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HomeMy WebLinkAboutOpening of Bids - WWTP Masonry Improvement Gallery Buildings 1-4 Proj No. 120-036 - Slatile Roofing & Sheet Metal Co., Inc.Project Name WWTP Masonry Improvements Gallery Buildings 1-4 Project No. 120-036 For Bids Due October 13.2Q28 Contractor Name: Slatile Roofing and Sheet Metal Co., INC. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Oue|Uy wmrhmonuhip, efficient operetion, yohaty. and timely completion of projects requires that all bidders meet certain minimum requirements tnberesponsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. If you are a pre -qualified bkddar complete Section Ionly. Ifyou are not mpre-qualified bidder, complete Section Qonly. Section 11 acts as an application for pre -qualification. Submission of Section 11 will allow the bidder to be considered for pre -qualification for bids with the City of South Band Department ofPublic 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 operiod oftwelve (12) months. Thereafter, contractors who are pre -qualified must submit acomplete application for continuation of"pre- qualified" etending, on o form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 31 st for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the Qty. 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 nfthe designation, effective January 1 ofthe following year, orimmediately following the twelve (12)months ofpre-qualified standing. However. the "removed" contractor or subcontractor shall still be permitted to bid on City public works pnojento, though the contractor must submit all required documents underG-G3 until "pre -qualified" status is re-established. p]eeme 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 isthe sole responsibility ofthe potential bidder bacomply with all submission requirements applicable to the bidder in Section 6-83 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version5MO/2O19 GenamlConditiona-O 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, ocurrent written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted o bid and/or intends to hire on any port of the public work pnoject, including individuals performing work asindependent contractors. 2. Each aubcunbador, 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) tothe successful bidder prior hothe commencement ofwork. 3. Failure of subcontractor to submit the required information shall not disqualify the ouocnoefu| bidder from performing work on the project and shall not constitute a contractual default and/or breach bythe successful bidder. However, the City may withhold all payment otherwise due for work performed by suboontnador, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of subcontractor list ("Disclosed Suboontrecior(e)^) to the City by a bidder shall not create any rights in the Disclosed Subcontnactor(m). Thuo, 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. S. 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 Please Note: Submissions deemed inadequate, incomplete, nruntimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely oubmisokone, aheU, in its sole diaorehon, after taking into account all information in the submission rmqui/emento, determine whether a bidder is responsive and reaponoib|e, and provide Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained bythe City through its own independent verification of the information provided by the contractor. Vnrsion5/1O/2O1S General Conditions -7 P CHECKLIST (FOR BIDDERS THAT ARE NOT PRE-QVJAUFIE[) (a) Acknow| ame�s: W �^ By checking this box, | hereby acknowledge that |emnot opre-qualified bidder _u� with the City ofSouth Bend. 00 �� Bychecking this box, | hereby acknowledge that the City reserves the right to request supplemental infonnation, additional verification of any information pruvided, 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, | acknowledge that all information provided tothe City shall beregarded oepublic records. (iii) _Z By checking this box. | hereby acknowledge that copies of all Applicable apprenticeship certificates orstandards for training programs applicable hothe work performed on the project may be requested at any time and shall be furnished _�. uponvequeot . (k) By checking this box. | hereby acknowledge and ensure that | and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work onthe public work project, are properly licensed. Furthermore, | acknowledge nny 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 sub- contractor loses their license at any point, it is the responsibility ofthat sub- contractor tmnotify the City. (b) Attach (i) 2 Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (GO) days of the submission of said document showing that business is in existenoe, current with the Indiana Secretary ofState's Business Entity Report, and eligible fora cedifinoba of good standing. (Not applicable to individua|n, sole proprietors or partnerships). List identifying all former business names. Any determinations by o court or governmental agency any violations of federal etota, orlocal laws including, but not limited to, violations ofcontracting orantitrust |ewm. tax orlicensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) (k) . years. Statement about staffing copabi|itiem, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I .� ambidding onDRoutlines how | intend tomeet the staffing needs ofthe work. (v) ___ Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor - underoUapp|icob|oo�nb*andfadena||awmond|ou�|ordinance� . (vi) ��_ For every pnoject, submit evidence cfparticipation in apprenticeship and training proQramo, applicable to the work to be pedbnnad on the puojeot, which are approved by and registered with the United States Department of Labor's Ofrice of =�r Apprenticeship, orits successor organization. (vii) _�� Copy ofawritten plan for employee drug testing that covers all nfmyemployees who will perform work on the public work project and meets or exceeds the -u� requirements set forth in |C4-13-1O-6or|C4-13-18-G' (viii) ��_ Evidence that | am utilizing o surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications orcontract. Version5/18/2U19 General Conditions 'S �� (ix) Written VVhttenatatementofonyfedens|.etateor|nca|bax|ienomrtaxde|inquenniesowed toany federal, state orlocal taxing body inthe preceding three years. (i) ' List of projects of similar size and scope of work performed in all areas, including ' the State of Indiana, within three (3) years prior to the date on which the bid is due. )Date: 10/12/2020 (Sign Here) (Print Name Here) Slatile Roofing and Sheet Metal Co., INC. (Name ofCompany) 1703S. IPDOVVDOd [}[ (Address of Company) South Bend 5742337485 (Telephone Number) PEACK CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name WWTP Masonry Improvements Gallery Buildings 1-4 Project No. 120-036 For Bids Due October 13'2O2O From time to time the South Bend Board of Public Works finds it necessary to reject abid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist inorder tomake sure that your bid iadone inthe proper manner. � Proper bid security included. The bidder has the option ofproviding either aCe�i�adCheck VnrBid Bond. Bid prepared onthe City ofSouth Bend Contractor's Bid for Public Work Form, completely Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding |nvnobnantm with Iran, Employment Eligibility Verification, Non-D isohminetion Commitment, and Certification of use of United Sbabae Steel Products or Foundry Products. Proof of MBEANBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted Form[[NVVBE-2.1]. Acknowledge Receipt of2 Addendum(o)included with the bid. All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. N/ 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 ofthe need toread and comply with the specifications. Bidder: Sl8[ile Roofing d Sheet Metal Co.,INC. Date: 10-9-2020 BvAuthorized Rep : Signature: Print Name &Title: Gerald Loriq8Kot-President Vorsion4/2/2O19 Contractor's Bid for Public Works -1 RVOIN MET Tin Project Name Project No. For Bids Due WWTP Masonry Improvements Gallery Buildings 1-4 120-036 PART U (Must be completed for all bids. Please type orprint) Date: 10/12/2020 Bidder (Firm): Sl8til8 Roofing and Sheet Metal Co., INC. Address: 1703 S. I[OOVVDOd [)[ City/State/Zip: South Bend, IKj46613 Telephone Number: 574 Agent ofBidder (if App|kmb|e): Pursuant to notices given, the undersigned offers to furnish labor and/or material public dm of: --',—'--- WWTP Masonry Improvements Gallery Buildings 1-4 the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Kil Architecture and dated 9/11/2020 for the sum of(enter the Total Bid aeshown onthe Proposal) Four hundred twenty thousand two hundred eighteen ($ 420,218.00 (Enter sum of Total Base Bid plus Alternates shown on Proposal) The undersigned furtheragreeatnfumishabondorcertifiedcheokwbhthiabidforanamountspecifiedin 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. Ifadditional units ofmaterial included in the contract are needed, the cost ofunits must bethe same asthat shown in the original contract if accepted by the basis, the itemization ofthe units shall Gerald Lon rot - es (Printed Name of Person Signing) ACCEPTANCE The above bid isaccepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maraclik, Member JooephR. Molnar, Member day of Jordan V. Gathers, Member Fherese J. Dorau, Member Attest: Linda M.Martin, Clerk 20 Version 4/2/2019 Contractor's Bid for Public Works - 2 PART 11 (For projects uf$1OO.DOOormore —|C3G'1-12-4) These statements bJbesubmitted under oath bveach bidder with and os part ofhis/her/itebid. Attach additional pages for each section moneeded. SECTION / EXPERIENCE QUESTIONNAIRE 1-Attach information regarding projects yourorgmnizobonhaecomp|etedfortheoeriodofone (1)year prior tothe date ofthe current bid. 2. Attach olisting ofpublic works projects currently iUprocess Vfconstruction bvyour organization. 3. Attach information regarding any failure to oonnp|a{e any work mxvanjed to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION QPLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing work. 8Exanlokan could include e narrative of when you could begin vvo/k. 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 vvodd that you have used on public works projects during the past five (5)years along with obrief description ofthe work done bveach subcontractor. 3. Kyou intend tosublet any portion ofthe work, attach the name and address of each subcontractor, equipment to be used by the auboontractor, and whether you will require a bond. However. if you are unable bzcurrently provide |istin0, please understand o|iabng 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 osubcontractor onthe 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 on explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment ofbidder's financial statement iSmandatory. 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 oon1nao1 must be specific enough iDdetail sothat said City OfSouth Bend can make aproper determination Dfthe bidder's capability for completing the project if awarded. Version4/2-/201S Contractor's Bid for Public Works '3 When the prospective Contractor is unable to certifyto 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 IN St. Joseph SS: COUNTY The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjtuy that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him., entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift., commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible., or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 4/2/2019 Contractors Bid for Public Works - 4 4. Contractor does not knowingly employ mcontract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor ouhuoqucody learns is an unauthorized u|icm. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all nfContractor's newly hired employees through the B-Verify Program as defined by I.C. 22'5-1.7-3. Contractor's documentation ofenrollment and participation inthe G-\/oity Program is included and attached uupart of this hid/quotn;and 5. Contractor shall require his/her/its suhouukuotorx puc5nonlng xmdk under this public contract to certify that the subcontractors do not knowingly employ o,contract with an unauthorized alien, nor retain any employee orcontract with upomou that the subcontractor Subsequently learns is an unauthorized alien, and that the subcontractor has enrolled inand isparticipating in theE-Verify Program. The Contractor agrees mmaintain this oouifiouuioothroughout the term nfthe contract with the City ofSouth Bend, and understands that the City may terminate the contract for default iythe Contractor fails tn cure abreach ofthis provision nolater than thirty (3O)days after being notified bythe City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend ubmugb its ugouoicu, boando, or commissions xhuU not discriminate against any nmy\cyoo 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, uu1iouul od&io' ancestry, age, gender nxyr*adoo, gender identity, sexual nrluouxinn or disability that does not affect that poroon'oability tnperform the owrk. In awarding contracts for the pu/nbcmc of work, labor, aomicro, 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, orcommissions may consider the Contractor's good faith efforts u`obtain participation hythose Contractors certified by the State of Indiana as u Minority Business ('^h8BB'`) or as u \Vomco'o 8uuioemo Enterprise (°9/8B'`)uoafactor imdetermining the lowest, responsible, responsive bidder. In no event shall persons o,entities seeking the award ofuCity contract horequired maward umubnontraot to on MBC/\uBS; however, it may not unlawfully diocdooiomu against said \mBS/MQB. A finding of discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded City contract for aperiod ofone (l) year from the date ofsuch 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 thu|dkcto)}owingnoodisoriminatioocommitmcntohu)|bcmado apart nfany contract which iimay henceforth enter into with the City of South Bend, Indiana orany ofits agencies, boards nrcommissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance o[this contract with privileges ofemployment, ozany matter directly n,indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, oozuo| orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. J' the undersigned bidder or u&cot as contractor on u public works project, understand my ammmry obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby oonjfy that l and all subcontractors employed by me for this project will use moc| products or foundry products made in the Duircd States on this project if awarded. l understand l have on mdimoabve 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 8tu»na. [ understand itismy sole obligation and responsibility ooprovide ujustification mthe City. subject oureview and approval, why the cost ofUnited States made steel o,foundry products |o unreasonable. Prior to award and upon submission nfbid which does not use steel products mrfoundry 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 Vemion4/2/2V1S Contractors Bid for Public Works -5 may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 1 2th day of Oct- 2020 Slatile Roofing and Sheet M ahQ)Q,,, // INC. Contra or/Bidder (Firin Signature o ContractorWrd_efer 01. nt its &1(c Gerald Longerot - PresrqjpN`­. Printed Name and Title Pp Subscribed and sworn to before me this day of 20�i My Commission Expires/ 0/1 sla 7 AV. TARA L REINHARDI Notary Public L NOTARY PUBWul of T F ty esidence _'5+ 1,� SEAL S "r , FATE OF INDIANA M Y C (;�m to'! EXPIRES DECEMBER 18, 2op? "SION NUMBER NP0724157 I C Nwil- ION NUM Version 4/2/2019 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OFSOUTH BEND Project Name: VVVVTP Masonry Improvements Gallery Buildings 1-4 Project Number: 120-036 For Bids Due: October 13'2O2D Contractor Name: S|808Roofing and Sheet Metal CO.. INC. DIVISION A: BUILDING 8 (Gallery Building 1) Item Description Quantity Unit Unit Price Total Amount 1 Exterior Masonry Improvements lot $39,000 $39,000 DIVISION A:BUILDING OBASE BID TOTAL DIVISION B: BUILDING 9 (Gallery Building 2) Item Description Quantity Unit Unit Price Total Amount DIVISION B:BUILDING 9BASE BID TOTAL �ibU'UUU DIVISION C: BUILDING 10 (Gallery Building 3) Item Description Quantity Unit Unit Price Total Amount 1 Exterior Masonry Improvements lot $75,000 $75,000 DIVISION C: BUILDING 10BASE BID TOTAL '51bU'UUU DIVISION D: BUILDING 14 (Gallery Building 4) Item Description Quantity Unit Unit Price Total Amount 1 Exterior Masonry Improvements lot $68,000 $68,000 DIVISION D:BUILDING 14BASE BID TOTAL 131,218 DrN8OND:BUILDING 14ALTERNATE #1 Item Description Quantity Unit Unit Price Total Amount Provide price to install Versico roofing 1 system in lieu of base bid manufacturer 1 33,218.00 33,218.00 DIVISION D: BUILDING 14 ALTERNATE BID TOTAL Version4/2/2O10 Contractor's Bid for Public Works '7 BID/PROPOSAL CITY OF SOUTH BEND Project Name: WWTP Masonry Improvements Gallery Buildings 1-4 Project Number: 120-036 For Bids Due: October 13, 2020 Contractor Name: Slatile Roofina and Sheet Metal Co., INC DIVISION D: BUILDING 14 (Gallery Buildina 4) ALTERNATE #2 1865 Item No. Description Quantity Unit Unit Price Total Amount Provide price to remove entire roofing 1 system and all insulation down to decking to 42,218.00 be replaced with new insulation and roofing system DIVISION D: BUILDING 14 ALTERNATE #2 BID TOTAL 42,218.00 UNIT PRICES Item No. Description DEDUCT/SF ADD/SF 1 Masonry Brick Tuck -pointing per SF R ab-oo JN5.00 2 Soft Joint Repointing per LF — $P/-00 00 3 - Masonry Brick Re-building/Replacement per SF 110, Do 510.00 4 Brick and Limestone Cleaning per SF 42-0a 4 o. 0 C, 5 Concrete roof topping repair per SF 136.00 Bidder (Firm): Slatile Roofing and Sheet Metal Co., INC Address: 1703 S. Ironwood Dr. City/State/Zip: South Bend, IN _ Telephone Number: (574 ) 233-7485 46613 By (Signat Gerald Longerot - resident (Printed Name of Person Signing) Version 4/2/2019 Contractor's Bid for Public Works - 8 CITY OfSOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM KXVVBE-1.0 � ^` K88E8WBEP4RT|C|PAT|ON 1865�» I nis completed torm should be supplied with Bids that pertain to City of South Bend Public Works |tiathe bidde�s sole respunoibiUtybuvorUwhether woman ects of aK8in MBE/MBE' participation. It owned business. — Project Number: 120-036 Project Name: WWTP Masonry Improvements Gallery Buildings 1-4 Slatile Roofing and Sheet Metal Co., INC. Total Bid Amount: $420,218.00 MBEANBE Goal: Name & Address of MBE/WB'E Primary Contact Person (Name[Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBEIWBE Component Percentage of Total Submitted by: Gerald LOOg8rot-President Print Name Signature Verskm4/2/2O19 Contractor's Bid for Public Works 9 10/12/2020 Date , 61d CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain 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: Address: City: Email: 120-036 Date: 10/12/2020 _WWTP Masonry Improvements Gallery Buildings 1-4 Slatile Roofing and Sheet Metal Co., INC. Gerald Longerot Telephone: 574-233-7485 1703 S. Ironwood Dr. South Bend State: IN as 46613 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 (hftp://www.in.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBENVBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBEANBEs reasonable time to respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBE/WBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBEMBE firms. "Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBEN\/BEs 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 MBE/WBEs in order to increase the likelihood of meeting the MBEMBE goals (including breaking down contracts into smaller units to facilitate MBEN\IBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBEMBE 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 MBEAA/BE was unqualified to perform the job. *Proper demonstration of Good Faith Effort requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 4/2/2019 Contractor's Bid for Public Works - 10 uuTn CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY s ` DEVELOPMENT PROGRAM r i{ FORM MWBE-2.1 MBE/WBE CONTACTED .865 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE OF Project Number: 120-036 MBE/WBE Participation Goal Project Name: WWTP Masonry Improvements Gallery Buildings 1-4 Bi er: a bfing a5 Sheet Metal Co., INC. By: �� President 10/12/2020 (Signa/t re) (Title) (Date) MBE/WBE Firm Bulk Transport, Equipment Rental Owner or Contact at MBE/WBE Firm Bulk Transport, Equipment Rental Telephone: 2192290442 Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: Equipment Rental RESULTS OF CONTACT WITH THE MBE/WBE FIRM: No response from Bulk Transport, Equipment Rental MBE/WBE Firm Creative Custom Finishes and Painting Owner or Contact at MBE/WBE Firm Creative Custom Finishes and Painting Telephone: 55748060334 Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: Painting RESULTS OF CONTACT WITH THE MBE/WBE FIRM: No response from Creative Custom Finishes and Painting Version 4/2/2019 Contractor's Bid for Public Works - 11 CITY OFSOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM K8VVBE-2j K0BBWBECONTACTED This completed form should bnsupplied with Bids that pertain to City of South Bend Public Works Projects � requiring contacted MBEIW8E 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 Minority nrVVnmen'o owned business. Project Number: Project Name: Bid d��/ PAGE OF 120'036 K8BE8NBEParticipation Goal VVVVTPMasonry Improvements Gallery Buildings 1-4 latil and heet Metal Co., INC. MBE8NBEFinn MidVV8�t Rentals Owner orContact etMBE/NBEFirm Midwest Rentals Telephone: 7654235541 Fax: Email: TYPE OFWORK SOLICITED FOR THIS PROJECT: Equipment Rf@l RESULTS DFCONTACT WITH THE MBE/WBEFIRM: No response from Midwest Rentals MBE8mBEFinn Owner orContact atMBExNBE Finn Telephone: Fax: Email: TYPE DFWORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEANBE FIRM: Vamiun4D/2O1S Contractor's Bid for Public Works '11 CERTIFICATE OF EXISTENCE ToWhom These Presents Come, Greeting: L CONN|E LAVVSON, Secretary of State of Indiana, do hereby certify that | am, by virtue of the laws of the State of Indiana, the custodian of the corporate records and the proper nff)da| to execute this certificate. I further certify that records of this office disclose that duly filed the requisite documents to commence business activities under the laws of the State of Indiana onJanuary 08, 1965, and was in existence or authorized to transact business in the State of Indiana unSeptember O9,Z03O. | further certify this Domestic For -Profit Corporation has filed its most recent report required by Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of withdrawal, dissolution, or expiration has been filed or taken place. All fees, taxes, interest, and penalties owed to Indiana by the domestic or foreign entity and collected by the Secretary nfState have been paid. In VVdnea Whereof, | have caused to be affixed my signature and the seal nfthe State ofIndiana, atthe City ofIndianapolis, September O9,2O2O CONN|E LAVV5ON SECRETARY OF STATE 194439-082/20201613117 All certificates should be validated here: https:Hbsd.sos.in.gov/ValidateCertificate Expires onOctober O9,2O2U. Phone:5742337485 Fax: 5742337531 infofslatileroofing.com www.slatileroofing.com 1703 South Ironwood - South Bend, IN 46613 !a !, � % / /�110�, l -ems Gerald Longerot - President 10/12/2020 ESTABLISED 1924 ROOFING MASONRY RESTORATION SHEET METAL -CLOSING :CONFERENCE WORKSHEET 1926 STANDARDS, CONSTRUCTION, SAFET-Ya HEALTH -- State Form47278 (R/4-D9) ,Ispectlon number Name of Company 664(407 WOVXWel avd,�(hW i. Safety & Health provisions. 9. Electrical 17. Underground Construction 2. Environmental Controls 3. PPE & Life Safety Equipment 10. Scaffolding 18. Demolition 11. Fall Protection 19. Blasting & Explosives 1. Fire Protection 12. Cranes, Derricks & Hoists 20. PowerTrmsmTs*n 5. Signs, Signals & Barricades 13. Motor Vehicles &Mechanical Equipment 21. Rollover Protection S. Material Handling 7. Tools, Hand & Power 14. Excavations 22. Stairways & Ladders 15. Concrete & Masonry 23. Toxic/ Hazardous Substances B. Welding & CuWng 16. Steel -Erection 24. General Duty Type of TrispeclIon Location M .49P-412��t _V ia­z­a r d lomments zsi �.q i. Type ortrispection Location Hazard &Arlo 0 ilyxo"� :;Dm J3=1 16 V-41 10-CAP d1cot- (POP �.Typo7orinsp ecllon � . .... Location Hazard Comments 4. TypaofInspection Location Hazard ---------------------------------------------------------------------- - Comments S. Type offfisparliDn Location Hazard ----------------------------------------------------------------------- Comments Hazard I ------------------------------------------ -------------------------- The aforementioned hazards were noted by the IOSHA Compliance Officarduring the onsite inspection ofyourworksite. The complianceoffeWsrecomirnandaWns regarding the above referenced hazards are subject to review by the IOSHA supervisory personnel. You may receive Safety orders and Notification of Penalties related to this [OSHA inspection. Dale (nmalh, day, year) Recalved by err-ITR_ n TR IM MON�.hfte - implc�yercopy, Canary - Employee Repre Imes Phone:5742337485 Fax: 5742337531 info@slatiteroofing.com www.slatileroofing.com 1703 South Ironwood o South Bend, IN 46613 Statement o staffing capab Vities and d c j' tio on irma n that all employees be Key Personnel 0 Gerald Longerot - President - 54 years of experience 0 Ann Longerot - Secretary - 38 years of experience 0 Ken Hoy Jr. - Project Manager - 32 years of experience ® Wendell Simmons - Project Manager - 29 years of experience 0 Josh Longerot - Masonry Project Manager - 14 years of experience ® Jim Polk - Materials Manager - 26 years of experience ® Michael Albert - Assistant Project Manager - 4 year of experience ® Ryan Gramza - Sheet Metal Shop Manager - 26 years of experience ® Robert Davis - Superintendent - 34 years of experience Field Employees ® Roofers: 27 full time roofers with 84% Journeymen roofers, all are trained through JATF ® Sheet Metal: 3 Full time sheet metal employees 3 journeymen ® Masonry: 8 full time all journeyman masons ® Warehouse and Drivers: We have one full time warehouse employee that was a journeyman roofer for 22 years, 1 truck driver that is a CDL Class A driver and one mechanic Longerot -President 1011212020 ESTABLISED 1924 ROOFING MASONRY RESTORATION SHEET METAL loll 08/14/2020 To Whom it may concern: U1, 0 T1 w Slatile Roofing and Restoration is a contractor in good standing, signatory to the South Bend Roofers Joint Apprenticeship and Training Committee's (J.A.T.C.) Registered Apprenticeship Program #IN020780008. Department of Labor 2420 Viridian Drive -Suite G South Bend, IN 46628 Office of apprenticeship. C.O. Kathleen Sokolowski 574-236-8295 Derek Carrington Roofers Local 23 Apprenticeship Coordinator 22990 Ardmore Trail South Bend, IN 46628 574-968-5500 I::i 1► www.bac4traiiiing.cOm bac4apprenticeship�t),gmail.com 219-525-4443 Roger Jones - Managing Director October 9, 2020 C/O Slatile Roofing & Sheet Metal Co., Inc To Whom It May Concern, This is a letter of recommendation on behalf of Slatile Roofing & Sheet Metal Co., Inc The BAC 4 IN/KY Apprenticeship & Training Program is a statewide program that was established in I994 and is recognized by the U. S. Department of Labor and is considered in good standing. Slatile Roofing & Sheet Metal Co., Inc has been a "signatory union contractor" since I980 and currently employ enrolled apprentices. Slatile Roofing & Sheet Metal Co., Inc has continued to follow the guidelines set forth in Collective Bargaining Agreement with BAC Local #4 IN/KY meeting the required Journeyman/Apprentice ratio on their jobs. Should you have any further questions please feel free to contact the State office at (2I9) 525-4443. Sincerely, Roger Jones Managing Director BAC 4 IN/KY Apprenticeship & Training Program BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 4 IN/KY APPRENTICE FUND VALPARAISO, INDIANA FOR THE TRADE CLASSIFICATIONS: BRICKLAYER; BRICKLAYER, FIREBRICK & REFRACTORY; TILE SETTER; TUCKPOINTER, CLEANER, CAULKER J'?ey.ts1epeo'-as,pa-r1 of lal'e Xa1Jonaf5,,l ,p 'prenitces,& p 6yslem in accoro(ance m-tXh1'1h1'e asic slanofaro(s ,p Of pz-enlicesL� eslablfishleal-46y I,& 6ecpela-ry of'ca&r MAY 24,1996 Revised: February 2, 2007 IN001960012 ,Wey.,sIralion Xo. ,,k e, N T 0 c5earelay of,6aAor T—=-7 /0" ollic, lice"S' ;D TES ES O�' 0� Sheet Metal Workers Local 201 Apprenticeship & Training TruEE 2828 East 45th Street, Suite A Indianapolis, Indiana46205 (317) 541-0050 -1-800-835-4531 www.smw20training.com October 8, 2020 To Whom It May Concern, I am the State Apprenticeship Coordinator for the Sheet Metal Workers' Local 4120 Apprenticeship and Training Trust. I am writing this letter on behalf of Slatile Roofing & Sheet Metal in South Bend, Indiana. They are one of our contractors and have been in good standing and have been actively participating for well over three consecutive years; therefore, they are eligible to hire Apprentices through Our program. Apprentices hired by this con-ipany are registered with the Bureau of Apprenticeship and Training as "Sheet Metal" Apprentices. Additionally, the Sheet Metal Workers' Local 4 20 Apprenticeship and Training Trust has been active for well over three years, in fact dating back to March 5, 1946. Thank you for your consideration in this matter. If you have any questions, please call me at your convenience. Sincerely, ( � " 121e"h�_ Jason Benson State Apprentice Coordinator - Sheet Metal Contractors -Sheet Metal Workers Local 20 Evansville -Ft.Wayne -Gary -Indianapolis -Lafayette -SouthBend -TerreHaute Bureau of the Fiscal Service > Sure_ty Bonds > List of Certified Companies M Download the complete listing of Certified Cornpanle F, or browse the list below. Also, see SUr.ir), Le-,maia. LGLiangeaI(LC'ircular 570 .......... - Last updated July 01, 2020 ".1 (NAIC #26379) BUSINESS ADDRESS: PO Box 140855, Orlando, FL 32814. PHONE: (407) 629-2131. UNDERWRITING LIMITATION b/: $6,940,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MID, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. R Z rd 0-Toffize- TO.T-,Vd 5 1-0 11 , Nk 9 10311 SM. r • +' r * R « r' (NAIL #14990) BUSINESS ADDRESS: P. O. Box 2361, Harrisburg, PA 17105 - 2361. PHONE: (717) 234-4941. r • • � �r « r rrr SURETY LICENSES c,f/: AL, AS, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV. INCORPORATED IN: Pennsylvania. (NAIC #18058) BUSINESS ADDRESS: One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 - 0950. UNDERWRITING LIMITATION b/: $230,135,000. UNDERWRITING LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Pennsylvania. (NAIC #18619) err• •� :. •rr .. . r r•rr • «r: • � rr UNDERWRITING LIMITATION b/: $5,182,000. r1 ! 