HomeMy WebLinkAboutOpening of Bids - Privet Lane Culvert Replacement Project Proj No 118-013B - G. E. Marshall, Inc.CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
RESPONSIBLE BIDDER CHECKLIST
Project Name Privet Lane Culvert Replacement P
Project No. 118-113B
For Bids Due December 10, 2019
Contractor Name: (Bidder Name here) G.E. Marshall, Inc.
The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works
projects by institution of comprehensive submission requirements, in compliance with State law. Quality
workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet
certain minimum requirements to be responsive and responsible bidders.
THIS FORM MUST BE SUBMITTED WITH YOUR BID.
INSTRUCTIONS:
If you are a pre -qualified bidder, complete Section I only.
If you are not a pre -qualified bidder, complete Section If only.
Section It acts as an application for pre -qualification. Submission of Section 11 will allow the bidder to be
considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre -
qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6-
63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance")
for a period of twelve (12) months,
Thereafter, contractors who are pre-qualifiedmust submit a complete application for continuation of "pre -
qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified
Bidders") by December 3VA' for the upcoming, calendar year, or within twelve (12) months of obtaining pre-
qualified standing. If the status of any item changes within the twelve (12) months, It is the responsibility of
the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application
for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal
of the designation, effective January 1 of the following year, or immediately following the twelve (12) months
of pre -qualified standing.
However, the "'removed" contractor or subcontractor shall still be permitted to bid on City public works
projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status
is re-established',
Please Note: The City reserves the right to request supplemental information from the bidder,
additional verification of any information provided by the bidder, and may also conduct random
Inquiries of the bidder's current and previous customers regardless of pre -qualified standing.
It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to
the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid
opening.
Version 5/16/2019 General Conditions - 6
BIDIPROPOSAL
CITY OF SOUTH BEND
ONO
Project Name Privet Lane Culvert Replacement Project
Project No. 118-013B
For Bids Due December 10, 2019
BASE
BID
_.._ w
Item
No,
..�........ _...._.... m. �.........._.
Description
�
w
QuantityTotal
..
Unit WW
Unit Price
�-� al Amount
T
1
Construction Engineering.........�.... w .�.._.�...
.......
.....�.
1
�_.__�
LS
�,_,
$4,110.70
.........._ .._...e.e.�e�. �.
$4,110.70
2
.......
Mobilization and Demobilization
. .... ....... _.
1
LS
$22,2.. ........
72.60
____ ._.__._,.
$22,272.60
3
-1111,
_..
Clearing
g andGrubbing
. .m.
��
1
LS
....
$12,261.40
�.n ..�,..
$12,261.40
4
_.... .
Tree, Remove
.......... .... ���
14
EACH ...
..m. .. _
$555.50
�..�......�.
$7,777.00
5
Concrete Pavement, Remove
._ ._._. �...... ....
4
...,....
SYS
$48.3 0
.......
$193.20
6
Curb, Remove m...
56
LFT..
$8.90 .- ..--.
-__$498� 40.
7
..mw..e.�
Water and Sewer Potholing
----- ._...� � _.. �.�
1
LS
6,060.00
00
8
Retaining Wall Remove .... ._,r._.......
g
.....
2 ..._..�"��EAC'.....��..
H
$808.00
$1,616.00....,..
9
..h,_..w.� ........ �_....
Existing Culvert, 60 IN, Remove
......._. _ .......... ..w.......�
l
�
LS
� $585.80 .._ ...__.....
$585.80..... ...
10
Sanitary Lateral Remove
l
LS
$505.00
$5.05.00
11
Sanitary Manhole, Remove
1
LS
$3..._. ��...
53.50
$353.50��
12
_
i
Sanitary Pipe, 10 IN, Remove
....
18
�
LFT
$23.10
$415.80
13Pipe,.......,_
...
Sanitary 8 IN.
.........
22
LFT
.. 122.00
$2 .... _._...� _ .
684.00
14
Sanitary Later
D' al Reinstate
_.... .-......,..�......._..
1
LS �
_ � �������
$4,212.10
$4,212.10
15
_.
..... ..�
Embankment Fill
........�m,.......,..
535
CYS
$30.20
$16,157.00
16
Excavation, Common
'.�. _......._.�
.......
175
_.........w..
CYS
15.20 .2,660.00,
17
�_
�.
Excavation, Foundation Unclassified
_........
555
..�....w.
CYS
.�..
$15.20
$8�436.00
3
18
Temporary Erosion Control
1
. �m
LS
_ .a
$4,040 00
_......�
$4,040.00
19
w..m,........
Structure Backfill, Type 1
..� .-..�_... _.
60
CYS
$59.30
$3,558.00
20
� ........�._..
Compacted Aggregate, No. 8
pa
200
.._��
TON
,, .��
�37.2 0
...... .......�
$7,440.00
22
.........
Temporary Aggregate, No. 53
.. ,. ..
43
_w ..e...
TON
......
$66.20
.s_. ..n r...
$2,846.60
23
-_�
HMA Patching,
to Type
g, YP B
5
TON
$442 40
$2 212.00
28
rete..._
Curb, Concrete
......_ 130 _
LFT ..�.
n,......�.e.eee.. _..�
$58.40
. _ .... a�..w_ �_�,... .e.e..
$7,592.00
29
_...
Geotextile for Riprap, Type 1 A
� .�..�.._.
240
SYS
$4.50
$1,080.00
30_
_..
�_ ..�..�
Riprap, Class I
.a� �.....�....
175
�
TON
$82.20 �
$14 �e.e m ........
385.00
31
..._ .. .w
Erosion Control Blanket
... �_._ ..
350
ro�a.w .....
SYS
�..
$1.60
... . .. � me......
$560.00
32
Type 2
Seed Mixture Grass....
350
SYS
$.1.20 v........
$420.00... ...
33
Topsoil
60..
�.�.u_ ....�
CYS
�.... _.
$37.20
a $2,232.00
34
...................�._ w
Plant Deciduous Tree Over 2 IN. to 2.5 IN,
...
14
...,� ..
EACH
._
$ .. _........
78.90
...---------- - _.
.._ . _ ..
$9,504.60
Version 10/17/2017
Contractor's Bid
for Public Works
- 7
Revised
......e ��_ ....,.�.n �......
Addendum 1
- 35Structure,
mmmmmm
Coated Reinforced Concrete Box
5�.�....wm
6
LFT
$1,399.80
$78,388.80
Sections, 8 FT X 5 FT
36
Manhole, Sanitary, with Casting
1
EACH
-$5,645.80
$5,645.80
37
Doghouse Manhole, Sanitary, with Casting
1
EACH
488.10
$5,488.10�
38
..39
Maintenance of Traffic.. ....... .......w..........
1 � ...
........ _.....
LS
. _,_.... ..........
$3,888.50
..>>. � .._�..� _ ��.��
$3,888.50
pCCP, 6IN �_... ..............�
..._•• 194
SYS .
.�
.� .. $92.30
.„ . $17,906.20
40
Water Main Ta�
p, 2IN
_..._............
2
EACH
$583.30
m$1,166.60WW
41
Water Main 2INEncased
-
�..._
0
_.
LFT
�. .._ w.
$118.40
w........... .
$2,368.00
42
Water Main, 2 IN.
50
LFT
$64.50
$3,225.00 ..
43
Water Service Line, 1 IN.
100
LFT
$49 50
$4,950.00
44
_
Curb Stop �
2
EACH
$330.50
_ $661.00�
,..
45
..
�. ..sw. —..................
Corporation Stop
2
_______
EACH
$718.30
$1,436.60
BASE BID TOTAL $271,793.30
Bidder (Firm): G.E • Marshall Inc.
Address: 1351 Toliet Road
City/State/Zip ml at two ill 4� yµ Telephone Number: ...... .:341.
By
(Signature)
Ross ] MarshmmallwrltrmmSmecretar
(Printed Name of Person Signing)
Version 10/17/2017 Contractors Bid for Public Works - 8 Revised Addendum 1
(ix) Written statement of any federal, state or local tax liens or tax delinquencies owed
to any federal, state or local taxing body in the preceding three years.
(i} List of projects of similar size and scope of work performed in all areas, including
the State of Indiana, within three (3) years prior to the date on which the bid is due.
(Sign Here)
Ross 1Vlaxs�ha�l�l.
(Print Name Here)
G.E. Marshall, Inc.
(Name of Company)
_.......... 13n51 oliq Road._.. .........
�..�...._�...� ..
(Address of Company)...m..
�.. �;��.raise...�_..��..�.,..�.,�.......�
(City)
Indiana
(State) ,,,.....� ,,-..... _ ...........__...._
219-462-3415
(Telep h one Number)
Version 5/16/2019 General Conditions - 10
A.
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
Project Name Privet Lane Culvert Replacement Project
Project No. 118-013B
For Bids Due December 10, 2019
PART I
(Must be completed for all bids. Please type or print)
Date: �ecatalritj?..�`.w. Bidder(Firm):
Address: j..3m51-JPl Q d............_. ... .
alaraiso, IN 46385 Telephone Number:219
City/State/Zip:V
Agent of Bidder (if Applicable)» N/A. wm�m�m �WOWe wa
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
Privet Lane Culvert Replacement Project
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
McCormick EngineerinLLC
and dated November 3. 2019 _ for the sum of (enter the Total Bid as shown on the Proposal)
Two Hundred Se
venty -One Thousand Seven Hundred Ninety -Three Dollars & Thirty Cents 271,793.30
(Enter sum of Total Base Bid plus Alternates shown on Proposal) (Numerical)
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in
the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance
with the notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that
shown in the original contract if accepted b City of South Bend. If t id is to warded on a unit
basis, the itemization of the units slt a shown on separate ptt hm t,
By
The above bid is accepted this
Subject to the following conditions:.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Laura L. O'Sullivan, Member
ACCEPTANCE
day of
of Person Signing)
Genevieve E. Miller, Member
Therese J. Dorau, Member
Attest: Linda M. Martin, Clerk
Version 10/17/2017 Contractor's Bid for Public Works - 2
20
PART II
(For projects of $100,000 or more — IC 36-1-12-4)
These statements to be submitted under oath by each bidder with and as part of his/her/its bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. Attach information regarding projects your organization has completed for the period of one
(1) year prior to the date of the current bid.
2. Attach a listing of public works projects currently in process of construction by your
organization.
3. Attach information regarding any failure to complete any work awarded to you and the
location thereof.
4. Attach references from private firms for which you have performed work.
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Attach an explanation of your plan or layout for performing proposed work. (Examples could
include a narrative of when you could begin work, complete the project, number of workers,
etc. and any other information which you believe would enable the City of South Bend to
consider your bid.)
2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside
your own firm who have performed part of the work) that you have used on public works
projects during the past five (5) years along with a brief description of the work done by each
subcontractor.
3. If you intend to sublet any portion of the work, attach the name and address of each
subcontractor, equipment to be used by the subcontractor, and whether you will require a
bond. However, if you are unable to currently provide a listing, please understand a listing
must be provided prior to contract approval. Until the completion of the proposed project, you
are under a continuing obligation to immediately notify the City of South Bend in the event that
you subsequently determine that you will use a subcontractor on the proposed project.
4. Attach a listing of equipment you have available to use for the proposed project.
5. Have you entered into contracts or received offers for all materials which substantiate the
prices used in preparing your proposal? If not, attach an explanation for the rationale used
which would corroborate the prices listed.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said
financial statement as required by statute shall thereby be rendered invalid. The financial
statement provided hereunder to the City of South Bend awarding the contract must be specific
enough in detail so that said City of South Bend can make a proper determination of the bidder's
capability for completing the project if awarded.
Version 10/17/2017 Contractor's Bid for Public Works - 3
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-
DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL
PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF Indiana )
S&
Porter COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm, company,
corporation or partnership represented by him, entered into any combination, collusion or agreement with
any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding
nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and
without any agreement, understanding or combination with any other person in reference to such bidding.
Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes o f this Certification, "Iran" means the government of Iran and any agency
or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
Version 10/17/2017 Contractor's Bid for Public Works - 4
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part of
this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public contract to
certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien,
and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees
to maintain this certification throughout the term of the contract with the City of South Bend, and understands
that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision
no later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City
of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or
applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions,
or privileges of employment, or any matter directly or indirectly related to employment because of race, sex,
religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards,
or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors
certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a subcontract
to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from
being awarded a City contract for a period of one (1) year from the date of such determination, and such
determination may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made
a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its
agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the
performance of this contract with privileges of employment, or any matter directly or indirectly related to
employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation,
handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of
contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5716-8-1).1 hereby
certify that I and all subcontractors employed by me for this project will use steel products or foundry
products made in the United States on this project if awarded. I understand I have an affirmative duty to
notify the City in my bid that my proposal does not include the use of steel products or foundry products
made in the United States. I 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 10/17/2017 Contractor's Bid for Public Works - 5
may result in forfeiture of contractual payments.
