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Home My WebLink AboutOpening of Bids - Leeper Court Reconstruction Proj No 124-022 - Tarkett Sports ConstructionTi Date Address CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Project No. For Bids Due VPA LEEPER COURT RECONSTRUCTION 124-022 May 13, 2025 PART I (Must be completed for all bids. Please type or print) 5/13/2025 Bidder (Firm): Tarkett Sports Construction - Central, 600 SW Jefferson Street City/State/Zip: Lee's Summit, Mo 64063 Telephone Number: ( 855 ) 697-4194 Email Address: sport sbids @pcc . bui l d Agent of Bidder (if Applicable): Jake Jackson Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: VPA Leeper Court Reconstruction the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Tarkett Sports Construction - Central, LLC and dated 5 / 13 / 2 0 2 5 for the sum of (enter the Total Bid as shown on the Proposal) --'o mAkLon P-igk l�sCutid ($ 2, I J39.1 610. 0o ) (Enter sum ,of Total Base Bid plus Alternates shown on Proposal) (Numerical) sekw &f OLL c00/1 bQ 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 o a se ate attachment. By (Signature) Jake Jackson (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this Subject to the following conditions: day of BOARD OF PUBLIC WORKS President Members Version 1/3/2025 Contractor's Bid for Public Works - 2 20 LLC BID/PROPOSAL CITY OF SOUTH BEND Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: 124-022 For Bids Due: May 13, 2025 Contractor Name: 6-r ko-4 Sa�s� Cenkms , za r DIVISION A Item Description Quantity Unit Unit Price Total No.Amount 1 Mobilization & Demobilization 1 LSUM $ 6 4 , 000. 00 $64, 000. 00 2 Construction Layout and Survey 1 LSUM $20, 000 . 00 $20, 000 . 00 3 Tree Protection 4 EACH $1, 0 0 0. 0 0$ 4, 0 0 0. 0 0 4 Temporary Const. Fence 1305 LFT $ 21 .84 $ 2 8, 5 0 0 .0 0 5 Temporary Inlet Protection 9 EACH $ 5 5 5. 5 6 $ 5, 0 0 0.0 0 6 Temporary Silt Fence 769 LFT $ 7. 2 3 $ 5, 5 6 0. 0 0 7 Temporary Gravel Const. Entrance 72 SYS $19 2 .23 $13 , 840.00 8 Remove Net Anchor 14 EACH $214 .29 $3, 000.00 9 Remove Net Post 28 EACH $140 .36 $3, 930.00 10 Fence and Gate Removal 1943 LFT $12 . 90 $ 2 5 , 0 6 0 .0 0 11 Subbase Preparation 10236 SYS $12 . 6 7 $12 9 , 6 7 0 .0 0 12 Compacted Aggregate No.53 500 1 TON $ 51 . 0 0 $ 2 5 , 5 0 0. 0 0 13 Sidewalk Removal 1296 SYS $18 . 11 $ 2 3 , 4 7 0. 0 0 14 Full Depth Pavement Removal 9118 SYS $5 . 90 $53, 790. 00 15 Concrete Sidewalk 4" 1370 SYS $10 3 . 7 8 $14 2 , 17 0.0 0 16 Ribbon Curb, 2' 1058 LFT $ 3 8 . 11 $ 4 0 , 310.00 17 Post -Tensioned Concrete 8866 SYS $111 . 8 5 $ 9 91, 62 0 . 0 0 18 Chainlink Fencing, Complete 1889 LFT $103 . 07 $194, 680 . 00 19 Chainlink Man Gate, 4' Width 7 EACH $1, 600.00 $11, 200.00 20 Chainlink Man Gate, 8' Width 4 EACH $3, 000 . 00 $12, 000. 00 21 Net Anchor 13 EACH $346. 16 $4, 500.00 22 Net Post 26 EACH $ 3 41 . 16 $ 8 , 870. 00 23 Tennis Court Net 13 EACH $384 . 62 $5, 000.00 Version 1/3/2025 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: 124-022 For Bids Due: May 13, 2025 Contractor Name: TaT-V�4 i � C&,%#wc�t0, _ (eA--(mi L( C DIVISION A 24 Sodding 1290 SYS $26. 02 $33, 560. 00 25 Furnished and Placed Topsoil, 4" 400 SYS $9 . 00 $3, 600.00 26 HMA Type B, Base 0 TON N/A N/A 27 HMA Type B, Surface 0 TON N/A N/A 28 Asphalt Surfacing & Striping System 0 L SUM N/A N/A 29 Concrete Surfacing and Striping 1 L SUM 305.240 .00 $305, 240. 00 DIVISION ATOTAL $2, 158, 070. 00 ALTERNATE #1 Item Description Quantity Unit Unit Price Total Amount No. 29 Concrete Surfacing and Striping -1 L SUM $305, 240 .00 $305, 240 . 00 30 Cushioned Concrete Surfacing and 1 L SUM $376, 990 . 00 $376, 990. 00 Striping DIVISION A, ALTERNATE #1 TOTAL $ 71, 7 5 0. 0 0 Voluntary Alternate #1 Description: Nova Sports Coating and Striping System Total: $207,380.00 Total Deduct from Base Bid: ($97,860.00) Version 1/3/2025 Contractor's Bid for Public Works - 8 BID/PROPOSAL CITY OF SOUTH BEND Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: 124-022 For Bids Due: May 13, 2025 Contractor Name: Tarkett Sports Construction - Central, LLC DIVISION B 06 u1 Item No. Description Quantity Unit Unit Price Total Amount 1 Mobilization & Demobilization 1 LSUM 2 Construction Layout and Survey 1 LSUM 3 Tree Protection 4 EACH 4 Temporary Const. Fence 1305 LFT 5 Temporary Inlet Protection 9 EACH 6 Temporary Silt Fence 769 LFT 7 Temporary Gravel Const. Entrance 72 SYS 8 Remove Net Anchor 14 EACH 9 Remove Net Post 28 EACH 10 Fence and Gate Removal 1943 LFT 11 Subbase Preparation 10236 SYS 12 Compacted Aggregate No.53 500 TON 13 Sidewalk Removal 1296 SYS 14 Full Depth Pavement Removal 9118 SYS 15 Concrete Sidewalk 4" 1370 SYS 16 Ribbon Curb, 2' 1058 LFT 17 Post -Tensioned Concrete 4893 SYS 18 Chainlink Fencing, Complete 1889 LFT 19 Chainlink Man Gate, 4' Width 7 EACH 20 Chainlink Man Gate, 8' Width 4 EACH 21 Net Anchor 13 EACH 22 Net Post 26 EACH 23 Tennis Court Net 13 EACH Version 1/3/2025 Contractor's Bid for Public Works - 9 BID/PROPOSAL CITY OF SOUTH BEND Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: 124-022 For Bids Due: May 13, 2025 Contractor Name: Tarkett Sports Construction - Central, LLC DIVISION B Iv0 RJ O 6 24 Sodding 1290 SYS 25 Furnished and Placed Topsoil, 4" 400 SYS 26 HMA Type A, Base 668 TON 27 HMA Type A, Surface 334 TON 28 Asphalt Surfacing & Striping System 1 L SUM 29 Concrete Surfacing and Striping 1 L SUM DIVISION B TOTAL ALTERNATE #1 Item No. Description Quantity Unit Unit Price Total Amount 29 Concrete Surfacing and Striping -1 L SUM`IJ�C! 30 Cushioned Concrete Surfacing and 1 L SUM �3bk&t& Bid Striping DIVISION B, ALTERNATE #1 TOTAL Version 1/3/2025 Contractor's Bid for Public Works - 10 BID/PROPOSAL CITY OF SOUTH BEND Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: For Bids Due: 124-022 May 13, 2025 Contractor Name: Tarkett. Sports Construction - Central, LLC DIVISION C I V Q 'a', d Item No. Description Quantity Unit Unit Price Total Amount 1 Mobilization & Demobilization 1 LSUM 2 Construction Layout and Survey 1 LSUM 3 Tree Protection 4 EACH 4 Temporary Const. Fence 1305 LFT 5 Temporary Inlet Protection 9 EACH 6 Temporary Silt Fence 769 LFT 7 Temporary Gravel Const. Entrance 72 SYS 8 Remove Net Anchor 14 EACH 9 Remove Net Post 28 EACH 10 Fence and Gate Removal 1943 LFT 11 Subbase Preparation 9365 SYS 12 Compacted Aggregate No.53 500 TON 13 Sidewalk Removal 192 SYS 14 Full Depth Pavement Removal 9118 SYS 15 Concrete Sidewalk 4" 195 SYS 16 Ribbon Curb, 2' 0 LFT 17 Post -Tensioned Concrete 0 SYS 18 Chainlink Fencing, Complete 1885 LFT 19 Chainlink Man Gate, 4' Width 7 EACH 20 Chainlink Man Gate, 8' Width 4 EACH 21 Net Anchor 13 EACH 22 Net Post 26 EACH 23 Tennis Court Net 13 EACH Version 1/3/2025 Contractor's Bid for Public Works - 11 Project Name: Project Number: For Bids Due: Contractor Name: DIVISION C BID/PROPOSAL CITY OF SOUTH BEND VPA LEEPER COURT RECONSTRUCTION 124-022 May 13, 2025 Tarkett Sports Construction - Central, LLC 24 Soddin 1290 SYS Novi NO �J 25 Furnished and Placed Topsoil, 4" 400 SYS 26 HMA Type B, Base 1542 TON 27 HMA Type B, Surface 771 TON 28 Asphalt Surfacing & Striping System 1 L SUM 29 Concrete Surfacing and Striping 0 L SUM Bidder (Firm): Address: City/State/Zip: By DIVISION C TOTAL Tarkett Sports Construction — Central, LLC 600 SW Jefferson Street, Lee's Summit, MO 64063 (Signature) Jake Jackson (Printed Name of Person Signing) Version 1/3/2025 Contractor's Bid for Public Works - 12 Telephone ( 855 ) 697-4194 Number: When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIDHNATION 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 Missouri ) ) SS: Jackson COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Version 1/3/2025 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, firms, 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 contract or employment, or any matter directly or indirectly related to contracting or employment because of race, sex, religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation, or due to age or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions will consider the Contractor's good faith efforts to obtain participation by those subcontractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. Contractors seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal -eligible contracts, Contractors are required to either meet both MBE and WBE utilization goals or demonstrate that the Contractor has made good faith efforts to obtain participation from MBE and WBE subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact to which the discriminatory practice or noncompliance pertains. 7. The undersigned Contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 1/3/2025 Contractor's Bid for Public Works - 5 may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 13 t h day of May 2025 Tarkett Sports Construction - Central, LLC Contractor/Bidder (Firm) S'gna e of Contractor/Bidder or Its Agent Jake Jackson Vice President Printed Name and Title Subscribed and sworn to before me this 13th day of May I 120 25 My Commission Expires 01 / 0 2 / 2 0 2 8 A,. ��./"'��-Y�E� otary Public County of Residence Jackson LYN SMITH c - Notary Seal MISSOURI of Jackson[:TIAYLOR xpires: Jan. 02. 2028 n 0 0348557 Version 1/3/2025 Contractor's Bid for Public Works - 6 . H Li M3 S , Surety O + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, DU 08889-1650 Federal Insurance Company AIA Document A31OTM - 2010 Bid Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name, legal status and address): Tarkett Sports Construction - Central, LLC 600 SW Jefferson St. Lee's Summit, MO 64063 OWNER (Name, legal status and address): City of South Bend, Indiana, Board of Public Works 227 W Jefferson Blvd. South Bend, IN 46601 BOND AMOUNT Five Percent of Amount Bid (5%) SURETY (Name, legal status and principal place of business): Federal Insurance Company 202B Halls Mill Rd., PO Box 1650 Whitehouse Station, NJ 08889-1650 PROJECT (Name, location or address, and Project number, if any) VPA Leeper Court Reconstruction, Project #124-022, 907 Riverside Dr. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (ALA) by Chubb. The language in this document conforms to the language used in AIADocumentA310 r111-2010. Form 15-02-0575-FED (Rev. 3/17) When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this (Witness) 8th ( , kL,- 00-- (Witness) J k' Bryant day of May, 2025 Tarkett Sports Construction - Central, LLC B (P cipal) UR (Title) Federal Insurance Company ! V By: Vv (Attorney -in -Fact) Jeffrey M. Wilson (CorporateSeai) (Corporate Seal) Printed in cooperation with the American Institute of Architects (ALA) by Chubb. The language in this document conforms to the language used in AI4DocumentA310T61-2010. Form 15-02-0575-FED (Rev. 3/17) -A U B B Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Samuel F. Audia III, Anna Childress, Mark W. Edwards II, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia; Richard E. Daniels of Pensacola, Florida and Robert M. Verdin of Metairie, Louisiana------------------------------------------------------------------------------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 7d, day of May, 2025. < Rupert HD SteirdeRs. Assistant Secnetan, STATE OF NEW JERSEY County of Hunterdon Ss. Stephen NI, I lanq. Vice Prosidem On this 7th day of May, 2025 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power ofAttorney, and the said Rupert HD Swindells and Stephen M. Haney, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal rr JES�'ti Albert Contursi NOTARY PUBLIC OF N ELV JERSEY No 50202369 Commission Expires August 22,2027 Notary Publie CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY an December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business Ceach a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies"i do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this May 08, 2025 Rupert HD Swindells, A ss istant Secmtanr 1N THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 906 903-3493 Fax 906 903-3656 e-mail: sure @chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN<! FORM MBE-1.0 MBE UTILIZATION PLAN H, , This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE participation. It is the bidder's sole responsibility to verify whether any listed minority -owned business meets the MBE qualifications. ***Goals should be calculated based on the Base Bid only.*** Project Number: Bidder: 124-022 Project Name: VPA LEEPER COURT RECONSTRUCTION Tarkett Sports Construction - Central, LLC Total Bid Amount: $ Z, (SE 4 07 Q. 00 MBE Goal: 1.21% Page of Name & Address of MBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBE Component Percentage of Total Bid/Proposal lst Class Logistics, LLC 2213 St. Charles Ave South Bend, IN 46614 Bernard Coutee (574)993-0071 Trucking, Aggregate Supplier $148,736.43 o� Submitted by: Jake Jackson w Print Name gignatdre ***Goals should be calculated based on the Base Bid only.*** Version 1/3/2025 Contractor's Bid for Public Works - 13 5/13/2025 Date !THe�� CITY OF SOUTH BEND 1�F® MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. ***Goals should be calculated based on the Base Bid only.*** Project Number: 124-022 Project Name: Bidder: Tarkett Sports Construction - Central, LLC VPA LEEPER COURT RECONSTRUCTION Total Bid Amount: 12^_, 15s, g7o.00 WBE Goal: 4.08% Page of Name & Address of WBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of WBE Component Percentage of Total Bid/Proposal Javelina Construction 13376 Britton Park Rd Fishers, IN 46038 John Mills (317)223-3456 Asphalt Milling/Demo $18,509.54 �5�6 Submitted by: Jake Jackson Print Name Si natur ***Goals should be calculated based on the Base Bid only.*** Version 1/3/2025 Contractor's Bid for Public Works - 14 5/13/2025 Date CITY OF SOUTH BEND u MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN1` r" FORM MBE-2.0 x EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBE participation. Project Number: 124-022 Date: 5 / 13 / 2 0 2 5 Project Name: VPA LEEPER COURT RECONSTRUCTION Bidder: Tarkett Sports Construction - Central, LLC Contact Person: Jake Jackson Telephone: (855) 697-4194 Address: 600 SW Jefferson Street City: Lee ' s Summit State: MO Zip: 64063 Email: sportsbids@pcc.build To determine whether a bidder has demonstrated good faith efforts to reach the MBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department JJ of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: htt ://www.in. ov/idoa/. GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of JJ 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 JJ performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. JJ I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. JJ I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications JJ concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner JJ reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for MBEs to participate effectively. JJ I affirm that I followed up on initial solicitations with interested MBEs. I affirm that I negotiated with interested MBEs in good faith, including providing such MBEs JJ with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding, JJ lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 1/3/2025 Contractors Bid for Public Works - 15 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary JJ equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any MBEs as unqualified without sound business reasons based JJ on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 1/3/2025 Contractor's Bid for Public Works - 16 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: 124-022 Date: 5 / 13 / 2 0 2 5 Project Name: VPA LEEPER COURT RECONSTRUCTION Bidder: Tarkett Sports Construction - Central, LLC Contact Person: Jake Jackson Telephone: (855) 697-4194 Address: 600 SW Jefferson Street City: Lee's Summit State: MO Zip: 64063 Email: sportsbids@pcc.build To determine whether a bidder has demonstrated good faith efforts to reach the WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS WBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department JJ of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: htt ://www.in. ov/idoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of JJ Indiana Minority and Women Business Enterprises, found on their website (hftp://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be JJ performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available JJ means the interest of all WBEs in the scopes of work of the contract. JJ I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications JJ concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner JJ reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. JJ I affirm that I followed up on initial solicitations with interested WBEs. I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs JJ with adequate information about the plans, specifications and other requirements of the subcontract. JJ I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 1/3/2025 Contractor's Bid for Public Works - 17 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested WBEs in obtaining JJ necessary equipment, supplies, materials, or related assistances or services, where appropriate. JJ I affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 1/3/2025 Contractor's Bid for Public Works - 18 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.1 MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder's sole responsibility to verify whether any listed minority -owned business meets the MBE qualifications. Attach additional pages if necessary. PAGE OF Project Number: 124-022 MBE Participation Goal) .21 Project Name: VPA LEEPER COURT RECONSTRUCTION Bidder: By: �iarkett Sports Construction - Central, LLC Vice President (Title) 5/13/2025 (Date) MBE Firm 1st Class Logistics, LLC Owner or Contact at MBE Firm Bernard Coutee Telephone: (574)993-0071 Fax: N/A Email: lstclasslogistics2013@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Trucking, Aggregate Supplier RESULTS OF CONTACT WITH THE MBE FIRM: 1st Class Logistics, LLC gave a quote. MBE Firm Owner or Contact at MBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE FIRM: Version 1/3/2025 Contractor's Bid for Public Works - 19 ut ru t CITY OF SOUTH BEND`~ MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE OF Project Number: 124-022 WBE Participation Goal 4 -Mol Project Name: VPA LEEPER COURT RECONSTRUCTION Bidder: Tarkett Sports Construction - Central, LLC By: Vice President 5/13/2025 i at re) (Title) (Date) WBE Firm V&R Trucking Owner or Contact at WBE Firm N/A Telephone: N/A Fax: N/A Email: rfightingirish@aol.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Trucking/Hauling & Aggregate Supplier RESULTS OF CONTACT WITH THE WBE FIRM: No Response from Company. WBE Firm Slusser' s Green Thumb Owner or Contact at WBE Firm N/A Telephone: (800) 762-7442 Fax: N/A Email: info@slussers.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Landscaping, Erosion Control RESULTS OF CONTACT WITH THE WBE FIRM: No Response from Company. Version 1/3/2025 Contractor's Bid for Public Works - 20 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Project No. For Bids Due VPA LEEPER COURT RECONSTRUCTION 124-022 May 13, 2025 s° H 8F x U � J W V�k_ rR.nce r'.2 1865 # From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond. / Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely ✓ executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of M/WBE Utilization Plans [MBE-1.0 and WBE-1.0]. Also provide Evidence of Good / Faith Efforts Forms [MBE-2.0 and WBE-2.0] and M/WBE Contacted Forms [MBE-2.1 and ✓ WBE-2.1]. 2 ✓ Acknowledge Receipt of - i— Addendum(s) included with the bid. All required additional information is included with the bid. / Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. 