larson -Danielson Construction — 302 Tyler Street La Porte, IN 46360. L-D will be using concrete forms and concrete trucks. No bond will be required. • Bender Electric, Inc. —19636 Allegheny Street / P.O. Box 143 Cassopolis, MI 49031. Bender Electric will be using service trucks and general hand tools. • Stans Painting and Decorating, Inc. —1821 Clover Road, Suite 1 Mishawaka, IN 46545. Stans will be using service trucks and general hand tools. • Milestone Fence LLC —13399 McKinley Highway Mishawaka, IN 46545. Milestone Fence will be using service trucks and general hand tools. • Acorn Landscaping — 3680 W. Sample Street South Bend, IN 46619. Acorn will be using service trucks and trailers, various tractor and seeding equipment. 4. Listing of equipment Peerless Midwest has for this project.. • V1555 Versa -Drill well drilling machine • V2000 Versa -Drill well drilling machine • Nine (9) Smeal Pump Hoists • Ten (10) RO Crane Pump Hoists • Twenty -Seven (27) Foreman Service Trucks Peerless Midwest has received offers for all materials which substantiate the prices used in preparing this proposal. SECTION III CONTRACTOR'S FINANCIAL STATEMENT 1. Enclosed Frank Williams Project Manager Peerless Midwest, Inc. Craig T. Wanke Account Executive Officer Bond & Specially fnsurance 11440 Carmel Commons Blvd Charlotte, NC 28225 Phone: 704-544-3647 Fax: 1-806-216-5977 B-mail: cwanke(Mtravelers.com January 7, 2019 City of South Bend 830 North Michigan Street South Bend, IN 46601 Re: Peerless -Midwest, Inc. (Subsidiary ofSUEZ Water Advanced Solutions, LLC) Project — North Well Field: Weil #1 A To Whorn It May Concern: We understand that Peerless -Midwest, Inc. is being considered for the captioned project, Please be advised that Travelers Casualty and Surety Company of America/Travelers Casualty and Surety Company (hereinafter referred to as "Travelers") handles all of the bonding requirements for Peerless -Midwest, Inc, (a wholly -owned subsidiary of SIJEZ Water Advanced Solutions, LLC) , We have confidence in the financial and operations strength of the firm, and are a strong supporter of their total work program. Peerless -Midwest, Inc. and SUEZ Water Advanced Solutions, LLC have a surety program with Travelers for single projects up to $ 5,000,000 and supporting backlogs approaching $ 40,000,000, We are pleased that Peerless -Midwest, Inc. is pursuing the above referenced project and we recommend them to you as one of the outstanding contractors in the country. Peerless -Midwest, Inc. has the ability to provide Performance and Payment Bonds for this project should they be selected. Naturally, as is customary within the surety industry, the issuance of any bid or final bonds is always contingent upon a satisfactory underwriting review at the time a request for bonds is made. This review may include, but not be limited to, acceptable terms, conditions, documents, bond forms and confirmation of an acceptable financing source and payment provisions. It should be understood that any arrangement for surety bonds is a matter strictly between Peerless -Midwest, hic. and Travelers. We assume no liability to third parties or to you by issuance of this letter. Travelers Casualty and Surety Company of America/Travelers Surety and Casualty Company are licensed to do business in the State of North Carolina. Travelers Casualty and Surety Company of America is listed in the Department of Treasury's Listing of Approved Sureties (Department Circular 570) and holds an A++ (Superior) rating by A.M. Best with a Financial Size Category XV by A.M. Best. Please do not hesitate to contact me if there are any questions or if I may be of further assistance. Sincerely, s y t raig; "1 '"Wankcw, Attorney -In -Fact Travelers Casualty and Surety Company of America r$wCi� qi"W�^ d,SCi� U) w w 0 W U) 2 ag �Q ❑w� (7 mw 0 co w a zw 0 � N W LL 0 in a 0 I--WW U Om W im z a H 0 z_ = Ul O d o (a O w . m C m � w O C � >o O r N - Wrr .o a �) Lo m E v N = c a N -0 c 0 C m � o 0 o L y O O U c 'E C � : N CL +- c m cc WL N L .c 3 �3 �> a$ 3 +r N =_ G> .G O 0 0. O N .c cN Lam. C d `0 0 � N N L U) Q. a U) ECM V t a tl1 N c o c_ cd w 7� O J o a6 lO V w a m cu a w m N E m z U N 0 a. Of M O ti T N E z U L-: a N O a a` m N c H a O Ewa o -0 Z� a m C N O = O n E 0 o EU Q W �. 0 O oW z om U C a w 0 Ww E -0 �a a� (u .0 O O T o a) 0 o0 U N Cl 0 0 a w O c z cu 0 E2 N d o U d a� 0 a� U N �E O EZ z a`V w w W m O co m a Q 0 N E O z z "" N 0 ca m U) (D .�f E c crs d z 00 cw O N 0 N 0 0 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM" ` FORM MWBE-2.0" EVIDENCE OF GOOD FAITH EFFORTS . r' This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBEIWBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: Project Name: Bidder: Contact Person 117-031 R Date: February I Ith, 2019 North Station - Well No. 1 Replacement Peerless Midwest, Inc. Frank Williams Telephone: 574-254-9050 Address: 55860 Russell Industrial Parkwa y Indiana Zip: 46545 City: Mishawaka a State: Email: frank.williams@peerlessmidwest.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBE/WBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women Owned Business as found on their website (http://www.in.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: Attend all pre -bid meetings scheduled by the City to inform MBENVBEs of contracting and subcontracting opportunities. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBE/WBEs reasonable time to respond. �3 Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBENVBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBENVBE firms. -.....�... .... **Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs, including providing such MBENVBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBENVBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBENVBEs in order to increase the likelihood of meeting the MBENVBE goals (including breaking down contracts into smaller units to facilitate MBENVBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBE/WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBENVBE was unqualified to perform the job. *Proper demonstration of Good Faith Effort requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 7/20/2018 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 f `f MBEIWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBEIWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE I OF 2 Project Number: 117-031Rm mmmmm mmm_�mmmmm �IT_mmmmmmmmmmmmmmmmmm MBE/WBE Participation Goal Good Faith Project Name: North Station -Well No. 1 Replacement Bidder: �7 Peerless Midwest, Inc. By:Project Manager February 11, 2019 (Signature) (Title) (Date) MBENVBE Firm 3D Company, Inc. Owner or Contact at MBENVBE Firm Deanna Case Telephone: 765-288-3326 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: Cast in place concrete structure RESULTS OF CONTACT WITH THE MBE/WBE FIRM;; No Email: dcase@3dcompanyinc.com MBENVBE Firm An Honest Hand LLC Owner or Contact at MBE/WBE Firm Miguel Covarubias Telephone: 219-201-7210 Fax Email: anhonesthand@outlook.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Cast in place concrete structure RESULTS OF CONTACT WITH THE MBE/WBE FIRM: No response Version 7/20/2018 Contractor's Bid for Public Works - 10 CITY OF SOUTH BEND"""'" MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM NY,nMW Y.<. FORM MWBE-2.1 MBEIWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE 2 OF 2 Project Number: 117-031R MBE/WBE Participation Goal Good Faith Project Name: North Station - Well No. 1 Re lacement Bidder: Peerless Midwest, Inc. By: - t idu44 - Project Manager Februar 11 2019 (Signature) (Title) (Date) MBE/WBE Firm Cazares Concrete LLC Owner or Contact at MBE/WBE Firm Francisco Cazares Telephone: 765-649-7159 Fax: Email: francisco@cazaresconcretellc.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Cast in glace concrete structure RESULTS OF CONTACT WITH THE MBE/WBE FIRM: No response MBE/WBE Firm Owner or Contact at MBE/WBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Version 7/20/201 S Contractor's Bid for Public Works - 10 Williams, Frank From: Williams, Frank Sent: Wednesday, February 06, 2019 8:37 AM To: 'dcase@3dcompanyinc.com' Subject: Cast In Place Concrete Structure - South Bend, IN Ms. Case, I wanted to reach out to see if 3D was in the business of cast in place concrete structures for municipal projects? We have a structure in an 'T' shape approximately 15' tall, 10' long, and 7' tall on the lower part of the 'T'. Please let me know and I can send more information on this. Regards, Frank Williams Peerless Midwest, Inc. 574-254-9050 Williams, Frank From: Williams, Frank Sent: Wednesday, February 06, 2019 8:41 AM To: Ianhonesthand@outlook.com' Subject: Cast In Place Concrete Structure - South Bend, IN Mr. Covarubias, I wanted to reach out to see if An Honest Hand LLC was in the business of cast in place concrete structures for municipal projects? We have a structure in an "L" shape approximately 15' tall, 10' long, and 7' tall on the lower part of the "L". Please let me know and I can send more information on this. Regards, Frank Williams Peerless Midwest, Inc. 574-254-9050 Williams, Frank From: Williams, Frank Sent: Wednesday, February 06, 2019 8:43 AM To:'francisco@cazaresconcretellc.com' Subject: Cast In Place Concrete - South Bend, IN Mr. Cazares, I wanted to reach out to see if Cazares Concrete LLC was in the business of cast in place concrete structures for municipal projects? We have a structure in an 'T' shape approximately 15' tall, 10' long, and 7' tall on the lower part of the 'T'. Please let me know and I can send more information on this. Regards, Frank Williams Peerless Midwest, Inc. 574-254-9050 IG2S�o�S4, 4-o Su, 44, Williams, Frank From: Williams, Frank Sent: Monday, February 11, 2019 3:48 PM To: Jacqueline Sessa Subject: RE: Document Request Jacqueline, The documents are too large to send via email, but can be viewed electronically at the following website: https- order e—arc.com argQOCj weII Project Marin asp?pub-160-1-178,1 Regards, Frank Williams From: Jacqueline Sessa <JacquelineSessa@deltek.com> Sent: Monday, February 11, 2019 3:34 PM To: Williams, Frank <frank.williams@peerlessmidwest.com> Subject: Document Request Hello, I recently came across this project: North Station Well #1 Replacement I am hoping you can email me a copy of any specifications and/or documents associated with this project. If they can't be emailed, please let me know. Please do not send them if a fee is required. Thank you, Jacqueline Sessa Peerless Midwest Inc. IN.- an EEO Employer- is seeking proposals from qualified MBE/WBE/DBE businesses for the City of South Bend- IN; North Station Well #1 replacement- Project No. 117-031R. This project bids on Tuesday- February 12- 2019- at 9:30 a.m. All proposals must be received prior to noon on February 11- 2019 and must be per the contract documents. Anyone interested in bidding on any part of this project should contact Frank Williams by phone at 574-254- 9050 or by fax at 574-254-9650. Project documents are available for review at our office with prior arrangements at 55860 Russell Ind. Pkwy.