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Home My WebLink AboutOpening of Bids - Roof Restoration & Replacement at S. Main St. Proj No. 119-084B - Midland Engineering Co., Inc.CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Roof Restoration and Replacement at 506 & 510 South Main Street Project No. For Bids Due 119-084B February 9, 2021 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of MBE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted X Form [MWBE-2.1]. X Acknowledge Receipt of NoneAddendum(s) included with the bid. Received X All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: Midland Engineering Company, Inc. Date: 2/9/21 By Authorized Representative: _? Signature: � on Print Name & Title: Michael W. Frahn, CPA - President/CEO/CFO CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT CONTRACTOR'S BID FOR PUBLIC WORKS - 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Roof Restoration and Replacement at 506 & 510 South Main Street Project No. 119-084B For Bids Due February 9, 2021 PART I (Must be completed for all bids. Please type or print) Date: 2/9/21 Bidder (Firm): Midland Engineering Company Inc. Address: 52369 State Road 933 North City/State/Zip: South Bend, IN 46637 Telephone Number: ( 574 ) 272-0200 Agent of Bidder (if Applicable): n/a Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: City of South Bend, Indiana Board of Public Works the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Alliance Architects and dated None Listed for the sum of (enter the Total Bid as shown on the Proposal) FOUR HUNDRED FORTY THOUSAND, ONE HUNDRED DOLLARS ($ 440,100.00 ) (Enter sum of Total Base Bid plus Alternates shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attzLQbme t. By / A.— (Signature) IVlichael W. Frahn, CPA - President/CEO/CFO (Printed Name of Person Signing) The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Member ACCEPTANCE day of Jordan V. Gathers, Member , Member Attest: Anne Fuchs, Clerk 20 CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT CONTRACTOR'S BID FOR PUBLIC WORKS - 2 PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT CONTRACTOR'S BID FOR PUBLIC WORKS - 3 When the prospective Contractor is unable to certify to any of the statements below, it shall attach ars explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: St. Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refi•ain 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 hran, 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 h•an; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT CONTRACTOR'S BID FOR PUBLIC WORKS - 4 Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E -Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E -Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E -Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT CONTRACTOR'S BID FOR PUBLIC WORKS - 5 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 9th day ofFLbruaKy, 20 21 Midland Engineering Company, Inc. Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Michael W. Frahn, CPA - President/CEO/CFO Printed Name and Title Subscribed and sworn to before me this 9th day of February , 20 21 My Commission Expires 6/27/27 Becky S. Archer Notary Public County of Residence CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT St. CONTRACTOR'S BID FOR PUBLIC WORKS - 6 Project Name: Project Number: For Bids Due: Contractor Name: BASE BID ,, �:pF�1S'H ltE�14 BID/PROPOSAL c CITY OF SOUTH BEND 1 Former Salvation Army Building Roof Repairs 119-084B February 9, 2021 Midland Engineering Company, Inc. Item Description Quantity Unit Unit Price Total Amount No. 1 Base Bid to cover two-story roof repairs 1 LSUM 352,800.00 352,800.00 BASE BID TOTAL 352,800.00 ALTERNATE #1 Item Description Quantity Unit Unit Price Total Amount No. 2 Alternate Bid to cover lower roof coating 1 LSUM 87,300.00 87,300.00 ALTERNATE #1 TOTAL 87,300.00 Bidder (Firm): Midland Engineering Company, Inc. Address: 52369 State Road 933 North City/State/Zip: South Bend, IN Telephone Number: ( 574 ) 272-0200 By (Signature) Michael W. Frahn, CPA - President/CEO/CFO (Printed Name of Person Signing) Version 01/13/2021 Contractor's Bid for Public Works - 7 ' �pl'� CH UF' �Y 11? CITY OF SOUTH BEND �' 7' MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-1.0� MWBE UTILIZATION PLAN ' This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MWBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications. Project Number: Bidder: 119-084B Project Name: Former Salvation Army Building Roof Repairs Midland Engineering Company Inc. Total Bid Amount: MWBE Goal: 2.7% Page of Name & Address of MWBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MWBE Component Percentage of Total Bid/Proposal JHM Roofing Company 1115 E. 9th Street Indianapolis, IN 46202 Jim Huntington 317-605-2789 Material Supplier $13,203.00 3% Submitted by: Michael W. Frahn, CPA Print Name President/CEO/CFO Signature Version 01/13/2021 Contractor's Bid for Public Works - 8 2/9/21 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN 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 MWBE participation. Project Number: 119-084B Date: 2/9/21 Project Name: Former Salvation Army Building Roof Repairs Bidder: Midland Engineering Company, Inc. Contact Person: Zachary Mahnesmith, Estimator/Sales Rep. Telephone: 574-272--0200 Address: 52369 State Road 933 North City: South Bend State: INZip: 46637 Email: zmahnesmith@midlandengineering.com To determine whether a bidder has demonstrated good faith efforts to reach the MWBE 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*: Version 01/13/2021 Contractor's Bid for Public Works - 9 EVIDENCE OF GOOD FAITH EFFORTS MWBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana X Department of Administration list of Minority and Women Owned Businesses (both certified and non - certified) found at: http://www.in.gov/idoa/. GOOD FAITH EFFORTS TO OBTAIN MWBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MWBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MWBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MWBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform MWBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MWBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MWBEs of subcontracting opportunities and allowed sufficient time for MWBEs to participate effectively. I affirm that I followed up on initial solicitations with interested MWBEs. I affirm that I negotiated with interested MWBEs in good faith, including providing such MWBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 01/13/2021 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS �`1�50lYffffff U�;''J 'v w PWE � �r • 4 iacs *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 01/13/2021 Contractor's Bid for Public Works - 10 I affirm that I have made good faith efforts to assist interested MWBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any MWBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MWBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 01/13/2021 Contractor's Bid for Public Works - 10 . Spu'I'H DF. CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-2.1 cars MWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MWBEs. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications. Attach additional pages if necessary. PAGE OF Project Number: 119-084B MWBE Participation Goal 2.7% Project Name: Former Salvation Army Building Roof Repairs Bidder:n Engineering Company, Inc. By: ;�ae)1�1,ratn_, TTA President/CEO/CFO 2/9/21 (Signature) (Title) (Date) MWBE Firm TMH Roofing Company Owner or Contact at MWBE Firm Jim Huntington Telephone: 317-605-2789 Fax: 317-685-8876 Email: jmh@jmhroofingcompany.com TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MWBE FIRM: Agreement Reached MWBE Firm Owner or Contact at MWBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MWBE FIRM: Version 01/13/2021 Contractor's Bid for Public Works - 11 City of South Bend, Indiana Contractor's Bid for Public Works — Part II February 9, 2021 Section I Experience Questionnaire 1. Projects completed one (1) year prior — see attached list. 2. Public works projects currently in process; New Intermediate School, Goshen, IN Cass County Sheriffs Addition, Logansport, IN 3. N/A — We have never failed to complete any work that has been awarded to us. 4. References from Private Firms — See Attached Section II Plan and Equipment Questionnaire 1. We pian to perform proposed work as per the plans and specifications. 