1703 South Ironwood m South Bend, IN 46613 FAN i/ elinquencies',230 Gerald Longerot - President 10/12/2020 ESTABLISED 1924 ROOFING MASONRY RESTORATION Phone:5742337485 Fax: 5742337531 info@slatileroofing.com www.slatileroofing.com SHEET METAL G101019[il[r 1703 South Ironwood - South Bend, IN 46613 r I u rsoko SB irar-Uls" ESTABLISED 1924 MASONRY RESTORATION Phone:5742337485 Fax:5742337531 i nfo@slati leroofing.com www.slatileroofing.com SHEET METAL CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Slatile Roofing & Sheet Metal Co., Inc. of business) 1703 S. Ironwood Drive Hudson Insurance Company This document has important legal South Bend, IN 46613 100 William St, 5th Floor Street, New York, NY reef, consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Board of Public Works, City of South Bend, IN modification. 227 West Jefferson Boulevard Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) WWTP Masonry Improvements Gallery Buildings 1-4 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Projec , any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Mled this 13th day of Oct (Witness) pp tEiatt �rxd stl0i (I'Vit T SS) aber 2020 Slatile Roofing & Sheet Metal Co., Inc. (Principal) (Seal) (Title) 6vwro L.oN o3- 9< Pre_.S Q&1V4- Hudson IraWdrffin-ce Com ny (Surety) (Se a1) (Title) Todd SchaaD, Attorney -in -Fact AIA Document A310- — 2010. Copyright@ 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAo Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 HuDSON INSURANCt G[toUll U�' 1,��A KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Thomas O. Chambers and Todd Schaap of the state of Wisconsin Todd Kramer of the state of Iowa its true and lawful Attomey(s)-in-Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ($10,000,000.00). Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thcreunto duly this _9th day of --July 20 19 at New York, New York. A S 0 y a Attest ......... Dina D2skalakis Corporate Secretary STATE OF NEW YORK COUNTY OF NEW YORK SS. HUDSON INSURANCE COMPANY By.. ............... Michael P. I e t Senior Vice President \1/ On the 9th day of July 20 19 before me personally came Michael P. Cifrine to me known, who being by me duly sworn did depose and say that he is a SeniorVicc President of HUDSON —INSURANCE COMPANY, the corporation described herein and which executed the above instrument, that he knows the seat of said Corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his nnqjtAejvto4y,jike order. q,0N Go (2 ........... (Notarial Seal)m. < C ON GOURIAY AT iEiR2 , Notary PublicState of New Y ork TA No. 01006372305 Qualified in New York County C, Commission Expires June 4, 2022 STATE OF NEW YORK CERTIFICATION COUNTY OF NEW YORK F A 0Cs % i a a] NeN , The undersigned s ge,1r,c`b`y certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27", 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice ?residents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or at(omey or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizanccs, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seat may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in fall force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. �cos the hand of the undersigned and the seal of said Corporation this 13th day of October 2020 jPOq LPAN By....... ...... .......... Dina Daskalakis, Corporate Secretary STATE OF WISCONSIN COUNTY OF Kenosha ON TH IS 13th .day of October 2020 before me, a notary public, within and for said County and State, personally appeared Todd Schaap to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the Hudson Insurance Company , a corporation of Delaware by virtue of the laws of the State of Delaware created, organized and existing under and that the corporate sea] affixed to the foregoing within instrument is the sea] of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Todd Schaap did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Megan 0�0 Notary Public, Kenosha County, Wisconsin My Commission Expires 3/3/2024 GPV 0 �\OTAR), . ........... D" RUG &ALCOHOL POLICY "Striving to be Drug Free for a Safe Industry" As Revised and Adopted September 19, 2018 m PAGE Introduction ..................I The Policy .................... 2 Definitions ................... 4 Drug Testing .................. 20 Drug Group .................. 22 Alcohol Testing ................. 23 Payment for Testing .............. 24 Initial Testing (Pre -Employment) ....... 26 Random Testing ................ 26 Owner Requested On -site Random Testing .. 27 Probable Cause Testing ............. 28 Post-Accident/Incident Testing ........29 Rapid Test Prohibited ............. 31 "Emergency" Work Assignments ........ 31 Card System .................. 32 Status Confirmation .............. 33 Reporting of Test Results............ 34 Insufficient Specimen .............. 35 Diluted Specimen ................ 35 Adulterated, Substituted, and/or Out -of -Temperature Range Specimen ... 35 �N PAGE Consequences for a Non -Negative (i.e., Positive) Test . . . . . . . . . . . . . . 36 Additional Consequences for Multiple Non -Compliant Events . . . . . . . . . . . 38 Observed Return -to -Duty Testing . . . . . . . 39 Observed Follow-up Testing . . . . . . . . . . 39 Disputed Positive Results . . . . . . . . . . . . 39 Appeals and Protections/just Cause . . . . . . 40 Illinois —"Drug Free Workplace Act"- 30 ILCS 580 . . . . . . . . . . . . . . . . 41 Illinois —"Substance Abuse Prevention Programs Required"— 820 ILCS 265/15 . . . . . . . . 42 Letters of Notice for Random Testing . . . . . 44 Attachment A — General Trades . . . . . . . . 44 Attachment B — Non -Bargaining . . . . . . . 45 Attachment C — Pipe Fitters Local #597 . . . . 46 Attachment D — BCRC Authorization for Consent to Drug and Alcohol Analysis & Authorization For Release of Results . . . . . 47 Attachment E — BCRC Applicant/Cardholder Drug Test Information &Instruction Sheet.. 48 Attachment F — BCRC On -site Substance Abuse Testing Addendum . . . . . . . . . . 49 BUILDING AND CONSTRUCTION RESOURCE CENTER, INC. INTRODUCTION The Labor and Management representatives of the Building and Construction Industry for Northwest Indiana have formed an alliance to address the problems caused by drug and alcohol abuse. Management and Labor together have created the Building and Construction Resource Center, Inc. (hereafter "BCRC"), an independent not -for -profit corporation that offers a wide range of services to Employees in the unionized construction industry, which includes Employers, Labor Union organizations. It is BCRC's goal to assist Employers in establishing and maintaining workplaces that are free of the destructive effects caused when Employees use or abuse drugs and/or alcohol. BCRC's activities are not intended to interfere with normal practices of the Labor Unions or Management. BCRC recognizes its responsibility to communicate with and educate Employers and Employees in the unionized construction industry concerning this policy, as well as the harmful effects of drugs and alcohol in our society, and in the workplace. BCRC also recognizes the need to provide a program of assistance to those persons for whom drugs or alcohol may be causing problems. Our Employee Assistance Program (EAP) provides support, counseling, and resources for life issues that can take a toll on your emotional well-being or take time away from things you value the most, like work and family. Finally, while not wishing to violate the rights or invade the privacy of any Employee, BCRC's drug testing program will seek to identify those Employees who are unable or unwilling to conform to BCRC's program. This program has been established in accordance with Drug and Alcohol Testing Industry Association (DATIA), Substance Abuse and Mental Health Services Administration (SAMHSA), and Federal Department of Transportation Guidelines for specimen collection, laboratory analysis and review, and standards of integrity and confidentiality. THE POLICY Persons who use or abuse drugs and/or alcohol, on or off their jobs, are likely to be less productive, to be less reliable, to be more frequently absent, and to have other work related problems that can cause increased costs, delays, accidents, and injuries.'Ihese Employees can also risk the health, safety and well-being of other workers on the job. The unionized construction industry can control and reduce this problem through recognition of the problem, development of a comprehensive policy and program of education and information, promotion of an Employee Assistance Program (EAP), and implementation of fair and respectfid drug testing that conforms to Drug and Alcohol Testing Industry Association (DATIA), Substance Abuse and Mental Health Services Administration(SAMHSA), and I ederal Department of Transportation Guidelines for specimen collection and analysis. All of this is to be done with the utmost confidentiality and respect for the individual. All Employers (as defined herein) hereby adopt the following policy: No Employee may use, possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing any work for the Employer. In order to enhance substance abuse awareness among all Employers and Employees, educational seminars and training programs will be offered.The educational seminars will be directed toward education in regards to the seriousness of the nationwide drug and alcohol abuse problem, and how the use of drugs and alcohol negatively impacts safety, productivity, and the competitive ability of the American workforce. Supervisors will be trained to identify Employees in potentially difficult situations, and to recognize signs of impairment, as well as the Supervisors'responsibility to document, intervene and follow-up with the troubled individual. These sessions will be offered as ongoing training programs. BCRC encourages all Employees troubled by their own or a family member's drug or alcohol abuse to seek professional care and treatment. Early recognition and treatment of alcohol and drug abuse provides the greatest opportunity for successful recovery. BCRC provides an Employee Assistance Program (EAP) for all Employees and their families who need professional guidance in assessing their substance abuse or alcohol -related problem and choosing an appropriate course of treatment. Current Employees will be referred to an EAP representative as a result of a non -negative (positive) drug or alcohol test, a non -compliant event, or upon an individual's own request. In either case, the content of the discussion with the EAP will be protected and confidential, to the extent allowed by law. A participant's use of and communications with the EAP are confidential and information regarding such confidential matters will not be released to BCRC or any of its subscribing organizations or participants without written release from the participant in accordance with the law. Employees, who use the EAP as a consequence of a non -negative (positive) drug or alcohol test, or a non -compliant event, will be subject to the conditions established in the drug testing portion of this policy and as outlined by the EAP Counselor. The EAP staff has knowledge of the level and types of benefits available to BCRC Employees. Employees can access the services of the EAP through a hotline that is staffed twenty-four (24) hours a day, seven (7) days a week, throughout the entire year. Employees calling the EAP hotline are put in touch with a counselor who will conduct a professional assessment and who may meet with them to fin-ther assess the nature of the problem in order to provide a referral to the best and most appropriate level of care.The EAP is staffed by certified and Masters -level credentialed human services professionals who are sensitive to the needs of the individual. Individuals who take the initiative to contact the EAP for assistance do so with the assurance that their calls will be treated respectfully and confidentially. The direct services provided by the EAP are sponsored by BCRC. In compliance with Public Law 100-690 (The Drug -Free Workplace Act), which applies only to Employers who have federal grants or federal contracts of more than $100,000, an Employee who is convicted of a workplace drug or alcohol violation and who is employed by a BCRC affiliated Employer must report this information to his/her immediate supervisor no later than five (5) days after such conviction. The Supervisor must report this information immediately to the Employer's Program Administrator. DEFINITIONS • Addendums (i.e., Attachment F) maybe approved by the Board of Directors on an as -needed basis. • Adulterated Specimen a specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. • AjrBlank means, in evidential breath testing devices (EBTs) using gas chromatography technology, a reading of the device's internal standard. In all other EBTs, a reading of ambient air containing no alcohol. • Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohoL Alcohol Cancentradon (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210liters of breath as indicated by an evidential breath test under this policy (BrAC). Alcohol Confirmation Test means a subsequent test using an EBT, following a screening test with a result of 0.02 or greater, which provides quantitative data about the alcohol concentration. • Alcohol ScreeningDevice (ASD) a breath or saliva device, other than an EBT, that is approved by the National HighwayTraffic Safety Administration (NHTSA) and appears on ODAPCs web