- Mishawaka- IN 46545 or e-mail Frank at ��'�g����mlc N11�t�nm�aT���I��w���N�� ���kp�nr�w�c a�� � �s�r��„ Hspaxlp 1x 2:8 Associate Research Analyst, Seattle T: 206.373.9150 509 Olive Way, tAte 400, Seattle, VVA 98,101 Deftek.c9irn I L Rpan ( BID:37456976 This e-nnaii and any attachments are intended only for the inarned recipient(s) and may conta�n inforrnation that �s lega4y pidvfleged, coinfideinfial, or exennpt frorri disclosure under appHcaNe law I his message rnay be logged for archrvall Ipu,arposes, may be revevved Iby parfies at Oeltek other than those narne�d iin the rnessage header, and may not necessarily constitute an officW representatron of ..... . .... ... Deftek. If you have rece�v,ed this rnessage On error, or are not the named recipient(s), you may not retain copy or use fffls e-rinail or any aftachirnenl: for any purpose or dlsclose all w any part of the contents to any other person, Any such disserniriathan, distribution or copyinqi of this e-maill or its attachl"nents is stnctly prohibited. Please immediately notify the sender and joen'rianeritly delete this e rn,".0 and any attachment firorn your computer, You are responsible f(.:)i, corriplyiing Mth all alopkalole data protection, rrnpoil, re-(rnpoil, export, and re-export'contrcs laws, including any aplolhcabIe license reqi..flrernents, and couintry-spe(.Jfic sancbons prograins. Without l the foreg6rrg, you are solely respons'oble for cornpllance related to the information you send, via ernafl, to DeItelk, its eimployees, or agents. (Tease Contact �qgL ptqqqipti DeItO,,,cqip w4l,') any questions or concerns, CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name North Station - Well No. 1 Replacement Project No. 117-031 R For Bids Due February 12, 2019 Contractor Name: 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 315' for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 7/20/2018 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be' submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. 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. Evidence that I am utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract. (iv) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) _X_ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) X By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) g 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) _X_ By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) List identifying all former business names. (iii) X Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (iv) g 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) g 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) __Y Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) X Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) _X_ Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. (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. 0) X List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: February 11th, 2019 (Sign Here) Frank Williams (Print Name Here) (Name of Company) S (Address of Company) Mishawaka (City) (State) 574-254-9050 (Telephone Number) II. PRE-QUALIFICAITON CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (b) Attachements: (i) Referenced enclosed (ii) Peerless Midwest, Inc. has no former business names. This section does not apply (iii) Peerless Midwest, Inc. has had no determinations by a court or governmental agency of 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, or federal Davis -Bacon and related Acts, within the preceding five (5) years (iv) Peerless Midwest, Inc. has 102 employees, including 57 field personnel and 45 office staff. Our field personnel includes four licensed drillers in the state of Indiana, and twenty-four licensed pump installers in the state of Indiana. (v) Peerless Midwest, Inc. will ensure 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) Reference enclosed (vii) Reference enclosed (viii) Reference enclosed (ix) Peerless Midwest, Inc. has no federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing boxy in the preceding three years. (x) Peerless Midwest, Inc. has completed many projects of similar size and scope, some for the City of South Bend itself. In the last three years, we would offer these project for consideration: 1. Charleston Corporation — Bremen, IN — New Fire Protection Well - 2017: 26" x 16" Gravel Walled Well to 162' b.g.s., produced 1,500 GPM, 1,000 GPM rated capacity vertical turbine pump, pump house, and underground watermain. 2. City of Nappanee, IN — Nappanee, IN — New Production Wells #4 & #5 - 2016: Two (2) 26" x 16" Gravel Walled Wells to 155' and 163' b.g.s. with 1,500 GPM rated capacity vertical turbine pumps. 3. Memorial Hospital South Bend — South Bend, IN — 2015 & 2016: Three (3) 30" x 20" Gravel Walled Wells to approximately 143', 130', and 115' b.g.s. with 3,000 GPM rated capacity submersible pumps with pitless adapters. 4. Citizens Energy Group — Indianapolis, IN — Production Wells Harbour #12 & #13 — 2018: 24" x 16" Gravel Walled Wells to 115' and 121' b.g.s., proposed design of pumps is 700 GPM, pumps are still in submittal phase. 55860 Russell Industrial Pkwy., Mishawaka, IN 46545 574.254.9050 phone 574.254.9650 fax www.peerlessmidwest.com Business Name: PEERLESS MIDWEST, INC. Entity Type: Domestic For -Profit Corporation Creation Date: 03/20/1972 Principal Office Address: 55860 Russell Industrial Pkwy., MISHAWAKA, IN, 46545, USA Jurisdiction of Formation: Indiana BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 01/07/2019 08:35 AM Business ID: 197203-402 Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 03/31/2020 Date: Years Due: Title Name Address CEO Dominique Demessence 535 Courtney Hodges Boulevard, Perry, GA, 31069, USA DIRECTOR Dominique Demessence 535 Courtney Hodges Boulevard, Perry, GA, 31069, USA CFO/TREASURER/DIRECTOR Fernando Almirall 535 COURTNEY HODGES BOULEVARD, Perry, GA, 31069, USA Corporate Secretary J. Shane Albritton 535 COURTNEY HODGES BOULEVARD, Perry, GA, 31069, USA SR. VP of Operations Jonathan Cato 55860 Russell Industrial Pkwy, Mishawaka, IN, 46545, USA Type: Business Commercial Registered Agent Name: CORPORATION SERVICE COMPANY Address: 135 North Pennsylvania Street, Suite 1610, Indianapolis, IN, 46204, USA Boilerplate Individual Non Joint Guideline Standards DEVELOPED BY PEER ESS-MIDWEST, INC. 55860 RUSSELL INDUSTRIAL PARKWAY MISHAWAKA, INDIANA 46545 FOR THE OCCUPATION OF O*NET-SOC CODE: 47-6021.00 RAPIDS CODE: 0629 APPROVED BY OFFICE OF APPRENTICESHIP U.S. DEPARTMENT OF LABOR :Iqac aLq#J ilk gig Foreword.........................„,.........., ........ Definitions....................................................w......................„..,,,.,.,.,.....,...,......,,..........,.„,. SECTION I Program Administration ................... .„._.......... .„...........„........... .,...... SECTION II Equal Opportunity Pledge ..................... ,......... .„........ .............. ...,,..„,,, SECTION III Affirmative Action Plan ..........................„.„ ..................... SECTION IV „.,............„., Qualifications for Apprenticeship.„...,.....„,,.........„„.„„........„.„..., ... SECTION V Selection of Apprentices.„ SECTION VI .....„„,„....... ........ . .................... Apprenticeship Agreement ......, ......... ,„..,.,.....„... ...... W ..... ... ..... SECTION VII Ratio of Apprentices to Journeyworkers ........................ SECTION Vill Term of Apprenticeship...........................................„,.,.,...,,„............ SECTION IX Probationary Period ............................ ..„,............. ,........ SECTION X Hours of Work ................. .„„._ ...........„.,.,„,,.,. SECTION XI Apprentice Wage Progression ..................... .... .„.. .... SECTION XII Credit for Previous Experience ........................................„„,...... SECTION XIII Work Experience SECTION XIV ............. .........„.......„.„,„,„., .,.......„........ Related Instruction ....... .............. ..„.......... ..,„.....,.....,.....,...,.„. SECTION XV ...,,..... Safety and Health Training .................... ............... ,.,,,,....................... SECTION XVI Supervision of Apprentices ..................... ......„,..„........ ..,............. SECTION XVII Records and Examinations ... ___ u............. ...T SECTION XXIII „„..,.. Maintenance of Records.......................................... SECTION XIX .„ Certificate of Completion of Apprenticeship ......... ..„.. .... SECTION XX Notice to Registration Agency ............. __.................. ....,...,,.,,,.„„„„,.,.. SECTION XXI Cancellation and Deregistration ..,,„,„„......... ............ SECTION XXII Amendments and Modifications .....a.„....... SECTION XXIII Adjusting Differences/Complaint Procedure ..................................„„., SECTION XXIV Transfer of an Apprentice and Training Obligation ..................„......,.. SECTION XXV Responsibilities of the Apprentice .................................... SECTION XXVI Technical Assistance .............................. ....... SECTION XXVII Signature Page Adopting Apprenticeship Standards..,.....„,„............„. Appendix Al —Wage Structure Appendix A2 — Work Process Schedule Appendix A3 — Related Instruction Outline and Provider information Appendix B - Apprenticeship Agreement Appendix C - Template Affirmative Action Plan* Appendix D - Qualifications and Selection Procedures* * attached if required FOREWORD These PEERLESS-MIDWEST, INC. Apprenticeship Standards have as their objective, the training of Well Drillers (Well Drill Operators) skilled in all phases of the industry. The Sponsor recognizes that in order to accomplish this, there must be well -developed on-the-job learning combined with related instruction. This recognition has resulted in the development of these Standards of Apprenticeship. They were developed in accordance with the basic standards recommended by the U.S. Department of Labor, Office of Apprenticeship, as a basis from which the Sponsor can work to establish an apprenticeship training program that meets the particular needs of the area. DEFINITIONS APPRENTICE: Any individual employed by the employer meeting the qualifications described in the Standards of Apprenticeship who has signed an Apprenticeship Agreement with PEERLESS- MIDWEST, INC. for training and related instruction under these Standards, and who is registered with the Registration Agency. APPRENTICE ELECTRONIC REGISTRATIONAER : Is an electronic tool that allows for instantaneous transmission of apprentice data for more efficient registration of apprentices and provides Program Sponsors with a faster turnaround on their submissions and access to their apprenticeship program data. APPRENTICESHIP AGREEMENT: The written agreement between the apprentice and the Sponsor setting forth the responsibilities and obligations of all parties to the Apprenticeship Agreement with respect to the Apprentice's employment and training under these Standards. Each Apprenticeship Agreement must be registered with the Registration Agency. APPRENTICESHIP COMMITTEE COMMITTEE Apprenticeship Committee (Committee) means those persons designated by the sponsor to act as an agent for the sponsor in the administration of the program. A committee may be either joint or non -joint as follows: (1) A joint committee is composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s). (2) A non -joint committee which may also be known as a unilateral or group non- joint (may include workers) committee has employer representatives but does not have a bone fide collective bargaining agent as a participant. CERTIFICATE OF COMPLETION OF APPRENTICESHIP: The Certificate of Completion of Apprenticeship issued by the Registration Agency to those registered apprentices certified and documented as successfully completing the apprentice training requirements outlined 'in these Standards of Apprenticeship. JOURNEYWORKER: A worker who has attained a level of skill, abilities and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. Use of the term may also refer to a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training. O*NET-SOC CODE: The Occupational Information Network (O*NET) codes and titles are based on the new Standard Occupational Classification (SOC) system mandated by the federal Office of Management and Budget for use in collecting statistical information on occupations. The O*NET classification uses an 8-digit O*NET-SOC code. Use of the SOC classification as a basis for the O*NET codes ensures that O*NET information can be readily linked to labor market information such as occupational employment and wage data at the national, State, and local levels. ON'THE-JOBLEARNING OJL : Tasks learned on-the-job in which the apprentice must become proficient before a completion certificate is