2. Public Works Subcontractors — See Attached 3. We do intend to use subcontractors listed below — no bonds to be required, all equipment required per the plans and specifications; Dynamic Mechanical Services, Inc. — Plumbing/HVAC Located at 1606 Chestnut Street in Mishawaka, IN 46545 RK Hydro -Vac, Inc. — Ballast Removal Located at P. O. Box 915, Piqua, OH 45356 4. See Attached List 5. Yes Section III Contractor's Financial Statement Financial Statement has been included with our bid. cam former Salvation Army 506 & 510 S Main Parts III & 111 (2-9-21) MIDLAND ENGINEERING COMPANY JOBS COMPLETED IN 2020 December 2020 IN 17042 NOTRE DAME-ULRP PHASE I IN 18002 2016 DESIGN BUILD PROJECT IN 18009 HOSPICE PATIENT STAFF BUILDING IN 18011 ELKHART HEALTH/FITNESS/AQUATIC IN 18016 STONEWATER AT THE RIVERWALK IN 18036 THE RACLIN HOUSE (HOSPICE) IN 18061 GOSHEN HEALTH LOADING DOCK MI 18069 LAKE MICHIGAN COLLEGE - NAPIER IN 18070 PURDUE JISCHKE HALL PHASE II IN 18075 UNIFRAX - HI -BAY REROOF IN 18079 EDDY ST PHASE II, BLDGS A & C IN 18081 THREE TWENTY @ THE CASCADE IN 18086 BEACON GRANGER HOSPITAL MI 18087 POKAGON JUSTICE/POLICE 7.5 MEM IN 18089 NOTRE DAME - CORBY HALL (W/P) IN 18107 HULMAN CENTER RENO & EXPANSION IN 18110 NOTRE DAME -WOMEN'S RESIDENCE MI 18113 PIONEER MEMORIAL CHURCH IN 19004 BEACON HEALTH CORP SERVICES IN 19006 ELKHART HS ADDITION IN 19013 VIBRA HOSPITAL IN 19030 WALT DISNEY ELEM-WALL PANELS IN 19037 PEOPLELINK REROOF IN 19043 BEICKMAN PERFORMING ARTS IN 19044 NOTRE DAME -FCC IN 19045 A RAYMOND - MAIN ROOF IN 19049 IRONWORKS PHASE II -BEER GARDEN IN 19050 FORWARD AIR WI 19056 OSHKOSH MUSEUM -CARRIAGE HOUSE IN 19057 SAINT MARY'S COLLEGE/GUEST HSE OH 19058 COLUMBUS CONVENTION CENTER IN 19060 LEIDAL & HART- WOMENS DORM IN 19063 HOUSE OF FARA PHASE C IN 19065 CHRIST THE KING SCHOOL ADDN IN 19066 FIRST UNITED METHODIST PHASE 2 IN 19068 NOTRE DAME -MORRIS INN ROHR'S IN 19069 THE LAUBER - RESTAURANT ROOFS IN 19072 NORTHSIDE BAPTIST PHASE 2 IN 19073 VESTED INTEREST BLDG ROOF REP IN 19075 BEACON MED -IRELAND RD CLINIC IN 19076 FIELDHOUSE AVE -PHASE 11 IN 19078 GOSHEN INTERMEDIATE SCHOOL IN 19079 ND - 2020 DAVIT INSTL & FLASH MI 19080 WHIRLPOOL RE NE ROOF IN 19082 MAGNATECH IN 19083 IDEAL CONSOLIDATED IN 19084 TECH DATA REROOF IN 19085 EDISON FILTRATION IN 19086 MILTON HOME IN 19087 GRAND DESIGN RV-OFFICE HEADQTR IN 19088 SB HISTORY MUSEUM FLAT RE-ROOF IN 19089 BREMEN ELEMENTARY ADDITION IN 19092 GOLDEN LIVING CTR FOUNTAINVIEW IN 19094 SULLAIR-BUILDING #2 ADDITION IN 19095 AM GENERAL AIR HANDLERS IN 19096 SCHMUCKER MIDDLE SCHOOL IN 19097 GRISSOM MIDDLE SCHOOL SOFFIT IN 19098 ZION UNITED CHURCH OF CHRIST IN 19099 MARTINS SUPERMKT #14 ELKHART IN 20001 FIELDHOUSE AVE-PUMP HOUSE IN 20002 FIRST UNIT METH PHSE 3-LAPORTE IN 20003 MONOGRAM-MEAT COOLER ADDITION IN 20004 ROCHESTER/FULTON CNTY REPAIRS IN 20005 HOLY CROSS LOURDES/BERTRAND IN 20006 BREMEN HS -TRACK AREA MI 20007 ONE TOWNE SQUARE DAVITS MI 20008 TWO TOWNE SQUARE DAVITS MI 20009 REDICO ALLIED DAVITS IN 20010 ST JOSEPH CO CENTRAL GARAGE IN 20012 NOTRE DAME-2020 MAINTENANCE IN 20013 201 S MAIN - LVL 4 TERRACE MI 20014 PIONEER CHURCH CANOPY WORK MI 20017 LAKE MICHIGAN COLLEGE - NAPIER IN 20018 ST MARY'S POWERHOUSE PANELS IN 20020 FITZGERALD RESIDENCE IN 20021 TOEFCO OUT BUILDING IN 20022 PENN HS METAL ROOF OVERLAY IN 20023 ND ROTC GARAGE COATING MI 20024 RICCI HOUSE - MARTIN BROS IN 20025 ELKHART CLINIC CANOPY IN 20026 MARTIN'S GRANGER-ROOFS A&B IN 20027 PARKVIEW ATRIUM PAVER ROOF IN 20028 NORTHPOINT SCHOOL-COURTYARD IN 20029 CMA - SCHRAGE LEADERSHIP IN 20030 SB BANKRUPTCY COURT COPING IN 20033 CAREER ACADEMY IN 20034 JACKSON MIDDLE SCHOOL MI 20035 SAV-A-LOT CANOPY IN 20036 WASHINGTON HS AREAS #12 & 4 IN 20037 ND MAIN BUILDING SOUTH PORCH MI 20039 BOX FACTORY FOR ARTS IN 20040 COLFAX HILL STAIR PENTHOUSE IN 20041 CAREER ACADEMY ADDITION IN 20042 ST MARY'S HAGGAR HALL PORCH IN 20043 ND MAIN BUILDING CROSS REPAIR IN 20044 SIA ICE PROTECTION IN 20046 LINDBORG RESIDENCE IN 20047 IBEW LOCAL 153 RETROFIT IN 20049 WORKING PERSON'S STORE IL 20050 ST. RAYMOND JOLIET REPAIRS IN 20052 IST SOURCE LAPAZ CANOPY MI 20053 MARTIN'S NILES OVERLAY IN 20054 WALGREENS IN 20055 HOUSE OF FARA OUTLET IN 20056 MAGNUSON RES ROOF OVERLAY IN 20057 MARTIN'S PLAZA -WEST SECTION MI 20058 FERRIS STATE -WEST COMMONS BLDG IN 20060 WELLPET - AREA 3 IN 20062 ROYAL ADHESIVES IN 20064 JORDAN FORD HAIL DMGE RE -ROOFS IN 20065 HRR ENTERPRISES REPAIR MI 20068 AEP SERVICE CNTR CANOPY NILES IN 20074 ST MATTHEW CATHEDRAL RECTORY IN 20075 Veteran's Res & VFW 9820 IL 20080 ST RAYMOND JOLIET REPAIR PHSE2 IN 20082 ST JOSEPH HOSPITAL AIR HANDLER January 22, 2015 Re: Midland Engineering Cathedral of Saint Paul Birmingham, Alabama Exterior Restoration and RoofRoplocement To Whom It May Concern; It Is with great pleasure that I submit this letter of recommendation In behalf of Midland Engineering Company. Our firm was fortunate to have them on our team for the restoration of The Cathedral of Saint Paul, which is located in the heart of downtown Birmingham Alabama. The Cathedral, built in 1893, is a stunning example of Victorian Gothic Architecture and it is a treasured landmark in tite Birmingham community. One of the many challenges associated with renovating a historic landmark Is finding team members that view the project as more than just another project, Rather, to be suecessibl with a project of this nature, you need partners that understand and appreciate the significance of the structure, and share the some respect and love for the building as do the parishioners and staff. I am pleased to say that Midland 13ngineering fits this description perfectly, it was apparent to all involved from the onset of tite project that Midland's staff was committed to excellence, acid genuinely cared about the needs and concerns of those who worship and serve within the walls of this magnificent building on a daily basis. Speaking as a General Contractor, the value of this type of partner cannot be quantified. Furthermore, I am confident, that if asked, the architect, minister, parishioners, and many others associated with this project would share my same view. In addition to their understanding anti respect of the building and what it represents, Midland's commitments to quality, safoty, schedule, and overall success of the project were unparalleled. As the project progressed, the exporlence, knowledge and proactive attitude of Midland's team proved to be an Invaluable asset to our firm, as well as to the architectural design team. Day to day issues that were encountered In the field wore easily resolved with either a quick chat with their onsite supervision, or a phone call to their project management team. In my 25 years of experience In the construction industry, I have found it to be very rare that an architect will respond to field related issues and questions with "what does your sub think we vhould do?" To me, this type of response Is confirmation that the design team had absolute trust that Midland would provide solutions that were to the benefit of the overall success of the project, not just simply suggest solutions that were only in' the best Interests of Midland. In summary, my positive experience with Midland Engineering was second to none. Althoug)) my time with their group Is limited to one project, I feet confident sharing my highest recommendatlon to anyone that may be interested in thou services. Typically I would be hesitant with sharing such high prolse for an organization with which I have had such limited experience. However, in this ease, I have no doubts that their performance on our project was a reflection of an overall culture within their organization that will not settle for average. Please feel free to c tact me should you have any questions. 'fin iiso Coject Superintendent Hoar Construction 2051545.6193 nnynY.honrtic.coro btmtlnslium houston nAS1101la orlmido CONSTRUCTION TWO M#tmpNx Win auk6 400 611Wr4him, Al $4200 204.003, 2121 (T) 265.423.2323(F) June 20, 2013 To: Midland Engineering Co. Attn: Ken Sage Nsw 52369 S.R. 933 N. -NILES South Bend, IN 46637 STEEL From: Jeremy D. Waller T ANK Director of Operations snra,asa Niles Steel Tams Company (NST) 1701-A Ternninal Rd, Niles, MI 49120 Dear Mr. Sage, I am writing this letter with inspect to the work that has been completed by Midland Lingineoring Company on the NST faoility at tate address listed above. Our current facility was constructed in 1969 and liar gone through many upgrades and revisions since its inception. Of the 100,000 square feet of manufacturing area we c=ndy have tinder roof all has been through its share of upgrades, All of this except, of course, the roofing system, We began the task of completing the new roof with Midland Engineering Company in 2011 and as of this letter date we are finally finished with all renovations to the roofing system I will say that Midland En&ocring Company has been one of the best partners I have been Involved with on such a large scale, and long term, project. I would like to cominend Midland Engineering Company on its communication skills, I was aware of every aspect of this prosect from start to finish and truly felt comfortable with each step of the process. From the office personnel to the field technicians, It was truly demonstrated that Midland has not only the experience and quality to complete the jobs on time, but to keep all key personnel involved through the entirety of the project. All personnel I have had contact with at Midland were kind, informative, professional and extremely knowledgeable. Mr, Sage, thank you for assisting NST with our roofing system upgrade and feel free to utilize we as a reference anytime, It was a pleasure pad nering with Midland Engineering Company and we'll look to you again when the need arises. Most Sineerely, Jeremy D. Waller Director of Operations/Quality Control Manager Niles Steel Tank Company ASUBS myOF . ootw 1701-A Termhial R(L - P.O Box 728 • Niles, Mfebigars 49120, 269.683.1.910 , rstx 269,683,1953. WRWrr '?d1M1.com Panxlca Uulic11119 Corporation I P=J 416 East Momoe Street Suite 320 South Bend, Indiana 46601 voice 574.234.0124 fax 574.234.1023 August 19, 2013 Secretary of State, Business Services P,O. Box 5616 Montgomery, AL 36103-5616 Re: better of Reference for Roofing Contractor wvnv.panzica.nel Midland Engineering 52369 State Road 933 North ARCHITECTS South Bend, IN 46637 CONTRACTORS DEVELOPERS Dear Application Review Staff, MANAGERS SINCE 