**s
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 __.__..:10tlr _w day of December 2019
G, Marshall Inc
7r/f�id er (lry'i �
Si naiuro of ntractor/Bidder or Its Agent
Subscribed
Subscribed and sworn to before me this loth
My Commission Expires _06 1 2025
County of Residence
Ross. Marshall,CCorporate Secretarymm -
Name and Title
.dayof, - ,• _ 02019
Notary P'ub is P,t e M. Wary "Or
rf" i........ i' BMX
O 1 � N%
"11111111
Version 10/17/2017 Contractor's Bid for Public Works - 6
b
1316 CouNTY-CITY BUILDING PHONE 574/ 235-92$1
227 W. JEFFERSON BOULEVARD FAx 574/ 235-91 %]
SOUTH BEND, INDIANA 46601-1830� �i
� ,,. 6 � TDD 574/ 235-5567
186
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
Date: November 22, 2019
To: All Planholders
From Linda M. Martin, Clerk, Board of Public Works
Subject Addendum Number: 1
Project Name: Privet Lane Culvert Re lacement Project
Project No.: 118-013B
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM
Date Received: November 22, 2019
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 BIDS.
Notes:
The attached documents are hereby added to the Specifications and Contract
Documents and become a part of herein.
Company:
Authorized Si
Date: IL-iu-17
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CITY OF SOUTH BEND�,,e�` "Bea
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM
FORM MWBE-2.0 ,
EVIDENCE OF GOOD FAITH EFFORTS
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain MBEIWBE participation. It is the bidder's sole
responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority
or Women's owned business as defined by the Indiana Department of Administration ("IDOA").
Project Number: 118-013B .......... ........... ....m_ Date: ecernbe 1. ,2_0 9,
Project Name: Privet Lane „Culvert Replacement Project
Bidder: G.E, Marshall Inc.
m ... ... .... ...... ..... . ..... ,Y---------
Contact Person:
o f t oww?sle _ m............u.__... Telephone 21..9..-.4.6.2. .34.1..5......................
3 . ... d
Address: J51 J....o ietRoa
City: Valaraiso,.._.._.....__.w State: IN Zip:......46385............ -
Email: dour malackowsk,@emarshall.coITm:........._.„www w
To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization�.�
goals set
forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or
commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below":
-------- .............
EVIDENCE OF GOOD FAITH EFFORTS
Enterprise LIST i Developmenth..___.. t it,,. o ....eW...m ............
MBEIWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business
rp Diversity Program, which uses the IDOA approved list of Minority and Women
Owned Business as found on their website (http://www.in.gov/idoa).
ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South
Bend requires that all perspective bidders complete no less than 2 of the following:
1. Attend all pre -bid meetings scheduled by the City to inform MBE/WBEs of contracting and
subcontracting opportunities.
2. Advertise in general circulation and/or trade association publications concerning subcontracting
opportunities, and allow MBE/WBEs reasonable time to respond.
3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated
to inform MBE/WBEs of subcontracting opportunities and allowed sufficient time for them to
participate effectively.
4. Utilize pre-existing services of available community organizations, small and/or disadvantaged
business assistance offices and other organizations that provided assistance in the recruitment
and placement of MBE/WBE firms.
"Bidder must circle or otherwise notate which of the two (2) required actions were performed.
GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs,
including providing such MBE/WBE's with adequate information about the plans, specifications and other
requirements of the subcontract and did not reject MBE/WBEs as unqualified without sound business
reasons based on a thorough investigation of their capabilities. _
SMALL CONTRACTS) The bidder selected specific portions of the work to be performed by
MBE/WBEs in order to increase the likelihood of meeting the MBE/WBE goals (including breaking down
contracts into smaller units to facilitate MBE/WBE participation)
�. ....__. .�.........................._.._........ .._.. �.....�. ..........
CONTRACT RECORDS: The bidder has maintained the following records for each MBE/WBE that has
bid on the subcontracting opportunity:
1. Name, address, and telephone number;
2. A description of information provided by the bidder or subcontractor; and
3. A statement of whether an agreement was reached, and if not, why not, including any reasons for
concluding that the MBE/WBE was unqualified to perform the job.
Proper demonstration of o Faith Effort .......... � ,. requires our initials next to all o y f 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 10/1712017 Contractor's Bid for Public Works - 10
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM
FORM MWBE-2.1 * "
MBENVBE CONTACTED`'
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects
requiring contacted MBE/WBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify
whether any listed minority or woman business meets the qualifications of a Minority or Women's owned
business.
Project Number: 118-013B
PAGE OF
MBE/WBE Participation Goal
Project Name: Privet Lane Ctftyert Replacement Pro�ectm m ._. .
By:
MBE/WBE Firm
Owner or Contact at MBE/WBE Firm
Telephone: Fax:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE/WBE FIRM:
MBE/WBE Firm
Owner or Contact at MBE/WBE Firm
Telephone:
Fax:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE/WBE FIRM:
)orate
(1,111e)
Email:
Email:
Version 10/17/2017 Contractors Bid for Public Works - 11
December 10, 2019
(Date
Bid Bond
CONTRACTOR:
(Name, legal slalus and address)
G.E. Marshall, Inc.
1351 Joliet Rd.
Valparaiso, IN 46384
Document, A31 0 TM - 2010
Conforms with The American Institute of Architects AIA Document 310
SURETY:
(Name, legal slakrs and princlpal place a0mvine.Kw)
Fidelity and Deposit Company of Maryland
1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
Malling Address for Notices
OWNER: 1299 Zurich Way
(Nanre.legal slatusardaddrwss) Schaumburg, IL 60196-1056
City of South Bend, Indiana, Board of Public Works
County -City Building Room 1316, 227 West Jefferson Blvd,.
South Bend, IN 46601
BOND AMOUNT: 5% Five Percent of the Base Bid Plus any Alternates
PROJECT:
(vans, location or addrxrA aid i'rojecl number, ljan) j
Privet Lane Culvert Replacements Project; Project No. 118-013B
This document has Important
legal consequences. Consultation
with an attorney is encouraged
wfth respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owvtner in the amount set forth Above, for the payment of wwohich tho Contractor and Surely bind
themselves. their hairs„ executors, administrators, successors and assigam jointly and severally, as provided herein, The conditions of this
Bond are such flint if the Owvner accepts the bid of ilic Contractor within the time specified in lite bid documents„ or %vilhin such time period
as may be agreed to by Ilia Owner and Contractor, and lire Contractor either (1) enters into a contract with the Owner in accordance with
the tarts ofsuch 'bid, and gives such bond's or bonds as may be specified in the bidding or Contract Docunten,% %with a surety admitted in
the jurisdiction of tha Project and othcrwviso acceptable to the Owvner, 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 ilia amount specified in said bid and, such larger amount for which the Owner may in good faith contract with another
party it) 1*r(onn the work covered by said bid, than this obligation shall be null and void, otherwise to remain in full lbree and ellect. The
Surety hereby waives any notice of an Agreement between Cite Owner and Contractor to extend the time in which die Owner may accept the
bid. Waiver or notice by fllrc Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time liver
acceptance of bids specified in the bid dataunients, and fife 0%viter and Contractor shall obtain the Surety's catnsent for an exionsion beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the terns Contractor in this Bond shall be deemed to be
Subcontractor and the tcnn Owwncr shall be deemed to be Contractor.
When this Clonal tins been linrnished locomply with a statutory or other legal requirement in the location of the Ptx ect, any provision in
this nand conflicting %whir maid statutory or legal requirement Nbull be deemed deleted lieralrom: and provisions conforming for such
,statutory or other legal requirernent shall be deemed incorixinncd herein. Vilren so 11antished, the intent is thallhis B halk�p consirood
As a statutory hood and not as a common low brrwad« �r�." A F?
Signed d sea this 10th day of December, 2019. m s GORe rev =,
G.E. Marshall, Inc.
rlttipn i (ban
«
(11'lrirc+ss)
Paige Wawok B
� C °AMPl1111111w1ry
(i"14cJ Ross J. hall, Corporate Secretary 0 P ,'
01 Fidelity and Deposit Company of Maryland
(Il lttrw) h R. Postma
By.
)llg
(ndej Davidl M',. O) r ey-in-Fact
S-00541AS 8110
Bond Number Bid Qond
City of South Bend, Indiana, Board of Public
Obligee w®rks
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Q@vid M. Qli,g!ar its true and lawful agent and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ORAL
By: Robert D. Murray
Vice President
By: DawnSecretary
E. Brown ky ,
State of Maryland
County of Baltimore
On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written
OL
';�e �titttt�r r
Constance A. Dunn, Notary Public
!r�irkptwa�`
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,,AgpMiW"in-Eacj. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do fiuther certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 10th day of Deggem er 12019 .
„.- SEAL
r�wr low
ea ��
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
xvww, e urtsfclaims ttric tta i
800-626-4577
CERTIFICATE OF C'01 PORA E RESOLUTION
11 _.__...—RRoss .� do hereby certify that I am Secretary of
J. Marshall a,
_ E M411— .Io m _ , a corporation duly organized and existing
under and by virtue of the Laws of the State of Indiana;
I further certify that an annual meeting of the members of the Board of Directors of said
corporation, duly called held and convened in conformity with the Charter and By Laws of said
and voting thereon the following resolution _ _ '1 u0�. ..,'_ 2017, a quorum being present
corporation, y
g was duly adopted, to wit:
The current officers:
Frank A. Marshall; President
Ross J. Marshall; Secretary
Clinton E. Marshall; Treasurer
Roger W. Marshall; Vice President
acting in their separate capacities are authorized to sign all contracts on behalf of the corporation.
I further certify that the foregoing resolution is a full, true and complete copy as the same appears
on record in the Minutes Record Book of said corporation of which I am the legal custodian; that
the same has not been altered, amended or repealed and is now in full force and effect.
In y corporation I1 W1_ ..da of
Witness Whereof I have hereunto set m hand for said co oration this I
frri 2017,
_.. y _. �.,...
lgnattire)
Printed Name: Ross J. Marshall
(must be signed by principal of organization)
STATE OF Indiana }
} SS:
COUNTY OF Porter }
and State, oss J 1°+!��arslaaU. , personally appeared before me, a Notary Public, in and for said County
this 11 th day of _,mmmmIT a pg i I W 2017, after being duly sworn upon his
oath, says that the facts alleged in the foregoing affidavit a, ° . ruc°
My Commission Expires: L
No 17ARY PUBLIC - Signature
March 2�4
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CITY OF SOUTH BEND, INDIANA y
CONT CTO S BID FOR PUBLIC WORK
CHECKLIST FOR BIDDERS
Project Name Privet Lane Culvert Replacement Project
Project No. 118-013B
For Bids Due December 10, 2019
From time to time the South Bend Board of Public Works finds it necessary to reject a bid because
it does not comply with statutory requirements. In preparing your bid, please use the following
checklist in order to make sure that your bid is done in the proper manner.
Proper bid security included. The bidder has the option of providing either a Certified Check
X or Bid Bond.
Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely
X executed.
Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments
with Iran, Employment Eli,gibiiity Verification, Non-DiscriminationCommitment, and
X Certification of use of Ignited States Steel Products or Foundry Products.
Proof of MBEIWBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not
met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBENVBE Contacted
X Form [MWBE-2,11'.
X Acknowledge Receipt of 1 Addendum(s) included with the bid..
X All required additional information is included with the bid.
Proposal statements and other affidavits all signed by the proper party with name either
mX printed or typed underneath signature.
X This checklist submitted with the Bid.
This checklist is provided for bidder's use in assuring compliance with required
documentation, however, it does not include all specifications requirements and does not
relieve the bidder of the need to read and comply with the specifications.
Bidder:
G.E. Maw
By Aut orl�d,- pep
Signature:
Print Name & Title:
Version 10/17/2017 Contractors Bid for Public Works - 1
a rrr
CITY OF SOUTH BEND, INDIANA `,°"�
Y
CONTRACTOR'S BID FOR PUBLIC WORK IN64
CHECKLIST FOR BIDDERS
Project Name Privet Lane Culvert Replacement Project
Project No. 118-013B
For Bids Due December 10, 2019
From time to time the South Bend Board of Public Works finds it necessary to reject a bid because
it does not comply with statutory requirements. In preparing your bid, please use the following
checklist in order to make sure that your bid is done in the proper manner.
Proper bid security included. The bidder has the option of providing either a Certified Check
X or Bid Bond.
Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely
X executed.
Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments
with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and
X Certification of use of United States Steel Products or Foundry Products.
Proof of MBE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not
met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted
X„ Form [MWBE-2.1].
X Acknowledge Receipt of I Addendum(s) included with the bid.
X All required additional information is included with the bid..
Proposal statements and other affidavits all signed by the proper party with name either
X printed or typed underneath signature.
X This checklist submitted with the Bid.
This checklist is provided for bidder's use in assuring compliance with required
documentation; however, it does not include all specifications requirements and does not
relieve the bidder of the need to read and comply with the specifications.
Bidder:
By Authon
Signature:
G.E. Marshall, Inc.
Print Name &
Version 1011712017 Contractors Bid for Public Works - 1
Date:crr[cx ittl,i.z`.......
POST BID SUBMISSIONS:
Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding
Ordinance. The post -bid submission requirements are as follows:
1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the
name, address, licensing status, and type of work for any subcontractor from whom the bidder has
accepted a bid and/or intends to hire on any part of the public work project, including individuals
performing work as independent contractors.
2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty
thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the
Responsible Bidder Ordinance as though it were bidding directly to the City, except that the
subcontractor shall submit the required information (including the name, address, and type of work)
to the successful bidder prior to the commencement of work.
3. Failure of a subcontractor to submit the required information shall not disqualify the successful
bidder from performing work on the project and shall not constitute a contractual default and/or
breach by the successful bidder. However, the City may withhold all payment otherwise due for
work performed by a subcontractor, until the subcontractor submits the required information and
the City approves such information.