awarded. The learning must be through structured, supervised work experience. PROGRAM SPONSOR: The Sponsor in whose name the Standards of Apprenticeship will be registered, and which will have the full responsibility for administration and operation ' of the apprenticeship program. PROVISIONAL REGISTRATION: Means the 1-year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval may be made permanent, continued as provisional, or rescinded following a review by the Registration Agency, as provided for in the criteria describe in §29.3 (g) and (h). REGISTERED APPRENTICESHIP PARTNERS INFORMATION, DATA SYSTEM (RAPIDS): The Federal system which provides for the automated collection, retention, updating, retrieval and summarization of information related to apprentices and apprenticeship programs. REGISTRATION AGENCY: Means the U.S. Department of Labor, Office of Apprenticeship or a recognized State Apprenticeship Agency that has responsibility for registering apprenticeship programs and apprentices; providing technical assistance; conducting reviews for compliance with Title 29, CFR parts 29 and 30 and quality assurance assessments. RELATED INSTRUCTION: An organized and systematic form of instruction designed to provide the apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self - study approved by the Registration Agency. STANDARDS OF APPRENTICESHIP: This entire document including all appendices and attachments hereto, and any future modifications or additions approved by the Registration Agency. SUPERVISOR OF APPRENTICES : An individual designated by the program sponsor to supervise or have charge and direction of an apprentice. TIME -BASED OCCUPATION: The time -based approach measures skill acquisition through the individual apprentice's completion of at least 2,000 hours of on-the-job learning as described in a work process schedule. TRANSFER,: A shift of apprenticeship agreement from one program to another or from one employer within a program to another employer within that same program, where there is agreement between the apprentice and the affected apprenticeship committee or program sponsor. Program Sponsors, at their discretion, may establish an Apprenticeship Training Committee (ATC) to carry out the responsibilities and duties required of a Program Sponsor as described in these Standards of Apprenticeship. If an ATC is established by the Program Sponsor, a list of the membership and the areas of expertise they represent must be provided to the Registration Agency. While the Office of Apprenticeship recommends that Program Sponsors utilize the services of an ATC. PEERLESS-MIDWEST, INC. elects to administer the program without the services of an ATC. Structure of the Apprenticeship and Training Committee ATC if a licable: A. Members of the ATC will be, selected by the groups they represent. B. Membership will be composed of representatives appointed by the Sponsor. A minimum of two members must be journeyworkers in one of the trades covered under this program. C. Technical Assistance — such as that from the U.S. Department of Labor, Office of Apprenticeship, State Apprenticeship Agencies, and vocational schools — may be requested to advise the ATC. A. The ATC will elect a Chairperson and a Secretary, and will determine the time and place of regular meetings which will take place every (N/A) month(s). B. The Chairperson and Secretary will have the power to vote on all questions affecting apprenticeship. C. The Chairperson and Secretary should rotate among members of the ATC. A. Cooperate in the selection of apprentices as outlined in this program. B. Ensure that apprentices are under written Apprenticeship Agreements and register the local apprenticeship standards and agreements with the appropriate Registration Agency. C. Review and recommend apprenticeship activities in accordance with this program. D. Establish the minimum standards of education and experience required of apprentices. E. Regularly review records and progress of each apprentice in training and recommend improvement or modification in training schedules, schooling and other training activities. If applicable, written minutes of the meeting will be kept. F. Determine the quality and quantity of experience on the job which apprentices should have and to make every effort toward their obtaining it. G. Hear and resolve all complaints of violation of Apprenticeship Agreements. H. Arrange tests or evaluations for determining the apprentice's progress in manipulative skills and technical knowledge. Maintain a record of all apprentices, showing their education, experience, and progress in learning the occupation. J. Determine the physical fitness of qualified applicants to perform the work of the occupation that may require a medical examination prior to their employment as apprentices. K. Advise apprentices on the need for accident prevention and provide instruction with respect to safety in the workplace. L. Certify that apprentices have successfully completed their apprenticeship program. M. Notify the appropriate Registration Agency of all new apprentices to be registered, credit granted, suspensions for any reason, reinstatements, extensions, completions and cancellations with explanation of causes and notice of completions of Apprenticeship Agreements. N. Supervise all the provisions of the local standards and be responsible, in general, for the successful operation of the standards by performing the duties here listed by cooperating with public and private agencies which can be of assistance by obtaining publicity to develop public support of apprenticeship and by keeping in constant touch with all parties concerned; apprentices, employers and journeyworkers. O. Provide apprentices with a copy of the written rules and policies and the apprentice will sign an acknowledgment receipt of same. This procedure will be followed whenever revisions or modifications are made to the rules and policies. SECTION II — EQUAL OPPORTUNITY PLEDGE — Title 29 CFR 29.5(b)(21) and 30.3(b) The recruitment, selection, employment, and training of apprentices during their apprenticeship, shall be without discrimination because of race, color, religion, national origin, sex (including pregnancy and gender identity), sexual orientation, genetic information, or because they are an individual with a disability or a person 40 years old or older. The sponsor will provide equal opportunity in apprenticeship and operate the apprenticeship program as required under title 29 of the Code of Federal Regulations, part 30. SECTION III — AFFIRMATIVE ACTION PLAN — Title 29 CFR 29.5(b)(21) and 30.4 If the Sponsor employs five or more apprentices, the Sponsor will adopt an Affirmative Action Plan and Selection Procedures as required under Title 29, CFR part 30. It will be attached as Appendix C. SECTION IV- QUALIFICATIONS FOR APPRENTICESHIP — Title 29 CFR 29.5(b)(10) Applicants will meet the following minimum qualifications: A. Age Apprentices must not be less than 18 years of age. B. Education A high school diploma or GED equivalency is required. Applicant must provide an official transcript(s) for high school and post high school education and training. All GED records must be submitted if applicable. Applicants must submit a DD-214 to verify military training and/or experience if they are a veteran and wish to receive consideration for such training/experience. LOAMMOMM Applicants will be physically capable of performing the essential functions of the apprenticeship program, with or without a reasonable accommodation, and without posing a direct threat to the health and safety of the individual or others. SECTION V — SELECTION OF APPRENTICES — Title 29 CFR 30.5 Selection into the apprenticeship program will be in accordance with the selection procedures made a part of these Standards (Appendix D). SECTION VI — APPRENTICESHIP AGREEMENT — Title 29 CFR 29.3(d) and (e) and 29.5(b)(11) After an applicant for apprenticeship has been selected, but before employment as an apprentice or enrollment in related instruction, the apprentice will be covered by a written Apprenticeship Agreement (Appendix B) signed by the Sponsor and the apprentice and approved by and registered with the Registration Agency. Such agreement will contain a statement making the terms and conditions of these standards a part of the agreement as though expressly written therein. A copy of each Apprenticeship Agreement will be furnished to the apprentice, the Sponsor, the Registration Agency, and the employer. An additional copy will be provided to the Veteran's State Approving Agency for those veteran apprentices desiring access to any benefits to which they are entitled. Prior to signing the Apprenticeship Agreement, each selected applicant will be given an opportunity to read and review these Standards, the Sponsor's written rules and policies and the Apprenticeship Agreement. The Registration Agency will be advised within forty-five (45) days of the execution of each Apprenticeship Agreement and will be given all the information required for registering the apprentice. SECTION VII — RATIO OF APPRENTICES TO JOURNEYVORKERS — Title 29 CFR 29.5(b)(7) The numeric ratio of apprentices to journeyworkers_ will be consistent with proper supervision, training, safety, and continuity of employment throughout the apprenticeship. The ratio of apprentices to journeyworkers will not exceed one apprentice to one journeyworker. This ratio language is specific and clearly described as to its application on the job site, workforce, department or plant. SECTION VIII — TERM OF APPRENTICESHIP — Title 29 CFR 29.5(b)(2) The term of the occupation will be three years of RTI with an OJL attainment of 6000 hours supplemented by the required hours of related instruction as stated on the Work Process Schedule and Related Instruction Outline (Appendices A2 and A3). Full credit will be given for the probationary period. SECTION I — PROBATIONARY" PERIOD — Title 29 CFR 29.5(b)(8), (b)(20) All applicants selected for apprenticeship will serve a probationary period of 2000 hours or one-year, whichever is shorter. During the probationary period either the apprentice or the Sponsor may terminate the Apprenticeship Agreement, without stated cause, by notifying the other party in writing. The records for each probationary apprentice will be reviewed prior to the end of the probationary period. Records may consist of periodic reports regarding progression made in both the OJL and related instruction, and any disciplinary action taken during the probationary period. Any probationary apprentice evaluated as satisfactory after a review of the probationary period will be given full credit for the probationary period and continue in the program. After the probationary period the Apprenticeship Agreement may be canceled at the request of the apprentice, or may be suspended or canceled by the Sponsor for reasonable cause after documented due notice to the apprentice and a reasonable opportunity for corrective action. In such cases, the Sponsor will provide written notice to the apprentice and to the Registration Agency of the final action taken. Apprentices will generally work the same hours as journeyworkers, except that no apprentice will be allowed to work overtime if it interferes with attendance in related instruction classes. Apprentices who do not complete the required hours of OJL during a given segment will have the term of that segment extended until the required number of hours of training are accrued. SECTION XI — APPRENTICE WAGE PROGRESSION — Title 29 CFR 29.5(b)(5) Apprentices will be paid a progressively increasing schedule of wages during their apprenticeship based on the acquisition of increased skill and competence on-the-job and in related instruction. Before an apprentice is advanced to the next segment of training or to journeyworker status, the Sponsor will evaluate all progress to determine whether