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: Tarkett Sports Construction - Central, LLC Date: 5/13/2025 By Authorized Repres Signature: Print Name & Title: Jake Jackson Vice President Version 1/3/2025 Contractor's Bid for Public Works - 1 PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 'I fa-%e 2. Attach a listing ofpublic works projects currently in process of construction by your organization. Imo% 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. V,\� i! 4. Attach references from private firms for which you have performed work. lac(; ec( 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 i4 consider your bid.) ��I� �2Q 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. Real KM Qr , 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. ICI eCx A4ad ed 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 1/3/2025 Contractor's Bid for Public Works - 3 lu \ U� ioti� �k` 1316 COUNTY -CITY BUILDING PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD ��_ �Rfi5 / FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 TDD 574/ 235-5567 CITY OF SOUTH BEND, JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subj ect April 25, 2025 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 1 Project Name: VPA LEEPER COURT RECONSTRUCTION Project Number: 124-022 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: H -15 - 2 C Z-S- This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Tarkett Sports Construction — Central, LLC Authorized Signature; Date: 5/13/2025 Version 4/2/2015 J 1316 COUNTY -CITY BUILDING L !� PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD J a FAx 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 MACE � TDD 574/ 235-5567 it ■ 1865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subject Project Name: Project No.: May 2, 2025 All Planholders Lidya Abreha, Project Manager Addendum Number: 2 VPA Leeper Courts Reconstruction 124-022 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: '5-2-2G2S This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your Proposal package upon submittal. THIS ADDENDUM MAY AFFECT YOUR PROPOSAL. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Tarkett Sports Construction - Central, LLC Authorized Signature: Date: 5/13/2025 1/2 Tarkett Sports Construction - Central, LLC Project References: Post -Tension Tennis References • Fred Prazeau: fprazeau@context-design.com, (317)698-6885 • Kyle Miller: kmiller@schmidt-arch.com, (317)263-6226 • Salum Stutzer: salum.stutzer@fhsdschools.org, (636)851-6172 Previous Projects Performed/Completed: IN Wes -Del High School 1 Track, 1 Football Field 5 3,089.209.D0 Post Tension Precision Construction and Contracting, LLC MO Jarret Middle School 1 Track 5 =9-,00C.CC Asphalt Tracks Precision Construction and Contracting, LLC Kr Whitley County Middle School I Track 5 755,746.00 Post Tension Precision Construction and Contracting, LLC IN Aiezandna-Monroe High School 1 Track 5 396,019.00 Asphalt Track Precision Construction and Contracting. LLC MO East Buchanan High School 1 Track 5 964,103.00 Asphalt Track Precision Construction and Contracting, LLC LA Grambhng State University 1 Track, Mill & Overlay 5 9JQ984.X Asphalt (Mi!I & Overlay) Precision Construction and Contracting, LLC LA Shreveport School District 6Tracks S 5,819,814.70 AsphaltTracks Precision Construction and Contracting, LLC F:S MiclAmerica Nazarene University Track & Special Events 5 1,692-19.00 Asphalt Track Precision Construction and Contracting, LLC AR Caddo Hills High School 1 Track S 1,562,607.72 Post Tension Precision Construction and Contracting, LLC IN Northwood Middle School 1 Track 5 714,736.00 Pest Tension Precision Construction and Contracting. LLC IN Northwood High School 1 Track S 1,821,194.00 Post Tension Precision Construction and Contracting, LLC IN Tipton High Schoo: 8 Tennis Courts. 1 Football Field, I Track 5 2,112,64040 Aspha:tTrack Precision Construction and Contracting, LLC IN Zionsville Community Schools 12 Tennis Courts S 2,240,134.D0 Post Tension Precision Construction and Contracting, LLC IN North Central High School 27 Tennis courts S 3,093,291.00 Post Tension Precision Construction and Contracting, LLC AR Osage 4 Pickleball Courts S 166,650.00 Post Tension Precision Construction and Contracting, LLC Tx Alice ISD 1 Track. 4 Tennis Courts S 1.944.177.D0 Post Tens on Precision Construction and Contracting, LLC OK Choctavr High School Design Build Baseball & Softball 5 1,791,728.00 N/A N/A OK Jenks High School Softball Turf Field 5 1,199,000.00 Post Tens. on Base Under Tu f Precision Construction and Contracting, LLC MO Francis Howell 8 Tennis Courts 5 1,220,OD0.00 Post Tension Precision Construction and Contracting, LLC IN FAisha.:aka High Schoo« 8 Tennis Courts 5 1.291.-22.00 Post Tension Precision Construction and Contracting, LLC IN Rensselaer High School 6 Tennis Courts 5 829,085.00 Post Tension Precision Construction and Contracting, LLC FAO Minor Park 8 Pickleball Courts 5 379,DCC.DO Post Tension Precision Construction and Contracting, LLC IN Madison Consildated High School 10Tennis Courts 5 1,147,096.D0 Post Tension Precision Construction and Contracting, LLC IL Charleston High Schoo 6 Tennis Courts S 508,82=.=8 Post Tens: on Precision Construction and Contracting, LLC IN Boonville 8 Pickleball Courts S 349.92900 Post Tension Precision Construction and Contracting, LLC MO Bolivar High School 8 Tennis Courts 5 1,178.754,33 Post Tens on Pre—slon Construction and Contracting, LLC MO Odessa High School 8 Tennis Courts 5 853,930.00 Post Tension Precision Construction and Contracting, LLC Fd0 Liberty High Schoo; 8 Tennis Courts 5 1,352.998.00 Post Tension Precision Construction and Contracting. LLC 1`110 Warrensburg High School 8 Tennis Courts 5 697,705.59 Post Tension Precision Construction and Contracting, LLC IN Riverside Junior High School 6 Tennis Courts 5 1,17e,597.00 Post Tens on Precision Construction and Contracting, LLC IN Westfield Washington High Schoo' 15 Tennis Courts 5 6,181,621.00 Post Tension Precision Construction and Contracting, LLC IN Brownsburg High Schoo; Phase ! 14 Tennis Courts S 4,0K ,714.00 Post Tension Precision Construction and Contracting, LLC KS Babs Lacynge 2 Pickleball Courts 5 135,061.00 Post Tension Precision Construction and Contracting, LLC IN Boonville 8 Pickleball Courts 5 349,929.00 Post Tens on Precision Construction and Contracting, LLC MO Independence Plaza 2 Pickleball Courts S 92,650.00 Post Tension Precision Construction and Contracting. LLC MO Minor Park 10 Pickleball Courts 5 379,600.00 Post Tension Precision Construction and Contracting, LLC KS Wyco Lake I Pickleball Court Surfacing 5 6,770.08 N/A N/A !A Okobop Speier 1 Pickleball Court Surfac!!.ng 5 9,-90.=1 NjA N/A NE Peterson Park 4 Pickleball Courts 5 264,076.55 Post Tens on Precision Construction and Contracting, LLC KS Youngs Park 1 Pickleball Court 5 56.97C.00 Post Tension Precision Construction and Contracting, LLC AR Osage 8 PicklebaI I Courts 5 165,650.00 Post Tens: on Precision Construction and Contracting. LLC 0H Rover Valley High Schco' 5 Tennis Courts 5 634,075.00 Pest Tens -on Precision Construction and Contracting, LLC Westfield Icourts $ 71,379.54 Franklin Central Jr. HS Site Improvements Icourts $ 300,224.52 Avon High .School Tennis (Fall 2024) Courts $ 236,614.00 Decatur Central Amentities/BB/SB Fields $ 1,804,467.00 Decatur Central BB/SB (Fieldturf) Fields $ 1,525,537.75 Brownsburg Phase 2 MS PT Tennis (Mobilize 02/12/2025) Courts $ 1,171,060.00 Tippacanoe PT Track Track $ 1,375,908.00 Carmel High School Tennis Courts Courts $ 2,039,381.11 Murray PB Association Courts $ 183,067.40 Illiana IN Christian HS Turf Conversion (June 2025) Fields $ 535,250. Western Boone PT Tennis (April 2025) Courts $ 2,964,590. Concord, IN (June or end of 2025) PT Track Track $ 1,301,995.1 Concord HS Football Field Fields $ 955,700. Penn HS ACO Drains Track $ 20,250.0 Bloomington North High School - Tennis Courts Courts $ 3,633,628. Hamilton Southeastern Tennis (Start May31th, COMP Oct 31) Courts $ 2,665,356. West Lafayette Schools Courts $ 2,099,910. Pike HS Track Repairs Track Surfacing $ 3,292.0 Lennar Homes - Osborne Trails Courts $ 388,800.00 Lennar Homes - The Timbers Courts $ 133,000.00 Homestead PT Track (NTP March 28th)COMP Aug 1 Track. $ 2,283,645.00 River Ridge Middle School - Track and Field Track. $ 1,642,950.00 New Castle High School Asphalt Track Track $ 912,350.00 Village of St Henry Tennis Courts Courts $ 771,770.00 Lincoln King HS Football Field Fields $ 1,105,428.00 Tolson Center Soccer Fields $ 340,277.00 ftTar SPORTS CONSTRUCTION SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE. 1. Once awarded the project, we will have our team start post bid documentation and set up for all submittals and approval. Also, providing construction milestones that will be achieved during construction, once all information is confirmed by owner parties, we will commence construction and hold biweekly/weekly progress meetings depending on the amount of construction per schedule. Any information or major events will be shared through email on -site. PCC Sports once construction is almost complete final walkthrough and punch list will be completed along with post -construction documentation. 2. Leslie Coatings - athletic court/latex track surfacing. we have used and completed high quality projects with Leslie Coatings surfacing most recently Tipton HS. 3. 