195S PAN= Construction Group Desiglinuild Solutions We are pleased to attest to the reputation, honesty, and Integrity of Midland Engineering of South Bend, Midland Engineering is the premier roofing contractor in our region and is highly respected by the architectural, engineering and general construction community. They are a well-nnanaged, organized and talented roofing contractor who completes their work timely and accurately. We are always pleased to have them on our projects, A few of (lie projects include: Project Date of Work Deserl tlon Value CitlGroup Addition Fall 1998 36,000 sf aew constniction $95,000 South Bend, IN roofing and finshin Gibbs Wire Plant Fall 2000 170,000 sf new construction $420,000 South Bend IN roofing and tlasitin PEI-Qenesis Plant Fall 2006 144,000 sfnew constnrction $615,000 South Bend IN roof and metal wall panels Kesling Clinic Fall 2012 6,000 sf new construction $75,000 Westvillep IN roof and nnetal wall panels Our firm has been designing and building since 1955, Over the past 58 years, Midland has completed roofing and nnetai work on many of our projects, including landmark churches, schools, federal buildings, industrial buildings and offices. They have always completed their work to meet the project specifications In n tinnely manner, first class installation and excellent warranty follow-up. We have never had any payment issues on work completed by Midland; they are people of integrity, We highly recommend Midland Engineering to your department. If you should have any questions, or require additional infor tnation, please don't hesitate to call. Respectfidly submitted, .p PJ.Ip+ rJ . �, orj• �. •�+. nh9 talo. 314�i ;t�ti.. Philt E, Pauzica, A. d STA F OF President / Principal teet�PJ �wp1�`,r Indiana Reglstercd Arehitect NAROd0 Public Works Subcontractors — Partial List Dynamic Mechanical Services, Inc. — Plumbing 1606 Chestnut Street Mishawaka, IN 46545 RK Hydro -Vac, Inc. — Ballast Removal P O Box 915 Piqua, OH 45356 Metamorphose Corporation — Carpentry DBA: RLS Specialized Construction 63599 Miami Road South Bend, IN 46614 Michiana Coating Specialists — Roof Coatings 9850 W. 500 N. Etna Green, IN 46524 Schenk Lightning Rod, LLC — Lightning Rods 53140 Poppy Road South Bend, IN 46628 Strahm Building Solutions — Painting 4334 Ardmore Avenue Fort Wayne, IN 46802 cam Subcontractors for Form 96 DEPRECIATION SCHEDULE -TOOLS & EQUIP. DESCRIPTION OF ITEM PURCHASED 1983 FRUEHAUF SEMI TRAILER DUMP 9101 DEPT 12 HOIST SETUP SPRAY SETUP EQUIP 1990 FORD LTL 9000 SCISSORS TRUCK 9733 SULLAIR COMPRESSOR PICKUP CAPS 1988 KENWORTH TRACTOR 4 -GILLETTE GENERATORS ROOFMASTER ALUM FELTMASTER MICRO AIR MODEL MA -4200 GARLOCK 600 GAL KETTLE IFT COMPUTER CONTROLLED BRAKE BOBCOATLOADER AIR AXLE ON SCISSOR TRUCK 1987 EAST USED DUMP TRAILER #7791 1995 GMC STAKE EX CAB #4705 GARLOCK ROOF WARRIOR ELEC START GARLOCK ROOF WARRIOR 2 -AM ROOF SYS. 301D ROLLER PKG TCI H4M50 FORKLIFT FOR YARD NEW STAKE BED FOR 6-87 GARLOCK 612 GENESIS KETTLE GARLOCK GENISIS 1012 KETTLES GARLOCK GENISIS 1012 KETTLES R-800 36" TRACTOR W/STEERING & DUMP HOPPER 4- GILLETTE GENERATORS @ 3114.80 EACH GARLOCK 1012 KETTLE W/GENESIS CONTROLS #9041 GARLOCK 1000# HYDRAILIC HOIST GILLETTE GPN-120E GENERATOR #59P GILLETTE GPN-120E GENERATOR #60P GILLETTE GPN-120EC GENERATOR #57P GILLETTE GPN-120EC GENERATOR #58P NIBLOCK MODEL 52 SHEAR GILLETTE GPN 120EC GENERATOR W/ELEC START UC 12-201 GARLOCI{ ROOF WARRIOR SER # 55397 USED CLARK FORKLIFT S/N 0526-9345 PACE 7 X 16 TRAILER #4763 PACE 7 X 18 TRAILER #4344 RUSTGO MODEL 195 MANLIFT #0259 JAMESON CHEMICAL MINI II FOAM SYSTEM SARNAMATIC WELDERS 641MC 2 SARNAMATIC WELDERS FRS 6000 FUME RECOVERY SYSTEM GARLOCK R-800 RIDING WORKHORSE SER # 59057 REBUILD CLARK FORKLIFT HONDA G300206 ULTRA CUTTER (1 OF 2) HONDA G300206 ULTRA CUTTER (2 OF 2) 2000 GILLETTE GPN 125EH GENERATOR S/N XC27-406 (I OF 3) 2000 GILLETTE GPN 125EH GENERATOR S/N XC27-407 (2 OF 3) 2000 GILLETTE GPN 125EH GENERATOR S/N XC27-416 (3 OF 3) 2000 SARNAMATIC WELDER 641MCCE (1 OF 2) 2000 SARNAMATIC WELDER 641MCCE (2 OF 2) MODEL M114 PREDATOR SPRAY RIG CARGOSPORT TRAILER FOR SPRAY RIG #5310 1995 YALE MODEL GLC50 FORKLIFT 2000 FREIGHTLINER W TEREX CRANE #6501 (INCLUDES NBV OF TRADE INS) GILLETTE GPN` 125EH #YE2-407 GILLETTE GPN 125EH #YE2-408 GILLETTE GPN 125EH #YE2-409 1000 LBS HYDRAULIC HOIST SN #64033 1000 LBS HYDRAULIC HOIST W/ TRASH TRAY # 64036 1 JAMESON CHEMICAL MINI 3 FAST 100 SPRAY RIG REEVES GP300 POWER CART WITH HOPPER VARIMAT LIESTER WELDER S/N 0128049 10,000 WATT, 18HP HONDA GENERATOR 10,000 WATT, 18HP I IONDA GENERATOR VARIMAT LIESTER WELDER S/N SARNAMATIC 1VELDERS (4) 1998 DIESEL TELESCOPING MAN LIFT #300037230 1998 DIESEL TELESCOPING MAN LIFT ##300037229 1995 GMC TOPKICK DUMP TRUCK # 6980 1998 M6510 MODEL S65 TELESCOPING MANLIFT ##2924 1999 MODEL 24525 ARTICULATING MANLIFT ##10856 2004 GARLOCK PACESETTER SPRAY RIG 1#300547 SAFEWAY SERVICES SCAFFOLDING 2005 CHEVY C 4500 STAKE TRUCK ##7533 2004 GARLOCK COMMANDER SPRAY RIG 2004 SKYTRAK TELESCOPING FORKLIFT MODEL 10054; SN 10368 SARNAMATIC WELDERS (2) MODEL 661 GILLETTE GPN-125EH GENERATOR # DE 2-506 GILLETTE GPN-125EH GENERATOR# DE 2-508 GILLETTE GPN-125EH GENERATOR # DE 2-509 PANTHER PROWLER 1#30601 PBR PANTHER PROWLER #60503PBR PANTHER PROWLER 1160505PBR 6 SARNAMATS (2 SPEED WELD, 4 REGULAR) 2007 CHEVROLET SILVERADO I TON 4 X 4 #7706 ComputerEase System (Software & Training, etc) 2008 Chevy Stake Bed Truck 118247 2005 Peterbilt Model 379 Semi Tractor ##0445 2009 CHEVY K 2500 4 X 4 PICKUP 115203 2000 Lull Model 1044C54 #OOAB20P19692 2000 Lull Model 1044C54 #OOAB2 I P 19930 GradAll Boom Lift Model 524D3S ## 0277513(C) (I) 1999 STERLING CHASSIS 23 TON TEREX CRANE #9505 2007 CHEVY K 3500 STAKE #2819 2004 INT'L 4300 STAKE #6881 2010 Gr aco Proportioner Spray Rig, Guns & Compressor Olybond OB500 Pacecart complete 3 - Used Safety Carts with Weights I - Used Power Caulk Rig 1 - Used Raptor Trirex Safety Cart S/N 0455 1- FLIR E- Series Hand Held Thermal Imager New Truck Bed for Ford LTL9000 Scissor truck #9733 2008 Chevy Silverado 1/2 ton 4 x 4 44350 2- OlyFast Model 102 Rhinobond Machines 2009 Chevy Silverado 4x4 ext cab # 9120 3 - garlock Three Man Fall Protection Carts 2013 AUDI A-81, #5806 Safway Scaffolding Multiple Scaffolding Companents Roper Whitney AB 1014KT2 Auto Brake Leister Hot Air Welder Uniroof E 40mm SER# 13-11060 Olybond OB500 Pacecart complete 3- Sarnamatic 661 welders with DW kit 5- AES Trirex Raptor Mobile Fall Protection Cart 6- Gillette GPE125EH Portable Generators Rebuild of Wysong Model 1010 Shear 2013 Ford F-150 Ext Cab Long Bed 4x4 Pickup #4187 2014 Ford F-150 Ext Cab Long Bed 4x4 Pickup #9307 2014 American Hauler Cargo Trailer #4513 2014 Ford F-150 Ext Cab Long Bed 4x4 Pickup #9555 2- Sarnamatic 661 welders 2011 Ford F-150 Crew Cab 6 1/2' Bed 4x4 Pickup #5091 Olympic Oly Rhinobond RBT002 w/magnets 2- Sarnamatic 661 welders 2014 BMW 535d #5184 2- Sarnamatic 661 welders 2 - FixFast FRT 1000 Mobile Fall Pot w Job Box Garlock R800 Power Unit w Steer Assy & Forklift Assy 2- Sarnamatic 661 welders 2 - Olympic Oly Rhinobond RBT002 2 - Olympic Oly Rhinobond R13T002 2 - Olympic Oly Rhinobond RBT002 2015 Ford F550 Stake #8468 Atlas 2000 lb Hydraulic Hoist Serial 15-90503 2011 Ford F-150 Ext Cab Long Bed 4x4 Pickup #5611 CIDAN CNT25/38 Panel Curver 2015 FORD F-150 SUPERCAB 6.5' BED 3.5 TURBO 4X4 #7320 2015 FORD F-150 SUPERCREW 5.5' BED 2.7 TURBO 4X4 #9023 2015 FORD F-150 SUPERCREW 5.5' BED 2.7 TURBO 4X4 #7940 2015 FORD F-150 SUPERCREW 5.5' BED 2.7 TURBO 4X4 #4122 2 - 2015 LEISTER BITUMAT B2111508195219 & 15 2 - 2015 LEISTER BITUMAT B2 #1503300882 & 1412017893 New 2017 Dorsey DC53 BTR Drop Deck Trailer It 1770 2006 Ford E-350 Econoline Extended Van It 4981 2 - 24'M-2 Hydromobile Units and Related Components 2008 JLG 80' Manlift # 8414 2010 JLG 66' Manlift # 9359 2016 FORD F-150 SUPERCREW 5.5' BED 2.7 TURBO 4X4 #1962 2016 Audi Q-5 2.OT Quattro 4 - Sarnamatice 681 welders (4 @ $9,350 each) 2012 Mack GU713 with Terex BT4792 Crane #2900 OCE CW500 ColorWave 500 2 Roll Color System 2016 FORD F-150 SUPERCAB 8' BED 3.5 TURBO 4X4 #3825 2017 FORD F-150 SUPERCAB 8' BED 5.0 4X4 #5213 2017 FORD TRANSIT CONNECT #1483 2016 BMW X5 351 2017 FORD TRANSIT CONNECT #1205 2017 FORD F-150 SUPERCAB 6.5' BED 3.5 4X4 #2612 2017 FORD F-150 SUPERCAB 6.5' BED 5.0 4X4 #7421 TECHWORKS INTERSTATE CARGO 7'X 16' JOB SITE TRAILER #3923 4 - LUSTER VARI MAT V2 @ $8,450 EACH 2018 FORD F-150 SUPERCAB 6.5' BED 5.0 4X4 #4270 2010 CAT TL1055 JOBSITE FORKLIFT SER# TBM01359 2018 FORD F-150 SUPERCAB 6.5' BED 5.0 4X4 #8798 2 - Sarnamatice 681 welders (2 @ $11,610 each) 2018 FORD F-150 SUPERCREW 5.5' BED 2.7 TURBO 4X4 #6821 New 2019 Dorsey DC53 BTR Drop Deck Trailer #4394 2019 FORD F-150 SUPERCREW 6.5' BED 3.5 TURBO 4X4 #5384 2009 JLG 860SJ MANLIFT 2012 CAT TL 1055 FORKLIFT 1SMUUTICYL/UNIPUNCH PUNCH STATION GARLOCK R-800 POWER CART S/N 19-97645 1 `fT.EC'HWORKS INTERSTATE CARGO 7'X 16' 10B SITE TRAILER #9228 11I24GARLOCI<: R-800 POWER CART S/N 1997995 & 1998066 3-Leister Varimats 1904019432, 1904019440, 1904019438 1' G:ARLOCK DUST MASTER ULTRA CUTTER 9 HP HONDA 2019 FORD F150 EXT CAB LONG BED 4 X 4 PICK UP #4017 2013 JLG 660SJ MANLIFT # 0300177122 2020 FORD F350 12'- STAKE 44 #0477 2020 FORD F550 16'- STAKE 42 #0478 Leister Varimats 2001315760 2020 FORD F150 SUPERCAB 4 X 4 LONG BED #2211 2020 FORD F150 SUPERCAB 4 X 4 LONG BED #7138 2020 FORD EXPLORER ST # 0592 2018 FORD EXPEDITION MAX #6317 55T IRONWORKER AND RELATED FIXTURES 9 - RHINOBOND TOOLS