advancement has been earned by satisfactory performance in their OJL and in related instruction courses. In determining whether satisfactory progress has been made, the Sponsor will be guided by the work experience and related instruction records and reports. The progressive wage schedule will be an increasing percentage of the journeyworker wage rate. The wage progression that will be applied and the applicable journeyworker rate are shown on the attached Wage Structure Page, Appendix Al. In no case will the starting wages of apprentices be less than that required by any minimum wage law which may be applicable. SECTION XII — CREDIT FOR PREVIOUS EXPERIENCE — Title 29 CFR 29.5(b)(12) and 30.4(c)(8) The Sponsor may grant credit towards the term of apprenticeship to new apprentices who demonstrate previous acquisition of skills or knowledge equivalent to that which would be received under these Standards. Apprentice applicants seeking credit for previous experience gained outside the supervision of the Sponsor must submit the request at the time of application and furnish such records and affidavits as may ber required to substantiate the claim. Applicants requesting such credit who are selected into the ' apprenticeship program will start at the beginning wage rate. The request for credit ,will be evaluated and a determination made by the Sponsor during the probationary period when actual on- the-job and related instruction performance can be examined. Prior to completion 'of the probationary period, the amount of credit to be awarded will be determined after review of the apprentice's previous work and training/education record and evaluation of the apprentice's performance and demonstrated skill and knowledge during the probationary period. An apprentice granted credit will be advanced to the wage rate designated for the period to which such credit accrues. The Registration Agency will be advised of any credit granted and the wage rate, to which the apprentice is advanced. The granting of advanced standing will be uniformly applied to all apprentices. SECTION XIII — li'IIORK EXPERIENCE — Title 29 CFR 29.5(b)(3) and 30.8 During the apprenticeship the apprentice will receive such OJL and related instruction in all phases of the occupation necessary to develop the skill and proficiency of a skilled journeyworker. The OJL will be under the direction and guidance of the supervisor of the apprentice(s). SECTION XIV — RELATED INSTRUCTION — Title 29 CFR 29.5(b)(4) During each segment of training each apprentice is required to participate in coursework related to the job as outlined in Appendix A3. The apprenticeship will include no less than 144 hours of related instruction for the Well Drilling Operator trade for each year of the apprenticeship. Apprentices agree to take such courses as the Sponsor deems advisable. The Sponsor will secure the instructional aids and equipment it deems necessary to provide quality instruction. In cities, towns or areas having no vocational school or other schools that can furnish related instruction; the apprentice may be required to take an alternate form of instruction that meets the approval of the Sponsor and the Registration Agency. Apprentices "will not" be paid for hours spent attending related instruction classes. If applicable, the Sponsor will inform each apprentice of the availability of college credit Any apprentice who is absent from related instruction classes, unless officially excused, will satisfactorily complete all course work missed before being advanced to the next period of training. In cases of failure of an apprentice to fulfill the obligations regarding related instruction (or OJL) without due cause, the Sponsor will take appropriate disciplinary action and may terminate the Apprenticeship Agreement after due notice to the apprentice and opportunity for corrective action. To the extent possible, related instruction will be closely correlated with the practical experience and training received on-the-job. The Sponsor will monitor and document the apprentice's progress in related instruction classes. The Sponsor will select a related training provider which secures competent instructors whose knowledge, experience, and ability to teach will be carefully examined and monitored. When possible, the related training provider may require the instructors to attend Indiana-PHCC- recommended training. SECTION XV -- SAFETY AND HEALTH TRAINING — Title 29 CFR 29.5(b)(9) All apprentices will receive instruction in safe and healthful work practices both on-the-job and in related instruction that are in compliance with the Occupational Safety and Health Standards promulgated by the Secretary of Labor under 29 U.S.C. 651 et seq., as amended, dated December 29, 1970, and subsequent amendments to that law, or State Standards that have been found to be at least as effective as the Federal Standards Apprentices will be taught that accident prevention is very largely a matter of education, vigilance, and cooperation and that they should strive at all times to conduct themselves in their work to ensure their own safety and that of their fellow workers. SECTION X"VI . SUPERVISION OF APPRENTICES — Title 29 CFR 29.5(b)(14) The Sponsor will be responsible for the training of the apprentice on the job. Apprentices will be under the general supervision of the Sponsor and under the direct supervision of the journeyworker to whom they are assigned. The supervisor of apprentice(s) designated by the employer will be responsible for the apprentice's work assignments, and will ensure the apprentice is working under the supervision of a skilled journeyworker, evaluation of work performance, and completion and submittal of progress reports to the Sponsor. No apprentice will be allowed to work without direct journeyworker supervision. SECTION XII — RECORDS AND EXAMINATIONS — Title 29 CFR 29.5(b)(6) Each apprentice may be responsible for maintaining a record of his/her work experience/training on- the-job and in related instruction and for having this record verified by his/her supervisor at the end of each week. The apprentice will authorize an effective release of their completed related instruction records from the local school authorities to the Sponsor. The record cards and all data, written records of progress evaluations, corrective and final actions pertaining to the apprenticeship,; will be maintained by and will be the property of the Sponsor. This record will be included in each apprentice's record file maintained by the Sponsor. Before each period of advancement, or at any other time when conditions warrant, the Sponsor will evaluate the apprentice's record to determine whether he/she has made satisfactory progress. If an apprentice's related instruction or on-the-job progress is found to be unsatisfactory, the Sponsor may determine whether the apprentice will continue in a probationary status, or require the apprentice to repeat a process or series of processes before advancing to the next wage classification. In such cases, the Sponsor will initiate a performance improvement plan with the apprentice. Should it be found that the apprentice does not have the ability or desire to continue the training to become a journeyworker, the Sponsor will, after the apprentice has been given adequate assistance and opportunity for corrective action, terminate the Apprenticeship Agreement. SECTION XVIII — MAINTENANCE OF RECORDS — Title 29 CFR 29.5(b)(23) The Sponsor will maintain for a period of five (5) years from the date of last action, all records relating to apprentice applications (whether selected or not), the employment and training of apprentices, and any other information relevant to the operation of the program. This includes, but is not limited to, records on the recruitment, application and selection of apprentices, and records on the apprentice's job assignments, promotions, demotions, layoffs, terminations, rate of pay, or other forms of compensation, hours of work and training, evaluations, and other relevant data. The records will permit identification of minority and female (minority and non -minority) participants. These records will be made available on request to the Registration Agency. SECTION XIX. — CERTIFICATE OF COMPLETION OF APPRENTICESHIP — Title 29 CFR 29.5(b)(15) Upon satisfactory completion of the requirements of the apprenticeship program as established in these Standards, the Sponsor will so certify in writing to the Registration Agency and request that a Certificate of Completion of Apprenticeship be awarded to the completing apprentice(s). Such requests will be accompanied by the appropriate documentation for both the OJL and the ,related instruction as may be required by the Registration Agency. SECTION XX — NOTICE TO REGISTRATION AGENCY — Title 29 CFR 29.3(2)(d) and (e) and 29.5(b)(19) The Registration Agency will be notified within forty-five (45) days of all new apprentices to be registered, credit granted, suspensions for any reason, reinstatements, extensions, modifications, completions, cancellations, and terminations of Apprenticeship Agreements and causes. SECTION XXI — CANCELLATION AND DEREGISTRATION — Title 29 CFR 29.5(b)(18) These Standards will, upon adoption by the Sponsor be submitted to the Registration Agency for approval. Such approval will be acquired before implementation of the program. PEERLESS-MIDWEST, INC. reserves the right to discontinue at any time the apprenticeship program set forth herein. The Registration Agency will be notified promptly in writing of any decision to cancel the program. Deregistration of these Standards may be initiated by the Registration Agency for failure of the Sponsor to abide by the provisions herein. Such deregistration will be in accordance with the Registration Agency's regulations and procedures. Within fifteen (15) days of cancellation of the apprenticeship program (whether voluntary or involuntary), the Sponsor will notify each apprentice of the cancellation and the effect of same. This notification will conform to the requirements of Title 29, CFR part 29.7. SECTION XXII — AMENDMENTS OR MODIFICATIONS — Title 29 CFR 29.5(b)(18) These Standards may be amended or modified at any time by the Sponsor provided that no amendment or modification adopted will alter any Apprenticeship Agreement in force at the time without the consent of all parties. Such amendment or modification will be submitted to the Registration Agency for approval and registration prior to being placed in effect. A copy of each amendment or modification adopted will be furnished to each apprentice to whom the amendment or modification applies. SECTION XXIII — ADJUSTING DIFFERENCES/COMPLAINT PROCEDURE — Title 29 CFR 29.5(b)(22) and 30(11) The Sponsor will have full authority to supervise the enforcement of these Standards. Its decision will be final and binding on the employer, the sponsor, and the apprentice, unless otherwise noted below. If an applicant or an apprentice believes an issue exists that adversely affects his/her participation in the apprenticeship program or violates the provisions of the Apprenticeship Agreement or Standards, relief may be sought through one or more of the following avenues, based on the nature of the issue: Title 29 CFR 29.7 k The Sponsor will hear and resolve all complaints of violations concerning the Apprenticeship Agreement and the registered Apprenticeship Standards, for which written notification is received within fifteen (15) days of violations. The Sponsor will make such rulings as it deems necessary in each individual case and within thirty (30) days of receiving the written notification. Either party to the Apprenticeship Agreement may consult with the Registration Agency for an interpretation of any provision of these Standards over which differences occur. The names and addresses of the appropriate authorities to receive, process and make disposition of complaints are: Robin Kealy - PEERLESS-MIDWEST, INC. 55860 RUSSELL INDUSTRIAL PARKWAY, MISHAWAKA, INDIANA 46545 robin. keal eerlessmidwest.com 574-254-9050 or Office of Apprenticeship- U.S. DOL, 2420 Viridian Drive — Suite G, South Bend, IN 46628-7900. Any apprentice or applicant for apprenticeship who believes that he/she has been discriminated against on the basis of race, color, religion, national origin, or sex, with regard to apprenticeship or that the equal opportunity standards with respect to his/her selection have not been followed in the operation of an apprenticeship program, may personally or through an authorized representative, file a complaint with the Registration Agency or, at the apprentice or applicant's election, with the private review body established by the Program Sponsor (if applicable). The complaint will be in writing and will be signed by the complainant. It must include the name, address, and telephone number of the person allegedly discriminated against, the Program Sponsor involved, and a brief description of the circumstances of the failure to apply equal opportunity standards. The complaint must be filed not later than one hundred eighty (180) days from the date of the alleged discrimination or specified failure to follow the equal opportunity standards, and in the case of complaints filed directly with the review body designated by the Program Sponsor to review such complaints, any referral of such complaint by the complainant to the Registration Agency must occur within the time limitation stated above or thirty (30) days from the final decision of such review body, whichever is later. The time may be extended by the Registration Agency for good cause shown. Complaints of discrimination in the apprenticeship program may be filed and processed under Title 29, CFR part 30, and the procedures as set forth above. The Sponsor will provide written notice of its complaint procedure to all applicants for apprenticeship and all apprentices. SECTION XXIV — TRANSFER OF AN APPRENTICE AND TRAINING OBLIGATION - Title 29 CFR 29.5(13) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected apprenticeship committee or program sponsors, and must comply with the following requirements: i. The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor: ii. Transfer must be to the same occupation; and iii. A new apprenticeship agreement must be executed when the transfer . occurs between the program sponsors. SECTION XXV — RESPONSIBILITIES OF THE APPRENTICE Apprentices, having read these Standards formulated by the Sponsor and signed) an Apprenticeship Agreement with the Sponsor agree to all the terms and conditions contained therein and agree to abide by the Sponsor"s rules and policies, including any amendments, serve such time, perform such manual training, and study such subjects as the Sponsor may deem necessary to become a skilled Well Driller (Well Drill Operator). In signing the Apprenticeship Agreement, apprentices assume the following responsibilities and obligations under the apprenticeship program: A. Perform diligently and faithfully the work of the occupation and other pertinent duties assigned by the Sponsor and the employer in accordance with the provisions of these Standards. B. Respect the property of the employer and abide by the working rules and regulations of the employer. C. Attend and satisfactorily complete the required hours in the OJL and in related instruction in subjects related to the occupation as provided under these Standards. a D. Maintain and make available such records of work experience and training received on-the-job and in related instruction as may be required by the Sponsor. E. Develop and practice safe working habits and work in such a manner as to assure his/her personal safety and that of other fellow workers. F• Work for the employer to whom the apprentice is assigned for the completion of apprenticeship, unless reassigned to another employer or the Apprenticeship Agreement is terminated by the Sponsor. SECTION XXVI -- TECHNICAL ASSISTANCE Technical Assistance such as that from the U.S. Department of Labor, Office of Apprenticeship, State Apprenticeship Agencies, and vocational schools —may be requested to advise the Sponsor., The Sponsor is encouraged to invite representatives from industry, education, business, private and/or public agencies to provide consultation and advice for the successful operation of their training program. SECTION XXVII — OFFICIAL ADOPTION OF APPRENTICESHIP STANDARDS: OFFICIALLY ADOPTED BY PEERLESS-MIDWEST, INC. Name of Sponsor SIGNED TITLE O eratlons Mana er PRINTED NAME Cathv S. Lance Registered as incorporating the basic standards of Office of Apprenticeship United States Department of Labor State Director Office of Apprenticeship United States Department of Labor Date of Registration Registration Number APPENDIX Al OT rf YEAR 1ST 2nd WAGE SCALE: 2000 hour Increments OCCUPATION: WELL DRILL OPERATOR (0629) TERM OF APPRENTICESHIP: 3 YEARS RTI/ 6000 OJL HRS. TIME PERIOD 1st 2000 Hours 2nd 2000 Hours Rate or er Hour 17.66 /1000 21.97 /1000 02MMMIMMM1 3rd 3rd 2000 Hours 23,01/1000 29.72 /1000 Journeyworker Rate (Completion): 29.72 / HOUR WORK EXPERIENCE DURING THE TERM OF APPRENTICESHIP, THE APPRENTICE SHALL BE GIVEN SUCH INSTRUCTION AND EXPERIENCE TO DEVELOP THE SKILLS AND KNOWLEDGE NECESSARY FOR COMPLETE MASTERY OF THE TRADE. THE TRAINING OF ALL APPRENTICES SHALL INCLUDE THE FOLLOWING WORK UNITS, BUT NOT NECESSARILY IN THE SEQUENCE LISTED. THE TIME REQUIRED IN THE DIFFERENT UNITS OF THE TRADE MAY NEED TO BE ADJUSTED FOR CERTAIN INDIVIDUAL APPRENTICES, BUT RETENTION OF THE APRENTICE ON A PARTICULAR OPERATION BEYOND THE ESTABLISHED TIME SHOULD NOT OCCUR UNLESS THERE IS A DEFINATE NEED FOR FURTHER TRAINING AT THAT STEP. Fair Labor Standards Act: Employers should ascertain if any of their activities are covered in this act. Employees in covered activities, including apprentices, must be paid time and one-half for all hours worked over forty (40) hours per week. Davis Bacon Act. On work sites covered by prevailing wage law, required Journeyworker rate and corresponding apprentice wages for that project may exceed those stated in this document. APPENDIX A2 OCCUPATION AND WORK PROCESS SCHEDULE WELL DRILL OPERATOR O*NET/SOC CODE: 47-5021.02 RAPIDS CODE: 0629 DESCRIPTION: Sets up and operates portable drilling rig (machine and related equipment) to drill wells: Extends stabilizing jackscrews to support and level drill rig. Moves levers to control power -driven winch that raises and extends telescoping derrick. Bolts trusses to derrick and machine frame. Assembles drilling tools, using handtools or power tools. Moves levers and pedals to raise and lower drill tools and well casing into well bore. Moves levers and pedals and turns handwheels to control action of machine that drills or punches well bore and lowers casing into well. Pours water into well or pumps water or slush into well to cool drill bit and remove drillings. Listens to sounds of drilling machine and feels cable or brake to determine changes in rock formations being penetrated or variations in drilling process. Moves levers to adjust stroke and impact of cable tool drilling machine or changes drill bits of rotary drilling machine according to nature of strata encountered. Replaces drill bit with tool to collect samples of earth or rock being penetrated. Inspects core samples to determine nature of strata encountered or takes samples to laboratory for analysis. Records drilling progress and geological data. Splices worn or broken cable. Fabricates well casings and builds up worn drill bits, using oxyacetylene cutting and welding equipment. Retrieves lost equipment from boreholes, using fishing (specialized retrieval) tools and equipment. May repair drill bits, using forging furnace, hammer, and anvil. May operate well -drilling rig to restore irrigation, industrial and domestic water wells to active production. ON-THE-JOB TRAILING: WORK PROCESS APPROXIMATE HOURS A. Safety and learn various pipe sizes and types 200 B. Cutting and threading pipe 300 C. Rig lubrication 300 D. Maintenance of drilling tools 200 E. Care and use of acetylene torch -burning 300 F. Set up well drilling equipment 1100 G. Start and align well casing 200 H. Drive well casing 500 I. Rigging 150 J. Gas welding 150 K. Electric welding 100 L. Select and set well strainer according to sand 200 M. Take proper samples and recognize formation 200 N. Operate machine hydraulic jacks for removing well casing 300 O. Pump and develop well after drilling 750 P. Take samples for chemical and bacterial tests 300 Q. Repair old wells (remove old casings, install new casings, sealing 750 TOTAL HOURS 6000 APPENDIX A3 INN 1. Number of hours per year 144 MIN. (Should be 144 contact hours or 9 credit hours per year minimum; 432 minimum total contact hours 2. Method COMBINATION (Primarilv Classroom (classroom; shop; e-learning; combination) 3. Specify Provider(s): 4. List proposed courses to be taken by apprentice(s): Course Title Provider Approximate Duration in Contact Hours Year ONE Mud School USF OSHA 10 CIC Crane Training USF OSHA 30 PMI 3 Day Training Year TWO ARC Flash Training Rigging & Signaling HAZWOPER Basic Geology Drilling Safety Ground Water Basics Aquifer Storage Recovery Well Abandonment Well Development PMI 3 Day Training Year THREE Well Rehabilitation Well Rehabilitation Drilling Methods PMI 3 Day Training PUMPS Welding Baroid, Halliburton 40 hours USFOSHA.com 10 hours Crane Institute Certification 40 hours USFOSHA.com 30 hours Peerless -Midwest, Inc. 24 hours NFPA 70 E Trainer 12 hours PMI Certified Trainer 8 hours USFOSHA.com 40 hours International School Of Well Drilling 10 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 10 hours Peerless -Midwest, Inc. 24 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 10 hours ISWD ON-LINE SCHOOL 24 hours Peerless -Midwest, Inc. 24 hours Peerless -Midwest, Inc. 40 hours Peerless -Midwest, Inc. 60 hours APPENDIX B U.S. Department of Labor Program Registration and Employment and Training Administration Apprenticeship Agreement g _ffiCe_ta At)jarenti.ceshin APPRENTICE REGISTRATION -SECTION III OMB No. 1205-022 Ex ires:01/31/2012 Warning: This agreement does not constitute a certification under Title 29,The program sponsor and apprentice agree to the terms of the Apprenticeship CFR, Part 5 for the employment of the apprentice on Federally financed or Standards incorporated as part of this Agreement. The sponsor will not discriminate assisted construction projects. Current certifications must be obtained in the selection and training of the apprentice in accordance with the Equal from the Office of Apprenticeship (OA) or the recognized State Opportunity Standards in Title 29 CFR Part 30.3, and Executive Order 11246. This Apprenticeship Agency shown below. (Item 22) agreement may be terminated by either of the parties„ citing cause(s), with notification to the registration aaencv. in comollance with Title 29. CFR. Part 29.6 PART A TO BE COMPLETED BY APPRENTICE, NOTE TO SPONSOR: PART A SHOULD ONLY BE FILLED O 1. Name (Last, First, Middle) and Address *Social Security Number Answer Both A and B (Voluntary) - _ I (Definitions on reverse) (No., Street, City, State, Zip Code, Telephone Number) 4. a. Ethnic Group (Mark one) ❑ Hispanic or Latino ❑ Not Hispanic or Latino b. Race (Mark one or more) ❑ American Indian or Alaska native ❑ Asian --•- ❑ Black or African American 2. Date of Birth (Mo., Day, Yr.) 3. Sex (Mark one) ❑ Native Hawaiian or other ❑ Male ❑ Pacific Islander Female ElWhite 7. Career Linkage or Direct Entry (Mark one) (Instructions on reverse) ❑ None ❑ Incumbent Worker ❑ Dislocated Worker ❑ Trade Adjustment Assistance ❑ Job Corps ❑ YouthBuild ❑ HUD/STEP-UP ❑ Direct Entry: 8. Signature of Apprentice 5. Veteran Status (Mark one) ❑ Non -Veteran ❑ Veteran 6. Education Level (Mark one) ❑ 8th grade or less ❑ 9th to 12th grade ❑ GED ❑ High School Graduate or Greater ❑ Post Secondary or Technical Training ❑ Adult ❑ Youth ❑ School -to -Registered Apprenticeship Date 19. Signature of Parent/Guardian (if minor) Date PART B: SPONSOR: 10. Sponsor Program No. 11a. Trade/Occupation (The work processes listed in the standards are part of this agreement). Sponsor Name and Address (No. Street, City, County, State, Zip Code 01110 Nere M1feSt; MfM 11 b. Occupation Code 12. Term 13. Probationary Period 5t'�6�bi�ust�eN�� Mrwd�ilstrfal P;irkwuri (Hrs., Mos., Yrs.) (Hrs., Mos., Yrs.) is I raka 1N 4 4 kb Wn'AL"2 3 yrs 14. Credit for Previous 15. Term Remaining 16. Date Apprenticeship Experience (Hrs., Mos., Yrs.) (Hrs., Mos., Yrs.) Begins 17a. Related Instruction 17b. Apprentice Wages for Related Instruction 17c. Related Training Instruction Source (Number of Hours Per Year) X - Will Not Be Paid Peerless -Midwest, Various Teachers and Online Education 144 18. Wages: (Instructions on reverse) 8a. Pre -Apprenticeship Hourly Wage $ Check Box Period 1 2 18d. Term X Hrs., ❑ Mos., or ❑yrs. 1000 1000 18e. Wage Rate (Mark one) % ❑ or $ X 17.66 21.97 19. Signature of Sponsor's Representative(s) 20. Signature of Sponsor's Representative(s) Apprentice's Entry Hourly Wage 18b.