4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall
not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another
subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the
name, address, licensing status, and type of work of the substitute subcontractor.
5. The successful bidder and all subcontractors on a public works project are required to submit
certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis,
submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall
identify the job title and craft for each employee. Certified payrolls shall be submitted
electronically.
Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in
the automatic disqualification of the bid.
The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into
account all information in the submission requirements, determine whether a bidder is responsive and
responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to
utilize all information provided in the contractor's submission and any information obtained by the City
through its own independent verification of the information provided by the contractor.
Version 5/16/2019 General Conditions - 7
PRE -QUALIFIED BIDDER CHECKLIST
(a) Acknowledgements:
(i) X 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
X is attached.
By checking this box,. I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided by me, and may also conduct random inquiries Of my current and prior
customers.
(b) Attachments:
X
X
(iv)
Version 5/16/2019
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.
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 tabor's Office of
Apprenticeship, Or its successor organization.
General Conditions - 8
II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED)
(a) Acknowledgements:
(i) _ By checking this box, I hereby acknowledge that I am
(iv)
(b) Attachments:
(i)
with the City of South Bend.
not a pre -qualified bidder
By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided, and may also conduct random inquiries of my current and prior
customers. The City reserved the right to utilize all information provided in this
submission and all information obtained in inquiries or requests to determine if a
bidder is responsive and responsible. Additionally, I acknowledge that all
information provided to the City shall be regarded as public records.
By checking this box, I hereby acknowledge that copies of all Applicable
apprenticeship certificates or standards for training programs applicable to the
work performed on the project may be requested at any time and shall be furnished
upon request.
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.
Indiana Secretary of State's on-line records (ie. Business verification) dated within
sixty (60) days of the submission of said document showing that business is in
existence, current with the Indiana Secretary of State's Business Entity Report,
and eligible for a certificate of good standing. (Not applicable to individuals, sole
proprietors or partnerships).
List identifying all former business names.
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.
Statement about staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work I
am bidding on OR outlines how I intend to meet the staffing needs of the work.
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.
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.
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.
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.
Version 5/16/2019 General Conditions - 9
DEPARTMENT OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
SPECIAL PROVISIONS
Privet Lane Culvert Replacement Project
Project No. 118-013B
SP-1. PROJECT DESCRIPTION
Work to be performed shall include furnishing all labor, services, materials, insurance and equipment to
provide and install maintenance and access improvements according to the intent of the Plans and
Specifications at the culvert crossing at Clyde Creek along Privet Lane south of the intersection of Privet
Lane and Southbrook Drive.
SP-2. PREVAILING SPECIFICATIONS AND DESIGN & CONSTRUCTION
STANDARDS
1. The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN
& CONSTRUCTION STANDARDS, most recent version, are to be used on this project.
2. Each Bid provider is specifically instructed to become completely familiar with the most recent
version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION
STANDARDS prior to submitting a Bid.
3. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the
2020 INDOT Standard Specifications for the letting effective after September 1, 2019.
4. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING
SPECIFICATIONS and are to be used only in conjunction with the PREVAILING
SPECIFICATIONS.
5. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING
SPECIFICATIONS, the SPECIAL PROVISIONS will govern.
SP-3. DESCRIPTION OF WORK
A. State Specifications: None
B. Additions:
1. Work to be performed shall include furnishing all labor, services, materials, insurance and
equipment to remove accumulated sediment from the site, provide improved access measures to
the site, stabilize the site and provide miscellaneous improvements to the basin as shown on the
Plans.
2. The Base Bid covers all work according to the intent of the Plans and Specifications.
3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor's operations.
Version 7/01/2018 Special Provisions - 1
A. State Specifications: 102
B. Additions:
1. Each Bid provider shall completely execute and submit the following documents with the Bid:
a. City of South Bend Contractor's Bid for Public Work Form
b. Bid Bond stating 5% of the total Bid or Certified Check of 5% of the bid.
c. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding
Investment with Iran, Employment Eligibility Verification, Non -Discrimination
Commitment and Certification of use of United States Steel Products or Foundry
Products
d. Responsible Bidder Checklist
IOMIHIOIMO ^` f ' Wk
A. State Specifications: Section 101
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. The successful Bid provider shall supply the following bonds:
a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one
hundred percent (100%) of the contract amount.
b. Performance Bond within seven (7) days of Notification of Award for an amount equal to
one hundred twenty-five percent (125%) of the contract amount.
c. Maintenance bond within ten (10) days of acceptance of the project by the City of South
Bend, for an amount equal to ten percent (10%) of the final contract price, guaranteeing
for a period of three (3) years after the date of acceptance of the project by the City of
South Bend.
SP-6. AWARD OF CONTRACT
A. State Specifications: Section 103
B. Additions:
1. All Bids will remain subject to acceptance for sixty (60) calendar days after the day of the Bid
opening, but the City of South Bend may, in its sole discretion, release any Bid and return the Bid
security prior to that date.
2. Successful bidder from award notice will have fourteen (14) calendar days to submit a fully
executed contract, Certificated of Insurance, and other require documents from either the awarded
contactor and/or the subcontractors. Failure to comply within the award period may be cause for
the Board of Public Works to rescind the award.
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SP-7. TERM "OR EQUAL"
A. State Specifications: None
B. Additions:
1. Where the term "or equal' is used in these specifications, the Bid provider deviating from
specified item shall file with his/her Bid a letter fully explaining and justifying his/her proposed
article or equal. The City of South Bend shall be the sole judge in determining if the "or equal'
offered meets the specification.
SP-8. TAX EXEMPT
A. State Specifications: None
B. Additions:
1. Materials and properties purchased under contract with the Owner that becomes a permanent part
of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales
Tax). The exemption number will be furnished to the Contractor upon award.
SP-9. INDEMNIFICATION
A. State Specifications: None
B. Additions:
1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents,
officers and employees, from all costs, losses, claims and suits, including court costs, attorney
fees, and other expenses, arising from or out of the negligent performance of this Contract by
Contractor, or because of arising out of any defect in the goods, materials or equipment supplied
by the Bid provider.
SP-10. OTHER UTILITIES AND SERVICES
A. State Specifications: None
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. The Contractor shall verify the locations of all utilities by contacting Indiana8l l at 1-800-382-
5544 at least two (2) working days, not counting Saturdays, Sundays or federal and state holidays
before proceeding with construction. It shall also be the Contractors responsibility to contact any
other utility that is not contacted by Indiana811 and verify the utility locations.
2. The Contractor shall be responsible for coordination with all other utilities, i.e., gas electric,
telephone, etc. in order to assure that all utilities that need to be replaced or relocated can be done
with a minimum disturbance to service. The Contractor shall also be responsible for coordinating
schedules with the various utilities such that they can proceed with their relocation work as
efficiently as possible.
3. If the odor of natural gas is detected in a work area at any time during the course of work, the
Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also
immediately notify the residents of adjacent properties. The Contractor shall advise the residents
to evacuate their homes immediately if the odor is present within the dwelling.
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4. The Contractor shall be responsible for continuous service of mail, trash, yard waste, and
recycling collection to residents affected by the Project. The Contractor shall coordinate with the
City of South Bend Solid Waste, Waste Management, and other pickup services as requested to
ensure collection services are maintained. The Contractor shall be required to collect bins, place
them in a common point for easy access by automated truck services, and redistribution after
pickup as requested.
5. The Contractor shall be responsible for snow removal within the project limits and shall
coordinate with City of South Bend Public Works. The Contractor is responsible for protecting
his/her/its project site from excessive wear and tear during snow removal.
SP-11. PLANS
A. State Specifications: None
B. Additions:
1. The work shall conform to the Plans associated with the work.
2. The Plan drawings are schematic in nature.
3. The Contractor is responsible for estimating dimensions and quantities of materials.
4. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern
unless otherwise mutually agreed by the Contractor and Owner.
SP-12. ELECTRONIC DATA
A. State Specifications: None
B. Additions:
1. Data furnished by Owner or Engineer to Contractor that may be relied upon are limited to the
printed copies (also known as hard copies). Files in electronic media format of text, data, graphics,
or other types that might otherwise be furnished are only for the convenience of the receiving
party. Any conclusion or information obtained or derived from such electronic files will be at the
Contractor's sole risk. If there is a discrepancy between the electronic files and the hard copies, the
hard copies govern.
2. When transferring documents in electronic media format, neither the Owner nor the Engineer
make any representations as to long term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or computer hardware
differing from those used in the data creation.
SP-13. AS -BUILT DOCUMENTATION
A. State Specifications: None
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. Deviations from the original Plans shall be shown in the same general detail utilized in the original
Plans.
2. A copy of the plans shall be continuously updated (hand marked) on -site as construction proceeds
and available for inspection by the Owner or their authorized representative.
3. If any significant changes, as deemed so by the City Engineer or its authorized representative, are
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made to the Plans during construction the as -built drawings shall be redrafted to reflect the
changes.
4. The City of South Bend reserves the right to utilize some or all of the retainage held or a portion
of the posted surety to complete as -built drawings if they are not submitted within twenty-one
calendar days of the substantial completion of the project.
5. Final hard copy as -built drawings shall be submitted in electronic PDF format.
6. This work shall not be measured or paid for directly but shall be considered incidental to the
Project.
SP-14. SUPPLEMENTAL DOCUMENTATION
A. State Specifications: None
B. Additions:
Copies of the Geotechnical Report have been made available as supplemental data at the time of
distribution of the Contract Documents to the Contractor. This information is provided for the
convenience and benefit of the Contractor. It is the responsibility of the Contractor to verify that
such information was received along with the Contract Documents. Failure to receive or review
the supplemental material by the Contractor shall in no way increase the liability of the Owner or
its agents with regards to unforeseen or differing site conditions.
SP-15. INSURANCE
A. State Specifications Section 103
B. Additions:
1. All Contractors and subcontractors doing business with the City of South Bend shall present a
Certificate of Insurance showing coverage in the following minimum amount:
2. General Liability: Premises -Completed Operations or Products, Bodily Injury and Property
Damage Combined Single Limit - $5,000,000.
3. There shall be no exclusion for explosion, collapse or underground hazard.
4. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000.
5. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000
6. City of South Bend shall be named as additional insured on the Certificate of Insurance.
7. Contractor and subcontractors shall provide any and all insurance policies, documents,
endorsements, or certificates related to this Contract immediately upon the request of the City
Engineer.
SP-16. SCOPE OF WORK
A. State Specifications: Sections 104.01, 104.02, 104.05
B. Additions:
1. The Contractor has the responsibility to thoroughly inspect and verify the site conditions prior to
submitting a Bid. Differing site conditions shall not be considered for items which are available
for inspection to the Contractor prior to submitting a Bid, including but not limited to clearing and
removal operations, dewatering needs, traffic control, the degree of saturation of existing soils, etc.
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SP-17. CONTROL OF WORK
A. State Specifications: Section 105
B. Additions:
1. The complete responsibility for this project lies with the Director of Public Works of the City of
South Bend, Indiana acting through his authorized representatives.
2. All Construction Engineering and production staking shall be performed by the Contractor. The
Contractor shall provide all the necessary, qualified personnel, equipment and supplies to perform
all work required under this item.
3. The contractor is responsible to maintain the site which includes but is not limited to; dust control,
site security, erosion control, and protecting adjacent properties and utilities.
4. Work hours for the Project shall be from 7:00 a.m. through 6:00 p.m., Monday through Friday. No
work shall be permitted on weekends, Holidays, or after hours unless approved by the City of
South Bend Department of Public Works.
Payment will be made under:
Pay Item Pay Unit
Construction Engineering LS
SP-18. CONTROL OF MATERIAL
A. State Specifications: Section 106
B. Additions:
1. Aggregates, b-borrow and asphalt materials shall be obtained from an INDOT-approved
manufacturer/supplier in accordance with Section 106.01.
2. Material records, including delivery tickets, shall be provided to the Owner's representative on the
date of delivery, unless otherwise allowed in writing by the Owner.
3. Storage of materials shall be per State Specification Section 106.05. The Contractor shall be
responsible for locating and securing locations for the storage of equipment and materials for the
work.
SP-19. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
A. State Specifications: Sections 107.01, 107.02, 107.08, 107.14, 107.14, 107.19, 107.20
B. Additions:
1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer,
where mentioned in these documents, is McCormick Engineering, LLC.
2. The Contractor shall be responsible to obtain any and all required permits for the work from local,
state, and federal agencies and shall comply with permit requirements, including the St. Joseph
County / City of South Bend Building Department.
3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the
Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified and
registered with the Secretary of State of Indiana to engage in business within the State of Indiana.
4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The
Owner reserves the right to immediately terminate the public work project awarded should the
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Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and such
violation shall result in the forfeiture of Contractor's performance bond to the Owner.
SP-20. MATERIAL AND SHOP DRAWING SUBMITTALS
A. State Specifications: Section 108
B. Additions:
1. Submit four (4) copies or an electronic version of the submittals for all equipment or materials
used in this project to the Owner for approval. All submittals must be delivered within 7 calendar
days from the notice to proceed.
2. The Engineer will review and return two (2) copies or an electronic version of the submittals
within seven (7) working days.
3. The review of the submittal information by the Owner or Engineer is to facilitate the satisfactory
acceptance of the equipment. This review shall neither relieve the contractor from the
responsibility for deviations from the Specifications, nor from errors and omissions in the shop
drawings or literature. Parts found not meeting the requirements of these Specifications shall be
removed, repaired or replaced at no cost to the Owner.