AND 5- SETS OF MAGNETS 1 -USED KUBOTA RTV #2351237 1 -USED KUBOTA RTV #2351208 2020 FORD EXPEDITION #7364 Document A310 TM -2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and piiitciped place e f l tcrittt vv) The Cincinnati Insurance Company Midland Engineering Co., Inc. P.O. Box 145496 Cincinnati, OH 45250-5496 This document has important P O Box 1019 legal consequences. Consultation South Bend, IN 46624 Mailing Address for Notices with an attorney is encouraged with respect to its completion or OWNER: modification. (Name, legal status and address) Any singular reference to Contner or Cit of South Bend, Indiana Board of Public Works other actor, hallbeo considered City other party shall be considered 227 W Jefferson Blvd plural where applicable. South Bend, IN 46601 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (,Vain, location or address. and Project number, (f mtij Former Salvation Army Building Roof Repairs, 506 & 510 South Main Street, South Bend, IN 46601 The Contractor and Surety are bound to the Owner in the amount sot forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, oxccutors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such flint if the Owner accepts file bid of file Contractor within the time specified in the bid documents, or within such tinic period as may be agreed to by the O%wicr and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the ternis 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 Omier, 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 aniount for which the Owner may in good faith contract with another party to peribmi lite work: covered by said bid, then this obligation shall be null and void, otherwise to remain in lull lbrce and ellect. The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend (he lime in which the Owner may accept the bid. Waiver ol'notice by (lie Surely shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time Ibr acceptance of bids specified in the bid documents, and [lie Owner and Contractor shall obtain the Surely's consent lbr un 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 deenied to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with u statutory or other legal requirement in lire locution of (lie Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deenied deleted hereliom and provisions conliimiing to such statutory or other legal requirement shall be deemed incorporated herein. When so lumished, (he intent is that this Band shall be Construed as a statutory bund and not as a common law bond. Signed and scaled tit' 9th day of February, fl!'iuress) /fe�� _ ,y /�• SQ9 e,, S 2Cre,�!'/ (lI'iutes ) S•0054/AS 8/10 2021. Midland Engineering Co., Inc. (Principal)) (seal) Bv: 1410�- (Tule) 7 IiCMe-1 W . Fmhn, CPA —Prc54'ele -l-/CEo/0r-O The Cincinnati Insurance Company (.titrretyj ('Seryl) is CORPORATE SEAL y: (Titlefacie House o ey-in-Fact 0M THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio (herein collectively called the "Companies"), do hereby constitute and appoint Tracie House Its true and legal Attorney -in -Fact to sign, execute, seal and deliver on behalf of the Companies as Surety, at any place within the United States, the following surety bond: Surety Bond Number: Bid Bond Principal: Midland Engineering Co., Inc. Obligee: City of South Bend, Indiana Board of Public Works This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with their corporate seals, duly attested by their President or a Vice President this 19th day of December, 2018. ee STATE OF OHIO )SS: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Vice President On this 19th day of December, 2018 before me came the above-named President or Vice President of The Cincinnati Insurance Com- pany and The Cincinnati Casualty Company, to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of sajd corporations. Keith C94ett, Attorney at Law Notary Public — State of Ohio My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. Given under my hand and seal of said Companies at Fairfield, Ohio, this 9th day of February, 2021 . ee BN -1457-S (12/18) Secretary CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Roof Restoration and Replacement at 506 & 510 South Main Street Project No. For Bids Due 119-084B February 9, 2021 Contractor Name: Midland Engineering Company, Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section 11 only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre- qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre- qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 315' for the upcoming calendar year, or within twelve (12) months of obtaining pre- qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT GENERAL CONDITIONS - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH -347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically, Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT GENERAL CONDITIONS - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: (i) _ Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. (iv) _ For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT GENERAL CONDITIONS - 8 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) X By checking this box, I hereby acknowledge that I am not a pre -qualified bidder Indiana Secretary of State's on-line records (ie. Business verification) dated within with the City of South Bend. (ii) X By checking this box, I hereby acknowledge that the City reserves the right to existence, current with the Indiana Secretary of State's Business Entity Report, request supplemental information, additional verification of any information and eligible for a certificate of good standing. (Not applicable to individuals, sole provided, and may also conduct random inquiries of my current and prior proprietors or partnerships). customers. The City reserved the right to utilize all information provided in this List identifying all former business names. submission and all information obtained in inquiries or requests to determine if a Any determinations by a court or governmental agency any violations of federal bidder is responsive and responsible. Additionally, I acknowledge that all state, or local laws including, but not limited to, violations of contracting or antitrust information provided to the City shall be regarded as public records. (iii) X By checking this box, I hereby acknowledge that copies of all Applicable Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) apprenticeship certificates or standards for training programs applicable to the years. work performed on the project may be requested at any time and shall be furnished Statement about staffing capabilities, including labor sources. This statement upon request. (iv) X By checking this box, I hereby acknowledge and ensure that I and all sub- am bidding on OR outlines how I intend to meet the staffing needs of the work. contractors, from whom I have accepted a bid and/or intend to hire to perform work Statement that individuals who will perform work on the public work project on my on the public work project, are properly licensed. Furthermore, I acknowledge my behalf will be properly classified as an employee or as an independent contractor understanding that it is my responsibility to ensure that all sub -contractors have under all applicable state and federal laws and local ordinances. the necessary licenses to undertake the work called for in this bid. If a sub- For every project, submit evidence of participation in apprenticeship and training contractor loses their license at any point, it is the responsibility of that sub- programs, applicable to the work to be performed on the project, which are contractor to notify the City. (b) Attachments: (i) X Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) X List identifying all former business names. (iii) X Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (iv) X Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) X Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) X For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) X Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) X Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT GENERAL CONDITIONS - 9 (ix) X Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) X List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: 2/9/21 ZN�-a -/ -- (Sign Here) Michael W. Frahn, CPA - President/CEO/CFO (Print Name Here) Midland Engineering Company, Inc. (Name of Company) 52369 State Road 933 North (Address of Company) South Bend (City) Indiana (State) 574-272-0200 (Telephone Number) CITY OF SOUTH BEND ROOF RESTORATION AND REPLACEMENT GENERAL CONDITIONS - 10 City of South Bend, Indiana Contractor's Bid for Public Work Responsible Bidder Checklist — 501 & 506 South Main Street (Former Salvation Army Building Roof Repairs) February 9, 2021 II. Pre -Qualification Checklist Attachments (For Bidders That Are Not Pre -Qualified) (b) Attachments: (i) Indiana Certificate of Existence — See Attached (ii) None — Does not apply. (iii) See attached for OSHA. (iv) We are signatory to United Union of Roofers, Waterproofers and Allied Workers Local #23 as well as Sheet Metal Workers Local #20. We have sufficient employees on staff to complete the work we are bidding. If we should require any additional staff we will draw from the pool of union workers. (v) Any individuals who perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) See attached evidence of participation in apprenticeship and training programs applicable to our work performed on this project attached. (vii) Written plan for employee drug testing covering all our employees who will perform work upon the public work project meets or exceeds requirements set forth in IC 4-13-18-5 or IC 4-13-18-6 and is attached. (viii) Evidence attached of our surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties". (ix) None — Does not apply. (x) List of projects of similar size and scope of work performed in all areas including the State of Indiana, within the three (3) years prior to bid due. Elkhart High School — Freshman Division, Elkhart, IN El Campito Child Development Center, South Bend, IN Memorial Medical Plaza, South Bend, IN cam 501 & 506 So Main St Fonncr Salvation Almy (2-9-21) State of Indiana Office of the Secretary of State CERTIFICATE OF EXISTENCE To Whom These Presents Come, Greeting: I, CONNIE LAWSON, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of the State of Indiana, the custodian of the corporate records and the proper official to execute this certificate. I further certify that records of this office disclose that MIDLAND ENGINEERING COMPANY INC duly filed the requisite documents to commencebusiness activities under the laws of the State of Indiana on December 27, 1932, and was in existence or authorized to transact business in the State of Indiana on February 05, 2021. 