page for "Approved Screening Devices to Measure Alcohol in Bodily fluids" because it conforms to the model specifications from NHTSA.. • Alcohol ScreeningTest means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen. • AleoholTesting Site a place selected by the Employer where employees present themselves for the purpose of providing breath or saliva for an alcohol test. • Alcohol Use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. • Aliquot means a fractional part of a specimen used for testing. It is taken as a sample representing the whole specimen. • Applicant means a person, Independent Contractor, or Employer, or person working for an Independent Contractor, or Employer who applies to become an Employee of a BCRC Contractor/ Employer participant, and includes a person who has received a job offer made contingent on the person passing a drug test. • Archived Status means a person who has been inactive, deactivated or otherwise out of the random pool. • AuthorizedTest means a drug and/or alcohol test performed in accordance with the provisions of this Policy and at the request (or direction) of BCRC. • CRC means Building and Construction Resource Center, Inc., which is a not -for -profit corporation formed by labor and management representatives of the building and construction industry for Indiana & Illinois, for the purpose of addressing problems of drugs and alcohol in the workplace. • BCRC Polio means all of the policies, procedures, and other matters set forth in this document (i.e., the BCRC Drug &Alcohol Policy) and all amendments and addenda to this document. • Breath Alcohol Technician (BAT) is a person who instructs and assists employees in the alcohol testing process and operates an Evidential Breath Testing device (EBT). • Canceled Test means a drug or alcohol test that has a problem identified that cannot be or has not been corrected. A canceled test is neither a positive nor a negative test. An Employer is not permitted to take adverse job action based on a canceled test. • Card Manager is the individual designated by each Employer who has the authority to access data information that will confirm the status of Employees by electronic e-mail. • CL or Clear means that an Employee is "cleared", available for work, and currently compliant with this Policy when used with respect to the BCRC status of an Employee. • Chain of Custodv the procedure used to document the handling g of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF) as approved by the Office of Management and Budget. • Collection Container means a container into which the Employee urinates to provide the specimen for a drug test. • Collection Site means a place designated by BCRC where individuals present themselves for the purpose of providing a specimen to be analyzed for the presence of controlled substances, or for purposes of providing breath sample to be analyzed for alcohol concentration. • Collector means a person who instructs and assists Employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes necessary forms. • Company means an Employer/Contractor who is a member of BCRC. • Confirmation (or confirmatory) DrugTest a second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or drug metabolite. • Confirmation (or confirmatory)yalidityTest a second test performed on a different aliquot of the original urine specimen to further support a validity test result. • Confirmed DrugTests a confirmation test result received by an MRO from a laboratory. • ConfirmatoryTest a) For alcohol testing, a confirmatory test is a second test following a screening test with a result of 0.02 or greater, conducted 15-30 minutes later, that provides quantitative data of alcohol concentration. This test is conducted on an EBT. b) For controlled substances testing, a confirmatory test is a second analytical procedure on the same specimen to identify the quantitation and presence of a specific drug or metabolite. This confirmatory test is independent of the initial test and uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, synthetic opiates, opioids, amphetamines and phencyclidine). -Contractor Participant means an Employer who is a contributing member of BCRC. Controlled Substance means marijuana (THC), cocaine, synthetic opiates, opioids, phencyclidine (PCP), amphetamines (including methamphetamines), barbiturates, benzodiazepine, propoxyphene, methadone, 6-acetymorphine and ecstasy. Designated Employer Representative (DER) an Employee authorized by the Employer to take immediate action(s) to remove Employees from safety -sensitive duties, or cause Employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes.)he DER also receives test results and other communications for the Employer, consistent with the requirements of this policy. Service agents cannot act as DERs. Dilute Specimen means a specimen with creatinine and specific gravity values that are lower than expected for human urine. DOT these terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of this part, the United States Coast Guard (USCG) in the Department of Homeland Security is considered to be a DOT agency for drug testing purposes only since the USCG regulation does not incorporate Part 40 for its alcohol testing program. 'These terms include any designee of a DOT agency. Drug� mean the substances for which tests are required under this policy and include marijuana (THC), cocaine, amphetamines (including methamphetamines), phencyclidine (PCP), opioids, synthetic opiates, barbiturates, benzodiazepine, propoxyphene, methadone, and ecstasy. Drug test means a test conducted for controlled substances. Employee means an Employee of a Company, or of a Contractor/Employer participant, who is a member of BCRC. Employee Assistance Program ") Counselor means a Masters -level professional with an education in psychology, social work, counseling, etc. with knowledge of and clinical experience in diagnosis and treatment of alcohol and controlled substance related disorders. The EAP will assess and make recommendations concerning education, treatment, follow-up testing and aftercare. m to er means a Company, or a Contractor/Employer participant, who is a member of BCRC. Evidential Breath Testing Device (EBT) means a device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSAs Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSAs Traffic Safety Program. • Eirst Occurrence Clause means if an Employee does not report for a random test, and it is the first time the Employee has failed to report, the Ihird Party is Administrator (TPA) may allow the Employee to take the test without reporting to the EAP for further review Employees may utilize this clause only one time. Observed Follow-UpTesting maybe required, based on an EAP evaluation for a non -negative or positive test result, missed random, incomplete test/walk outs as described in this policy. Follow-up testing will be administered by the TPA and must be observed. Gas Chromatography/Mass Spectrometry Confirmation (GC/MS) is a state of the art drug testing technology, providing a fingerprint of the detected drug. HHS means the Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services. HHS-Appmved Laborato any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part. Initial Test (for dnigd means an immunoassay screen to eliminate negative urine specimens from fiutber consideration. Initial ValidityTest means the first test used to determine if a specimen is adulterated, diluted, or substituted. Invalid DrugTest the result reported by an HHS 11 certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. Laboratory any US. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part. Licensed Medical Practitioner means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, Local, or Foreign laws and regulations, to prescribe controlled substances and other drugs. Medical Review Officer (MRO) means a Licensed Physician, registered with the American Association of Medical Review Officers (wwmaamro.com), responsible for receiving laboratory results generated by BCRC's drug testing program who has knowledge of substance abuse disorders and who has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. N/AorNotAvailable means that an Employee is not available for work and is not currently compliant with this Policy when used with respect to the BCRC status of an Employee. (NOTE: An Employee can be N/A for several reasons, which may or may not include failing a drug or alcohol test.). 12 New Employee/Applicant means a person who has not been previously tested by BCRC and includes a person referred for pre -employment testing. NOF or Not on File means that an Employee is not currently entered into the BCRC database as an Employee eligible for and subject to the BCRC Policy when used with respect to the BCRC status of an Employee. (NOTE: An Employee can be NOF for several reasons, which may include failure to provide documentation that the Employee is eligible for and has agreed to be subject to the BCRC Policy.) Non -Compliant Event means any of the following - (a) a Positive Test for alcohol or drugs (which shall also include any Positive Tests that occur during any retesting), (b) an Insufficient Specimen if an appropriate medical professional determines that there is no legitimate medical reason for the Insufficient Specimen, (c) a Diluted Specimen if the Employee fails to provide a subsequent testing sample within the applicable time period specified in this Policy or a subsequent testing sample is also a Diluted Specimen, (d) an Adulterated Specimen, (e) a Substituted Specimen, (f) an Out -of - Temperature Specimen that is not promptly resolved by providing a compliant sample at the time that the specimen is obtained at the collection site, (g) any acts by an Employee that compromise the testing protocol (i.e., washes his/her hands, flushes the toilet, etc.) prior to being given direction from the collection professional, (h) a Refuse To Submit (to an alcohol or controlled substances test), (i) a failure to submit to Post-Accident/Incident Testing (which shall include a failure to test resulting from the Employee leaving the jobsite prior to such Post-Accident/Incident Testing), and 0) any other 13 act or omission by an Employee that BCRC determines, in BCRC's sole discretion, to constitute a substantial or willful non-compliance with the policies and/or procedures set forth in this Policy. • Non -Negative a urine specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s), and/or invalid. • Out -of -Temperature Specimen means a specimen that is below 900I' or above 1000I' at the time the specimen is obtained at the collection site. • Owner means a large business or firm that hires a "Contractor Participant" to perform work at their facility. • Owner Requested job -Site RandomTesting means a Northwest Indiana Business Roundtable Owner, which has been approved by the Board of Directors, and may require a random drug test be done at their facility. The Employee will test within one hour of notification of the random test. The test may be performed at the Owner's facility no more than monthly provided there is an approved BCRC Collection Site at the facility. • Positive Test (alcohol) occurs when an Employee's confirmatory test result reads 0.02 BrAC or higher. • Positive Test (drug) positive result.The result reported by an HHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations. • Post-Accident/IncidentTesting means drug and alcohol tests requested by an Employer following the occurrence of an accident and/or incident. 14 Probable Cause Testing may be required when a Supervisor observes and documents unusual behavior • Program Administrator means the individual who has administrative responsibilities for overseeing the drug and alcohol testing program for an Employer. The Program Administrator may serve as an Employer's DER. • ra a means all Employer -owned and/or leased property, including but not limited to owned and/or leased buildings and other real estate, parking lots and vehicles located on parking lots, and Employer -owned and/or leased vehicles, lockers, tools, equipment and desks. • Random Selection means a scientifically valid method for selection of Employees to be tested that result in an equal probability that any Employee from a group of Employees subject to the selection mechanism will be selected, and does not give an Employer discretion to waive the selection of any Employee under the mechanism. • Refuse To Submit (to an alcohol or controlled substances test) • Means that an Employee: 1. Fails(ed) to appear for any test (except a pre -employment test) within a reasonable time, as determined by the BCRC Policy, after being directed to do so by the BCRC Policy; 2. Pails(ed) to remain at the testing site until the testing process is complete (a walk out); 15 3. Fails(ed) to provide a urine specimen for any drug test required by this BCRC Policy; 4. In the case of a directly observed or monitored collection in a drug test, fads to permit the observation or monitoring of the Employee's provision of a specimen; 5. Fails(ed) to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no acceptable medical explanation for the failure; 6. Fails(ed) or declines to take a second test the Ern player or collector has directed the Employee to take; 7. Fails(ed) to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the policy. In the rase of a pre -employment drug test, the Employee is deemed to have refused to test on this basis only if the pre -employment test is conducted following a contingent offer of employment 8. Fails(ed) to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, provides incorrect or inaccurate information to the collection site or on necessary forms, or fails to complete all documents); 9. Provides a second (2) specimen that is dilute. 