4. Submittals shall include complete manufacturer's descriptive information and shop drawings for
all the parts furnished under this contract.
5. Upon completion of project, the Contractor will supply one (1) conformed set of all submittals to
the Owner.
6. For review of headwalls and wingwalls, provide certified submittal as described in the pertinent
Section below in a timeframe that does not impede the Work of the Contract. The Engineer shall
review and return structure headwall/wingwall submittals within ten (10) working days.
SP-21. PROSECUTION OF THE WORK
A. State Specifications: Section 108.04
B. Additions:
1. The project will have a Substantial Completion Date of (90) calendar days for all work except
landscaping and paving items.
2. The project will have a Final Completion Date of May 30, 2020 including all work and Pay Items,
including asphalt paving and landscaping items.
3. The contract time will start when the Notice to Proceed is delivered and signed.
4. The Owner, Engineer, and Contractor will hold a pre -construction meeting following award of the
contract. The date of the Notice to Proceed will be provided by the Owner at that meeting.
5. Contractor shall provide a schedule to the Owner prior to beginning any work on the site. The
Owner reserves the right to withhold all payments on the project until an acceptable schedule is
provided.
6. The Contractor shall remain responsible for traffic control, erosion protection, and other
maintenance measures until such time as the Owner provides final acceptance of the work,
including asphalt placement and landscaping.
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SP-22. CHANGE OF CONTRACT TIME
A. State Specifications: Section 108.08
B. Additions:
The Contract Time may only be changed by Change Order. Any Claim for an extension in the
Contract Time shall be based on written notice delivered to the Department of Public Works
within seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of
the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days
after such occurrence unless an official of the Public Works Department allows an additional
period of time to ascertain more accurate data. The Contract Time will be extended in an amount
equal to time lost to delays beyond the control of the Contractor if a claim is made in accordance
with this provision. Such delays shall include acts of neglect by the Public Works employees, or
to fires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures,
or acts of God.
2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An
extension is granted for weather conditions significantly more severe than normal if the Contractor
demonstrates to the satisfaction of the Owner that the delay in the progress of the work was due to
such weather. The basis to define normal weather with be the data compiled by the United States
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). The
above normal inclement weather days shall be as defined in Section 101.02 of the Standard
Specifications.
3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction,
including fault or negligence of Contractor's subcontractors, caused the delay, or for which any
remedies are provided under any other provision of this agreement.
4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of
any rights or remedies existing under this contract at law or in equity.
• err a � M +
A. State Specifications: Section 108.09
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. The contractor shall proceed with the work at such rate of progress to insure full completion
within the Contract Time. It is expressly understood and agreed, by and between the Contractor
and the Owner, that the Contract Time for completion of the work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the work, and excludes the time for unavoidable delays which were
beyond the control and without the fault of the Contractor.
2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time
granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated
damages a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall
remain in default after the time of completion stipulated in the Contract Documents.
3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the work is due to the following and the Contractor has promptly given written
notice of such delay to the Owner and Engineer/Architect.
a. To any preference, priority, or allocation order duly issued by the Owner.
b. To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, acts of public enemy, acts of the
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Owner, acts of another Contractor in the performance of a Contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and
unforeseeable weather.
SP-24. DEFAULT AND TERMINATION
A. State Specifications: Section 108.10
B. Additions:
1. Events of Default shall include Contractor's failure to perform any of its obligations under this
contract including failure to commence work at the time specified, failure to perform the work in
accordance with these specifications, unauthorized discontinuation of the work, failure to carry out
the work in a manner acceptable to the Owner, failure to observe Federal, State, or local laws or
regulations, and failure to comply with any other term of this contract.
2. If an Event of Default occurs, the Owner shall provide Contractor written notice and may permit
Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is
not cured within the ten (10) day cure period, the Owner may at any time thereafter terminate this
contract in which case the termination shall be final and effective.
Upon an Event of Default, the Owner may invoke the following remedies in addition to those
remedies provided under separate provisions of this contract, the right of set-off against any
payments due or to become due to the Contractor against the retainage, the right to take over and
complete the Work. If the Owner notifies Contractor that Owner is invoking its right to complete
the Work, all rights that the Contractor has in order under Contractor's subcontracts are assigned
to the Owner, subject to the Owner's right to take assignment of all or only selected subcontracts
at the Owner's discretion. The sole obligation accepted by the Owner under such subcontracts is to
pay for Work satisfactorily performed after the date of the assignment. In the event a conditional
assignment has not been executed, the Contractor shall execute or cause to be executed any
assignment, agreement, or other document that may be necessary in the sole opinion of legal
counsel to the Owner to evidence compliance with this provision. The Contractor shall promptly
deliver such documents upon the Owner's request. In the case of such assignment, unless
otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment
already involved, and for any claim, suit or cause of action based upon or resulting from any error,
omission, negligence or other breach of contract by the Contractor, its officers, employees, or
agents arising prior to the date of assignment to the Owner.
SP-25. RETAINAGE AND FINAL PAYMENT
A. State Specifications: Section 109
B. Additions:
1. Payments will be made every thirty (30) calendar days.
2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage
of payments throughout the duration of the project.
3. Before final payment and retainage are released the Contractor must satisfy the following:
a. All parts and labor meet requirements stated in the specifications.
b. Provide copies of test reports or cut sheets on all materials supplied.
c. Provide As -Built drawings in accordance with the City of South Bend Prevailing
Specifications for Public Works.
d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final
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Waiver of Lien.
SP-26. SITE DEWATERING
A. State Specifications: None
B. City Construction Standards & Specifications: Section 3
C. Additions:
1. The work consists of providing labor, equipment, and materials necessary to dewater the site to
maintain suitable working conditions. The level of water within the work area shall be kept below
the active work level at all times throughout the Work.
2. This work shall not be measured or paid directly.
3. All work required for maintaining the project work site in suitable working conditions, such as
temporary sheeting or bypass of creek discharges, and all dewatering as necessary to complete all
work per the specifications shall be considered incidental to the Project, included in the cost of
various other Pay Items.
4. If adverse weather results in documented flow depths along Clyde Creek exceeding a level one
foot above the existing culvert invert for more than a period of three continuous days, the
Contractor may be eligible for a time extension under the Contract. The Contractor shall provide a
written request for basis of the potential request, including documentation of the dewatering
efforts in place; the specific days affected; the time extension sought; and a notarized statement
signed by an officer of the Contractor. The Engineer shall review such time extension requests
and forward a recommendation to the Owner. The Owner shall have the final determination as to
whether time extension requests due to weather are accepted under the Contract.
5. The Contractor shall be responsible for repairs to damages within the project construction limits
caused by flow along and into Clyde Creek until final acceptance of the project.
SP-27. MEASUREMENT OF QUANTITIES
A. State Specifications: Sections 109.01, 109.02
B. Additions:
1. Earthwork is to be measured by cross -sections at the cross -sections shown on the End Area
Volume Report in the Plans. By submitting a Bid and subsequent execution of an Agreement, the
Contractor and Owner explicitly agree that the cross-section locations, associated intervals, and
limits of cut and fill lines form an acceptable basis for payment of all excavation quantities and
types.
2. Cut and fill quantities of earthwork are to be measured to the lines and grades shown on the Plans.
Embankment fill and Common Excavation shall be measured between existing (pre -construction)
and proposed finished grade surfaces, with full consideration of undercut required for riprap or
pavement subgrade project elements as shown on the cross -sections.
3. Undercutting for foundation or pavement base shown on the Plans is included in the Plan
quantities of Common Excavation and Foundation Excavation, as shown on the Plan cross -
sections.
4. Areas of required fill by materials other than soil, such as pavement, aggregate base, asphalt
pavement, etc. are to be excluded from embankment quantities, as shown on the Plan cross -
sections.
5. Structure backfill quantities shall be limited to the neat line slope extent shown on the Plans for
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SP-28
S P-29.
S P-30.
the proposed box culvert, proposed sanitary pipe, laterals or other pipe features.
6. Foundation excavation quantities shall be limited to the neat line slope extent shown on the Plans.
7. Any required structural backfill for proposed sanitary pipes or other pipe features other than the
proposed box culvert, headwalls or wingwalls shall not be measured directly, but shall be
considered incidental to the respective pipe or structure pay item.
MOBILIZATION AND DEMOBILIZATION
A. State Specifications: Section 110
B. Additions:
1. Payment will be made under:
Pay Item Pay Unit
Mobilization and Demobilization LS
MAINTENANCE OF TRAFFIC
A. State Specifications: Sections 104 & 801
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. Maintenance of traffic during construction shall conform to the "Indiana Manual on Uniform
Traffic Control Devices" and the City of South Bend Design and Construction Standards.
2. After the award of the contract and before beginning the work, the Contractor shall submit
his/her/its proposed schedule of operations for the review of the Engineer. The schedule of
operations as reviewed by the Engineer shall be maintained at all times.
3. This Pay Item shall include all labor, Road Closure Assemblies, flashing arrow boards, barricades,
delineators, and other signs as needed to adequate traffic control.
4. The Contractor shall be responsible for providing continuous access to all residences adjacent to
the work as part of this Pay Item.
5. At a minimum, a single lane at least 10-feet clear width is to be provided to the residents on the
south side of the project at all times throughout the work.
Payment will be made under:
Pay Item Pay Unit
Maintenance of Traffic LS
CLEARING AND GRUBBING
A. State Specifications: 201
B. Additions:
1, "Clearing and Grubbing" shall consist of clearing, grubbing, removing and disposing of all
vegetation, trees, debris and other man-made materials required to perform the work indicated
within the limits of construction in the Plans and Contract Documents, but not specifically paid for
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otherwise.
2. Disposal of debris resulting from any clearing or removal operations shall be at an off -site area,
provided by the Contractor and approved by the Owner. No debris shall be left overnight.
3. The Contractor shall confirm the nature of any trees or shrubs to be removed within the project
limits prior to the deadline for questions prior to Bid Opening, regardless of whether such
vegetation is designated specifically on the Plans.
4. Tree removal Pay Item shall include the trees, including stumps, indicated on the Plans for trees
with diameter greater than 2" at breast height without regard to tree diameter. Trees with a
diameter less than 2" shall be paid for under the clearing and grubbing Pay Item.
5. Tree removal shall include grinding of stumps to a minimum level of three feet below proposed
grade or complete removal for stumps that would conflict with the proposed structure or structure
wingwalls.
6. Stump holes shall be backfilled and compacted with embankment material. Stump hole
embankment shall not be paid for directly in the cross -sectional areas of earthwork quantities, but
shall be considered incidental to the project.
7. Asphalt pavement removal shall not be measured directly but shall be considered incidental to
common excavation.
8. Saw cuts are required at the terminal joining of new pavement to existing pavement. Full depth
saw cuts are also required at the full depth pavement removal extents. Saw cutting will not be
measured or paid for directly, but shall be considered incidental to the work.
9. Payment will be made under:
Pay Item Pay Unit
Clearing and Grubbing LS
Tree, Remove EACH
Concrete Pavement, Remove SYS
Curb, Remove LFT
A. State Specifications: None
B. Additions:
1. Horizontal locations of known utilities are shown on the Plans based upon painted or flagged
markings from the respective utilities. Nominal variation from painted or flagged markings to
actual locations should be expected by the Contractor.
2. Elevations and sizes of existing sanitary mainline facilities shown on Plans are based on straight
line interpolation between surveyed inverts at manhole structures.
3. Depths of remaining utilities shown on Plans are unknown, including sanitary laterals. Any
vertical representation of existing utility facilities other than sanitary lines are for the benefit of the
Contractor to illustrate general locations for conflict exploration.
4. The Contractor is responsible for determining the actual vertical elevation of existing sanitary
laterals, sanitary main line and water utilities shown on the Plans through potholing.
5. Construction drawings showing new construction and existing facilities should be present and
utilized during potholing activities. Construction drawings should be compared to
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designating/locate paint marks to determine if all facilities shown on the Plans have been
identified in the field. If drawings and paint marks do not match, additional potholing may be
required to determine accurate locations.
6. Facilities exposed during potholing must be protected throughout the project. Exposed facilities
can shift or sag when the soil that was supporting and protecting the utility is removed. Utilities
that are rendered unsupported due to potholing should be temporarily supported by shoring or
other means. The utility should also be protected from heavy and sharp items falling into the
excavation which could crush or cut the facility.
7. After the underground utility has been located, the pothole should be restored within 24 hours or
as otherwise directed by the Owner.
8. Payment will be made under:
Pay Item Pay Unit
Water and Sewer Potholing LS
SP-32. REMOVAL OF STRUCTURES AND OBSTRUCTIONS
A. State Specifications: Sections 202.03, 202.05
B. City Construction Standards & Specifications: Section 3 & 4
C. Additions:
1. All elements of pre-existing structures, including foundations and footings, shall be completely
removed without additional payment consideration.
2. Proposed removal of portions of the existing sanitary main under the existing culvert, associated
sanitary laterals and the sanitary manhole shall be performed in conjunction with the sanitary
bypass pumping operations. It is anticipated that the proposed doghouse manhole will be the
outlet for bypass pumping operations once this structure is installed and accepted.