1 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 of State have been paid. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, February 05, 2021 CONNIE LAWSON SECRETARY OF STATE 193007-075 / 20211849488 All certificates should be validated here: https://bsd.sos.in.gov/ValidateCertificate Expires on March 07, 2021. Midland Engineering Company, Inc. OSHA Citations 2016, 2017, 2018, 2019 & 2020 January 18, 2021 1. 2016 — None 2. 2017 — 600 Pregel Drive, Mishawaka, IN 2017 — 600 Pregel Drive, Mishawaka, IN Total Proposed Penalty $6,400.00 3. 2018 —None 4. 2019 — 207 S. Main Street, Manteno, IL Total Proposed Penalty $11,934.00 5. 2020 —None BN/cam OSHA Citidons 2016 2017 2018 2019 & 2020 (1-18-21) Competent Person Violation Serious — SO #1 Fall Protection Serious — SO #2 Total Settlement $5,760.00 Scaffolding & Fall Protection Serious — SO #1 A and B Total Settlement $8,350.00 11/18/2020 ca co FRO P�K� 46*1 S18-01 To Whom it may concern: ROOFERS LOCAL 23 1345 NORTHSIDE BLVD. SOUTH BEND, IN 46615 Midland Engineering 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 C W TER W__ Sheet Metal Workers Local 20 Apprenticeship & Training Trust November 181i, 2020 2828 East 45th Street, Suite A Indianapolis, Indiana46205 (317) 541-0050.1-800-835-4531 www.smw20training.com To Whom It May Concern, I am the State Apprenticeship Coordinator for the Sheet Metal Workers' Local #20 Apprenticeship and Training Trust. I am writing this letter on behalf of Midland Engineering Company 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 company are registered with the Bureau of Apprenticeship and Training as "Sheet Metal" Apprentices. Additionally, the Sheet Metal Workers' Local # 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, &t400�t_ Jason Benson State Apprentice Coordinator Sheet Metal Contractors -Sheet Metal Workers Local 20 Evansville -Ft. Wayne -Gary -Indianapolis -Lafayette -South Bend -Terre Haute -. BUILDING & CONSTRUCTION RESOURCE CENTER, INC. DRUG & ALCOHOL POLICY Promoting the Safety And Well -Being of Employees in the Workplace PARTICIPATING UNION CRAFTS • BRICKLAYERS • CARPENTERS • IBEW • IRONWORKERS • LABORERS • MILLWRIGHTS • OPERATING ENGINEERS • PAINTERS • PIPEFITTERS • PLUMBERS • ROOFERS • SHEETMETAL WORKERS • TEAMSTERS • TECHNICAL ENGINEERS • PLASTERERS AND CEMENT MASONS • GLAZIERS This Policy has been approved by the Northwest Indiana Business Roundtable w� R Building & Construction Resource Center, Inc. 6050 Southport Road, Suite B Portage, Indiana 46368 Telephone: (219) 764-9500 Toll Free: (877) 988-5400 Fax: (219) 764-9505 Website: www.bcrcnet.com Robert Anadell Executive Director Your Employee Assistance Program (EAP) PERSPECTIVES (800) 456-6327 Policy Revision January 1, 2013 INDEX PAGE Introduction 1 The Policy 2 Definitions 4 Drug Testing 9 Drug Group 11 Alcohol Testing 12 Payment for Testing 12 Initial Testing (Pre-Employment) 13 Random Testing 13 Probable Cause Testing 14 Post-Accident/Incident Testing 15 "Emergency" Work Assignment 16 Card System 17 Status Confirmation 18 Insufficient Specimen 18 Diluted Specimen 19 Adulterated, Substituted, and/or Out-of-Temperature Range Specimen 19 Consequences for a Positive Test 19 Return-to-Duty Testing 21 Follow-up Testing 21 Disputed Positive Results 22 Appeals and Protections 23 Letters of Notice for Random Testing Attachment A — General Trades 24 Attachment B — Non-Bargaining 25 Attachment C — Pipe Fitters Local 597 26 Attachment D — Pipefitters Local 137 & Springfield Slit. Metal Workers Local 218 27 Attachment E — Failure to Report 28 Attachments I & 11 29 BCRC Authorization for Consent to Drug and Alcohol Analysis and Authorization 30 For Release of Results BCRC Applicant/Cardholder Drug Test Information and Instruction Sheet 31 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 have created the Building and Construction Resource Center (hereafter "BCRC") an independent not-for-profit corporation which offers a wide range of services to its employees in the unionized construction industry, which include employers, labor union organizations, construction industry and related workers. It is BCRC's goal to assist employers to establish and maintain workplaces that are free of the destructive effects caused when employees use drugs and/or abuse alcohol. BCRC's activities are not intended to interfere with normal practices of the unions or management. BCRC recognizes its responsibility to communicate with and educate its employees relative to 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. 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 federal guidelines for specimen collection, laboratory analysis and review, and standards of integrity and confidentiality. THE POLICY Persons who use illegal drugs or abuse alcohol or other controlled substances, 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 cost, delays, accidents, and injuries. These employees can also damage 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 assistance program, and implementation of fair and respectful drug testing that conforms to federal guidelines for specimen collection and analysis. All of this is to be done with the utmost confidentiality and respect for the individual. In order to enhance substance abuse awareness among all employees, educational seminars and training programs will be offered. The educational seminars will be directed toward education about the seriousness of the nationwide problem of drug and alcohol abuse, 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, 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 positive drug test or alcohol 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 the EAP is confidential and information 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 positive drug or alcohol test will be subject to the conditions established in the drug -testing portion of this policy. 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 further 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 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 • Adulterated specimen means a specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. • Air blank 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 concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters 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 0.04 or greater, which provides quantitative data about the alcohol concentration. • Alcohol Screening Device (ASD) means a breath device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a conforming products list (CPL) for such devices. • Alcohol screening test means an analytic procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath specimen. • Alcohol testing site means a place selected by the employer where employees present themselves for the purpose of providing breath 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. • Association means Building and Construction Resource Center, which is the association formed by labor and management representatives of the building and construction industry for Northwest Indiana, for the purpose of addressing problems of drugs and alcohol in the workplace. • Blind specimen or blind performance test specimen means a specimen submitted to a laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from an employee specimen. • 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 through the call-in system, through the BCRC scanner by swiping employees' identification cards, or by electronic e-mail. • Chain of custody means the procedure used to document the handling of the specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. • 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 who is a member of Building and Construction Resource Center. • Confirmation (or confirmatory) drug test means a second (2) analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. • Confirmation (or confirmatory) validity test means a second test performed on a urine specimen to further support a validity test result. • Confirmed drug test means a confirmation test result received by an MRO from a laboratory. • Confirmatory test 