1 st Class Logistics, LLC — Trucking & Aggregate Supplier. Javelina Construction — Asphalt Milling & Demo. 4. Skid Steer, Excavator, Double smooth drum roller, Ride on Trowell, Skid Steer with Laser 5. Have received quotes for the materials and subcontractors will submittal Purchase Orders and Subcontract Agreement once awarded. Tarkett Sports Construction 600 SW Jefferson Street Lee's Summit, MO 64063 Ut Outlook FW: VPA Leeper Court Reconstruction Project From Kale Jacobs <kjacobs@pcc.build> Date Mon 5/12/2025 3:35 PM To Zachary Munsterman <z.munsterman@pcc.build> Correspondence Kale Jacoh!,, Estimator Mobile: 660-200-6330 Email: &jacobs@occ.build Website: pcc-sm fft-TarkeftsPORTS AV CONSTRUCTION From: Kale Jacobs Sent: Wednesday, May 7, 2025 5:13 PM To: rfightingirish@aol.com Cc: Zachary Munsterman <z.munsterman@pcc.build>; Brad Whitaker <b.whitaker@pcc.build> Subject: RE: VPA Leeper Court Reconstruction Project Good evening, Just following up regarding this project to see if you all are interested in bidding. We are coming up on the bid date which is next Tuesday, the 131h. Please let us know. Thank you, Kale Jacobs Estimator Mobile: 660-200-6330 Email: kjacobs@pcc.b 'I Website: pcosport =rn f-tTarkeftSPORTS CONSTRUCTION From: Kale Jacobs Sent: Tuesday, May 6, 2025 7:41 AM To: P hChlii ,�il,ir;l1,com Cc: Zachary Munsterman <z munsterman@,pcc.build>; Brad Whitaker <b.whitaker@pcc.build> Subject: VPA Leeper Court Reconstruction Project Good morning, this is Kale with Tarkett Sports Construction Central. We are looking at bidding the Leeper Park Tennis Facility project in South Bend, Indiana. The job address is 837 N Lafayette Blvd, South Bend, IN 46601. We are needing someone for the trucking side of things for this project. There will be a decent amount of haul off and haul in. We would most likely use you for trucking out the demo work, which is asphalt millings, concrete demo, fence demo, etc. I think we would also possibly use you for trucking in the aggregate that we need for the new tennis courts slab. If you guys could please provide us with your trucking rates that would be great. Also, if you have any places for dumping all of this demo, a price for that would be great, or any contact information for places we can reach out to. Please let me know if you have any questions and/or concerns regarding this project. Thank you, Kale Jacobs Estimator Mobile: 660-200-6330 Email: k.j bs pcc bu' d Website: pcc- ports.com RftTarkeftSPORTS CONSTRUCTION Outlook FW: VPA Leeper Court Reconstruction Project From Kale Jacobs <kjacobs@pcc.build> Date Mon 5/12/2025 3:36 PM To Zachary Munsterman <z.munsterman@pcc.build> Correspondence Kale Jacobs Estimator Mobile: 660-200-6330 Email: kjacob_a c. ild Website: per sports.com lftTarkeftSPORTS CONSTRUCTION From: Kale Jacobs Sent: Wednesday, May 7, 2025 5:14 PM To: info@slussers.com Cc: Zachary Munsterman <z.munsterman@pcc.build>; Brad Whitaker <b.whitaker@pcc.build> Subject: RE: VPA Leeper Court Reconstruction Project Good evening, Just following up regarding this project to see if you all are interested in bidding. We are coming up on the bid date which is next Tuesday, the 13th. Please let us know. Thank you, Kale Jacobs Estimator Mobile: 660-200-6330 Email: k.j cob p c.buil Website: pcc-sports.com RO TarkettSPORTS CONSTRUCTION From: Kale Jacobs Sent: Tuesday, May 6, 2025 7:30 AM To: info@sIusser;.com Cc: Zachary Munsterman <zmunsterman(�pcc.build>; Brad Whitaker <b.whitaker@pcc.build> Subject: VPA Leeper Court Reconstruction Project Good morning, this is Kale with Tarkett Sports Construction Central. We are looking at bidding the Leeper Park Tennis Facility project in South Bend, Indiana. The job address is 837 N Lafayette Blvd, South Bend, IN 46601. There will be a decent amount of Landscaping and Erosion Control work that is going to be needed to be able to complete this project. I am going to attach the plans and specs for this project, please see below: 1:1Plans and SDOCS There are also a couple of addendums that should be in the folder as well. Please let me know if you have any issues accessing the plans, specs, and addendums. Big Scope looks to be the typical SWPPP work, inlet protections, silt fence, tree protection, etc. Then there will also be seeding for the site post construction for the disturbed areas. If you can please take a look at the project and let us know if you would be interested in bidding this that would be great. This project is bidding on Tuesday, May 131h. Please let me know if you guys have any questions. Thank you, Kale Jacobs Estimator Mobile: 660-200-6330 Email: kjacobs pcc.build Website: pcc-sports.com TarkettSPORTS CONSTRUCTION CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name VPA LEEPER COURT RECONSTRUCTION Project No. For Bids Due 124-022 May 13, 2025 Contractor Name: Tarkett Sports Construction — Central, LLC 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. **THIS FORM ONLY APPLIES TO BIDS GREATER THAN $250,000. ** INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section II only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 71 of The Responsible Bidding Ordinance No. 10975-23 (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") 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 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 6-71 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 6-71 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 1/3/2025 General Conditions - 11 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-72 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 two -hundred fifty thousand dollars ($250,000.00), 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 for projects greater than $250,000 and all subcontractors performing work greater than $250,000 on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 1/3/2025 General Conditions - 12 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (iii) _ By checking this box, I hereby acknowledge that apprenticeship and training programs that I participate in have graduated at least five (5) apprentices in each of the past five (5) years. (iv) _ By checking this box, I hereby acknowledge that all subcontractors performing work greater than $250,000 also meet the qualifications of the Responsible Bidder Ordinance. (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. This includes, but may not be limited to, letters from apprenticeship coordinators detailing the bidder's association with the program, and the United States Department of Labor Office of Apprenticeship Certificates of Registration of Apprenticeship Programs for each type of work to be performed on the project. Version 1/3/2025 General Conditions - 13 II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowled,9ements: (i) ./ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (v) By checking this box, I hereby acknowledge that apprenticeship and training programs that I participate in have graduated at least five (5) apprentices in each of the past five (5) years. (vi) By checking this box, I hereby acknowledge that all subcontractors performing work greater than $250,000 also meet the qualifications of the Responsible Bidder Ordinance. (b) Attachments: ✓ (i) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole ✓ proprietors or partnerships). (ii) List identifying all former business names. (iii) ✓ 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) Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I f am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (v) V3 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. This includes, but may not be limited to, letters from apprenticeship coordinators detailing the bidder's association with Version 1/3/2025 General Conditions - 14 the program, and the United States Department of Labor Office of Apprenticeship Certificates of Registration of Apprenticeship Programs for each type of work to be performed on the project. (vi) 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. (vii) 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. (viii) 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. (ix) _✓ 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: 5/13/2025 n H efe) Jake Jackson (Print Name Here) Tarkett Sports Construction — Central, LLC (Name of Company) 600 SW Jefferson Street (Address of Company) Lee' s Summit (City) MO (State) (855)697-4194 (Telephone Number) Version 1/3/2025 General Conditions - 15 O'Tar USPORTS CONSTRUCTION i Please see attached ii Former Business Names: Precision Construction and Contracting, LLC dba PCC Sports iii No determinations have been made. iv Tarkett Sports Construction — Central, LLC has the employees to complete the work proposed. v The individuals performing the work are employees of Tarkett Sports Construction — Central, LLC vi Please see Attached vii Please See Attached viii Tarkett Sports Construction - Central, LLC has no liens ix Please see attached Tarkett Sports Construction 600 SW Jefferson Street Lee's Summit, MO 64063 CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC WORKS PROJECTS to the STATE OF INDIANA This Certification Board, having duly considered application for qualification in terms of apparent experience and financial resources; and under the applicable Indiana Code 4-13.6-4 and adopted rules of this Board, hereby issues a Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: PRECISION CONSTRUCTION AND CONTRACTING LLC 600 SW JEFFERSON ST LEE'S SUMMIT MO 64063 Phone 855-697-4194 Fax Company Official BRANDONJACKSON for the twenty-seven month period stated herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1771.01 Concrete Construction CERTIFICATION DATE 12/5/2023 EXPIRATION DATE 3/5/2026 THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA, PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINGTON STREET, ROOM W467, INDIANAPOLIS, INDIANA 46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. Tracy L. Cross, Executive Secretary Certification Board DAPW PQ2 Stale Form 3993R Rev. 07/06 4.0 FITNESS FOR DUTY PCC Construction Group, LLC and its Subsidiaries and Affiliates (collectively, "PCC") have a vital interest in maintaining a work environment that promotes the health, welfare, and safety of our employees and those with whom PCC employees are in contact. Employees are expected to be fit for duty and no be under the influence of drugs or intoxicants