3. Payment will be made under:
Pay Item
Pay Unit
Retaining Wall, Remove
EACH
Existing Culvert, 60 IN, Remove
LS
Sanitary Lateral, Remove
LS
Sanitary Manhole, Remove
EACH
Sanitary Pipe, 10 IN, Remove
LFT
SP-33. SANITARY LATERAL AND SEWER
A. State Specifications: None
B. City Construction Standards & Specifications: Section 3
C. Additions:
1. This Pay Item shall include all work to pass sanitary discharges through the site, relocate and
reinstate sanitary lateral service from an existing 10inch sanitary main to a proposed 8-inch
sanitary main.
2. Means, methods and rates of sanitary bypass pumping are the responsibility of the Contractor, but
shall result in continuous unimpeded sanitary service to the affected residents.
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3. Existing laterals are anticipated to be in the size range of 4-6", with new lateral lines to match
existing size. Material for relocated laterals shall conform with City Standards.
4. Proposed sanitary lateral materials shall be PVC SDR 35, with a cell class of 12454 in accordance
with ASTM D1784. Joints shall be solvent cement type.
5. Proposed sanitary mainline pipe shall be PVC SDR 26 with a cell class of 12454 in accordance
with ASTM D 1784. Joints shall be either gasket push -on type or solvent cement type. Push -on
joint and gaskets shall meet the requirements for ASTM D 3139 and F 477
6. The downstream connection of the proposed sanitary pipe as well as the bedding of such pipe shall
be per the City Standard Drawings.
7. Payment will be made under:
Pay Item Pay Unit
Sanitary Pipe, 8 IN LFT
Sanitary Lateral, Reinstate LS
SP-34. EXACAVATION AND FILL
A. State Specifications: Sections 203, 211
B. Additions:
1. Common Excavation shall consist of all excavation, except for foundation excavation, without
further regards to other potential INDOT excavation classifications.
2. Excess common excavation material, including that resulting from required undercuts for
placement of subgrades or riprap, shall become the property of Contractor, to be removed from the
site at the expense of the Contractor.
3. Embankment fill material shall consist of sand B Borrow material obtained from a borrow source
outside the project limits. The exception shall be areas of topsoil placement for the upper six
inches of embankment in areas of permanent seeding. Onsite material obtained from foundation
excavation operations may be reused as general embankment fill if it is readily compactible and
meets the INDOT specification for B Borrow material.
4. Topsoil shall consist of natural loam, sandy loam, silty loam, silty clay loam, or clay loam humus -
bearing soils adapted to the sustenance of plant life and such topsoil shall be neither excessively
acidic nor excessively alkaline in accordance with INDOT Standard Specification 914.01.
Topsoil shall be screened such that 100 percent of the topsoil passes the one 1" sieve and 90
percent passes the No. 10 (2.00 mm) sieve. Topsoil shall be a minimum of 4" deep and a
maximum of 6" deep at all locations designated on the Plans to receive permanent seeding or
sodding. Topsoil shall not be compacted by heavy equipment.
5. Embankment fill shall be compacted to at least 98 percent of its maximum standard Proctor dry
density (ASTM D698) under the foundations and roadways.
6. Excavations made for the project may require:
a. cut slopes adequate to prevent cave-ins/subsidence; or
b. braced excavations for safe construction operation.
7. All excavations should conform with Occupational Safety and Health Administration (OSHA)
requirements (i.e., 29 CFR Part 1926). The Contractor is solely responsible for constructing and
maintaining stable excavations.
8. Soil should not be stockpiled immediately adjacent to the top of the excavation.
9. Topsoil obtained from within the site limits shall not be measured or paid for directly but shall be
Version 7/01/2018 Special Provisions - 14
considered incidental to the project. Topsoil required to be imported to the site shall be measured
and paid for under the topsoil Pay Item below.
10. Testing is required for imported topsoil material and reuse of onsite topsoil materials to show
compliance with material specifications. Testing of topsoil shall not be measured or paid for
directly but shall be included in the unit price for the topsoil Pay Item.
11. Payment will be made under:
Pay Item Pay Unit
Embankment Fill CYS
Excavation, Common CYS
SP-35. STRUCTURE EXCAVATION
A. State Specifications: Section 206
B. Additions:
1. Excavation for the foundation of proposed structure footings shall be measured from the existing
ground surface to the base of proposed footings, except there shall be no classification of
foundation excavation material.
2. Payment will be made under:
Pay Item Pay Unit
Excavation, Foundation, Unclassified CYS
SP-36. TEMPORARY EROSION AND SEDIMENT CONTROL
A. State Specifications: 205
B. City Construction Standards & Specifications: Section 7
C. Additions: This work shall consist of furnishing, installing, maintaining, and
removing temporary erosion and sediment control measures
1. If any concrete is brought to the site, the Contractor shall provide concrete washout facilities of
adequate capacity in accordance with the project requirements. The concrete washout shall be
located as far from surface waters as practical and shall be able to contain all liquid and solid
material from concrete truck or mixer washing operations without contacting or contaminating the
ground. The cost associated with concrete washout shall not be paid for directly, but shall be
included in the costs of the concrete pay items.
2. All disturbed earth shall be protected to prevent erosion from occurring. Measures appropriate to
the season of work such as temporary mulching applications shall be maintained at all times for all
disturbed areas throughout the project.
3. If there are signs of erosion on the project, such areas shall be reworked and repaired within five
working days of such observation. The repair shall include an evaluation and implementation of
alternate measures to preclude the reoccurrence of erosion as needed.
4. The Contractor shall be responsible to remove soils, and any other materials that migrate from the
work area to downstream areas of Clyde Creek.
5. Payment will be made under:
Pay Item Pay Unit
Version 7/01/2018 Special Provisions - 15
Temporary Erosion Control LS
SP-37. B-BORROW AND STRUCTURE BACKFILL
A. State Specifications: Section 211
B. Additions:
1. This work is intended to address the structural fill required to backfill at the proposed structure,
structure wingwalls and manholes.
2. Structure backfill material shall meet the requirements of 904.05, except flowable backfill shall
only be used upon written request by the Contractor and expressed written permission by the
Owner.
3. The subgrade and the granular soils shall be compacted via several passes of a vibratory
compactor. Given the presence of an existing sanitary sewer and other below -grade utilities, use of
a heavy vibratory compactor is prohibited due to the risk of damaging the utilities
4. Structural fill, defined as any fill which will support structural loads, shall be free of organic
material, have a plasticity index of less than 25 percent, a maximum particle size of no more than
3 in., and a maximum dry density in excess of 100 pounds per cubic foot, as determined by the
standard Proctor compaction test (ASTM D698)].
5. Structural fill shall not be frost susceptible. The structural fill should be compacted to at least 98
percent of its maximum standard Proctor dry density (ASTM D698) under the foundations and
roadways.
6. Structure backfill shall be measured from the top elevation of proposed compacted aggregate
bases of the foundation excavation to the base elevation of proposed topsoil or to the base of
compacted aggregate for full depth pavement locations.
7. Fill shall be placed and compacted in layers not exceeding 8 inches in loose lift thickness.
8. In -place density tests shall be performed and documented by the Contractor at a frequency of at
least one test for every 2,500 square feet of fill area per each lift of compacted fill placed in the
proposed construction areas to demonstrate compliance with the required density standards.
9. Payment will be made under:
Pay Item Pay Unit
Structure Backfill, Type 1 CYS
SP-38. AGGREGATE PAVEMENT AND BASES
A. State Specifications: Sections 301, 302
B. Additions:
1. This Pay Item includes the aggregate needed for full depth pavement base, as well as aggregate
needed for the temporary runaround and structure subgrade shown on the Plans.
2. Aggregate used for the temporary runaround shall be removed once the proposed structure is in
place along Privet Road and work has progressed to allow for safe vehicular access over the
proposed mainline pavement section.
3. Payment will be made under:
Pay Item Pay Unit
Compacted Agg!r°e ate, No. 8 TON
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Compacted Aggregate, No. 53 TON
Temporary Aggregate, No. 53 TON
SP-39. ASPHALT BASES
A. State Specifications: Section 304
B. City Construction Standards & Specifications: Section 2
C. Additions:
1. This Pay Item is included to address incidental asphalt patching along the neat lines shown on the
Plans required to install the proposed curbing in areas outside of full -depth asphalt replacement.
2. Payment will be made under:
Pay Item Pay Unit
HMA Patching, Type B TON
SP-40. ASPHALT MILLING
A. State Specifications: Section 306
B. Additions:
1. Payment will be made under:
Pay Item Pay Unit
Milling, Asphalt, 2 IN. SYS
SP-41. ASPHALT PAVEMENT
A. State Specifications: Section 402
B. City Construction Standards & Specifications: Section 2
C. Additions:
1. This Pay Item is included to address asphalt in full depth replacement locations, as well
as to bring milled asphalt areas to proposed grade along the neat lines shown on the
Plans.
2. Payment will be made under:
Pay Item Pay Unit
HMA Surface, Type B, 9.5 mm TON
HMA Intermediate, Type B, 12.5 mm TON
HMA Base, Type B, 19.0 mm TON
Version 7/01/2018 Special Provisions - 17
SP-42. CURB
A. State Specifications: Section 605
B. Additions:
1. Proposed curbing shall be per the City Standard Details for standard curb
2. Payment will be made under:
Pay Item Pay Unit
Curb, Concrete LFT
SP-43. RIPRAP AND SLOPEWALL
A. State Specifications: Section 616
B. Additions:
1. INDOT Type IA geotextile fabric shall be placed on the face of the slope before the riprap is
placed.
2. Payment will be made under:
Pay Item Pay Unit
Geotextiles for Riprap, Type 1A SYS
Riprap, Class 1 TON
SP-44. MULCH SEEDING AND SODDING
A. State Specifications: Section 621
B. Additions:
1. Fertilizer and watering of permanent seeding areas shall not be measured directly but shall be
considered incidental to the work.
2. Permanent seeding shall include mulch material as required on the Plans.
3. Topsoil shall be placed a minimum of 4" deep and a maximum of 6" deep at all locations
designated on the Plans to receive permanent seeding. Topsoil shall not be compacted by heavy
equipment.
4. Topsoil shall consist of natural loam, sandy loam, silty loam, silty clay loam, or clay loam humus -
bearing soils adapted to the sustenance of plant life and such topsoil shall be neither excessively
acidic nor excessively alkaline in accordance with Standard Specification 914.01. Topsoil shall
be screened such that 100 percent of the topsoil passes the one 1" sieve and 90 percent passes the
No. 10 (2.00 min) sieve.
5. Topsoil obtained, from within the site limits shall not be paid for directly but shall be considered
incidental to the Project. Topsoil imported to the site shall be measured and paid for under the
topsoil Pay Item below.
6. Erosion Control Blanket (ECB) shall be provided at all locations of seeding shown on the Plans
after the topsoil has been placed to finished grade and the area has been seeded.
7. ECB shall be North American Green (NAG) BioNet Biodegradable S 150BN, or Engineer -
approved equivalent.
Version 7/01/2018 Special Provisions - 18
8. ECB shall be securely anchored to the ground using staples or Engineer approved equivalent
method at intervals as recommended by the manufacturer at a frequency of 1.7 staples per square
yard or greater.
9. The ECB shall be installed such that continuous contact between the ECB, and the underlying
topsoil is achieved without bunching or intermittent gaps.
10. Permanent seed mix shall be Seed Mixture Grass, Type 2, per Section 621.06. This seed mixture
shall be placed at the rate of 125 lb/ac consisting of 20 lb/ac of Smooth Brome Grass, 10 lb/ac
of Orchard Grass, 40 lb/ac of Kentucky Bluegrass, 35 lb/ac of Creeping Red Fescue, and 20
lb/ac of Perennial Rye Grass
11. Mobilizations/demobilizations for seeding shall not be measured directly but shall be considered
incidental to the Project.
12. Payment will be made under:
Pay Item Pay Unit
Erosion Control Blanket SYS
Seed Mixture Grass, Type 2 SYS
Topsoil CYS
SP-45. PLANTING TREES
A. State Specifications: Section 622
B. Additions: This Pay Item shall include the work needed to provide replacement trees
impacted by the work at the site.
1. Trees shall be replaced at a 1:1 ratio for trees removed to trees planted.
2. Tree species planted shall be deciduous varieties on the list of allowable trees below.
3. All trees planted shall be of healthy stock of the sizes listed in the Pay Items for deciduous
varieties at the approximate locations shown on the Plans.
4. Contractor may select to use from the following species of deciduous trees in areas more than 20'
from existing overhead electric facilities:
a. River Birch (Betula nigra)
b. Honey Locust (Gleditsia triacanthos)
c. Sweet Gum (Liquidambar stryraciflua)
d. Ohio Buckeye (Aesculus glabra)
e. Tuliptree (Liriodendron tulifera)
f. American Hornbeam (Carpinus caroliniana)
5. Contractor may select to use from the following species of deciduous trees in areas within or under
existing overhead electric facilities
a. Flowering Dogwood (Cornus florida)
b. Red -osier Dogwood (Cornus sericea/C. alba)
c. Redbud (Cercis canadensis)
d. Cockspur Hawthorn (Crataegus crus-galli)
6. In order to promote species diversity, at least five of the species must be used on the Project, but
Version 7/01/2018 Special Provisions - 19
no more than three of a given species.
7. The use of non-native or exotic variants are not allowed on the project.
8. Deciduous trees of caliper greater than 2.5 inches at breast height may be used at the discretion of
the Contractor but will not affect the payment to the Contractor under the Pay Item.