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 to identify the 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, opiates amphetamines and phencyclidine) • Contractor participant means an employer who is a contributing member of Building and Construction Resource Center • Controlled Substance means marijuana (THC), cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamines), barbiturates, benzodiazepine, propoxyphene, methadone, 6-acetymorphine and ecstasy. • DHHS means the Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services. • DHHS-approved laboratory means a laboratory that is certified by the U.S. Department of Health and Human Services. Drug tests under this program will be performed by a DHHS—certified laboratory. • DesitInated Employer Representative (DER) means the Human Resource Manager, Card Manager, Program Administrator or similar designee of each employer who shall receive necessary communications related to this program. • Dilute specimen means a specimen with creatinine and specific gravity values that are lower than expected for human urine. • DOT means U.S. Department of Transportation. Many of DOT's standards and procedures related to drug and alcohol testing are mirrored in BCRC's drug and alcohol policy. • Drugs mean the substances for which tests are required under this policy and include marijuana (THC), cocaine, amphetamines (including methamphetamines), phencyclidine (PCP), opiates, barbiturates, benzodiazepine, propoxyphene, methadone and ecstasy. * DruI4 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 Building and Construction Resource Center. • Employee Assistance Prol4ram (EAP) 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. • Employer means a company, or a contractor/employer participant, who is a member of Building and Construction Resource Center. • Evidential Breath Testing Device (EBT) means a device approved by NHTSA for the evidential testing of breath at .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program. • First 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 Third Party 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. • Follow-up Testing may be required, based on an EAP evaluation for a non -negative or positive test result as described in this policy. Follow-up testing will be administered by the TPA. • Initial test (for drugs) means an immunoassay screen to eliminate negative urine specimens from further consideration. • Initial validity test means the first test used to determine if a specimen is adulterated, diluted, or substituted. • Invalid drug test means the result of a drug test for a urine specimen that contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. • Laboratory means a U.S. laboratory certified by DHHS under the National Laboratory Certification Program as meeting the minimum standards of Subpart C of the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs. • 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 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. • Non -negative (Positive) test result means a sample has been found to contain substances above the test levels established in this policy that would provide a negative test result, or was an invalid test. • Positive Test (alcohol) occurs when an employee's confirmatory test result reads 0.04% BrAC or higher. • Positive Test (drugs) occurs when an employee's confirmatory test or retest result is at or above cutoff levels specified by DHHS and has been verified by the MRO to be a positive test. • Post-Accident/Incident Testing means an employer may require a drug and/or alcohol test when an accident/incident occurs. • 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. • Property 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: Fails(ed) to appear for any test (except a pre-employment test) within a reasonable time, as determined by the policy, after being directed to do so by the policy; ➢ Fails(ed) to remain at the testing site until the testing process is complete; (a walk -out) ➢ Fails(ed) to provide a urine specimen for any drug test required by this policy; ➢ In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the employee's provision of a specimen; ➢ 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; ➢ Fails(ed) or declines to take a second test the employer or collector has directed the employee to take; ➢ 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 case 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; ➢ 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); ➢ Provides a second (2) specimen that is dilute. • Return to Duty 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 or refusal to submit as described in this policy. • Screening test (or initial test) means: ■ 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. • Screening Test Technician (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. • Specimen 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. • Substituted specimen means a specimen with creatinine and specific gravity values that are so diminished that they are 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 determined to be negative. • Third Party Administrator (TPA) 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 members (e.g., having a combined random testing pool). • Verified test means a drug test result or validity testing result from a DHHS-certified laboratory that has undergone review and final determination by the MRO. 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 as confirmed 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 U.S. Department of Health and Human Services (DHHS) Substance Abuse and Mental Health Services Administration (SAMHSA) for testing mandated by the U.S. Department of Transportation. Those safeguards are as follows: I . 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 chain of custody and which recognize privacy concerns regarding the individuals being tested. 2. Testing will be conducted only by accredited labs that have obtained and retained DHHS certification. 3. All specimens that are positive in an initial screen must then be confirmed by gas chromatography/mass spectrometry (GC/MS). GC/M confirmation is the state-of-the-art drug testing technology, providing a fingerprint of the detected drug. 4. A Medical Review Officer (MRO) will review all drug test non -negatives (positives) prior to verification of positive test results. The MRO is a physician with specialty training and expertise in substance abuse and drug testing. The MRO will review confirmed positive test results to ensure proper procedure, protocol, and reporting. The MRO will interview the individual who has a confirmed positive test result by telephone to investigate whether a legal prescription has caused the specimen to test positive. If the individual 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 EAP. 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 that test be disputed or should arbitration or litigation arise out of the actions taken because of the test results. 6. On a periodic basis, BCRC will submit blind pre -tested urine samples with appropriate documentation to the drug -testing laboratory as a means of assuring itself of laboratory proficiency. DRUG GROUP The drug -testing program will test for the following drugs at these levels: Analyte Initial Screening Confirmatory test Amphetamines 500 ng/mL 250 ng/mL Cocaine 150 ng/mL 100 ng/mL Marijuana 50 ng/mL 15 ng/mL Opiates (Codeine/Morphine)2000 ng/mL 2000 ng/mL 6-Acetylmorphine (Heroine) 10 ng/mL 10 ng/mL Phencyclidine 25 ng/mL 25 ng/mL Barbiturates 300 ng/mL 200 ng/mL Benzodiazepines 300 ng/mL 200 ng/mL Methadone 300 ng/mL 200 ng/mL Propoxyphene 300 ng/mL 200 ng/mL MDA -Analogues (Ecstasy) 500 ng/mL 250 ng/mL ALCOHOL TESTING Alcohol tests (screening and confirmatory) will be performed on a device that appears on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL) and that meets the DOT'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 (0.04 and above, BrAC), the Breath Alcohol Technician (BAT) shall immediately notify the BCRC/Employers 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. PAYMENT FOR TESTING Costs related to drug and alcohol testing will be borne by the program except for re -testing of disputed test results by an employee. The issue of payment for the employee's time will be categorized as follows: For new or current union members or employees seeking an initial test, the test is a condition of employment, and employees in the BCRC Program 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: Late Random, Probable Cause, Post -Accident, Diluted Re -Test, Return -to -Duty, or Follow-up Testing 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 be paid a stipend by the program for the time necessary to secure subsequent random testing required by the program. (See attachments A thru D) It is understood that such testing will occur on the employee's time. Test to be taken with seven (7) days of notice. 4. D.O.T., Non -Bargaining and Pipe Fitter's Local 597 employees are exempt from the stipend reimbursement. INITIAL TESTING (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 clear 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, chain -of - custody forms, and all other necessary supplies. RANDOM TESTING 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 U.S. 