poses unnecessary and unacceptable safety and health risks, not only to the user but to all those who work with the user. PCC has enacted and will carry out the reasonable measures it deems appropriate for ensuring a drug and alcohol -free workplace. PCC's Fitness for Duty Policy is detailed below. In summary, PCC's policy with respect to the use or possession of drugs or intoxicants on PCC Property and reporting for work under the influence of any intoxicant, is one of Zero Tolerance. Violation of this Policy will result in disciplinary action up to and including termination, as explained below. If the individual who commits the violation is a subcontractor employee, consultant, or any person working directly or indirectly on behalf of the subcontractor subject to this Policy, they will be prohibited from further work on PCC projects. If an employee believes that they cannot perform safely or effectively, they should inform their supervisor. The use, presence in one's system, possession, transfer, manufacture, dispensation, distribution, sale of non- prescription drugs or alcoholic beverages or the misuse of prescription drugs on PCC Property is not tolerated. No PCC employee, subcontractor (including subcontractor employees or any person working directly or indirectly on behalf of the subcontractor), or visitor shall report to work or to PCC Property under the influence of intoxicants. Any PCC employee violating this policy will be terminated. In order to enforce this policy, all persons subject to the policy must take a Fitness for Duty Test upon request and are required to do so within twenty-four (24) hours of notification. Refusal to take the test will result in voluntary resignation for an employee. Non - negative results from a Fitness for Duty Test may be grounds for termination of employment. Further, PCC reserves the right to perform inspections of persons, personal property, or vehicles located on PCC Property or jobsites in order to ensure a drug and alcohol -free workplace. If an employee believes the non -negative result is in error, they may have another test performed at the same facility, at their own cost. If the result returns negative, PCC will reimburse the employee the cost of the test. All searches, inspections, and testing will be performed with appropriate concern for personal privacy, dignity, and confidentiality. The results of Fitness for Duty tests will be considered as confidential and disseminated on a need -to- know only basis or as may be legally required or permitted. Fitness for Duty test records shall not be maintained in personnel files. The discovery 1IPage of illegal substances, drugs, stolen property, and other illegal acts may result in notification of the proper law enforcement agencies. Employees (and applicants) subject to federal drug testing regulations (e.g., employees in safety sensitive jobs or employees working on DOT -funded projects) will be tested pursuant to those regulations, as well as this Fitness for Duty policy. PCC reserves the right to amend this Policy at its sole discretion or as necessary to comply with contract requirements, union agreements, local, state, or federal laws. PCC further reserves the right to change the testing limits and panel procedures as advances in technology or other considerations warrant identification of the named substances or additional substances in different concentrations or through different screening techniques. PCC recognizes that chemical dependency is a serious health problem and encourages all employees to seek assistance for such problems prior to becoming subject to discipline under this or other PCC policies. Reasonable efforts will be made to provide any accommodation requested by an employee. Such requests will not excuse employees from future compliance with PCC standards of conduct or performance. Appropriate procedures have been established to maintain strict confidentiality. Employees are responsible for conducting all aspects of their employment in compliance with the Fitness for Duty Policy. All employees hired are required to sign the Acknowledgement, Consent, and Agreement to Comply form as a condition of employment. 1. Definitions a. Alcohol Test — Tests for breath alcohol concentration conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved testing device, which appears on ODAPC's Web page as an approved device as set forth in 49 CFR Part 40, operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test will be performed using a NHTSA- approved evidential breath testing device (EBT) operated by a trained breath alcohol technician (BAT). The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout along with an approved alcohol testing form will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. b. Applicant — Any person requesting employment with PCC c. Benefits: Health, life, disability, leave, or other similar programs sponsored by PCC for the exclusive use of its employees. d. PCC: PCC, any affiliate or subsidiary of PCC Construction Group, LLC, or any Joint Venture in which PCC or a subsidiary or affiliate participates. e. PCC Property: Any property owned, rented, leased, or used by PCC for business purposes including, but not limited to, construction sites, parking lots and vehicles, buildings, and 21 P egg; undeveloped land. f. PCC Sensitive Job: A position or job in which PCC deems the employee's potential impaired job function creates situations where an act (or failure to act) is likely to cause injury to others or damage to property. Jobs within this category may include but are not limited to: i. Crane operators, teamsters, and electricians. ii. Employee whose primary occupation is driving a vehicle (All CDL drivers are subject to and shall abide by all DOT and HHS regulatory requirements); and iii. Employee whose primary occupation is operating equipment including, but not limited to, excavators, drill rig, piledrivers, hoists, bulldozers, forklifts, skid steers (bobcat), lulls, and loaders. g. Confirmatory Test Cutoff Limits: Level at which the presence of an intoxicant is verified in a sample using the gas chromatography/mass spectrometry (GC/MS) technique or through an enzyme, evidential breath test, or blood test for alcohol. Levels are identified for alcohol and each drug tested on the chart on page 6 of this Policy. h. Designated Employer Representative (DER): Appointed liaison coordinating PCC's regulated and non -regulated drug tests. Individual to whom the test results are released to, is the Vice President, Human Resources, or his/her designee. i. Controlled Substance — Marijuana (THC), Cocaine, Amphetamines (Amphetamine, Methamphetamine, MDMA, MDA), Opioids (Codeine, Heroin, Morphine, Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone), Phencyclidine (PCP). j. Covered Employees —All employee positions on a partially or fully FTA funded project whose duties include any Safety -Sensitive Functions (see paragraph G below). All other employees are covered under PCC's Fitness for Duty Policy. k. Drug i. Any intoxicant made illegal by any local, state, or federal law or misuse of prescription medications or: ii. Any prescription medication unless prescribed by a medical practitioner for the Covered Employee and used by the Covered Employee at the dosage prescribed. a. Medical Review Officer ("MRO") — A licensed physician with knowledge of substance abuse disorders who is responsible for reviewing and interpreting confirmed positive test results obtained in accordance with this Policy. b. Safety -Sensitive Function — The DOT has defined a "safety -sensitive function" as: 3� i. Operating a revenue service vehicle, including when not in revenue service. ii. Maintaining (including repairing, overhauling, and rebuilding) a revenue service vehicle or equipment used in revenue service (e.g., track maintenance, signal work). iii. Controlling dispatch/movement of a revenue service vehicle. iv. Operating a non -revenue vehicle requiring a CDL; or v. Carrying a firearm for security purposes. c. Test for Controlled Substances — A lawful and scientifically accepted analytical method and procedure for screening Controlled Substances by a certified laboratory or licensed medical facility as required by law. Urine sample collection will be conducted with due regard to the privacy of the individual providing the sample and in a manner reasonably calculated to prevent substitution or contamination of the sample. When permissible by law and necessary for program management, urine samples may be collected by trained, authorized PCC personnel. i. Current approved methods for initial screening include EMIT (Enzyme Multiplied Immunoassay Technique) screening at a laboratory. ii. The method currently used for confirming specimens that initially tested non - negative is gas chromatography/mass spectrometry (GC/MS). iii. Appropriate procedures have been established to maintain a strict chain of custody and to maintain confidentiality of all test results. iv. PCC may change the methods for testing for Controlled Substances in its sole discretion, subject to Federal Regulations. 