16 ReinstatementTest is the test allowed by BCRC, which must be consistent with the Policy, to reactivate an Employee who has been "archived" for sir (6) months or more. Rejected for testing the result reported by an HHS-certified laboratory when no tests are performed for a specimen because of a fatal flaw or a correctable flaw that is not corrected. Reporting Employee is an Employee who reports a work related injury or illness that was caused by and/ or relates to the accident and/or incident for which the post-accident/incident drug or alcohol testing is requested by the Employer. Observed Return to Du Test is required once an EAP evaluation has been completed and the counselor has set a date for the test, because of a non -negative (positive) test, missed random, walkout or refusal to submit as described in this policy. This test must be observed and taken within the time frame specified by the EAR If the return to duty test is not taken as directed by the EAP, the participant will be required to return to the EAR SAMHSA means Substance Abuse and Metal Health Services Administration is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation. Safe Site means a URL beginning with "https"which is a secure site for data transmission. • ScreeningTest(or initial test M • In drug testing, a test to eliminate "negative" urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs. • In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen. • ScreeningTestTechnician (STT) means a person who instructs and assists employees in the alcohol testing process and operates an Alcohol Screening Device (ASD). • Shipping Container means a container that is used for transporting and protecting urine specimen bottles and associated documents from the collection site to the laboratory. • Sr&cimen means a sample of urine, used for analysis and/or diagnosis. For the purpose of this policy; specimen is defined as urine. • Specimen Bottle means the bottle that, after being sealed and labeled according to the procedures in this policy, is used to hold the urine specimen during transportation to the laboratory. • Split Specimen means a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the Employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result. im Substituted Specimen means a specimen with creatinine and specific gravity values that are so diminished that they arc not consistent with human urine. Testing Levels means levels at or above when a specimen is determined to be positive, and below when a specimen is detemuned to be negative. Third PartyAdministrator ( PA) means an entity that provides or coordinates one or more drug and/or alcohol testing services to Employers. A TPA typically provides or coordinates the provision of a number of such services and performs administrative tasks concerning the operation of drug and alcohol testing programs for Employers. This term includes, but is not limited to, groups of Employers who join together to administer, as a single entity, the drug and alcohol testing programs of its Employees (e.g., having a combined random testing pool). Unauthorized Test means a drug and/or alcohol test that is: (a) not performed in accordance with the provisions of this Policy, and/or (b) not performed at the request (or direction) of BCRC. Such tests include retests initiated by an Employer and/or an Employee that are not performed at the request (or direction) of BCRC. Union means a Labor Organization that represents Employce(s) who are employed by a Company, or of a Contractor/Employer participant, who is a member of Building and Construction Resource Center, Inc. • Verified Test means a drug test result or validity testing result from a HHS-certified laboratory that has undergone review and final determination by the MRO. 19 DRUG TESTING BCRC will provide an identification card to each participant which will reflect the results of the Drug &Alcohol Screen Test from the laboratory and/or as verified by the Medical Review Officer (MRO). To implement an appropriate and acceptable program, BCRC has adopted six (6) safeguards that reflect the standards established by the Drug and Alcohol Testing Industry Association (DATIA), U.S. Department of Health and Human Services (HHS) Substance Abuse and Mental Health Services Administration (SAMHSA) for testing mandated by the U.S. Department ofTransportation. 'Those safeguards are as follows: 1. The integrity of collected urine specimens will be ensured by utilization of one collection procedure at all sites. Samples will be collected in accordance with federal standards that provide for a continuous Custody and Control Form and which recognize privacy concerns regarding the individuals being tested. 2. Testing will be conducted only by accredited labs that have obtained and retain HHS/SAMHSA certification. 3. All specimens that are positive in an initial screen must then be confirmed by gas chromatography/mass spectrometry (GC/MS). 4. A Medical Review Officer (MRO) will review all non -negative (positive) drug tests in order to verify positive test results. The MRO is a physician with specialty training and expertise in substance abuse and drug testing. The MRO will review lab -confirmed positive test results to ensure proper procedure, protocol, and reporting. The IVIRO will make two (2) documented attempts, within twenty-four (24) hours of receiving the confirmed positive test result, to interview the individual who has a confirmed positive m test result by telephone to investigate whether a legal prescription (or other legitimate medical reason) has caused the specimen to test positive. If the individual does not consult with the MRO and provide the necessary information within forty-eight (48) hours of being contacted by the MRO (delays in responding caused by verifiable emergency or medical issues will be given consideration for exception) or he/she has no legal prescription, the MRO will take appropriate steps to report a verified positive to the BCRC Program Administrator, who will then invalidate the Employee's certification card. All persons who have tested positive must have their return to work cleared by the EAR. 5. All non -negative (positive) specimens will be retained frozen in a locked facility at the testing laboratory for one (1) year. The retained specimens will be available should the results of the initial test be disputed or should arbitration or litigation arise out of the actions taken because of the test results. 21 DRUG GROUP The BCRC drug -testing program will test for the following drugs at these levels: Drug Class Initial Test Confirmatory Level Test Level AMPHETAMINES 500 ng/mL Amphetamine 250 ng/mL Methamphetamine 250 ng/mL BARBITURATES 300 ng/mL Amobarbital 200 ng/mL Butalbital 200 ng/mL Pentobarbital 200 ng/mL Phenobarbital 200 ng/mL Secobarbital 200 ng/mL BENZODIAZEPINES 300 ng/mL Alprazolam Metabolite 200 ng/mL Oxazepam 200 ng/mL COCAINE METABOLITES 150 ng/mL 100 ng/mL MARIJUANAMETABOUTES 50 ng/mL 15 ng/mL METHADONE 300 ng/mL 200ng/mL METHAQUALONE 300 ng/mL 200 ng/mL MDA-ANALOGUES 500 ng/mL MDA 250 ng/mL MDMA 250 ng/mL OPIATES 2000 ng/mL Morphine 2000 ng/mL Codeine 2000 ng/mL OPIATES (SEMI -SYNTHETIC) 300 ng/mL Hydromorphone 100 ng/mL Hydmcodone 100 ng/mL 6-ACETYLMORPHINE 10 ng/mL 10 ng/mL OXYCODONES 100 ng/mL Oxymorphone 100 ng/mL Oxycodone 100 ng/mL PHENCYCLIDINE 25 ng/mL 25 ng/mL PROPDXYPHENE 300 ng/mL 200 ng/mL W4 ALCOHOLTESTING 1. Alcohol tests (screening and confirmatory) will be performed on a device that appears on the National HighwayTraffic Safety Administration's (NHTSA) Conforming Products List (CPL) and that meets the DDT's testing requirements. 2. When a specific time for an Employee's test has been scheduled, and the Employee does not appear at the collection site at the scheduled time, the Breath Alcohol Technician (BAT) will contact the Designated Employer Representative (DER), who may determine that the Employee has refused to be tested. 3. For alcohol testing (screening and confirmatory), a breath sample will be collected and analyzed by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing device (EBT). For the screening test, a breath sample may be collected by the Screening Test Technician (STT), using an Alcohol Screening Device (ASD). 4. If the result of the screening test indicates an alcohol concentration of 0.02 or greater, a Breath Alcohol Technician (BAT) will perform a confirmatory test, no less than fifteen (15) and no more than thirty (30) minutes after the completion of the screening test. 5. If the confirmatory test is positive (0.02 and above, BrAC), the Breath Alcohol Technician (BAT) shall immediately notify the BCRC/Employer's DER. 6. Results of additional tests arranged by an Employee, or requested by a medical practitioner, will not be considered. This includes testing of blood samples, hair samples, DNA, or any other testing methods or protocols. 23 PAYMENT FORTESTING Costs related to an Authorized Test will be paid by BCRC, except for the following tests: a. D.O.T.pre-employment testing, b. D.O.T. Return to Duty Testing c. D.O.T. Follow Up Testing d. Industrial cleaning pre -employment testing, e. Industrial cleaning re -instatement testing, f. Pre-screening testing of applicants for an apprenticeship program g. The following testing for a New Employee/Applicant whose initial drug test is confirmed as a Positive Test: (1) Any follow-up testing required by the EAP (2) Any return -to -duty testing (3) Any subsequent testing required by the EAP h. Any other types of testing that BCRC determines, in its sole discretion, should be paid in a different manner and/or by a person (or entity) other than BCRC. All costs related to an Unauthorized Test and all costs for re -testing of disputed test results by an Employee will be paid by the Employer or Employee who initiated such test. The costs to be paid by the Employer or Employee for such tests will be determined by BCRC, in BCRC's sole discretion, and shall be subject to change. BCRC shall also have the right to terminate and/or restrict the Card Manager privileges, e-mail status confirmation system access, and any other access to information contained in any BCRC database for any Employer who fails to comply with this Agreement, the BCRC Policy, or any payment obligations to BCRC. If an Employee fails to pay for any testing costs and/or other costs for which the Employee is responsible under this BCRC Policy, 24 then the BCRC status of such Employee shall be listed as "N/A" unless and until the Employee fully pays all such costs for which the Employee is responsible under this BCRC Policy. The policies for payment for the Employee's time for testing are: 1. For new or current union members or Employees seeking an initial test, the test is a condition of employment, and Employees in the BCRC Policy will not be paid for their time in providing a specimen for the initial test. 2. All current Employees who are to test for any of the following reasons: late/missed random, probable cause, post -accident, diluted re -test, return -to -duty, or follow-up testing, reinstatement test, or retest due to a flawed or rejected test, will not be paid for their time in providing a specimen for the test. 3. Employees will only be paid a stipend by BCRC for submitting to subsequent random testing. (a) required by the BCRC Policy (see attachments A thru D) (b) in response to notification (by email, US. Mail or text message) from the BCRC Office (c) for which the Employee submits within seven (7) calendar days including the day BCRC gives notification for such random testing. It is understood that all testing will occur on the Employee's time. The Employee must submit for such testing within seven (7) calendar days including the day BCRC gives notification for such random testing. NO EXCEPTIONS! 4. All checks issued for such stipends must be cashed within ninety (90) calendar days from the date of the check. If an Employee does not cash a stipend check within ninety (90) calendar days from the date of the check, the Employee forfeits his/her right to such 25 stipend, and such stipend check shall be void and shall not be reissued under any circumstances or for any reason. 5. D.O.T., Non -Bargaining, Industrial Sector, Slag, and Pipe Fitter's Local #597 Employees are exempt from the stipend reimbursement. INITIA.LTESTING (PRE -EMPLOYMENT) Prospective Employees and current Employees of BCRC affiliated Employers and Unions will be subject to the BCRC program. All persons who are eligible and who intend to obtain a BCRC card will be instructed to report to an approved BCRC collection site and to provide a urine specimen for initial (pre -employment) testing and a dear status before starting work for any participating Employer. The individual will be directed by BCRC or by their Employer, to report to a BCRC approved collection site location. These selected collection sites will have collection kits, Custody and Control Forms, and all other necessary supplies. RANDOMTESTING After the individual's completion of the initial drug test (with a negative result), he/she will be placed in the Random Pool after which he/she will be notified via US. mail to report to an approved collection site for a random drug test. The individuals chosen for a random drug test will be selected anonymously, from a computerized selection program. Fifty percent (50%) of the currently active BCRC individual cardholders will be selected annually for random testing. Then, on a monthly basis, one -twelfth (1/12) of the selected Employees will be notified to submit to a random test in order to update their BCRC identification cards and status. A copy of the form letters 26 notifying individuals of their selection for this random test appears as an attachment A, B, C & D at the back of this booklet. Employees will be required to report to an approved collection site within seven (7) days from the date of the Notice for Random Testing letter in order to maintain their BCRC identification card and status. No Employee will be required to submit to a random test more than twice (2) in a twelve (12) month period. Unless chosen for an on -site random. Employees can be chosen for an on -site random every month. All Employees will be selected for random testing at least once (1) every two (2) years. If an Employee does not provide a sample at an approved collection site within seven (7) calendar days of BCRC issuing the notification of a random selection, his/her status in the BCRC Substance Abuse Program will be deemed "Not Available." Employees who fail to report for a random test in the required time forfeit their stipend and should contact the BCRC office. If an Employee does not report for a random test, and it is the first (1) time the Employee has failed to report, the TPA may allow the Employee to take the test without reporting to the EAP for further review. Employees may choose to take a "First Occurrence Clause" at this time. Employees may utilize this clause only one (1) time. However, once this "First Occurrence Clause" has been utilized, an Employee who fails to report for a random test at any time in the future will be required to contact the EAP for evaluation and to receive instructions on the required procedures) for removing the "Not Available" status from his/her card. OWNER REQUESTED ON -SITE RANDOMTESTING An owner may request that an "On -site Random Selection"be done at their facility. An Owner's request must be approved by the BCRC Board of Directors and an addendum must be executed by both parties before the Owner is eligible to do such testing. Each Contractor or Owner will submit a list of Employees working 27 on -site that day or has access to the Owners' facility