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 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. All employees will be selected for a random at least once (1) every two (2) years. If an employee does not provide a sample at an approved collection site within seven (7) days of having been notified 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 should contact the Third Party Administrator (TPA). 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 to the EAP for evaluation and to receive instructions on the required procedure(s) for removing the `Not Available" status from his/her card. PROBABLE CAUSE TESTING An employee may be subject to drug and alcohol testing for Probable Cause based on observed and documented unusual behavior. Circumstances sufficient to lead a reasonable person to suspect that an employee is under the influence of, 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. A rapid or express test is authorized for this test at the discretion of the employer or union representative. There is no stipend for these tests. POST -ACCIDENT / INCIDENT TESTING An employer may require an employee to submit to a post -accident drug and alcohol test after the involvement in, or cause of an accident/ incident, that causes injury to the employee or another party. The employer may also require an employee to submit to a post -accident drug and alcohol test when the employee is involved in, or causes an accident, which results in damage or destruction to property. Post -accident drug and alcohol testing must be completed within two (2) hours of the recorded accident/ incident if a BCRC testing facility is located on the job site or within four (4) hours of the recorded accident/ incident if an employee is required to go off the job site to a BCRC testing facility. Any employee suspected of unnecessarily delaying the test process will be considered to have refused to submit to testing. In instances of post-accident/incident or probable cause testing for drugs and alcohol, 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 a qualifying accident, priority must be given to the employee's medical treatment before any consideration is given to collecting a specimen for 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 Drug and Alcohol Policy and his/her complaint 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 Drug and Alcohol Policy. A rapid or express test is authorized for this test at the discretion of the employer or union representative. There is no stipend for these tests. "EMERGENCY" WORK ASSIGNMENTS 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 employer representative (Card Manager) shall request the employee to present his/her BCRC identification card. An individual that does not have a BCRC card at the time of hire will be requested to secure a card and submit to an initial Bigg test within one (1) day, in order to comply with the BCRC Policy. 2. An employee without a BCRC identification card may work one (1) day. On the second (2) day, a Chain of Custody form (as proof of having submitted to a drug test) or a BCRC card must be presented. 3. An employee who has provided a specimen for testing must bring to the job site his/her copy of the Chain of Custody form, given to him/her by the collection site, as proof that he/she has submitted to an initial test. 4. 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 employer Card Manager swipe the card for status verification. 5. If the member's work assignment is terminated by his/her employer before the member's status is verified within the allowable four (4) days for verification, and the individual is rehired, the member will have to provide the same employer a BCRC identification card at the second (2) rehiring sign up, and a clear status. Except in the event that the rehire is less then 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. CARD SYSTEM Employees will be required to give their BCRC Card ID Number to a Card Manager in order for the Card Manager to access the e-mail status confirmation system. Categories are: 1. Not on File (NOF) 2. Not Available (N/A) 3. Clear (CL) STATUS CONFIRMATION Participating employers may verify the status of all BCRC employees, who are working, 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 use the Phone-in System or Electronic e- mail for verification. 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 consequences for a non -negative (positive) test within 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. An employee who receives a status of N/A a second (2nd) time 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 further assignments. The status of Clear (CL) will be restored only with written approval of the EAP. 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. INSUFFICIENT SPECIMEN A person 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. DILUTED SPECIMEN An employee providing a diluted 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. 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) diluted specimen. A second (2nd) diluted specimen, without a valid medical reason, will be treated as a refusal to submit to testing. ADULTERATED, SUBSTITUTED, AND/OR OUT -OF -TEMPERATURE RANGE SPECIMEN When a urine specimen is reported as adulterated, or substituted, or when the temperature range is below 90 degrees or above 100 degrees F., 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 test will be considered non-compliance and the employee will be made "N/A" and referred to the EAP. 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 FOR A NON -NEGATIVE (POSITIVE) TEST 1. An employee who tests non -negative (positive) for drugs and/or alcohol 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 individual that he or she is ineligible for work and he/she will be directed to contact the TPA. The BCRC will refer the member to the program's Employee Assistance Program (EAP) for consultation and review. If the MRO contacts the individual 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 individual's card will be marked "CL" 2. In the case of a confirmed non -negative (positive) drug or alcohol test, the Third Party Administrator (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 (positive) test is received. 3. Before returning to work, an employee must (1) complete an evaluation with the program's Employee Assistance Program provided by the BCRC EAP Provider, (2) follow a treatment plan prescribed by the program's EAP, (3) obtain written documentation from the program's EAP verifying return to duty date, and (4) obtain a negative result on a return -to -duty test. 4. A "N/A" 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 program may be discharged. For the purposes of this provision, "non-compliance" shall mean one or more of the following: • Failure to report to the program's Employee Assistance Program as directed, • Failure to follow and/or complete a EAP -prescribed treatment program, • Failure to take a return -to -duty or follow-up test, • Failure to report for a random test request within seven (7) days, • Failure to submit to a drug or alcohol test when requested to do so by the EAP 5. An individual testing positive for a third (3) time in a twelve (12) month period shall not be permitted to take a Return -to -Duty test for one (1) year and his/her BCRC Substance Abuse Card shall be invalidated for the same time period. The individual must also complete an EAP -prescribed treatment program before returning to work. For the purposes of this policy, a negative test must occur before any future non - negative (positive) tests will be counted as additional strikes. 6. An employee whose test results are verified non -negative (positive) by the MRO will be referred to the EAP by the BCRC (TPA). The employee is expected to attend all appointments with the EAP counselor and to follow the EAP counselor's instructions. RETURN -TO -DUTY TESTING The return -to -duty test is required for an employee to be re -instated into the program following a positive test. 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. FOLLOW-UP 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 immediately when the TPA contacts the member or the member will be considered non-compliant, made "N/A", and returned to the EAP for further evaluation. 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 (DHHS) certified laboratory of his/her choice, at his/her own expense, within ten (10) working days of when he/she was notified of the test results. A portion of the initial sample shall be forwarded under a chain -of - custody directly by BCRC's testing laboratory to the DHHS laboratory selected by the individual. 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. The following section only applies when the employee tests due to Post -Accident or Probable Cause: If the test is negative, the affiliated employer will reimburse the individual 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 individual for the cost of the re -test. An individual, whose test results are verified non -negative (positive) by the MRO, will be referred to the EAP by the TPA (BCRC). The individual 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. DHHS or Department of Transportation. APPEALS AND PROTECTIONS/JUST CAUSE Employees who are subject to this policy continue to have access to the usual protections provided as a part of their union membership and/or as members of bargaining units covered by collective bargaining agreements. Such individuals 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 individual is aggrieved by any action taken under this Drug and Alcohol Policy and his/her complaint cannot be resolved, the complaint may, if the individual or Union requests, be referred as a grievance under the grievance and arbitration provisions of the individual's collective bargaining agreement. In the event the matter is referred to arbitration, the arbitrator shall be bound substantively by the provisions of this Drug and Alcohol Policy. Attachment A — General Trades BCRC LETTER HEAD Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear" BCRC identification card status. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for update each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (day) of (Month), 20_. This random test is to be taken on your own time at any of the approved collection sites identified on the enclosed collection site list. You will be mailed a $40.00 stipend for the time necessary to secure random testing as long as your test is taken within seven (7) days of this notice. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Not Available". Failure to report for a random test in the required time it will be necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the "Not Available" status from your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family. Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll free @ 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, Robert Anadell Executive Director Attachment B — Non -Bargaining BCRC LETTER HEAD Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear" status on your BCRC identification card. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for random updating each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (day) of (Month), 20_. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Not Available". Failure to report for a random test in the required time will make it necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the "Not Available" status fi•om your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family. Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll fi•ee a 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, Robert Anadell Executive Director Attachment C — Pipe Fitters — Local 4597 BCRC LETTER HEAD Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear" status on your BCRC identification card. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for random updating each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (day) of (Month), 20_. Tests may be taken on your Employer /Contractor's time at the collection facility selected from the enclosed list. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Not Available". Failure to report for a random test in the required time will make it necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the `Not Available" status from your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family. Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll free @ 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, Robert Anadell Executive Director Attachment D — Pipefitters Local 137 & Springfield Sheet Metal Workers Local 218 BCRC LETTER HEAD Letter of Notice for Random Testing Dear Your name has been randomly selected by BCRC's computer generated selection program to take a random drug test in order to maintain your "Clear" BCRC identification card status. Our computer program selects the names of one -twelfth (1/12) of 50% of all BCRC cardholders for update each month. No one will be tested in this system more than twice in a twelve month period. You will be required to report to an approved collection site within seven (7) days from the date of this "Notice for Random Testing" letter to stay in compliance with the BCRC policy. In order to avoid any potential interruption in the status of your card, you must be tested no later than midnight the (day) of (Month), 20_. This random test is to be taken on your own time at any of the approved collection sites identified on the enclosed collection site list. You will be mailed an $80.00 stipend for the time necessary to secure random testing as long as your test is taken within seven (7) days of this notice. If you do not take your random test within seven (7) days of this notice, your BCRC card status will be deemed "Not Available". Failure to report for a random test in the required time it will be necessary for you to contact the BCRC office to receive instructions on the required procedure(s) for removing the "Not Available" status from your card. Remember it is your responsibility to keep the BCRC informed of any change in your address or telephone number. The BCRC has contracted with Perspectives as a fully independent, professional Employee Assistance Program (EAP) for you and your family. Perspectives' 24 hour, 7 day a week hotline number is (800) 456-6327. Please contact the BCRC office @ 219-764-9500 or toll fi•ee @ 877-988-5400 if you have any questions. Thank you for your cooperation. Sincerely, Robert Anadell Executive Director Attachment E — Failure to Report BCRC LETTERHEAD Letter of Notice for Failure to Report for TestinLy Dear Your Name was selected on kP40 by the BCRC computerized selection process for a BCRC random drug test. You failed to report for the test by the cutoff date of jDalpI and your status has been recorded as "Not Available". You must call the BCRC's office for "authorization" before you can take your random test Please call (219) 764- 9500 or toll free @ (877) 988-5400 to reschedule your random. Your "Not Available" status cannot be changed without contacting the BCRC office to resolve this matter. Sincerely, Robert Anadell Executive Director ATTACHMENT I BUILDING AND CONSTRUCTION RESOURCE CENTER INC. AUTHORIZATION FOR CONSENT TO DRUG AND ALCOHOL ANALYSIS AND AUTHORIZATION FOR RELEASE OF RESULTS I, the undersigned, , do hereby authorize the testing of my body 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, further that the testing procedures will be limited to tests for prohibited and illegal drugs and controlled substances. I understand that the results of these tests may be used for employment and disciplinary reasons and hereby authorize the release of such information from the laboratory and MRO. I fiu-ther 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 exclusively to the grievance and arbitration procedure under my collective bargaining agreement (if applicable). Witness Date Time Notary Public Commission Expires Signature of Applicant/Employee Employee's Social Security Number Employee's Telephone Number Employee's Address City Official Seal State & Zip Code (Must be notarized if NO ID) ATTACHMENT II BCRC APPLICANT/CARDHOLDER DRUG TEST INFORMATION AND INSTRUCTION SHEET BCRC is exercising extreme care to ensure that strict quality control measures are followed in the collection, handling, and analysis of you specimen. You play an important role in this process and should be certain that you have provided an unadulterated specimen to the laboratory. Remember, you are certifying that the specimen which you provide is yours and is unadulterated. Any adulteration or switching of specimen is a breach of BCRC's rules and, if you are employed, may subject you to discipline up to and including termination by your employer. For your own protection and peace of mind, we ask that you: • Provide a picture identification to the collection site/technician at time of arrival; • Be escorted to a collection room and asked to provide an unadulterated specimen in the collection bottle provided. The bottle should be filled to 45 ml; • Return the specimen bottle to the medical technician and witness, initial and date the integrity seals placed on your specimen; • Verify the proper spelling of your 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 sheet and the Chain of Custody form. I HAVE READ THE ABOVE AND HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THIS PROCEDURE. BCRC Applicant/Cardholder Signature Date Menu Index Bureau of the Fiscal Service > Sum Bonds > List of Certified Companies List of Certified Companies Search Download the complete listing of Certified Companies PDF or browse the list below. Also, see Supplemental Changes to Circular 570 Last updated July 01, 2020 A B C D E F G H I J. K L M N O P Q R S T U V W X Y Z I'1 ACCREDITED SURETY AND CASUALTY COMPANY, INC. (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, MD, MA, Ml, 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: Florida. ACE American Insurance Company (NAIC #22667) RI ISINIFgS AnnRFgq- A'�F, 1A/alnl It gtrPPt P n Rnx 1 nnn PhilAHPlnhii PA 1 c)1(lti Translate BUSINESS ADDRESS: P.O. Box 145496, Cincinnati, OH 45250 - 5496. PHONE: (513) 870-2000. UNDERWRITING LIMITATION b/: $43,673,000. 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. INCORPORATED IN: Ohio. CINCINNATI INDEMNITY COMPANY, THE (NAIC #23280) BUSINESS ADDRESS: P.O. BOX 145496, CINCINNATI, OH 45250 - 5496. PHONE: (513) 870-2000. UNDERWRITING LIMITATION b/: $11,109,000. 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. INCORPORATED IN: Ohio. Cincinnati Insurance Company (The) (NAIC #10677) BUSINESS ADDRESS: P.O. BOX 145496, CINCINNATI, OH 45250 - 5496. PHONE: (513) 870-2000. UNDERWRITING LIMITATION b/: $507,186,000. 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, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Ohio. CITIZENS INSURANCE COMPANY OF AMERICA (NAIC #31534) BUSINESS ADDRESS: 440 LINCOLN STREET, WORCESTER, MA 01653 - 0002.