1. Testing for Drugs and Alcohol Applicants: All offers of employment are contingent upon an Applicant receiving a negative result from a Fitness for Duty Test. Pre- employment testing for PCC Sensitive Jobs will also include testing for alcohol. A non -negative test result will require the specimen to be sent to a certified laboratory or medical facility for review. Such a test is voluntary but refusing to take the test will mean that the Applicant has voluntarily withdrawn their application for employment. Should the test for an Applicant who has not started work reveal intoxicants at or above the Confirmatory Limits, any offer of employment will be withdrawn. An Applicant who tests non -negative may be reconsidered for employment after 180 days. However, if such person is hired, then they will be subjected to Return to Duty Testing as deemed appropriate by PCC. An Applicant will not be allowed to start work and will not be paid until receipt of a negative test result. Should the test result indicate intoxicants at or above the Confirmatory Limits, that Applicant will have voluntarily withdraw their application, and will not be eligible for reconsideration for hire for 180 days. The Applicant may only be considered for rehire in all cases with the prior approval of the Vice President of Human Resources. Employees: Employees are required to take a Fitness for Duty Test under the circumstances outlined below. Employees will sign a Consent Form that will be maintained by PCC. If the form is not signed, an Employee must still take all requested testing, or be subject to termination. Incident Testing: 4 1 P a g e All Employees involved in an Incident will be asked to take a Fitness for Duty Test immediately following the Incident, unless Employee drug use is not likely to have contributed to the Incident (e.g., bee sting or repetitive strain injury). Incident Testing will also include testing for alcohol. If immediate testing is not possible, the test must be performed within 24 hours of the incident. Such test is voluntary, but failure to take the test results in voluntary resignation of position. Reasonable Suspicion Testing: Any Employee whose behavior is such that there is a reasonable suspicion the Employee is using an intoxicant will be asked to submit to a Fitness for Duty Test. Such test is voluntary, but failure to take the test results in voluntary resignation of position. Random Testing: A percentage of employee population will be required to take a Fitness for Duty Test at unannounced times and places as permitted by law. The test population will be identified through a procedure used to ensure equitable distribution in the selection process. Selection for Random Testing is independent of any other provision or selection criteria for any other testing (pre -employment, incident, PCC Sensitive Job, or reasonable suspicion) under the Fitness for Duty Program. Such test is voluntary, but failure to take the test results in voluntary resignation of position. PCC Sensitive Job Random Testing: At least once every six (6) months, 25% of the Employees in PCC Sensitive Jobs will be required to take additional Random Testing for drugs and alcohol at unannounced times and places as permitted by law. Such test is voluntary, but failure to take the test results in voluntary resignation of position. Periodic Site Testing: The employee population at a selected construction site shall be required to take a Fitness for Duty Test at unannounced times, places, and projects as permitted by law. Selection for Periodic Site Testing is independent of any other provision or selection criteria for any other testing (pre -employment, incident, PCC Sensitive Job, or reasonable suspicion) under the Fitness for Duty Program. Such test is voluntary, but failure to take the test results in voluntary resignation of position. Return to Duty Testing: If an Employee is terminated for a violation of the Fitness for Duty Policy and is rehired in accordance with the terms of this Policy, they will be subject to all the types of testing listed above and shall also be requested to submit to additional Fitness for Duty Testing from time to time for a period of up to three years, as determined by PCC to ensure that the Employee remains Intoxicant free. • Re -hire Testing: Any former PCC employee under consideration for rehire by PCC is subject to Fitness for Duty Testing as an Applicant listed above. Subcontractor Employee Testing: Certain PCC projects may require all or a random portion of the Subcontractor personnel which includes the Subcontractor employees and/or any person working directly or indirectly on behalf of the Subcontractor to be tested under this Policy. This shall be determined on a project -by -project basis and will be based on insurance, contract, and/or 5 1 P cue client requirements and administered in accordance with applicable law. TESTING LIMITS The table below sets forth the Confirmatory Test cutoff limits for Alcohol and each Controlled Substance. DRUG OR INTOXICANT CONFIRMATORY TEST CUTOFF LIMITS Amphetamines (Bennies, speed, uppers, dexies, hearts, whites, crank) 250 ng/mL Cannabinoids (Marijuana, pot, weed, grass, hash, joint, reefer) 15 ng/mL Cocaine (Coke, crack, snow, crystal, nose candy, mother of pearl) 100 ng/mL Opioids (M., Miss Emma, smack, gum dust, schoolboy, juice, peres) 300 ng/mL Phencyclidine (PCP, angel dust, killer weed) 25 ng/mL Alcohol (Hooch, booze) .02 g/dL Barbiturates (Barbs, triads, uppers, dexies, hearts, whites, crank) 200 ng/mL Benzodiazepines (Alprazolam, Xanax TS, Apo-Alpraz, Niravam) 200 ng/mL Methadone (Coke, crack, snow, crystal, nose candy, mother of pearl) 200 ng/mL Propoxyphene (M., Miss Emma, smack, gum dust, schoolboy, juice, peres) 200 ng/mL MDA-Analogues; MDA, MDMA, MDEA (Ecstasy) 250 ng/mL Oxycodones (Cotton, Oxys, OCs) 100 ng/mL Verification: All Fitness for Duty Tests which show a presence of an Intoxicant in the initial screening will be confirmed by retesting of the original specimen using a technique known as gas chromatography/mass spectrometry (GC/MS) or other verification technology. If the retest reveals levels of Intoxicants beyond the Confirmatory Test Cutoff Limit (a positive result), the Applicant/Employee will be contacted by the MRO. An applicant/employee may refute a non - negative test result with an additional test using a portion of the original specimen. The additional test must have been requested in writing within 24 hours (or the next business day) of the applicant/employee being notified by PCC of the positive result from the initial Fitness for Duty Test. The additional test must be at a certified laboratory or licensed medical facility approved by PCC, and the Applicant/Employee must pay all costs associated with the additional test. If the result of the retest is negative and if PCC is satisfied that the initial test was in error, PCC may accept the negative result, and reimburse the cost of the additional test for the Applicant/employee and the employee may return to work or the Applicant hired. Other tests such as breathalyzer, saliva, hair, and blood tests may be subject to verification based on technology and legal requirements. Refusal to submit a sample includes: 6 1 P a g e Adulteration of the testing sample by addition of any substance to the testing sample that is meant to mask orhide the presence of drugs or alcohol. Failure to provide adequate testing sample for controlled substances testing without a valid medical explanation after they have received notice of the requirement for testing in accordance with the provisions of this part. Failure to provide blood, urine, saliva, hair or breath for controlled substances or alcohol testing without a valid medical explanation after they have received notice of the requirement for blood or breath in accordance with the provisions of this part. Engaging in conduct that clearly obstructs the testing process, and/or leaving the scene of an on-the-job incident. Substituting falsified (e.g., another individual's, synthetic, animal, etc.) urine, saliva, hair, or blood in place of the person required to supply the sample. Medication/Prescription Drugs/Physician's Care: After submitting to a Fitness for Duty Test, an employee may voluntarily provide the Medical Review Officer with documentation indicating that a positive result from the Fitness for Duty Test could have been caused by ingesting medication or prescription drugs as directed by their physician. If such evidence is presented to and accepted by the Medical Review Officer, a positive test result will not result in termination unless intoxicant levels indicate dosages in an amount in excess of that prescribed. Such information will be treated as strictly confidential. PCC does not prohibit employees from using prescription or over-the-counter drugs when used as prescribed, provided: The prescription drugs are prescribed to the employee for medical reasons by a licensed medical practitioner, with dosage and frequency of use prescribed on the label documentation. The employee's use of the prescription or over-the-counter drugs does not affect the employee's job performance or conduct; threaten the safety, productivity, public image or property of PCC or its employees; or result in criminal behavior. No Employee is to perform any function or duty on behalf of PCC if the drugs being taken under this provision adversely affect their ability to perform any such function or duty safely. All employees must report, in writing, to Human Resources the use of prescribed or over-the- counter medication that may affect their ability to work safely. Such information will be treated as confidential and will be disseminated on a need -to -know basis only. PCC may restrict the employee's work assignments while they continue to use such medication. Employees should keep all medication in its original container which identifies the drug. 2. Disciplinary Rules Penalties for Certain Violations Other Than a Non -Negative Fitness for Duty Test: Possession, use, sale, transfer, manufacture, or distribution of a drug/alcohol while on PCC Property or jobsites will result in disciplinary action up to and including termination at PCC's sole discretion. Criminal conviction based upon (a) sale, transfer, distribution, or possession with the intent 7 1 P a g e to distribute drugs or (b) manufacture of drugs, will result in immediate termination. If an Employee is convicted under any criminal drug statute for a violation, they must notify PCC within five (5) days of the conviction. Failure of an employee to timely notify PCC may result in termination. Prior to trial or a plea, an employee who is charged with any such crime may, at PCC's discretion, be subject to suspension, Fitness for Duty Testing, required counseling, termination, or other action. Reporting to work at any location while under the influence of intoxicants may result in immediate termination. Using a PCC vehicle during non -working hours, or for personal reasons, while being under the influence of intoxicants shall be the basis for disciplinary action, including counseling, revocation of vehicle use, suspension or, if appropriate, termination at PCC's sole discretion. Termination for Positive Test Result from a Fitness for Duty Test: An employee's positive result from a Fitness for Duty Drug Test will result in termination. An employee's positive result from a Fitness for Duty Test for alcohol will result in disciplinary action up to and including termination. Return to Duty Rehire After Positive Fitness for Duty Test: An employee may be considered for rehire after 180 days from termination upon providing evidence approved by the President or their designee of the employee's rehabilitation. The individual, if rehired, shall be subject to Return to Duty Fitness for Duty Testing, at any time, for a period of up to three (3) years after returning to employment. Failure to agree to such testing shall subject the employee to immediate termination. 