to the BCRC "Safe Site". The BCRC will then generate a random selection of the submitted pool and return the selections to the appropriate party. This random maybe done on a monthly basis. These On -Site Random Selections shall include only those Employees submitted. Any confirmed non -negative (positive) test at these facilities will require an EAP evaluation prior to returning to work. The testing will be consistent with the Addendum contained herein as Attachment III. PROBABLE CAUSETESTING An Employee may be subject to Probable Cause Testing based on observed and documented unusual behavior. Circumstances sufficient to lead a reasonable person to suspect that an Employee is under the influence of drugs or alcohol, or is in possession of, a controlled substance shall be determined by an immediate supervisor and should be confirmed by one other supervisor whenever possible. The immediate supervisor shall document, in writing, the incident and the probable cause basis for such testing. The documentation shall specifically detail the behavior and conduct of the Employee, the location, date, time, of observation, conversations, witnesses (if any), and should be signed by the supervisor who witnessed the incident. Such Employees may request that a Union Representative be available or present prior to any action taken by an Employer, if any, at any stage of the policy and its administration. There is no stipend for these tests. By referring an Employee for Probable Cause Testing, the Employer represents to BCRC that the Employer has complied with these policies and procedures and any other policies and procedures required by law. BCRC has no obligation to determine or confirm that that Employer has complied with such policies and procedures. RE POST ACCIDENT / INCIDENTTESTIN An Employer may require an Employee to submit to Post-Accident/Incident Testing after the involvement in, or cause of an accident/incident, that causes injury to the Employee or another person The Employer may also require an Employee to submit to Post-Accident/Incident Testing when the Employee is involved in, or causes an accident and/or incident, which results in damage or destruction to property. Post-Accident/Incident Testing must be both a Breath Alcohol Test (BAT) and Urine Drug Screen (UDS), and must be completed within two (2) hours of the recorded accidentlincident if a BCRC testing facility is located on the job site, or within four (4) hours of the recorded accidentrncident if an Employee is required to go off the job site to a BCRC testing facility. Any Employee suspected of unnecessarily delaying the testing process will be considered to have refused to submit to testing. If an Employee leaves the jobsite prior to submitting to Post-Accident/Incident Testing requested by the Employer, then the Employee will be considered to have refused to submit to testing, provided, however, this provision shall not apply if the Employee leaves the jobsite for the purpose of obtaining emergency medical treatment for the Employee or with the express authorization of the Employer, and the Employee submits to such Post-Accident/Incident Testing as soon as reasonably possible under the circumstances. In instances of Post-Accident/Incident Testing or Probable Cause Testing, the Employee will be transported to the testing facility by the Employer. At the option of the Employer, the Employee may be suspended pending the test result. In the event a negative test result is reported, the Employee shall be compensated for all lost time at the appropriate rate within the Collective Bargaining Agreement, straight or premium pay. When an Employee is injured in an accident and/or incident, priority must be given to the Employee's medical treatment before 29 any consideration is given to collecting a specimen for drug and alcohol testing. Such Employees may request that a Union Representative be available or present prior to any action taken by an Employer, if any, at any stage of the policy and its administration. If an Employee is aggrieved by any action taken under this BCRC Drug and Alcohol Policy and his/her com- plaint cannot be resolved, the complaint may, if the Employee or Union requests, be referred as grievance under the grievance and arbitration provisions of the Employee's collective bargaining agreement. In the event the matter is referred to arbitration, the arbitrator shall be bound substantively by the provision of this BCRC Drug and Alcohol Policy:There is no stipend for these tests. The following provisions apply to any Post-Accident/Incident Testing of a Reporting Employee, and shall limit and take precedence over any other provisions of this BCRC Policy relating to Post-Accident/Incident Testing. An Employer shall not refer a Reporting Employee for Post-Accident/Incident Testing unless the Employer has a reasonable basis for believing that drug or alcohol use by the Reporting Employee could have contributed to the injury or illness. The Employer shall consider the following factors in determining whether or not the Employer has a reasonable basis for believing that drug or alcohol use by the Reporting Employee could have contributed to the injury or illness: (1) Whether drug or alcohol use could have contributed to the injury or illness; (2) Whether the Employer is also requesting that other employees involved in the accident/incident be tested; (3) Whether the Employer has a heightened interest in determining if drug and/or alcohol use could have contributed to the injury or illness due to the hazardousness of the work being performed when the injury or illness occurred; and (4) All other relevant factors. 30 By referring an Employee for Post-Accident/Incident Testing, the Employer represents to BCRC that the Employer has complied with these policies and procedures and any other policies and procedures required by law. BCRC has no obligation to determine or confirm that that Employer has complied with such policies and procedures. RAPID TEST PROHIBITED A Rapid Test/Point of Collection Test shall not be used for any drug and alcohol testing performed for the BCRC Policy. "EMERGENCY" WORK A8 IGNMENTS To accommodate Owners with emergency work, craft personnel who have not previously held a BCRC identification card, or taken an initial drug test, the following provisions will apply when starting for emergency work assignments: 1. Upon arrival at a job location for sign-up, the Designated Employer Representative (Card Manager) shall request the Employee to present his/her BCRC identification card. 2. An individual who does not have a BCRC card at the time of hire will be requested to secure a card and submit to an initial drug test within one (1) day, in order to comply with the BCRC Policy. I An Employee 'vvithout a BCRC identification card may work one (1) day. On the second (2nd) day, a Custody & Control Form (as proof of having submitted to a drug test) or a BCRC card must be presented. 31 4. An Employee who has provided a specimen for testing must bring to the job site his/her copy of the Custody & Control Form, given to him/her by the collection site, as proof that he/she has submitted to an initial test. 5. If the work assignments are consecutive, the Employee will be allowed to work for up to a maximum of four (4) days in order for the Employee to receive his BCRC identification card and have the Employers Card Manager verify the Employee's status. If the Employee's work assignment is terminated by his/her Employer before the Employee's status is verified within the allowable four (4) days for verification, and the individual is rehired, the Employee will have to provide the same Employer a BCRC identification card at the second (2nd) rehiring sign up, and a clear status. Except in the event that the rehire is less than four (4) days from the initial hire date, the individual, Local and Non -Local, BCRC card holder shall accept and understand that should his/her drug test results be reported as positive, he/she will be subject to disciplinary action up to and including termination without obligation for further compensation by the BCRC affiliated Employer. Such termination shall also be subject to the individual's rights under his/her Collective Bargaining Agreement. Employees will be required to give their BCRC Identification Card Number to their Employer's Card Manager in order for the Card Manager to access the e-mail status confirmation system. Inquiries to the status confirmation system will provide the date of the Employee's last test and one (1) of the following BCRC status indicators: 32 • NOF meaning "Not on File" • N/A meaning "Not Available" • CL meaning "Clear" Employees can also access their own status and update contact information through the membership portal under the "Member Utilities"tab on the wwwbcrcnet.com homepage. TATUS CONFIRMATION An Employer may verify the status of all BCRC Employees who are current Employees of the Employer (or persons offered immediate employment by the Employer subject to BCRC employment eligibility verification). This includes any former Employees who have been recalled for immediate re-employment by the Employer and any persons who were referred to the Employer by a participating Union for immediate employment, subject to BCRC employment eligibility verification. However, an Employer is not permitted to access any information from the BCRC database for any individual who is not a current Employee of the Employer (or a person offered immediate employment by the Employer subject to BCRC employment eligibility verification). The Employer is required to obtain appropriate written consent from its Employees to access any information about such Employees from the BCRC database, and is required to comply with all provisions of this BCRC Policy regarding access to such information. Such access can be obtained by having their card status verified on their job site in order to determine if the Employee is available or not available under the BCRC program. The Employer may also use the e-mail procedures for verification. An Employer who accesses any information from the BCRC database concerning an individual who is not a current Employee of the Employer (or a person offered immediate employment by 33 the Employer subject to BCRC employment eligibility verification) violates the BCRC Policy and is subject to appropriate sanctions for such unauthorized use of the BCRC database. Such sanctions may include terminating, or at least limiting, the access of such Employers to information in the BCRC database. When an Employee's status is Not Available (N/A), he/she will be advised to contact the BCRC office to resolve the N/A status. The individual may be required to follow the protocol for a non -negative (positive) test as prescribed in the BCRC Policy. The Employer may verify the Employee's card after four (4) days to reconfirm the status and if the Employee's status is still N/A, the Employer may terminate the Employee. Said Employee will be referred to the Employee Assistance Program for assessment and will be required to follow the recommendations of the EAP Counselor before being considered for fiuther assignments. The status of Clear (CL) will be restored only with written approval of the EAR This procedure will protect the Employee's confidentiality and allow the Employer to audit the status of his/her Employees, which may be required by the owner to be submitted monthly. REPORTING OFTEST RESULTS For all D.O.T. testing, all test results shall be reported to the Employer and to any other persons and/or entities required by applicable law and/or regulations. For all On -Site Random Testing performed pursuant to a BCRC Onsite Substance Abuse Testing Addendum or other testing agreements with owners, BCRC shall report test results in accordance with the provisions of such Addenda and/or Agreements. For all Post -Accident/ Incident Testing and all Probable Cause Testing, BCRC has the right to provide all test results to the Employer that requested such testing. 34 INSUITICIENT SPECIMEN An Employee who provides an insufficient specimen of urine or breath when required to do so shall be referred to an appropriate medical professional for evaluation at the participant's expense. If the medical evaluation fails to reveal an acceptable medical explanation for the inability to provide a specimen, the donor shall be considered to have refused to test and shall be subject to the rules as outlined in this policy. If a legitimate medical reason is revealed, no action shall be taken. DILUTE SPECIMEN An Employee providing a Dilute Specimen will be given the opportunity to return to a collection site within forty-eight (48) hours to provide a second (2nd) specimen, on his/her own time. This second specimen shall be given pursuant to observed collection protocol and procedures. Employees should refrain from excessive consumption of fluids prior to the retest. No adverse action shall be taken against any Employee based on a first (1) Dilute Specimen, unless the Dilute Specimen is confirmed to be a Positive Test or the Employee fails to provide the second (2nd) specimen in compliance with the forty-eight (48) hour time period and procedures set forth herein. A second (2nd) diluted specimen, without a valid medical reason, will be treated as a refusal to submit to testing and a Non -Compliant Event, regardless of the test results. ADULTERATED, SUBSTITUTED AND/OR OUT -OF -TEMPERATURE RANGE SPECIMEN When a urine specimen is reported as adulterated, substituted, out of temperature (meaning the specimen is below 900E or above 1000F) or the Employee compromises the testing protocol 35 (i.e., washes his/her hands, flushes the toilet, etc.) prior to being given direction from the collection professional, the Employee will be considered to have not cooperated with the testing process and the test will be considered a refusal to be tested. If the temperature is out of range, the Employee will be offered the opportunity to take an additional observed test prior to leaving the site. A refusal to submit to the subsequent test will be considered non-compliance and the Employee will be made "NIX and referred to the EAR In addition, the Employee who has refused to be tested, or who uses or possesses a counterfeit drug card, shall be subject to Employer discipline up to and including discharge, subject to the Unions' collective bargaining agreements. CONSEQUENCES FORANON-NEGATIVE (i.e., POSITIVE)TEST An Employee who tests non -negative (i.e., positive) for drugs shall be contacted directly by the Medical Review Officer (MRO). If the MRO verifies the results of the non -negative (positive) test, the MRO will notify the Employee that he or she is ineligible for work and he/she will be directed to contact the TPA -The BCRC will refer the Employee to the program's Employee Assistance Program (EAP) for consultation and review. If the MRO contacts the Employee and finds that there is a reason for the non -negative (positive) test (an authorized prescriptive medication) the MRO will downgrade the result to a negative, and the Employee's card will be marked "CU. 2. In the case of a confirmed non -negative (i.e., positive) drug or alcohol test, the TPA will be notified that the Employee's status should be marked "N/A". The "N/A" status will be effective at the moment that a confirmed non -negative (i.e.., positive) test is received. 