$ Journeyworker's Hourly Wage18c. $ 3 4 5 6 1000 1 1000 1 1000 1 1000 23.98 25.93 Date Signed Date Signed 28.01 1 29.72 7 8 9 10 21. Name and Address of Sponsor Designee to Receive Complaints (If applicable) PART Ca TO BE COMPLETED BY REGISTRATION AGENCY ,!" k' 22. Registration Agency and Address 23. Signature (Registration Agency) 24, Date Registered U.S. DOL - Office of Apprenticeship 2420 Viridian Drive - Suite G South Bend, IN 46628-7900 25. Apprentice Identification Number (Definition on reverse): Boilerplate Individual Non Joint Guideline Standards Item 4.a. Definitions: Hispanic o,Latino. Aperson ofCuban, Mexican, Puerto Rican, South or Central �mh�Gpa��ou�ummohg� ega��ouofmnm Tho0onn.^Opao�ho�g�.^oonhe�edinodd�onto1H�men�mr-Latino." Item uem��oo�n�ono: -- American Indian or Alaska NativeA person having origins Inany of the original peoples of North and South America (including Central America), tribalor Asian.A having origins in the original � fthe ` F^'|. --�—Southeast Asia,urthe Indian subcontinent including, for example, China, India, Japan, the Philippine Islands, Thailand, and Vietnam. Black ~^ African: ~".°,"~=". " person having origins manymrtnmomoxnoo/o/groups of Terms such oo^MoiUan^vr''Ne8m'' ��kem�g�a��m���m mr���nAme��w." ' Native Hawaiian o,Other Pacific Islander, Aperson having origins inany ufthe original peoples ofHawaii�uomGemvonr other Peoi�cIslands. ' ' ' VVhdo. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Item 7.motrmctimms: Indicate any career linkage 'Incumbent Worker" if the Individual before becoming, an apprentice was currently employed full-time by the sponsor or enfifies participating In the apprenticeship program (Military), Career linkage kicludes, participation, in programs that provided employment, training and other services to adults, youth and dislocated workers. Funds for these activities are provided by the U.S, Department of LaborlEmployment and Training Administration (U.S. DOUETA) to states and local communities, Adult. Also includes Individuals participating in Native American Programs, and/or Migrant and Seasonal Farmworker Programs. Youth, Includes Youth ages 16-21 years, and other concentrated Youth programs in designated areas. Dislocated Worker. Includes an individual that has been terminated or laid off and is unlikely to return to the industry or occupation. It also includes a displaced homemaker who has been providing unpaid services to family members in the home, is no longer supported, and is unemployed or underemployed, Trade Adjustment Assistance, Includes trade -affected workers who have become unemployed as a result of increased imports or shifts in production out mthe United Job Corps. Youth ages 16-24 years usually receiving services in a residential setting. School -to -Registered Apprenticeship. Program designed to allow high school youth ages 16 - 17 to enter a Registered Apprenticeship program and continue after graduation with full' credit given for the high school portion, YouthBuild, Program transferred from the U.S. Department of Housing and Urban Development (HUD) to U,S. DOUETA in September 2006,, It assists youth ages 16-24 to obtain education and skill training and advance toward post -secondary education and career pathways in construction and other high growth, high demand occupations while building affordable housing In their HU'DISTEF-UPDeveloped i provides the actual' apprenticeship experience and the framework for moving into high -skill Registered Apprenticeship, Direct Entry, A graduate from an accredited technical training school, Job Corps training program, Youth Build Program, of a participant in a military apprenticeship program, any of which training Is specifically related to tile occupation and incorporated in the Registered Apprenticeship staticlards, Also� fill In the narne of the program, Item 18. Wage Instructions: 18a. Pre -Apprentice hourly wage, sponsor enters the Individual's hourly wage in the quarter prior to becoming an apprentice. 18b. Journeyworker's wage, sponsor enters wage per hour. 18c. Apprentice's entry hourly wage, (hourly dollar amount paid), sponsor enters this apprentice's entry hourly wage. 18d. Term, sponsor enters in each box the apprentice schedule of pay for each advancement period, 18e. Percent or dollar amount, sponsor marks one, Note, 18bIf the employer is signatory to a colleclive bargaining agreement, the journeyworker's wage rate In the applicable collective bargaining agreement is identified, Apprenticeship program sponsors not covered' by a collective bargaining agreement must identify a minimum journeyworker's 10e. mfthis agreement. hourly- ill be the basis — the progressive wage schedule Identified in item I8dThe employer agrees to pay the hourly wage rate identified inthis section to the apprentice each period ofthe apprenticeship based on the successful completion or the on-the-job learning and the mYeWmd instructions outlined in the Apprenticeship Standards. The period may beexpressed |nhours, months, mryears, 1 8e. The wage aama are m«pmxmmmd either as m percent or in do||om and cents of the joumayworkor'o wage depending mothe industry, oiNar late Individual Non Joint Guideline Standards provisions of the Privacy Act apply to any unlawful disclosure of your social security number, which is prohibited The collection and maintenance of the data on PTA-671, Apprentice Registration — Section H Form, Is authorized under the National Apprenticeship Act, 29 UN &C. 50, an 29 Part 29.1 The data is used for apprenticeship program statistical purposes and is maintained, pursuant to the Privacy Act of 1974 (5 U,S.C. 552aJ, In a system of r entitted, DOUETA-4, Apprenticeship tnfonnation Management System (AIMS)„ which is now known as (RAPIDS) at the office of Apprentioeship, U,S. Department of Labor may be disclosed to a State Apprenticeship Council to determine an assessment of skill needs and program information, and in connection with federal lghgation or when rf by law. Persons are not required to respond to this collection of information unless It displays a currently valid t MIB control number, Public reporting burden for this collet Information Is estlmaled to average five minutes per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining t'f needed, and completing and reviewing the collection of Information The obligation to respond is required to obtain or retain benefits under 29 USC So. 'Send corn regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden,to the U.S. Department of Labor, o Apprenticeship„ 200 Constitution Avenue, N.W., Room N-5311, Washington„ D.C.. 20,210(Paperwork Reduction Project 1205.022 ), =1 ; Substance Abuse Policy For Peerless -Midwest, Inc. 55860 Russell Industrial Parkway Mishawaka, IN 46545 A. Forward Among Peerless -Midwest Inc. most vital concerns are the safety, health, and well being of its employees and all people who come into contact with its workforce, property, and/or its products, and services. It is our goal to provide a healthy, satisfying work environment that promotes personal opportunities for growth. Furthermore, our employees have the right to work with persons free from the effects of alcohol and/or drugs. Peerless -Midwest Inc. does not intend to intrude into the private lives of its employees and recognizes the employee's off -the -job as well as on -the -job -involvement with illegal drugs can have a negative impact on the workplace, fellow employees and customers. Employees are expected to report for work with no illegal drugs in their bodies and free of all adverse effects of alcohol misuse. Peerless -Midwest Inc. encourages employees to seek professional assistance any time for personal problems, including alcohol or drug dependency that adversely affects their ability to perform their assigned duties. Supervisors are dedicated to the fair and equitable application of this policy. They are required to apply all aspects of this policy and to use it in an unbiased and impartial manner. B. Purpose The purpose of this policy is to comply with Department of Transportation Regulations (DOT) 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs, 49 CFR Part 382, controlled Substances and Alcohol Use and Testing - Federal Motor Carrier Safety Administration, and 49 CFR Part 29, Drug -Free Workplace Act of 1988. This policy incorporates these regulations for safety sensitive employees. C. Applicability This policy applies to all employees that are required to have a Commercial Driver's License (CDL), or are considered by DOT to be in a safety -sensitive position, full or part-time, contract employees and contractors when they are on Peerless -Midwest Inc. property or when performing any safety -sensitive function for Peerless -Midwest Inc. E Performing a safety -sensitive function means from the time an employee is ready to work, begins work, and is relieved from all responsibility for performing work. Safety sensitive functions may include, however, are not limited to the following items: i. All time on Peerless -Midwest Inc. property, or shipper property, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by Peerless -Midwest Inc. ii. All time inspecting equipment as required by 49 CFR Part 392 (392.7 & 392.8) or otherwise inspecting, servicing, or conditioning any Commercial Motor Vehicle (CMV) at any time. iii. All time spent at the driving controls of a CMV. iv. All time, other than driving time, in or upon any CMV except time spent resting in a sleeper berth (the berth must conform to the requirements of 49 CFR Part 393.7). v. All time loading or unloading, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV or in giving or receiving receipts for shipments loaded or unloaded. vi. All time repairing, obtaining assistance, or remaining in the attendance of a disabled CMV. D. Legal Drugs For a drug to be legally prescribed the employee must have a prescription or other written approval in his/her name from a licensed physician for the use of the drug in the course of medical treatment. The prescription or written document must also contain the name of the substance, the quantity/amount to be taken, and the period of authorized use. Any abuse or misuse of legal drugs while performing a safety - sensitive function is prohibited by Peerless -Midwest Inc. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited by Peerless -Midwest Inc. However, the use of any substance which carries a warning label that indicates that motor skills, mental functioning, or judgment may be affected; the employee must report this to supervisory personnel immediately. An employee must obtain a written release from the attending physician releasing the employee from performing safety -sensitive duties any time the employee is using a performance altering prescription. E. Prohibited Substances Any substance or illegal drug identified in the Controlled Substance Act (21 U.S.C. 812) is prohibited at all times. This includes, but is not limited to marijuana (THC), amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes, but not limited to, any illegal drug 3 use, misuse of legally prescribed drugs, and the use of illegally obtained prescription drugs. The consumption of beverages containing alcohol or substances in which alcohol is present (including any medication, mouthwash, food, candy) or any other substance in which alcohol is present while performing safety -sensitive functions for Peerless - Midwest Inc. is prohibited. F. Prohibited Conduct Engaging in unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances is prohibited by any safety -sensitive employee of Peerless - Midwest Inc. Employees who violate this provision will be terminated. All employees of Peerless -Midwest Inc. are required to notify their supervisor within five (5) days of any criminal drug statute conviction. Failure to comply with this provision shall result in termination. G. Compliance with Testing Requirements All employees in safety -sensitive positions will be subject to urine drug testing and breath alcohol testing. A refusal to test is considered a positive test result and will lead to immediate removal from duty, referral to a Substance Abuse Professional (SAP), and termination of employment. The following items constitute a refusal to test: i. Failure to appear or remain at the test site. ii. Failure to provide urine specimen when required. iii, Failure to permit direct observation or monitored collection. iv. Declines to take a second test when directed. . Failure to provide sufficient urine or breath without a valid medical explanation. vi. Failure to undergo a medical evaluation. vii. Failure to cooperate with the testing process. viii. Attempt to dilute, substitute, or tamper with a specimen. ix. Failure to sign the Custody Control Form or Breath Alcohol Form. H. Testing Procedures Federal regulations required analytical urine drug testing and breath alcohol testing to be conducted when circumstances warrant or as outlined in the regulations. Peerless -Midwest Inc. affirms the need to protect individual dignity privacy and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity o the tests results are compromised, the test will be cancelled. 4 Dru Tests The drugs that will be tested for include marijuana (THC), cocaine, opiates, amphetamines, and phencyclidine (PCP), Urine specimens will be conducted using the split specimen sample method as described in 49 CFR Pat 40. Each specimen will be accompanied by a DOT Chain of Custody and Control Form (CCF) and identified using a unique identification number that attributes the specimen to the correct individual. The specimen will be sent to a laboratory where a validity test will be performed to ensure that it is non -adulterated human urine. Then an initial drug screen test will be conducted on the primary specimen. For the primary specimen that is no negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The primary test will be considered positive if the amounts present are above the minimum thresholds established in 49 CFR Part 40. All test results from the laboratory will be, reported to a Medical Review Officer (MRO). The MRO is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will be knowledgeable in the DOT regulations and MRO guidelines, DOT operating administration regulations and any changes to any of these. The MRO must obtain the appropriate qualification training as mandated in 49 CFR Part 40. The MRO will review all test results to ensure the scientific validity of the test and to determine whether there is a legitimated medical explanation for a confirmed positive test result. The MRO will contact the employee, notify him/her of the positive laboratory result, and provide the employee with an opportunity to explain the confirmed test result. The MRO will subsequently review the employee's medical history/records to determine whether there is a legitimate medical explanation for the positive test result. If no legitimate medical explanation is found, he test will be verified positive and reported to the Peerless -Midwest Inc. Designated Employee Representative (DER). If a legitimate medical explanation is found, the MRO will report the test result as negative. The split specimen sample will be stored at the initial laboratory until the analysis of the primary specimen is complete. If the primary specimen is negative, the split sample will be discarded. However, if the primary specimen is positive, the split sample specimen will be retained by the initial laboratory for testing if so requested by the employee through the MRO within 72 hours of being notified. The split sample specimen, if requested to be tested, will be sent to an alternate certified laboratory for testing, at the expense of the employee or applicant. 1. The Collector must complete mandated qualification training as defined in 49 CFR Part 40 to be able to perform collections. 5 2. The Collector must obtain photo identification from the employee or be identified by a Peerless -Midwest Inc. representative prior to administering the test. 3. The Collector will ask the employee to display the contents of their pockets prior to the test being taken. 4. The Collector will ask the employee to wash their hands only with water. 5. The Collector and employee will check the identification numbers of the seals with the number on the CCF. 6. The Collector will ask the employee to sign the CCF signifying the correctness of the data for test reporting. 7. The Collector will unwrap and wrap the specimen containers in the presence of the employee. . 8. After the specimen is collected, the Collector will inspect the specimen for sufficient volume, temperature and signs of tampering. 9. The specimen sample containers are placed in a shipping container, sealed with tamper proof seals in the presence of the employee. The employee will be asked to initial the seals on the specimen sample containers. 10.The Laboratory will check the seals on the specimen bottles upon receipt to ensure they are not broken, if they are broken, the laboratory will report the test as cancelled. 11.The laboratory will report the results to the MRO by electronic communication. Direct Observation Collection is Mandatont in the Following Circumstances 1. The Laboratory reports an invalid test and the MRO reports there isn't a medical reason for it. 2. The test results are reported as positive, adulterated, or substituted cancelled with no split specimen sample available. 3. The Collector observed signs that indicate an attempt was made to tamper with the specimen. 4. The Collector notes that the temperature of the specimen is not within range. Note: The Collector is NOT required to take the employee's body temperature. The DER from Peerless -Midwest Inc. will be notified of the out of temperature specimen after the direct observation test is completed. In addition, Peerless -Midwest Inc. has the option of requesting direct observation testing for return -to -duty and/or follow-up testing. The Observer must be the same gender as the employee. The observer may be someone other than the collector to ensure the same gender; however, this individual may not handle the specimen. 1FrPVM- 79- 4 If the employee cannot provide a specimen at the initial attempt, the employee will be urged to drink up to 40 oz. of water. The amount of water is to be spaced out over a three hour period. The employee is not required to drink the water by 49 CFR Part 40 regulations. If the employee does not provide a specimen, or refuses to provide a specimen, the test will be marked as a "Refusal to Test" and considered a positive test result. The employee will be sent to a physician with expertise in the field, within five (5) days for an evaluation as to why the individual was not to provide a specimen. If there is a valid medical reason, the test result will be changed to "Cancelled". Breath Alcohol Test All tests for breath alcohol will be conducted'using a National Highway Traffic Safety Administration (NHTSA) approved Evidential Breath Testing (EBT) device. The device must be operated by a certified trained Breath Alcohol Technician (BAT). The certified training must meet the qualification as defined in 49 CFR Part 40. A blank air test will be administered prior to the initial test and the confirmation test. This indicates the EBT chamber is clear. An initial breath test will be given, if the results are less than a concentration of 0.02, the test result is negative. No additional test will be required. If the initial test result is a concentration of 0.02 or higher, a second confirmation test will be conducted. A waiting period of at least 15 minutes but no longer than 30 minutes after completion of the initial test must be completed before the confirmation test is done. If the results of the confirmation test are between 0.020-0.039; the employee must be removed from the safety sensitive position for at least 24 hours. If the result is 0.040 or higher the employee is considered under the influence of alcohol and the employee must be removed from service, referred to a Substance Abuse Professional (SAP). Any result on the confirmation test of 0.020 or higher is considered a screening test. Each test will have its own unique sequential number. A printout will also include the time the test was taken, and EBT identification number. The test will be performed in a private, confidential manner as required by 49 CFR Part 40. MUM, . M M. OR 1. The BAT will request photo identification from the employee or be identified by a Peerless -Midwest Inc. representative prior to administering the test. 2. The Employee will select an individually sealed mouthpiece and it will be opened by the BAT while in the presence of the employee for the initial test. 3. Calibration checks will be frequently performed to insure the EBT is working efficiently. The employee may ask to see the last calibration. 4. The Employee will select an individually sealed mouthpiece and it will be opened by the BAT while in the presence of the employee for the confirmation test I. Positive Test Results Any employee of Peerless -Midwest Inc. that has a confirmed positive drug or alcohol test be terminated from his/her safety -sensitive position, informed of the educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. J. Compliance with the Treatment Program Requirements Employees are encouraged to make use of the available resources for treatment of alcohol misuse and/or illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse.. Any employee of Peerless -Midwest Inc. who refuses or fails to comply with a SAP's requirements for treatment, after care or return -to -duty shall be subject to termination. The cost of treatment will be paid by the employee or their insurance provider. K. Types of Testing Pre -Employment Testing Any individual that seeks employment with or transfers into a DOT safety -sensitive Position will be required to take and pass a urine drug test. The receipt of a negative urine drug test is required. If the results of the urine drug test are negative -diluted, the result will be considered negative. If the test was cancelled, Peerless -Midwest, Inc. requires the applicant to take and pass a second urine drug test. Anytime an employee of Peerless -Midwest, Inc. is off work for 30 consecutive days or more, the employee will be required to take and pass another pre -employment urine drug test. Reasonable Cause Testing Reasonable Cause referral testing will be made on the basis of documented objective facts and circumstances, which are consistent with the short-term effects of substance abuse. At least one supervisor that has been trained in Reasonable Cause detection is needed to make a Reasonable Cause referral for testing. The training must include ways to determine the signs and symptoms of drug and alcohol use. The supervisor must conclude that the employee is impaired in his/her work performance. Documentation as to the physical appearance, behavioral and performance indicators, speck and body odors of the employee must be completed prior to the test result being received. Examples of Reasonable Cause include, but are not limited to, the following: Physical signs and symptoms consistent with prohibited substance use or alcohol misuse. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substances. E✓ Occurrence of a serious or potentially serious accident that may have been caused by prohibited substance abuse or alcohol misuse. Physical contact (meaning fights), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures. Post Accident Testing All employees of Peerless -Midwest Inc. are required to undergo urine drug testing and breath alcohol testing if they are involved in an accident with a vehicle owned or leased by Peerless -Midwest Inc. If on or all of the following conditions are met: i. The accident resulted in a fatality. ii. The employee of Peerless -Midwest Inc. was issued a citation and a vehicle was towed from the scene of the accident. iii. The employee of Peerless -Midwest Inc. was issued a citation and an individual in the accident received bodily injury requiring immediate medial treatment away from the scene of the accident. The surviving employee that operated the vehicle or any other employee whose performance cannot be completely discounted as contributing to the accident must be tested. Following the accident, the employee(s) must be tested as soon as possible, but not to exceed eight (8) hours for alcohol testing and thirty-two (32) hours for urine drug testing. Any employee of Peerless -Midwest Inc. involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until he/she has completed an alcohol test or released from duty. Any employee of Peerless -Midwest Inc. who voluntarily leaves the scene of an accident prior to submission to drug and alcohol testing will be considered to have refused the test and the employee will be terminated. An alcohol test should be administered within two (2) hours of the accident. If this has not been done, Peerless -Midwest Inc. will document the reason the test was not completed within tow (2) hours of the accident and will continue to attempt to obtain a test and document their attempts within the eight (8) hour period. At the end of the eight (8) hours, Peerless -Midwest Inc. will cease the attempt to administer the test and document why the test was not completed. The employee must remain readily available for testing, until they are released from the scene of the accident. If the employee is required to leave the scene under the authority of medical or police personnel, they must notify Peerless -Midwest Inc. as to their whereabouts. If Peerless -Midwest Inc. is unable to perform a urine drug test and a breath alcohol test, (i.e., employee is unconscious, employee is detained by a police agency), Peerless - Midwest Inc. may use drug and alcohol post -accident test results administered by the E State and/or Local law enforcement officials if they were completed. Peerless -Midwest Inc. will obtain the results in conformance with State and Local law. Post Accident Testing for Non -DOT Circumstances Peerless -Midwest Inc. requires an employee to submit to drug and alcohol tests following a motor vehicle accident or property damage accident involving injury to any individual involved in the accident requiring immediate medical treatment away from the scene, serious damage to any motor vehicle or equipment involved in the accident, a fatality from the accident, or a physical injury that requires immediate medical attention away from the work site. Tests will not be required if the supervisor in charge determines, using the best information available at the time of the decision, that the employee's performance can be completely discounted as a contributing factor to the accident. Random Drug and Alcohol Testing All employees of Peerless -Midwest inc. that work in safety -sensitive positions will be subject to random unannounced testing. The selection of these employees for random testing of drug and alcohol will be made using a scientifically valid method the ensures each covered employee will have an equal chance of being selected each time selections are made. The random test will spread throughout the year. Tests can be conducted at any time during an employee's shift. Employees are required to proceed immediately to the collection site upon notification of their random selection. There is no discretion on the part of management in the selection and notification of employees who are to be tested. The percentages of the number of safety -sensitive employees in the random program are established by 49 CFR Part 40 on an annual basis. Currently the rates are 50% for drug testing and 10% for alcohol testing. Return -to -Duty Testing Employees of Peerless -Midwest Inc., under certain circumstances, that previously tested positive on a drug and/or alcohol test must be evaluated and released by a Substance Abuse Professional (SAP) before returning to work. A SAP is a licensed physician, certified psychologist, social worker, employee assistance professional, or addiction counselor. The SAP must also have clinical experience in the diagnosis and treatment of drug and alcohol related diseases. The SAP must have completed the required qualification training and completed the continuing education trainings as detailed in 49 CFR Part 40. Before the return -to -duty test, the SAP must assess the employee and determine if the required treatment has been completed. Follow -Up Testing 10 Under certain circumstances employees of Peerless -Midwest Inc. will be required to undergo frequent unannounced random urine and/or breath testing following their return - to -duty test. Follow-up testing on an employee will be performed for a period of one (1) to five (5) years with a minimum number of six tests performed the first year. The employee will remain in the random testing program. A qualified SAP will determine the frequency and duration of the follow-up tests, beyond the minimum number. L. Confidential Result Record Keeping The results of all drug and alcohol testing results will be maintained in a secure confidential manner by the employer, laboratory, collection site, MRO, SAP, and the Consortium/Third Party Administrator (CTPA). Information can only be released in the following circumstances and with the employee being notified in writing of the release. i. To a third party only as directed by specific written instructions of the employee. ii. To the decision -maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employed tested. iii. To a subsequent employer upon receipt of a written request from the employee as required by 49 CFR Part 40 of the DOT regulations. iv. To the National Transportation Safety board during an accident investigation. V. To the DOT or and DOT agency with regulatory authority over the employer or any of its employees, or to a State agency with oversight. vi. To the employee upon written request. M. Employee/Supervisor Training All employees of Peerless -Midwest Inc. in a safety -sensitive position will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training must include manifestations and behavioral cues that may indicate prohibited drug use. In addition, all employees will also receive a minimum of 60 minutes of training on the signs and symptoms of alcohol misuse including the consequences on personal health, safety, and work environment. N. Employee Contract for Policy Violations Under certain circumstances, employees of Peerless -Midwest Inc. who re-enter the workforce must agree to a re-entry contract. The contract may include, but is not limited to, the following items: i„ A release to return to work statement from the SAP. ii. A negative test result for drugs and/or alcohol. iii. An agreement to unannounced frequent follow-up testing for a period of one (1) to five (5) years with at least six (6) tests performed the first year. iv. A statement of expected work -related behaviors of the employee. 11 V. An agreement to follow specified after care requirements with the understanding that a violation of the re-entry contract is grounds for termination. O. System Contacts Employer: Name: Peerless Midwest Inc. Address: 55860 Russell Industrial Parkway City, State, Zip: Mishawaka, IN 46546 Phone: (574) 254-9050 Fax: (574) 254-9650 Designated Employee Representatives: Name: Cathy Lance Title: Operations Manager Telephone: (574) 252-4138 Email: cathy.lance(@r)eeriessmidwest.com Name: Robin Kealy Title: Compliance Manager Telephone: (574) 252-4136 Email: rolin.keal eerlessmidwest.colm. Name: Jon Dock Title: Field Superintendent Telephone: (574) 254-9050 Email: jon,dockQ eerlessmidwest,com This policy was adopted by Peerless -Midwest Inc. on 2019, Signature Title 12 RECEIPT FOR DRUG AND ALCOHOL POLICY I hereby certify that I have received the companies Drug and Alcohol Policy and that I have read and understand all the information contained therein. I further agree to abide by the provisions that are set forth in the manual. Date- Signature: 13 rtoii Ib . ,;r January 7, 2019 City of South .Bend 830 North Michigan Street South Bend, IN 46601 Craig T. Wanke Account Executive Officer Bond & Specialty insurance 11440 Carmel Commons Blvd Charlotte, NC 28226 Phone: 704-544-3647 Fax:1-866-216-5977 E-mail: cWanke@travelers,com Re,: Peerless -Midwest, Inc. (Subsidiary of SUEZ Water Advanced Solutions, LLC) Project — North Well Field: Well # I A To Whom It May Concern: We understand that Peerless -Midwest, Inc. is being considered for the captioned project. Please be advised that Travelers Casualty, and Surety Company of America/Travelers Casualty and Surety Company (hereinafter referred to as "17ravelers") handles all of the bonding requirements for Peerless -Midwest, Inc., (a wholly -owned subsidiary of SUEZ Water Advanced Solutions, .LLC) . We have confidence in the financial and operations strength of the firm, and are a strong supporter of their total work program. Peerless -Midwest, Inc. and SUEZ Water Advanced Solutions, LLC have a surety program with Travelers for single projects up to $ 5,000,000 and supporting backlogs approaching $ 40,000,000. We are pleased that Peerless -Midwest, Inc. is pursuing the above referenced project and we recommend them to you as one of the outstanding contractors in the country. Peerless -Midwest, Inc. has the ability to provide Performance and Payment Bands for this project should they be selected. Naturally, as is customary within the surety industry, the issuance of any bid or final bonds is always contingent upon a satisfactory underwriting review at the time a request for bonds is made. This review may include, but not be limited to, acceptable terms, conditions, documents, bond forms and confirmation of an acceptable financing source and payment provisions. It should be understood that any arrangement for surety bonds is a matter strictly between Pecrless-Midwest, Inc. and Travelers. We assume no liability to third parties or to you by issuance of this letter. Travelers Casualty and Surety Company of America/Travelers Surety and Casualty Company are licensed to do business in the State of North Carolina. Travelers Casualty and Surety Company of America is listed in the Department of Treasury's .Listing of Approved Sureties (Department Circular 570) and holds an A+F (Superior) rating by A.M..Best with a Financial Size Category XV by A.M. Best. Please do not hesitate to contact me if there are any questions or if I may be of further assistance. Sincerely, 1 Craig'I""Wanke, Attorney -In -Fact Travelers Casualty and Surety Company of America