9. Contractor shall warranty all trees for a period of two years from the date of planting.
10. Tree warranty includes replacement of any damaged or dead tree in the case of damage due to
frost, wind, heat stress, weather related damage and normal loss of the tree.
11. Trees replaced by the Contractor under the warranty will be of the same size and specimen of the
original tree. Dead or damaged tress shall be placed within a period no longer than 60 days from
the date of notification from the Owner to the Contractor.
12. If a tree is replaced under the warranty, that tree will be under warranty from the greater period of:
a. the time remaining from the initial 1-year warranty period
b. an additional 90-day warranty.
13. The Contractor is solely responsible for maintenance and care of trees during the warranty period.
14. Tree warranty shall be included in the Maintenance Bond.
15. Payment will be made under:
Pay Item Pay Unit
Plant, Deciduous Tree, Over 2 IN. to 2.5 IN. EACH
SP-46. REINFORCED CONCRETE BOX STRUCTURES
A. State Specifications: Section 714
B. Additions: This Pay Item includes all work and materials to design and install the
proposed reinforced concrete box structure.
1. Three -sided structure substitution shall not be allowed for this project.
2. Concrete Headwalls, wingwalls and footings shall be designed by the Contractor in accordance
with 714.04 of the Standard Specifications.
3. Precast Concrete Headwalls, Wingwalls and Footing per Section 714.06.
4. The shop drawing submittal for the proposed structure footings, headwalls and wingwalls shall
meet the requirements of 714.04(b) and shall be certified by an engineer licensed to perform work
in the State of Indiana.
5. Reinforcing steel shall be coated at all installations providing less than two feet of cover.
6. Headwalls and wingwalls shall be of adequate length extent to avoid the need for slopes steeper
than 1.5 (Horizontal) to 1 (Vertical) at any location within the project.
7. Concrete Box Structure Joints shall be per 714.10.
8. Precast coated reinforced concrete box structures, precast headwalls, precast wingwalls, cast -in -
place headwalls, and cast -in -place wingwalls will not be measured.
9. The accepted quantities for payment will be the quantities shown on the plans.
10. The cost of headwalls and wingwalls shall be included in the out -to -out linear foot cost of the
Structure.
11. An 8" layer of coarse aggregate No. 8 is required below footings per Section 714.05. This
Version 7/01/2018 Special Provisions - 20
aggregate will be paid for under the coarse aggregate No. 8 Pay Item.
12. Payment will be made under:
Pay Item Pay Unit
Structure, Coated Reinforced Concrete, Box Sections,
8 FT x 5 FT L;FT
span nse
SP-47. MANHOLES
A. State Specifications: Section 720
B. City Construction Standards & Specifications: Section 4
C. Additions:
1. Structural excavation, backfill or bedding shall not be measured or paid for directly for manhole
installations, but shall be considered incidental to the respective Pay Item.
2. Sanitary manholes shall conform to the City of South Bend standards and requirements.
3. Proposed sanitary manhole shall be constructed to the rims, lines and grades shown on the Plans,
as well as the City Standard Details.
4. The frame and casting are to be included in the cost of the manhole installation.
5. The cost of sanitary bypass pumping operations shall not be paid for directly, but should be
included in the cost of the proposed sanitary manhole structures.
6. Payment will be made under:
Pay Item Pay Unit
Manhole, Sanitary, with Casting EACH
Doghouse Manhole, Sanitary, with Casting EACH
SP-48. AS -BUILT DOCUMENTATION
A. State Specifications: None
B. City Construction Standards & Specifications: Section 1
C. Additions:
1. Final hard copy as -built drawings requirements shall be in accordance with Prevailing
Specification Section 2090, except final as -built drawings shall be submitted in electronic PDF
format.
2. This work shall not be measured or paid for directly but shall be considered incidental to the
Project.
Version 7/01/2018 Special Provisions - 21
G.E. MARSHALL, INC.
CITY OF SOUTH BEND
PRIVET LANE CULVERT REPLACEMENT PROJECT
DECEMBER LOTH, 2019
State Board of Accounts
Form 96
Section II Plan and Equipment Questionnaire
SCOPE OF WORK:
• Call for utility locates
• Mobilize to job site
• Install erosion control measures
• Install temporary roadway
• Clear and remove trees
• Excavate and remove old culvert
• Install new culvert and wing walls
• Install new roadway
• Remove temporary roadway
Install rip rap
• Install trees
• Install seed and sod
• Remove temporary erosion control
• Demobilize
G.E. i'ARSHALL, INC.
CITY OF SOUTH BEND
PRIVET LANE CULVERT REPLACEMENT PROJECT
DECEMBER 10T", 2019
State Board of Accounts
Form 96
Section II Plan and Equipment Questionnaire
#2: Subcontractors used on public works projects during the past five (5) years -
Rieth-Riley Construction Company Walsh & Kelly
7500 West 5t' Avenue 1700 East Main Street
Gary, Indiana 46406 Griffith, Indiana 46319
Asphalt & Concrete Asphalt & Concrete
K & S Engineers
9715 Kennedy Avenue
Highland, Indiana 46352
Material Testing
Midwestern Electric
1620 East Chicago Avenue
East Chicago, Indiana 46312
Electrical
Slusser's Green Thumb
1610 Genesis Drive
LaPorte, Indiana 46350
Landscaping & Seeding
Doug & Steve Construction
204 Division Street
Schererville, Indiana 46375
Concrete
G.E. 1"ARSHALL, INC.
CITY OF SOUTH BEND
PRIVET LANE CULVERT REPLACEMENT PROJECT
DECEMBER 10T", 2019
State Board of Accounts
Form 96
Section II Plan and Equipment Questionnaire
#3: Name and Address of Subcontractors —
Bertsch -Frank & Associates
811 Lawrence Drive
Fort Wayne, IN 46804
Walsh & Kelly
24358 State Road 23
South Bend, IN 46614
Homer Tree Service
16464 W. 143`d Street
Lockport, IL 60441
G.E. MARSHALL, INC.
CITY OF SOUTH BEND
PRIVET LANE CULVERT REPLACEMENT PROJECT
DECEMBER 10T". 2019
Name and Address of Suppliers:
Utility Supply Company
52 South Park Ave.
Peru, Indiana 46970
Klink Trucking, Inc.
24255 State Road 23
South Bend, IN 46614
County Materials Corporation
6142 S. Indianapolis Road
Whitestown, IN 46075
Lowell Concrete
9312 W 181'. Ave.
Lowell, Indiana
.yi E MARSHALL C
SITE WORK a EXCAVATING e DEMOLITION
� u ALPARAIISO* IIN I
1351 Joliet Road • P. O. Box 242 # Valparaiso, IN 46385 • www.gemarshall.com
Tel 219-462-3415 9 Fax 219-462-3964
G.E. Marshall, Inc. states that any individuals who will perform work for Privet Lane Culvert
Replacement Project, will be properly classified as an employee or an independent contractor
under all applicable state and federal laws and local ordinances.
G MARSHALL INC*
awMSITE WORK
DEMOLITION
wMwlMllw�VALPAIRA150t IN
1351 Joliet Road • P. O. Box 242 • Valparaiso, IN 46384 a www.gemarshall.com
Tel 219-462-3415 * Fax 219-462-3964
References
Berglund Construction Coolman Communities
126 Venturi Drive 359 S. Franklin Street
Chesterton, IN 46304 Valparaiso, IN 46383
(219)926-4246 Fax 926-3747 (219)464-8055 Fax 477-4557
Fred Berglund Ron Fisher/Bob Coolman
AECOM Community Living Solutions
1800 W. 17�h Street — Suite A 2801 E. Enterprise Ave. — Suite 202
Bloomington, IN 47404 Neenah, WI 54956
(812)336-0972 Fax 336-3991 (920)969-9344 Fax 969-9345
Jason Guenther Charlie Frederick
Georgia-Pacific Gypsum Corporation NIPSCO
133 Peachtree Street Northeast 801 E. 861h Avenue
Atlanta, GA 30303 Merrillville, IN 46410
(404)652-7123 Fax 230-4689 Craig Hicks
Dave Sundell
Lend Lease U.S. Aggregates
30 S. Wacker Drive — Suite 2400 9331 W. 205 Avenue
Chicago, IL 60606 Lowell, IN 46356
(312) 656-0150 Fax 245-1379 (219)696-5467 Fax 696-5467
Curtis Brown
Graycor Rieth-Riley Construction Co.
1 Graycor Drive 7500 W. 5'h Avenue
Homewood, IL 60430 Gary, IN 46406
(708)206-0500 Fax 221-7119 (219)977-0722 Fax 944-2472
Jim McAvoy / Randy Norris Keith Rose
Walsh & Kelly Notre Dame University
24358 State Road 23 100 Facilities Building
South Bend, IN 46614 Notre Dame, IN 46556
(574)288-4811 Fax 289-7174 (574)631-5637 Fax 631-8468
Nick Relias Paul Kemph
G*Ee MARSHALL t go
SITE WORK * EXCAVATING 9 DEMOLITION
■� VAIIWP,IMIMIMAIS*, IMM �IIIIIM
1351 Joliet Road • P. O. Box 242 Valparaiso, IN 46384. www.gemarshall.com
Tel 219-462-3415 « Fax 219-462-3964
References
Valparaiso University
610 Don Hovey
Valparaiso, IN 46383
(219)464-5132 Fax 464-6721
Fred Plant
Taltree Arboretum & Gardens
71 North 500 West
Valparaiso, IN 46385
(219)462-0025 Fax 464-0331
Damien Gabis
9 -
SITE �w +reEe
��MMIIrM�MMw WORK e EXCAVATING e DEMOLITION
t
1351 Joliet Road. P.O. Box 242. Valparaiso, IN 46384. www.gemarshall.com
Tel 219-462-3415 . Fax 219-462-3964
Projects of similar size and scope of work compared to Privet Lane Culvert Replacement Projectt
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Valparaiso, IN Valparaiso City Utilities
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Valparaiso, IN Valparaiso City Utilities
Dune Forest Trail - Knoelke Drive Drainage Improvement Town of Porter
Porter, IN Porter Stormwater Management Board
East Chicago Hydrant Replacement City of East Chicago
East Chicago, IN
Porter's Vale South Watermain City of Valparaiso
Valparaiso, IN Valparaiso City Utilities
Chautauqua Park Stormwater, Project B City of Valparaiso
Valparaiso, IN Valparaiso City Utilities
Kozy Stormwater Relief Pump Station Project Town of Chesterton
Ballast to Argos, IN Department of Stormwater Management
Liberty School Storm Drainage Duneland School Corporation
Chesterton, IN
Morningside Storm Water Improvements Town of Chesterton
Chesterton, IN
LaPorte Avenue Watermain Improvements City of Valparaiso
Valparaiso, IN Valparaiso City Utilites
Chautauqua Park Stormwater, Project A City of Valparaiso
Valparaiso, IN Valparaiso City Utilities
Purpose
To reduce the opportunity for accidental injuries to persons, and to protect the property of the
company, employees, other workers, customers, and the general public. To detect illegal
and unauthorized substance abuse and contraband in the workplace, and to improve safety,
productivity, quality workmanship, tardiness and minimize employee absenteeism.
Scope
This policy applies to all G.E. Marshall, Inc. employees. Our Substance Abuse Policy may be
required to comply with the contractual obligations of our customers, government
agreements, a particular federal, state, or local agency, or owner requirements. G.E.
Marshall, Inc. employees will adhere to the Building and Construction Resource Center's
(BCRC) requirements. The requirements for the Standard BCRC Policy and DOT Highway
BCRC Policy can be found in Attachments A and B, respectively, in Section 48 —
Attachments.
Definitions
Alcohol - Any fermented, distilled or manufactured substance which, when consumed, can
impair normal functions.
Annual - Not based on a calendar year, but based on 12-month periods with the start of the
period reflecting the date the employee began work on the owner's premise.
Company Premises - Includes all buildings, land, vehicles, work areas, jobsites, customer
areas and work locations, whether owned, leased, rented, or used by G.E. Marshall, Inc., as
well as anywhere an employee is working in the course and scope of Company employment
and pay status, including while working on the property of another employer, customer, or a
client.
Druas - As used in this policy, the term means any drug, narcotic or other substance of which
use or possession is prohibited or controlled by state or federal statute. The term includes
substances prescribed by a physician. The terms and conditions under which an employee
may use and possess physician prescribed drugs are covered under prescription medicines
in this policy.
First 'visit ScLeeninq - A screening performed upon an employee's initial visit at a healthcare
facility due to a work -related injury suffered on company property or the jobsite.
Fitness For Duty -Form - A form used to objectively determine reasonable cause for
substance abuse testing,
Illegal - A controlled substance included in Schedule I or II, as defined by Section 802
(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter
13 of that title. The five (5) more common illegal substances include:
• Marijuana (THC metabolite)
• Cocaine
• Amphetamines
• Opiates (including heroin)
• Phencyclidine (PCP)
0 2016 Safety Management Group of IN, Inc. 159
The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.
Negative ative Test - A negative screening obtained if: (1) the screen test indicated the absence of
legal or illegal substances in excess of the screen limit, or (2) the screen test indicates the
presence of legal or illegal substances in excess of the screen limit but the confirming test
indicates the absence of legal or illegal substances in excess of the confirmation limits.