36 3. Before returning to work, an Employee must: • (1) Complete an evaluation with the programs Employee Assistance Program provided by the BCRC EAP Provider • (2) follow a treatment plan prescribed by the programs EAP • (3) Obtain written documentation from the programs EAP verifying return -to -duty date. • (4) Obtain a negative result on a Return to Duty Test."Ihe specimen for all Return to DutyTests shall be given pursuant to observed collection protocol and procedures. 4. AWN status will not be the sole basis for termination of employment. An Employee must contact the BCRC office to resolve an "N/A" status. Only Employees who are in non-compliance with this BCRC Policy may be discharged. For the purposes of this provision, "non-compliance" shall mean one or more of the following. • Failure to report to the programs Employee Assistance Program as directed, • Failure to follow and/or complete a EAP-prescribed treatment program, • Failure to take an observed return -to -duty or an observed follow-up test, • Failure to report for a random test request within seven (7) days, or 37 • Failure to submit to a drug or alcohol test when requested to do so by the EAR 5. A New Employee/Applicant whose initial drug or alcohol test is confirmed as a Positive Test shall pay all costs for: • Any follow-up testing required by the EAP • Any return -to -duty testing Any subsequent testing required by the EAR ADDITIONAL CONSEOLM'NCES FOR MULTIPLE NON -COMPLIANT EVENTS If any Employee has three (3) or more Non -Compliant Events within a twelve (12) consecutive month (rolling) period, the Employee shall not be permitted to take a Return -to -Duty Test until one (1) year after the most recent Non -Compliant Event within such twelve (12) consecutive month period and the Employee' BCRC Substance Abuse Card and status shall be N/A for the same time period. In addition, such Employee must complete an EAP-prescribed treatment program before returning to work. BCRC also performs on -site random testing pursuant to the BCRC Onsite Substance Abuse Testing Addendum. The policies set forth in such Addendum (and/or other testing agreements with Owners) also impose additional consequences for Positive Tests and/or other Non -Compliant Events. Such additional consequences generally apply at the specific plants and locations covered by such Addenda (and/or other testing agreements with owners) and are in addition to any additional consequences set forth in this BCRC Policy. OBSERVED RETURN-TO-DUTYTESTIN The Return to Duty test is required for an Employee to be reinstated into the BCRC program following a positive test, missed random, walkout, or refusal to submit as described in this BCRC Policy.The participant must have a negative drug test before resuming performance of his/her job duties. This test may not be taken until the Counselor has set a date for the test. The specimen for all Return to DutyTests shall be given pursuant to observed collection protocol and procedures. OBSERVED FOLLOW TESTING Follow-up testing for drugs and/or alcohol is a requirement in order for a returning Employee to stay in compliance with the BCRC Program. Testing shall be determined by the Employee Assistance Counselor, and will be implemented and monitored by the TPA (BCRC) when the Employee returns to work. Follow-up tests must be taken within forty-eight (48) hours from the time when the TPA attempts to contact or contacts the Employee, or the Employee will be considered non -compliant, made "N/A", and returned to the EAP for further evaluation. A New Employee/Applicant whose initial drug or alcohol test is confirmed as a Positive Test shall pay all costs for such follow-up testing required by the EAP and any subsequent testing required by the EAR The specimen for all Follow -Up Testing shall be given pursuant to observed collection protocol and procedures. DISPUTED POSITIVE RESULTS An Employee who disputes non -negative (positive) results shall have the right to have his/her initial sample independently re -tested by a Department of Health and Human Services (HHS) certified laboratory of his/her choice, at his/her own expense only when a money order, travelers check or cash is received by BCRC will testing begin, within ten (10) working days of when he/she was notified of the test results. A portion of the initial sample (or split specimen) shall be forwarded under a Custody and Control Form directly by BCRC's testing laboratory to the HHS laboratory selected by the Employee. Review of the drug test result must be performed by a qualified MRO who has been approved by BCRC. If the second lab report shows the presence of a controlled substance, the test result will be considered non -negative (positive). If the second lab report test indicates no presence of a controlled substance, then both tests will be considered negative. 'Ihe following section only applies when the Employee tests due to Post-Accident/Incident Testing or Probable Cause Testing. If the test is negative, the affiliated Employer will reimburse the Employee for compensation lost at the appropriate rate within the Collective Bargaining Agreement, straight or premium pay, during the period of his/her disciplinary suspension or termination and will reimburse the Employee for the cost of the retest. An Employee, whose test results are verified non -negative (positive) by the MRO, will be referred to the EAP by the TPA (BCRC).'Ihe Employee is expected to attend all appointments with the EAP Counselor, and to follow the Counselor's recommendations and requirements. A non -negative (positive) alcohol test conducted on a breath sample cannot be re -tested. All problem situations shall be resolved in accordance with current guidelines and standards established by the U.S. HHS/SAMHSA or U.S. Department of Transportation. APPEALS AND PROTECTION /LUST CAUSE Employees who are subject to this BCRC Policy continue to have access to the usual protections provided as a part of their 40 Union membership and/or as members of bargaining units covered by Collective Bargaining Agreements. Such Employees may request that a Union Representative be available or present prior to any action taken by an Employer, if any, at any stage of the policy and its administration. If an Employee is aggrieved by any action taken under this BCRC Drug and Alcohol Policy and his/her complaint cannot be resolved, the complaint may, if the Employee or Union requests, be referred as a grievance under the grievance and arbitration provisions of the Employee's Collective Bargaining Agreement. In the event the matter is referred to arbitration, the arbitrator shall be bound substantively by the provisions of this BCRC Drug and Alcohol Policy. ILLINOIS--DRUG FREE WORKPLACE ACT" 30 ILCS 580 When working on public projects in the State of Illinois, Employers must comply with the Illinois Drug Free Workplace Act. This Act requires Employers to certify that it provides a drug free workplace by complying with certain steps. Fast, the Employer must publish a statement to its Employees notifying them that as a condition of employment, drug possession, use, etc. is prohibited at work and specify the actions taken if this is violated. Second, Employers must provide each Emploppec working in Illinois a copy of this published statement. Ihird, Illinois requires Employers to provide a drug free awareness program to inform Employees about drug abuse, the Employee's drug free policy, the availability of drug assistance programs, and penalties for drug violations. If the Employer receives notice of an Employee's criminal drug conviction, the Employer must notify the Illinois agency in the contract within ten (10) days. Finally, if an Employee violates the drug free policy, an Employer has thirty (30) days to take action against the Employee, up to and including termination or requires the Employee to satisfactorily participate in an approved drug abuse assistance program. m If the Employer fails to follow the Drug Free Workplace Act provisions, the Illinois agency in the contract may suspend or terminate the contract. If the violation is serious, the Illinois agency may recommend debarment, which makes the Employer ineligible to be awarded any contract or grant by the State of Illinois for one to five (1-5) years. For £artier reference, the Drug Free Workplace Act may be found at 30 ILCS 580; http✓/www.ilga.gov/lcgislation/iilcs/gcs3.asp?Ac- tID=551&.ChapterID=7. ILLINOIS'SUBSTANCE ABUSE PREVENTION PROGRAMS REQUIRED- —820ILCS 265/15 Employers who work on public works projects in Illinois must have a written substance abuse prevention program that meets or exceeds the following requirements: (1) at least a 9 panel urine drug test plus a test for alcohol (NOTE: blood testing may only be used in post -accident tests); (2) a list of prohibited actions and conditions listed below; (3) Employees must submit to pre -hire, random, reasonable suspicion, and post -accident drug and alcohol testing before the project begins, but not required for an Employee who has been participating in a random testing program during the 90 days preceding the date on which the Employee commenced work on the project; and (4) a procedure for notifying the Employee of any violations or refusal to submit to a drug test. The prohibited Employee actions include using, possessing, distributing, delivering, or being under the influence of a drug or alcohol while performing work on a public works project. Any Employee with a Blood Alcohol Content at or above 0.02 is considered to be under the influence. This written program must be filed with the Illinois agency and made publicly available. Any Employee who violates the drug policy, tests positive for drugs, or refuses to submit to a drug test may not work on a public works project until the Employee satisfies the following conditions: (1) the Employee has tested negative for presence of drugs and is not under the influence of alcohol; (2) the Employee has been approved to return to work in accordance with the Employer's written substance abuse prevention program; and (3) the testing for drugs and alcohol was conducted in accordance with laboratory testing and Chain of Custody procedures as required by the U.S. Department of Health and Human Services. Upon meeting these conditions, an Employee may return to work if qualified work remains. ror further reference, the Substance Abuse Prevention Program Requirements maybe found at 820 ILCS 265/10, 820 ILCS 265/15, and 820 ILCS 265/20; available at httplhvww.ilga.gov/ legislation/ilcs/ilcs3.asp?ActID=2950&ChapterID=68 43 Attachment A— General Trades: BCRC LETI'ER HEAD Letter of Notice for RandomTesting FMI You have been selected by BCRC's computer generated random selection to take a random drug test for BCRC. You must be tested no later than midnight (day) of (Month), 20 .Our computer program selects the names of BCRC cardholders for a random each month. You can be sdcctcd up to tMce in a twelve month period. In order ro stay in compliance with BCRC and possess a dear (CL) BCRC card status you will be required to report to an approvtd collection site within scorn (7) days from the date on this "Notice of Random Testing"letter (the dart on this letter is included in the seven days). Pkase �2rify that the BCRC cod number in the upper right hand comer of this notice matcha your BCRC card number. If it does not match }our BCRC card numbe ,please nottfyo. office immediately! 'Ihis random testis to betaken on your ovvn time at any of the BCRC approved collection sites identified on the enclosed collection site list You will be mailed a $30.00 stipend for the time necessary to scout random testing only ifyour test is taken within the allotted seven (7) days of this notice. NO EXCEPTIONS! Failure to take your tar by the date outlined above will result in your BCRC card status being deemed "Not Available" (N/A) and willr�qu�rrc that you contact the BCRC office for instructions on the required procedures) for cotrecdn the"N/A status. In the event you are taking prescribed medication(s), DO NO1 take them to the collection site. You will be contacted by our Medical Review Office (MRO), who till need }ourprescription information for the verification process. Please provide a legible and accurate tdcphoac number on all forms at the collection site. Remember, it is your responsibility to keep your contact information current with BCRC. You can do so through the "Members Utilities" sea= portal on the BCRC wcbsitc at www.bacnctcom or by calling the BCRC office at the numbers listed below. Questions, contact the BCRC office 0 219-764-9500 or toll fiee 0 877-988-5400. 