3. PCC Sponsored Events If alcohol is served at PCC-sponsored events, employees attending such functions are required to comply with all applicable drug and alcohol and traffic control laws as well as PCC's standards of conduct as outlined in this Policy. Any legal infractions incurred by an employee as a result of their own actions are the sole responsibility of that employee. 4. Prohibited Behavior a. Covered Employees are prohibited from: b. Using any Controlled Substance at any time, except where such use is permitted by law. c. Using alcohol i. Within four (4) hours prior to performing a Safety -Sensitive Function. ii. While performing a Safety -Sensitive Function. iii. While on call to perform a Safety -Sensitive Function; or iv. Within eight (8) hours following an accident or until Post Accident Testing is performed. d. Performing a Safety -Sensitive Function while having an alcohol concentration of 0.02 81Pag,e or greater. e. Performing a Safety -Sensitive Function while under the influence of any Drug. f. PCC prohibits the use of any Controlled Substance or any other Drug that cannot be substantiated by medical evidence (i.e., a prescription) of legitimate therapeutic use. a. If a Covered Employee is taking a prescription drug, the Employee must notify Human Resources: i. If the prescription drug may alter their ability to perform Safety -Sensitive Functions; and/or ii. If the prescription for any drugs the employee is using indicates that one should not drive, operate machinery, or engage in hazardous activities. g. In the event that a Covered Employee's Test for Controlled Substances comes back positive due to a prescription drug, it shall be the Covered Employee's responsibility to provide the MRO with proof of a valid prescription in order for test results to be ruled negative. h. Use of Alcohol b. An employee will be removed from performing a Safety -Sensitive Function: i. When the results of an Alcohol Test indicate an alcohol concentration of 0.02 or greater; or ii. If the employee 1. Refuses to submit to required Alcohol Tests. 2. Is in possession of alcohol while driving; or 3. Is under the influence of or impaired by alcohol, as indicated by behavior, speech and performance indicators of alcohol misuse, and a Reasonable Suspicion Test for alcohol cannot be obtained. i. Covered Employees are prohibited from unlawfully manufacturing, distributing, dispensing, or possessing, Drugs or alcohol, in the workplace, or while on the job, except that possession of prescription medications covered by a valid prescription is permitted. Additionally, an employee who is convicted of a drug or alcohol offense which occurred in the workplace must notify their supervisor within 5 days. j. Violation of this Policy, including a positive result on a Test for Controlled Substances or an Alcohol Test, may result in immediate disciplinary action up to and including termination. 5. Pre -employment Testing a. A Pre -Employment Test will be conducted when: i. An applicant is selected to be hired for a position covered by this Policy. 91 ii. A current employee transfers from a position not covered by this Policy into a position covered by this Policy; and iii. An employee who has not been a Covered Employee for more than ninety (90) days becomes a Covered Employee. b. Covered Employees already employed on the effective date of this Policy and who continue to work in a covered position do not require a Pre -Employment Test. c. If a Pre -Employment Testis canceled, the individual will be required to submit to and pass another test. d. Pre -Employment Tests for disabled individuals unable to provide sufficient volume to be tested will be reported as negative if medical examination shows no evidence of prohibited drug use. e. If a Pre -Employment Test is non -negative, then the matter will be referred to the MRO for review, and an applicant or employee seeking a transfer into a position covered by this Policy who tests positive will not be hired unless and until PCC receives an opinion from the MRO stating that the positive test result should not be a bar to employment or transfer. Applicants and employees seeking a transfer into a position covered by this Policy may request to have their original sample retested, provided that their request is made to the MRO within 72 hours of the receipt of the final test result from the MRO. f. In the event that the MRO was not able to contact the applicant to discuss the results of their test, PCC shall notify the applicant of the results of a Pre -Employment Test, if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of their employment application. g. An applicant will not be allowed to start work and an employee seeking a transfer into a position covered by this Policy will not be allowed to perform Safety -Sensitive Functions until a negative test result is verified. Should the test results indicate the presence of Controlled Substances at or above the Confirmatory Limits (as set forth in Section 4.05.11): c. The applicant will not be allowed to start work and will not be eligible to be considered for employment for 180 days. They must still complete an approved DOT Return to Duty process. PCC will comply with conducting all Return to Duty and Follow-up testing for a period of 1 to 5 years. d. The employee seeking a transfer into a position covered by this Policy will be terminated and not eligible for re -hire for 180 days. e. In all cases, the applicant or employee may only be considered for re -hire with the prior approval of the Vice President of Human Resources or their designee. 6. Regular Fitness for Duty Testing All Covered Employees may be asked to take a Fitness for Duty Test, as required by PCC's Fitness for Duty Policy, on a regular basis (at least once every six (6) months), without notice. Such test is voluntary, but failure to take the test will result in termination. 7. Random Testing a. All Covered Employees are subject to unannounced testing based on random selection. This includes temporary employees performing work in a position covered by this Policy. i. A Covered Employee may be randomly tested for Controlled Substance use any time while on duty. ii. A Covered Employee shall only be tested for alcohol when the employee is performing, is to perform, or has just performed Safety -Sensitive Functions. Employees who are hired to drive a commercial motor vehicle are expected to be available to drive that vehicle, or perform Safety -Sensitive Functions, any time that they are at work; unless they have a medical excuse that advises that they should not drive. b. Procedure for Selection i. PCC will test at least fifty (50%) of its Covered Employees in a calendar year for Controlled Substances, selected on the basis set forth in this Section 4.05.05(B). All Covered Employees will be subject to being randomly selected for Tests for Controlled Substances at each unannounced random testing date. A person may be randomly selected more than once or not selected at all during the annual period. ii. PCC will test ten (10%) of its Covered Employees selected for random testing under 4.05.05(B)(a) above, for Alcohol. iii. To assure that the selection process is random, all full time and temporary Covered Employees will be placed in a common pool. Employees always remain in the random selection pool, regardless of whether they have been previously selected for testing. iv. The random selection procedure will be a computer -based number generator. v. If an employee is unavailable during a draw period due to vacation or other long-term absence, a replacement number can be drawn using the computerized random number generator to select additional numbers. If an employee is temporarily unavailable, or it is their day off, the number should be held until their next shift within the same testing period. No employee shall be excused because of operational difficulties (e.g., job requirements or restrictions). c. Procedure for Collection i. Random testing will be done on a quarterly basis. Testing will be conducted on different days of the week throughout the annual cycle to prevent employees from matching their drug use patterns to the schedule for collection. Collection for quarterly random testing will be spread out over the quarter. Selected employees will not be notified until immediately prior to the time that they are due at the collection site. ii. Random notifications will be conducted as discreetly as possible in order to ensure the confidentiality and integrity of the process. 