Peaitiye Test - A positive test result is obtained if: (1) substance abuse test results indicated
the presence of illegal substances in excess of both the screen and confirmation limits, as
verified by a Medical Review Officer, and (2) the Medical Review Officer has determined that
the test results do not stem from the use of prescriptions medicines, over-the-counter
medicines, food, or any cause than the use of illegal substances.
Probable Cause - Probable cause will be defined as those circumstances, based on objective
evidence about the worker's conduct in the workplace that would cause a reasonable person
to believe that the worker is demonstrating signs of impairment due to alcohol or other drugs.
In most cases, the objective evidence giving rise to probable cause will be observed by at
least two individuals, but recognizing that in certain circumstances the observation may be
made by only one individual. Examples of objective evidence include when a worker shows
signs of impairment such as difficulty in maintaining balance, slurred speech or erratic or
atypical behavior.
Working Fours - Includes the entire period of normal working hours, including lunch periods
and break periods.
Procedures
Prohibited Activities
■ Employees are prohibited from manufacturing, possessing, using, selling, distributing,
receiving or transporting any controlled substance or illegal drug.
• Employees are prohibited from performing duties or operating heavy machinery while
under the influence of alcohol or controlled/illegal substances or drugs.
Testing Requirements
■ Pre -Employment Screening Policy
o All applicants who are being considered for employment will be required to
submit to a drug and alcohol screen. If the applicant refuses to consent or tests
positive, the applicant will not be allowed to report for work.
For Cause Test
o If an employee is reasonably suspected of possessing, distributing or selling
drugs or alcohol on G.E. Marshall, Inc. property or jobsite at any time.
o If the employee's behavior or job performance is reasonable cause to suspect
that he/she is under the influence of drugs or alcohol on the job.
o Employee is unable to perform work in a safe or productive manner.
o Reasonable suspicion will be determined by a company official or competent
person.
0 2016 Safety Management Group of IN, Inc. 160
First Visit Test
o Employees, as a result of a work -related injury, that require professional
medical attention will be subjected to a substance abuse screen upon arrival to
the clinic.
Random Test
o Random testing times/dates are selected by the Safety Officer will be
unannounced with no predictable frequency.
o Employees refusing to be tested will be interpreted as a positive test and refusal
of the test can result in discharge or the employee will have immediate
termination.
Confidentiality
o All test results will be confidential and only accessible to authorized personnel.
o It is imperative that confidentiality be maintained at all times.
o Any positive test results must be confidentially reported to the appropriate
employee manager or supervisor.
Post Incident
o Any employee involved in work -related incident.
Testing Results
Employees testing positive may be allowed to remain employed if the employee at
their own expense meets the following requirements:
o Return to duty drug/alcohol testing is performed and results are negative.
o Employees are required to have successfully completed counseling or
rehabilitation program.
o The employee agrees to remain drug and alcohol free while continuing
employment with G.E. Marshall, Inc.
o Employee that receive unacceptable testing results will not be allowed to work
on owner/host facilities.
SECOND OFFENSE will be cause for IMMEDIATE TERMINATION!
0 2016 Safety Management Group of IN, Inc 161
at all times said Employer is required to have one, the Union shall have the right to strike
and/or picket, after notice, and use all other legal and/or economic means to cause the
Employer to comply with this Article.
ARTICLE XXXIV
APPRENTICES
Section 1. New Applicants for employment with a signatory contractor who have
fewer than 4,000 hours of experience as a Construction Craft Laborer (or alternatively,
cannot demonstrate equivalent skills by achieving a satisfactory score in a placement
examination administered 6y' the Joint Apprenticeship and Training Committee (JATC),
shall, whenever practical, enter and be allowed to enter the Apprenticeship program on a
non-discriminatory basis in accordance with the terms of the Apprenticeship Program.
Any person entering, but failing to maintain and complete his or her apprenticeship, shall
not be employed by the Employer as a Journeyworker under this Agreement. The failure
of any Apprentice to maintain his or her" apprenticeship status shall obligate the Employer
to discharge such person upon notice from the Union.
Section 2. The Apprenticeship and Training Standards approved by the Federal
Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby
incorporated herein by reference and made a part of this Agreement.
Section 3. The Apprentice wage rates:
Hours of Credit Wage Rate
1 am�r period 0 1000 hours 75% of pournc worker rate .. .
2 period 1001 2000 hours 85% of,�yourpgworke rate
3Kperiod 2001 3000hours 90%otouanewotkea rate
....
w 4aary uraocl a.... 3001 400000 hours 95% OQ� urney q lea rate
Section 4. The requirements for entry into the Apprenticeship program shall be
controlled by the JATC, which shall employ appropriate testing and screening
procedures. An Apprentice advances from one hours -of credit and wage -rate category to
another only upon determination of satisfactory performance by the JATC, pursuant to
requirements specified in the Apprenticeship Program which shall have the authority to
grant accelerated credit where warranted by the performance of an individual Apprentice,
Section 5. Except as provided in Section 9, the Employer shall participate in the
Apprenticeship Program by considering Apprentices for employment upon referral by the
Union. The Employer shall have the sole right to reject, at any time, any Apprentice
referred to it, or working for it. The Employer is not obligated to accept more than one
(1) Apprentice for every five (5) Joumeyworkers commencing with the sixth Laborer
needed by the Employer. This ratio shall be measured on a company wide basis, and
29
Effective May 1, 2017. the parties recognize that individuals employed by corporations/Employers who
are party to this Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these
employees receive compensation in such a mariner that it is difficult to determine for purposes of fringe benefit
contributions the precise number of hours which are spent performing bargaining unit work. It is therefore
agreed that when an employee who is employed by a corporation/Employer, performs both bargaining unitand
non -bargaining unit work and who:
A. Is a shareholder, officer and/or director of the corporation/Employer, or
B. is a 15% or greater owner of an LLC or the equivalent thereto; or
C. Is a relative (father, mother, son, daughter, brother, sister, husband, wife, in-law) of a
shareholder, officer and/or director of the corporation/Employer, the bargaining parties have
agreed that any shareholder/relative reporting under this clause must report one hundred
thirty-five (135) hours per month twelve (12) monthsa year, irrespective of the amountofwork
they perform or the amount of compensation they receive in any individual month.
Contributions are due by the loth day of the preceding month for which the Employer is
reporting. The Employer may elect to report on the basis of actual hours worked per month
provided hours reported are in excess of one hundred thirty-five (135) hours each month.
Hours reported in excess of one hundred thirty-five (135) hours are reported on the Employer's
regular remittance report due by the 10th day of the following month.
The Employer shall be required to make contributions on behalf of such employees for at least a
minimum of one hundred thirty-five (135) hours per month or, at the employee's election, actual hours worked
in a month if greater than one hundred thirty-five (135).
Corporate officers, shareholders and their children will be exempt from this provision when they
operate equipment doing bargaining unit work during an emergency such as fire, flood, or to save life or
property.
The sole liability of the Employer to the Apprenticeship Fund shall be the payment of hourly
contributions as set forth in this Article, provided, however, that nothing herein shall be interpreted to release
the Employer from its obligations under the Apprenticeship Standards asset forth above and shall be liable for
contributions due, liquidated damages, interest, and any other cost of collection.
SECTION 2 - WAGES AND FRINGE BENEFITS FOR APPRENTICES IN ALL COUNTIES
The following schedule sets forth the rate of pay and contributions for fringe benefits for apprentices in
the period or step number indicated on the introduction slip:
FRINGE BENEFITS FOR FIRST AND SECOND YEAR APPRENTICES
UU17
s(u18 51j`19 5j1/20 5aa
Health & welfare
$14,50
S15.00 ###S1.75 ###S1.7S ###$1.80
Pension
$6.70
$7.20
REF
$1.40
$1.40
Vacation Savings
$0.50
$0.50
Apprenticeship Fund
$1.35
$1.35
R,NSP
$3.25
$3,50
BCRC
$0.08
$0.08
CIRSTF
$0.40
S035
CAF
$012
S0.12
Four County Highway Contractors Croup
FINAL 2
D Faga n
February 20, 2017
5/1/17
18 S4V19 5tU20 5t1/21
Health & Welfare
$14.50
S1100 ### S1.75 #R# $1.75 ### $1.80
Pension
S10.50
$11.00
REF
$1.40
$1.40
Vacation Savings
$0.75
$0.75
Apprenticeship Fund
$1.35
$1.35
RMSP
$3.25
$3 50
BCRC
$0.08
$0 08
CIRSTF
$0.40
$0.45
CAF
$0.12
$0.12
WAGES FOR ALL APPRENTICES
UU17
iam SLIM ulaft 51.1121
1st Year
SUBS
$24.25 ### $1.75 ### $1.75 ### $1.80
2nd Year
$26.80
$27 20
1st Half of3rd Year
$28.80
$29.20
2nd Half of 3rd Year
$30.6S
$31.05
1st Half of 4th Year
$32.70
$33.10
2nd Half of4thYear
$36.45
$36.85
### Prior to May 1it, the total package shall be allocated between wages and fringe benefits as
determined by the Union.
Contributions to the Welfare, Pension and Apprenticeship Fringe Benefit Funds shall notconstitute wages
to the employee.
At the end of 6,000 on-the-job training hours, the Apprentice shall become a journeyman Engineer and
shall be paid pursuant to the wage scale and classifications set forth in this Agreement.
In no event shall the rate of pay for apprentices exceeding that rate provided for the classification of
machine the apprentice may be operating as contained in Article XII of this Agreement.
Apprentices shall be paid the wage rate set forth on the Apprenticeship Introduction Slip issued to the
Employer and the Apprentice at the time the Apprentice is dispatched to the Employer.
The Introduction Slip shall indicate the status of the Apprentice. As the apprentice progresses in period or
step number, he shall be paid pursuant to the rates set forth in this Agreement.
In addition to the above provisions for rates of pay, the Employer shall pay fringe benefit contributions as
provided for in this Agreement.
ARTICLE XII
FRINGE BENEFITS AND WAGE RATES FOR LAKE, PORTER, LAPORTE AND ST. JOSEPH COUNTIES
FRINGE BENEFITS
5ZJL17
'SJ11„0. 511119 511/20 S!1/21
Health & welfare
$14.50
S 15.00 ###S1.7S ### S1.75 ### $1.80
Pension
$10 50
$11 00
REF
$1.40
$1 40
Vacation Savings
ii.00
SLOU
Apprenticeship Fund
$1.35
S13S
RNISP
$3.2.5
$3..50
URC.
MOB
$0 08
CiRSTF
30.40
$0.4:;
CAF
501_'
SO. 12
3.3
Fciur Foun¢y Highway CiDtl.A racrou"s Group
FINAL :?:
DFagan
when using new types of equipment not formerly used by his Company; the Negotiating Committee of the
Employers and the Unions shall meet to immediately negotiate the wage scale for same. The agreed rate
shaIll be retroactive to, the equipment's first day of use.
Section 16. Apprentices.
General. The parties to this Agreement have established an apprenticeship program that is
administered by the Teamsters Union Local No. 142 Training and Apprenticeship Trust Fund
(hereinafter "Apprenticeship Program."). This Article applies to each apprentice who is accepted
into and enrolled In the Apprenticeship Program (hereinafter "Apprentice").
Probation Period. Each Apprentice shall be required to serve a probationary period of not less
than 600 hours of on-the-job learning, over a period of not less than six consecutive months. The
rate of pay for an Apprentjcp for this probationary period shall be fifty percent (50%) of the
applicable rates set forth in ARTICLE41 of this Agreement (hereinafter "Journeyworker Rates").
3. Wages. The wages of an Apprentice shall be a percentage of the Journeyworker Rates, which
percentage shall be:
Minimum
On -The -Job
Hours to
Complete
Minimum Time Required
Applicable
PeriodPeri
�d ..............
Penntagt
During Period 1
600
Six (6) consecutive months
50%
During Period 2
Additional 600
Additional six (6) consecutive months
65%
During Period 3
Additional 600
Additional six (6) consecutive months
80%
During Period 4
Additional 600
Additional six (6) consecutive months
90%
3-(a) The applicable percentage for the apprentice wage rate referenced in Section 3 above shall be
applied to the Teamster Group III rate contained in Section 11 to determine the correct wage rate
for apprentices doing covered work.
3-(b) The minimum hour and minimum time requirements for each period are in addition to all minimum
hour and minimum time requirements for previous periods. The applicable percentage for
periods 2, 3, and 4 above shall not apply until the Apprentice has completed all of the minimum
hour and minimum time requirements for all previous periods and all other requirements of the
Apprenticeship' Program for all previous periods. Employers shall contact the Apprentice
Coordinator and the appropriate Business Representative responsible for the placement and
wage rates of Apprentices to confirm the applicable wage rate percentage for each Apprentice.
4. Ratio. The maximum number of Apprentices for each Journeyworker shall be a ratio of 1;5 for
each Employer and 1:3 on each job. Any Employer employing at least five (5) Joumeyworkers
may choose to employ one (1) apprentice, if available. To avoid the layoff of Joumeyworkers
currently employed by an Employer, Apprentices will be placed by the Union with an Employer
when the Employer makes the next available request for manpower.
5. Work. The Employer shall be responsible for the training of each Apprentice on the job. The
Employer shall take reasonable steps to assign vehicles and work to an Apprentice in a manner
that allows said Apprentice to meet his on-the-job training requirements under the Apprenticeship
Program.