'Ihankyou for}ourcooperadom Sincerely, Tish Roach Executive Director As a member of BCRC, you and your family have access to Perspectives, a fully indcprndcn, professional Em loycc Assistance Program (EAP). Pcrspcctivts twcn -four (24) hour, seven (%) days a week hotline number is (800) 456-6327. All calls to Perspectives are confidential 44 Attachment B — Non -Bargaining: BCRC LETTER HEAD Letter of Notice for RandomTes ft Dear You have been selected by BCRCs computer generated random selection to take a random drug test for BCRC. You must be tested no later than midnight (day) of (Month), 20 .Our computer program selects the names of BCRC earrlholders for a random each month. You can be selected up to uvice in a twelve month period. In order to stay in compliance with BCRC and possess a clear (CL) BCRC card status you will be required to report to an approved collection site within seven (7) days from the date on this "Notice of Random Testing"Iota (the date on this letter is included in the sessn days) Please verify that the BCRC card number in the upper right hand comer of this notice matcher your BCRC card number, If it does not match your BCRC card number, please notify our office immediately! This random test is to be taken on your own time at any of the BCRC approved collection sites identified on the enclosed collection site list Pailure to take your test Vhe date outlined above will result in your BCRC cud status being deemed t otAvailable"(N/A) and will require that you contact the BCRC office for instructions on the required pmccdurc(s) for correcting the "N/A"status.In the event you are taking prescribed mcdication(s), DO NOT take them to the collection site. You vvill be contacted by our Medical Review Office (MRO),who will need your prescription information for the verification process. Please provide a legible and accurate telephone numbcr on all forms at the collection site Remember, it is your responsibility to keepp your contact information current with BCRC. You can do so through the "Members Utilities" scare ortal on the BCRC wcbsite at www.bacnctcom or by calling the BCRC office at the numbers listed below. Questions, contact the BCRC office @ 219-764-9500 or toll flee 0+ 877-998-5400. Thank you for)ourcooperation. Sincerely, 11sh Roach Executive Director As a member of BCRC,you and your family Lunt access to Perspectives, a filly independent pprofessional Em loyte Assistance Program (EAP). Perspectives rwrntyfour (24) hour, seven (/) days a week hotline number is (800) 456.6327. All calls to Perspectives are confidential 45 Attachment C — Pipe Fitters— Local1597. BCRC LETTER HEAD Letter ofNotice for RandomTesft You have been selected by BCRCs computer generated random selection to take a random drug test for BCRC. You must be tested no later than midnight (day) of (Month), 2C . Our computer program selects the names of BCRC cardholders for a random cash month. You can be selected up to twice in a twelve month period In order to stay in compliance with BCRC and possess a clear (CL) BCRC card status you will be required to report to an approved collection site within seven (7) days from the date on this 'Notice of Random Tcsting"letter (the date on this letter is included in the seven days) Please verify that the BCRC card number in the upper right hand comer of this notice matches your BCRC card number If it does not match your BCRC card number, please notify our office immediately! "This random test can betaken on your own time/taken on your Emplo}er/Contractor's time at any of the $CRC approved collection sits identified on the enclosed collection site list Failure to take your test by the date outlined above will result in your BCRC card status being domed "Not Availabic" (N/A) and will require thatyou contact the BCRC office for instructions on the required procedures) for correcting the 'N/A status. In the event you are taking prescribed medication(s), DO ISO"I take them to the collection site. You will be contacted by our Medical Review Office (h4RO),who will needyour prescription information for the verification process. Please provide a legible and accurate telephone number on all forms at the collection site. Remcmbc , it is your responsibility to keepp yyoour contact information current with BCRC. You can do so through the'b4cmbers Utilities* secure portal on the BCRC wcbsite at wwv.bcrcnct.com or by calling the BCRC office at the numbers listed below. Questions, contact the BCRC office 0 219-764-9500 or toll free Cr+ 877-988-5400. Thank you for your cooperation. Sincerely, Tish Roach Executive Director As a member of BCRC, you and your family have access to Perspectives, a fully independent, professional Emjj!toyec Assistance Program (EAP). Perspcctives twrnty four (24) hour, seven (7) days a w«k hotline number is (800) 456-6327. All calls to Perspectives are confidential. 46 Attachment D BUILDING AND CONSTRUCTION RESOURCE CENTER INC. AUTHORIZATION FOR CONSFNTTO DRUG AND ALCOHOL ANALYSIS &AUTHORIZATION FOR RELEASE OF RESULTS I, the undersigned, -do hereby authorize the testing of my bod} fluids for employment reasons and understand and agree that the results of any such testing will be turned over to the Building and Constructions Resource Center, Inc and, hather that the testing procedures will be limited to tests for prohibited and illegal drugs and commllai substances. 1 understand that the results of these tests may be used for employment and rl cU ' linary reasons and hereby authorize the release ofsuch information from the aboratory and MRO. I further certify that the urine specimen collected from me is mine and not adulterated or altered in any manner. I have been advised that matters affecting me relative to the interpretation or application of the Drug Policy and subject cxdusively to the grievance and arbitration procedure under my collectivc bargaining agreement (ifapplicable). Witness Datc emu Notary public Commission Expires Offidal Seal (Must be tmruized if NO ID) Signature ofApplicant/Employce Employees Scdzl Security Number Employees Telephone Number Employees Address City Statc & Zip Code 47 Attaclunent E B—CRCAPPLICANT/CARDHOLDERDRUGTESL' INFORMATIONAND INSTRUCTION SHEET BCRC is exercising extreme care to ensure that strict quality control measures are followed in the collection, handling, and analysis of your specimen. You play an important role in this process and should be certain that you have prodded an unadulterated specimen to the laboratory. Remember, you arc certifying that the specimen which you provide is yours and is unadulterated. Any adulteration or switching ofspccimcn is a breach of BCRCs rules and, ifyou arc employed, may subject you to discipline up to and including termination by your Employee For your awn protection and peace of mind, we ask that you: ProAde a picture identification to the collection site/technician at time ofarrival; Be escorted to a coRcction room and asked to provide an unadulterated specimen in the collection bottle provided. The bottle should be filled to 45 4- Return the specimen bottle to the medical technician and witness, initial and date the integrity seals placed on your specimen; Verify the proper spelling ofyour name as recorded on the log sheet; • Verify that your social security number has been properly recorded Verify that the social security number placed on your specimen bottle is the same as that recorded on the log shot and the Custody and Control Form. IIIAVE READTIIEABOVEAND IIAVETUD AN OPPORTUNITY TO ASK QUESTIONS REGARDINGTHIS PROCEDURE. BCRCApplieant/Cvdho1&rSigruture Due Attachment F BCRC On -site Substance Abuse Testing Addendum Effective 20 1) BCRC willcover all outside Contractors,7 non -bargaining personnel, and/or safety personnel working at heavy industrial Kcilities, light industrial facilities, health care facilities, and/or any public or private entity in Northwest Indiana for the purpose of substance testing, tracking and administration under the terms of this Addendum to the BCRC Policy Testing will include random on -site testing, Post-Accident/lncidcntTesting, Probablc Cause Testing and Follow -Up Testing when requinxl. 2) BCRC will identify to the Employer's and/or Otvner's Designated Employer Representative (DER) anyone that has a non -negative (positive) test t, mcluding tvallcouts or afusals to test, at the farilitics where this amendment is adopted. Said participant would be "Not Available" (N/A) for employment at that facility until the participant has contacted the EAP for evaluation and to receive instructions on how to resolve their "NIX status. If the result of the cipantIs Return to Duty testis negative and he/she is and continues to comp th all the follow up testing protocol as outlined in the BCRC Polity the partrcipant will be allowed to return to work BCRC will identify an)une that has tvvo confirmed non -negative (positive) tests, to include walkouts or refusal to tat, at this facility to the Employcrs/Owner's DER. 3)The Employer/Ovvncrwill provide BCRCwithalist or"pp0000l"from which random selections will be drawn.This fist will consist onk of Partidpatin ph 'call on the Owner's site on the day the random selection is nxlucstc, in tivill notify the Empl=v�/Owners DER or Cana Manager of the random testing selections. Upon noti tfcation the selected participant has one hour plus travel time to report ro an appproved BCRC testing facility. Notification will be k�reen during the same shift for which the pool was submittcd and a minimum of two hours pprior to the end of the participant's shift plus swipe time. Although no stipend will be paid, the test will count as a random tat in the normal BCRC Policy. 4 Employers and Owners will be assisrred a conic number for access to the BC C e-mail system for verification of availability of patticipants in their facility and internal auditing requirements. 5) Empplo)v:rs/Owners who require tests to be current within a specified time fiamc willbe obligated for the administration, implementation and cost of these tests since these tens arc not consistent with the BCRC Policy. Example: OwnrrA"rcquira that all Employ}ees have a drug sacen within the last one hundred eighty daps (180). Any Emplcyce that must tat to be in compliance can do so provided it is not a violation of the applicable Collective Bargaining Agrcemcnt.'Rds test will not be at the expense of BCRC. Crary Kcbcrt, President BCRC Kevin Roach, Secrctary BCRC Owner Representative Date 49 Building & Construction Resource Center, Inc. Board of Directors MANAGEMENT Gary Kebert, President NWI Contractors Association Bill Walton Jr., Treasurer Nat? Electrical Contractors Assoc. Rick Stovall, Finance Committee NWI Contractors Association Adam Vidimos, Finance Committee Northern in Sheet Metal Cont Assoc. Dewey Pearman CAF (At Large) Kelly Keough Plumbing & Piping Cont. Assoc. Bob Hoover Bricklayers Association Margie Hofmann NWI Contractors Association Tom Jarka NWI Contractors Association Larry Macuga NWI Contractors Association James Mitchell, Sr. Finishing Contractors Association Ted Vrehas NWI Contractors Association Pete Korellis Rooting Contractors Association Bill Hasse NWI ContractorsAssociation Kurt Schmiegel NWI Contractors Association UNION Mark McCleskey, Vice President Cement Finishers' Local 406 Kevin Roach, Secretary Laborers' Locat 41 Mike Stavitzke, Finance Committee INKY/OH Regional Council of Carpenters' Jeff Hamilton, Finance Committee Sheet Metal Workers' Local 20 Randy Palmateer Building Trades Council (At Large) Sal Espino Plumbers' Local 210 Jeremy Rivas Bricklayers' Local 4 Ryan Reithel IBEW Local Union 697 Ronald Ware, Jr. Ironworkers' Local 395 John Sorensen Operating Engineers' Local 150 Shawn Solner Painters' Local 460 Ted Bilski Teamsters' Local 142 Joe Pozzi Roofers' Local 26 Dennis Hahney Pipe Filers' Local 597 Brad Holzhauser Technical Engineers' Local 130 Tish Roach Executive Director 'OPerspective,5 (800) 456-6327 www.perspectivesltd.com Your Employee Assistance Program (EAP) txu u./ BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date October 5, 2020 Department Name Jacob M. Klosinski En2ineerin2/Utilities BPW Date October 13, 2020 Phone Extension Ext. 9496 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ❑ Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Clara McDaniels Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Reuirec or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ® Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Proj ect Name Project Number Funding Source Account No. Amount Terms of Contract Information Yes[_] If Yes, Approved by Purchasing No El MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No WWTP Masonry Improvements Gallery Buildings 1-4 120-03 6 Sewage Works Building Repair and Maintenance Account 641-06-605-514-436001 (PROJ00000217: PR-00003823) Purpose/Description The Division of Engineering and Division of Utilities requests the Board of Public Works open and receive bids for the subject project. Refer to Memorandum for project details (attached). For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Members of the Board of Public Works Clara McDaniels, Assistant City Attorney Public Works Linda M. Martin, Clerk FROM: Jacob M. Klosinski, P.E., Assistant City Engineer SUBJECT: 120-036 WWTP Masonry Improvements Gallery Buildings 1-4 (PROJ00000217; PR-00003823) Agenda Request - Bid Opening DATE: October 5, 2020 The Department of Public Works Division of Engineering and Division of Utilities request the Board of Public Works open and read bids for consideration for the subject project at its Regular Meeting on October 13, 2020. Background The existing Gallery Buildings 1, 2, 3, and 4 masonry has deteriorated since their original construction in 1954 (Gallery 1 and 2) and 1970 (Gallery 3 and 4). This project will address masonry deficiencies (cracks repairs, joint replacements, lintel restoration / replacement, window replacements, door replacements, and joint sealants necessary to secure the building envelope and reduce the entry of moisture and leakage into the buildings during rain events. Gallery 4 will also receive a new TPO membrane roof. Gallery 1, 2, and 3 roofs were replaced in 2013-14 and will not require any roof work during construction. In addition to the above scope of work, abandoned mechanical systems and equipment will be demolished as part of the renovation work. This work will follow the new motor control center installations for the WWTP Electrical Improvements project. DFO Project: PROJ00000217 DFO Purchase Requisition PR-00003823 Funding: Sewage Works Building Repair and Maintenance Account 641-06-605-514-436001. Bid Opening Date: October 13, 2020 Bid Award (tentative): October 27, 2020 For questions regarding the subject agenda request, contact Jacob M. Klosinski (Ext. 9496) at the Division of Engineering. 1316 COUNTY -CITY BUILD NG 221 W. JEFFERSON BOULEVARD SOUTH BEM}, INDIANA 46601.1830 PHONE 574/235-9251 FAX 574/235-9171 TDD 374/ 233-3367 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF Pi]BLIC WORKS Date: October 6, 2020 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number; I Project Name: WWTP Masonry Improvements Gallery Buildings 1-4 Project No.: 120-036 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 inFluded 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. latile Roofing and Sheet Metal Co., INC. Company: Authorized Signature:- 1 0/7/2020 Date: 1316 COUNTY -CITY 13UILDINO 227 W.JEFFERSON BOULEVARD SOuT14 SEND, ImANA 4660I-1830 PHONE 574l235-9251 FAX 5741235.9171 TDD 5741235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: October S, 2020 To: All Planholders From Linda M. Martin Cleric Hoard of Public Works Subject Addendum Number: 2 Project Name: WWTP Masonry improvements Gallery Buildings 14 Project No.: 120-036 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM 1 0/8/2020 Date Received: This addendum is being forwarded to you for the above referenced project. PIease sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9I71 within 48 hours of receipt. A copy MUST also be included With your bid package upon submittal. THIS ADDENDUM MAX AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: latile Roofing and Sheet Metal Co., INC. Authorized Signature: ^�Q Date:0/8/2020