8. Post -Accident Testing 11 JPage a. Definition of Qualifying Accidents When a non -fatal accident occurs, any Covered Employees whose performance either contributed to the accident or cannot be completely discounted as a contributing factor to the accident, as determined by PCC using the best information available at the time of the decision, shall be tested. A "non -fatal accident" means an occurrence where an individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident or there is disabling damage to vehicle or other equipment. ii. When there is a loss of human life (a fatal accident), each Covered Employee whose performance could have contributed to the accident, as determined by PCC using the best information available at the time of the decision, shall be tested. iii. In the case of a fatal accident involving a mass transit vehicle, (a) each surviving Covered Employee on duty in the mass transit vehicle, and (b) Covered Employees not on the vehicle whose performance could have contributed to the accident, as determined by PCC using the best information available at the time of the decision, shall be tested. b. Timeframe for Testing Employees i. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, the employee will be tested for Controlled Substances as soon as practicable, but no later than thirty-two (32) hours after the accident. Alcohol Tests should be conducted within 2 hours but must not be performed 8 hours after the incident. ii. When performing Post -Accident Testing, the Alcohol Test must be completed before the collection of a urine sample. If an Alcohol Test is required but is not administered within two (2) hours following the accident, PCC shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a required Alcohol Test is not administered within eight (8) hours following the accident, PCC shall cease attempts to administer an Alcohol Test and shall state in the record the reasons for not administering the test. These records shall be made available to FTA upon request. iv. The decision not to administer a test shall be based on PCC's determination, using the best available information at the time of the determination, that the Covered Employee's performance could not have contributed to the accident. A Covered Employee who is subject to Post -Accident Testing and who fails to remain readily available for such testing may be deemed to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a Covered Employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. 12��' v. All reasonable steps will betaken to obtain a urine sample for the testing of Controlled Substances from an employee after an accident. 1. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and, if necessary, reference will be made to the DOT drug testing requirements. 2. If an employee who is subject to post -accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that will be considered a test refusal. Reasonable Suspicion Testing a. When there is reasonable suspicion to believe that a Covered Employee is using a Controlled Substance or alcohol in violation of Section 4.05.02 of this Policy, the employee will be required to take a Test for Controlled Substances and/or an Alcohol Test. i. The required observations for Reasonable Suspicion Testing shall be made by a supervisor or PCC representative who is trained by the Employee Assistance Program, or an equivalent program, in drug and/or alcohol use symptoms. ii. The supervisor or PCC representative who requires the test may not administer the test. b. Reasonable Suspicion i. A decision to test must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of Controlled Substances or alcohol. c. Timeframe for Testing Employees If an Alcohol Test is required but is not administered within two (2) hours following the request for the test, PCC shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a required test is not administered within eight (8) hours following the request, the operator shall cease attempts to administer an Alcohol Test and shall state in the record the reasons for not administering the test. These records shall be completed by the employee's supervisor and forwarded to the Program Manager for inclusion in the drug and alcohol files. These records shall also be made available to FTA upon request. ii. If a test for Controlled Substances is being requested, either on its own or in addition to the Alcohol Test, it should be conducted within two hours. 10. Return to Duty Testing a. If PCC has elected to retain or consider for reemployment a Covered Employee and 131Page has not exercised its authority to terminate the employee, that employee shall be subjected to Return to Duty Testing and Follow- Up Testing (see Section 4.05.09). An individual who was terminated for conduct prohibited by this Policy may be considered for rehire after 180 days upon providing evidence of the individual's rehabilitation that is acceptable to and approved by the President of Human Resources or their designee. The individual, if rehired, must agree to be subject to Follow -Up Testing, at any time, for a period of up to five (5) years, but no less than one (1) year, after returning to employment. Failure to agree to or submit to such testing shall subject the employee to immediate termination. c. Before a Covered Employee who has engaged in conduct prohibited by this Policy may return to a position involving Safety -Sensitive Functions, the employee must submit to Return to Duty Testing resulting in a Test for Controlled Substances with a negative result and an Alcohol Test with a result indicating an alcohol concentration of less than 0.02. All testing under this Section 4.05.08 will be administered with direct observation. d. All Return to Duty and Follow-up testing will be conducted in accordance with 49 CFR Part 40, Subpart O. 11. Follow Up Testing a. Following the determination that a Covered Employee needs assistance in resolving problems associated with alcohol misuse or Controlled Substance use, PCC shall ensure that the employee is subject to unannounced follow-up alcohol and/or Controlled Substance testing. PCC may direct the employee to undergo Return -to - Duty and Follow -Up Testing for both alcohol and Controlled Substances. b. Follow -Up Testing for alcohol may only be conducted when the Covered Employee is performing a Safety -Sensitive Function; just before the employee is to perform a Safety -Sensitive Function; or just after the employee has ceased performing such Safety -Sensitive Function. Follow -Up Testing for Controlled Substances may be conducted any time the Covered Employee is on duty. c. A minimum of six (6) unannounced, Follow -Up Tests must be administered within the first twelve (12) months after the employee has returned to duty. All testing under this Section 4.05.09 will be administered with direct observation. Additional testing may be required for an additional sixty (60) months. d. An employee who is undergoing Follow -Up Testing shall remain in the random pool and be tested if their number is selected. 12. Test Refusal a. Compliance with this Policy is a condition of employment. Refusal to take a required Test for Controlled Substances or Alcohol Test shall result in removal from performing a Safety -Sensitive Function and may lead to disciplinary action or be considered a voluntary resignation by the employee. b. Refusal includes the following and applies to any testing under this Policy: 141Page i. Leaving the collection site prior to test completion. ii. Failure to attempt to provide a breath or urine specimen. iii. Failure to provide a sufficient quantity of urine or breath without a without a valid medical explanation (confirmed by a physician). iv. Failure to undergo a medical evaluation when required. v. Failure to cooperate with any part of the testing process. vi. Failure to permit an observed or monitored collection when required. vii. Failure to follow an observer's instructions to raise and lower clothing and turn around. viii. Possessing or wearing a prosthetic or other device to tamper with the testing process. ix. Failure to take second test when required. x. Admitting the adulteration or substitution of a specimen to the collector or MRO. A. MRO verified adulterated/substituted sample. xii. Refusal to sign Step 2 of the alcohol test form. xiii. Failure to appear at a designated collection site within a reasonable time. xiv. Tampering, adulterating, or substituting a breath or urine specimen; and xv. Leaving the scene of an accident without just cause prior to submitting to a test. (An employee may leave the scene of an accident in order to obtain medical assistance for those injured in the accident. Failure to return to the scene will be regarded as a refusal to test.) c. For Pre -Employment Testing, it will be considered a refusal if the applicant: i. Fails to appear for the test; or ii. Leaves the collection site or aborts collection prior to the start of the test. 13. Testing Limits The table below sets forth the Confirmatory Test cutoff limits for alcohol and each Controlled Substance. Controlled Substance or Alcohol Confirmatory Test Cutoff Limits 151 Amphetamines (amphetamine, methamphetamine) 250 ng/ML Cocaine metabolites (benzoylecgonine) 100 ng/ML Marijuana metabolites (THCA) 15 ng/ML MDMA/MDA 250 ng/ML Opioids (codeine, morphine) 2000 ng/ML Opioids (hydrocodone, hydromorphone, oxycodone, oxymorphone) 100 ng/ML Opioids (6-Acetylmorphine (heroin)) 10 ng/ML Phencyclidine (PCP) 25 ng/ML Alcohol .04 g/dL 14. Consequences a. Use of Controlled Substances and/or alcohol while in the workplace, on the job or subject to duty, even if the employee's alcohol concentration is 0.02 or greater but less than 0.04, will result in the employee's removal from performing Safety -Sensitive Functions, and may result in disciplinary action up to and including termination. 161Pege