6. Coordinator. It shall be the responsibility of the Apprentice Coordinator and the appropriate
Business Representative responsible for the placement and wage rates of Apprentices to rotate
Apprentices among Employers to insure that all Apprentices receive on-the-job training in all
15
Entity Type: Domestic For -Profit Corporation
Creation Date: 04/18/1980
Principal Office Address: POST OFFICE BOX 242, VALPARAISO,
IN, 46384, USA
Jurisdiction of Formation: Indiana
Title
Name
Secretary
ROSS J. MARSHALL
President
FRANK MARSHALL
Vice President
ROGER MARSHALL
Treasurer
CLINT MARSHALL
Jill
Type: Individual
Name: FRANK A. MARSHALL.
Address
Business Status: Active
Inactive Date:
Expiration Date: Perpetual
Business Entity Report Due 04/30/2020
Date:
Years Due:
1351 JOLIET ROAD, VALPARAISO, IN, 46385, USA
1351 JOLIET ROAD, VALPARAISO, IN, 46385, USA
1351 W JOLIET RD, VALPARAISO, IN, 46385, USA
1351 W JOLIET RD, VALPARAISO, IN, 46385, USA
Address: 1351 W JOLIET RD, VALPARAISO, IN, 46385 - 0000, USA
,y. r 'k h� 11
Ill
ISSUED
C
3orpahnerd of
s m
INDIANAPOLIS, IN May 9, 2019
Ia
G E MARSI-IALL INC
who has Aed with the Department a Contractor's Statement of Experience and Financial Condition as
required! under Indiana Code . 3-'10, ishereby qualified to bid at anyDepartment of Transportation
letting in Classes of Work and within the amount and other limitation of each classification as listed
below, for such period as the uncompleted worts on hand from all Sources sloes not exceed the Aggregate
amount. Classification references by name or, s mbol are in accordance with the definitions in the
Contractor's Statement of Experience and Finan(i 'Condition. This certificate supersedes any certificate
previously issued, but is subject to revision or revocation according to the law, if and when changes
III the financial condition of the contracting firm or ether facts justify such revision or revocation.
Vafidl Mar), I, 201191'hiru A/)w1I 302020
AGGRE6ATr� ..........
0188
FORCE MAINS AND LIFT STATIONS
................... $5,000,000
(,'(A,.)
CIIIFAVyrGRAI_VI 0 ......... ............
_.,...,....... S"TJ23,OOO
➢:(I,)
4rl'v MJI, SxI It)N4; C'0.1 FS AM) VWRAJINAGH ri ms ._.. _.. .. ..,
$71,123,000
IC(Ilifi)
I)II I;PSUWIIsRAND/OP11FXCAV1hI'IIGtV'....,......
$71,123,000
E(1)
PERMANENT SFEDING, SODDING, AND TOP SOIL ...
.,. . ,,,,$5,000,000
E(T)
DEMOLITION......, ....... ..........
_..,. ......$'"71
PREQUALIFICATION ENGINEER
State Fe ,t 20508 (R3 / 5-05)
IIPfttCONER'ry
June 1, 2019 — May 31, 2022
ARTICLES OF AGREEMENT
for
GENERAL CONSTRUCTION
OF
HEAVY& HIGHWAY
PROJECTS
Lake and Porter Counties, Indiana
Calumet City, Illinois
TEAMSTERS
LOCAL No. 142
An Affiliate of the
International Brotherhood of Teamsters
The dues of our Local Union are payable quarterly, and in order for a member to be in
good standing for Union benefits, his dues must be paid by the last day of the first month of
each quarter. No exceptions.
Members leaving the craft must be sure to apply for a withdrawal card. Dues will be
charged to member and all back dues and fines must be paid if member returns to work.
TEAMSTERS LOCAL UNION NO. 142
1300 Clark Road
Gary, Indiana 46404
Gary 219-949-1550
Chicago 773-721-8800
Fax: 219-944-6278
TABLE OF CONTENTS
Article I-Recmomi§omof Scope of Agreement ....................
2
Section 1-Geographic Coverage '--------------_-----.
2
Section 2-Recognition ............................................... ________,_
2
Section 3-Bargaining Unit ...............................................
2
Section 4-Work Covered ............................................ -__--_-.......
2
Section5.................................................................. ~'~''^~--'^^~^~^'~'
2
Section G-Work Outside the Scope wfthis Agreement ....... ....... -_.---
2
Article 2-Work Coverage .......... ___-................ --...... -........ .-.-.
3
Article 3-Union Security ....................... -....._....... ------._-.....
3
Section 1-Additional Employees .......... ........ -_-.-.--_-_--.'.-
3
Section 2-Maintenance ofN1emberohip--__.... __...... .----.'_...
4
Section 3-New Employees ................ ......... .-__-----...-............
4
Section 4-Enforcement .................... ........... -.__---.......
4
Section 5' Applicability ............................
4
Article 4-Subcontracting ............................................................... --_-
4
Section1................................................................................... -_-.
4
Section2................................................................................... ---..
4
Section3.................................................................................. --_.
4
Section 4' Spreading&/mrDistributing Materials onConstruction 8itao----..
4
Article 5-Pre-Job Conference .................. --__--__..~_.-.--_-._
5
Section1...--..--__--.._'.-__.-_--.,...-.-.._..-..--
S
Section 2_-_-........... -.......... .............
5
Section3-__-........... -_--__._-...-.............. ....... -.--.-
5
Article 6- Adjustments of Disputes -._--_-_-.......... -_-__-_-.
6
Section1................................. ------__........... ......... ----.
S
Section2.................................. _____...... _~.,__.____^__
5
Section3................................ ___ ...... -........ _.--.__.-.---.'
8
Section4................................. -___....... ............ __--.._-_,-.
G
Section5................................. ..--.......... --_--._..,_.-.~..,.~.-
G
Section 8--Jurisdictional Disputes ............. .__--.-.._..-.-.....,.......
G
Article 7-Hours mf Work & Overtime Pay_ ....... --...... _-__...... _--
8
Section i-Work Week / Work Day ...... ----____----...... ---
G
Section 2-Sundays and Holidays ....... ---.____-_-'_-.____-
G
Section 3- Reporting to Work ...........................
8
Section 4-Special Provisiono----..._----__-..'.~..~-..-._'
8
Article 8-Loading & Unloading ............... -_------_-__--_--'
9
Article 9-Training Fund -------_-_-______-_--_-......
3
Section1.................. _.__----...--_-_----_............. --
S
Section2................. -._.-__-----_-......... -....... _-...........
S
Section3................. --.__--_----........ ---_-_----
S
Section4................. _--_----...... ...... --_--.'-_.......... ,
9
Article 10 -Bond for Wages, Fringe Benefits & Industry Fund__,,__, ..... _ ... _ 10
Article 11 -Hourly Wages Rates & Job Classifications,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�.„,s
Section1........................................... .................. ....................w....,,.
Section2......................................................... ,
Section3..................................................... .............. .....................
Section4.................................................................................... .......
Section5.......................................................
Section6........................................................................
Section7.............................. ... ................... ,..,, .....
Section8....................................................................
Section9................................................... .....,....,...
Section10........................................................................... . ... ......,.
Section11 ............................... ......................o.., ......
Section 12.................................... ....
Section13..........................................................
Section14................................................rv, ........,..,......
Section15................ .......... ..........,. ,..., ....,....
Section 16—Apprentices ...................... .... ..... ,,.,..,...,..
11
11
11
11
11
12
13
13
14
14
14
15
15
15
15
15
15
Article 12 - Shift Work.........,., ............................ 16
Article 13 - Health & Welfare Benefits_ ........................ ,..,...,,,.., 16
Article 14—Pension................................................................... ........ ___ .
17
Section 1....................... . . .... ...........
17
Section2.............................................................................................. 18
Section 3—Annuity Fund .,......................................... .............18
Article 15 - Validity & Savings Clause........................................................... 18
Article 16 - Employment Termination........,, ............. ....... ............ 19
Section 1 - No Discrimination............0................................ ......... ......... 19
Section 2 - Discharge or Suspension, . .... .. . . ............. ........... . . ............... 19
Section3.................................... „.,.... ......,,, ,,.,.... ,.......,... ,,,,,,....,. 19
Article 17-Owner-Drivers.......... ................................. ............................. '19
19 Section 1................................„ .......,,,,....,.,.,.....,
Section2.......................................................................... ....a.....,,. 19
Section3............................................................................. ........... 19
Section4.........................................
Section5....................................................a........,a....a........... ..,........ 19
Section6.................. ..................... ......a,................ ......,,.......,......... 19
Section7............................................................................................ 20
Section8................ ....... ................. .................,,,..,, 20
Article 18—Stewards...................... .......... ............ ................ ,., 20
Section1.................. ........................ ........ ,......
Section2.......................................a,....,.,......,.,,.,.,..... ........ 20
Section 3.................. .........w,...,.,.,........, ,
20
Section4............ ......... ............................................ .................. 20
Section5.._.--'--~.................... .—............ --._--_—__......
20
GecUonG- Discharge, Permanent orSeasonal Layoff ofUnion Stewards .......
20
Section 7-Recall ofUnion Stewards .........................................................
21
Article Y9-Mechanic's Tools, —...... —_.---_—
21
Section1............. —_..—_.......... --__-^—.'—..'.......... --_.
21
Section2........................................................... —_............ ---_
21
Section 3--Mechanics Preservation Clause ... .......... —....... ----_—.
21
Article 20'Protection of Rights ............... _--............. ....... '.._-----
21
Article 21-Separate Agreements .............. ._—_........ —..—....... -----
21
Article 22-Compliance with Safety 8kTraffic Laws, ...... --_........ .._---
22
Article 23-Inspection Privileges .... —_-..~...-----............. —_--....
22
Section1................................... ,^......
22
Section2................................ —._.....-...--.................. --__—
22
Article 24-Contributions tmBuilding & Construction Resource Center Inc.
(Substance Abuse) ................................................................. -
22
Section1............................................................................................
22
Section2....................................................................................... --.
22
Section3.......................................................................................... —
23
Section4....................................................................................... ...—
22
Section 6.-.-...__—_----....... --_—_—.....
23
Section8..._--_--....... —__....... ~.^~.........
23
Article 25-Industry Advancement Foundation ..... ----...-------...
23
Section1................................................ ---_........ _..-_.............
23
Section2.................................................... _.......---_—_--'—
23
Section3..................................................... -._...---........ —_--.
23
Section4............................................... —.—'.._......... —.-----
23
Article 26-FammAband Medical Leave Act— _—_........... ....... —_--_...-
23
Article 27-Economic Loss --_—........ ..—_—.......... —__---_...... ..
24
Article 28-NoStrike, NmLockout .... ........ _--.... ...... --.—_--__--
24
Article 29-Addendummstmthe Agreement—, ............
24
Article 30-Contract Duratiom.—..---._..^-.~---_-.----.—_---.
24
'natummPage--.~--_----.-..._~___.....—.
Signature Page... ....... ..........
24
Mailing Address for H&W Pension Funds, —........ ...... ....... ......... _--
25
LETTER OF UNDERSTANDING #1___--.......... ----_...
26
LETTER OF UNDERSTANDING #2........ --....... --__—___........ --
27
JUNE 1, 2019 THROUGH MAY 31, 2022
ARTICLES OF AGREEMENT
for
GENERAL CONSTRUCTION
OF
HEAVY AND HIGHWAY
PROJECTS
IN
LAKE AND PORTER COUNTIES, INDIANA
CALUMET CITY, ILLINOIS
THIS AGREEMENT made and entered into by and between the undersigned, hereinafter referred
to as the "Employer" and Teamsters Local Union No. 142, an affiliate of the international Brotherhood of
Teamsters, hereinafter referred to as the "Union". An Employer is a person, firm or corporation who is
signatory to this Agreement. (The term "Employer" includes those members of the Four County Highway
Contractors Group (herein "The Group") who have assigned their bargaining rights to The Group and
those individual employers who, although not having assigned their bargaining rights to The Group, have
agreed to become signatory to this Agreement.)
WITNESSETH
THE PURPOSE OF THIS Agreement is (a) to enter into a definite labor management contract
covering the wages, hours, conditions of work and terms of employment in the relationship
between Employer and employee; (b) to prevent strikes, lockouts and work stoppages; (c) to
adopt suitable measures for the peaceful settlement of grievances and differences; (d) to
secure to members of The Group or other Employer sufficient capable employees; (e) to
protect the economic and employment welfare of employees.
It is mutually understood and agreed that the following terms relating to the wages, hours and
working conditions of workmen covered by this Agreement have been decided upon by means of
collective bargaining, and that the following provisions will be binding upon the parties to this Agreement
during the terms of this Agreement and any renewal period thereof.
ARTICLE I
RECOGNITION AND SCOPE OF AGREEMENT
Section 1. Geographic Coverage: The geographic area covered by Local Union No. 142 as
granted by the International Brotherhood of Teamsters Joint Council No. 25 Area and hereby recognized
by this agreement is Lake and Porter County in the State of Indiana and Calumet City, Illinois.
Section 2. Recognition: The Employer recognizes the Union as the sole and exclusive
bargaining agent with respect to rates of pay, hours of work, and all other conditions of employment for all
employees covered by this Agreement.
Section 3. Bargaining Unit: Employees covered by this Agreement are all employees in the
classifications of work covered by this Agreement, employed by the Employers in the contract territory
and engaged in the work described in Section 4 hereof.
Section 4. Work Covered: Jurisdiction: All work covered by the terms of this Agreement shall
be performed exclusively by those classifications of employees specified in the Agreement. This
Agreement shall apply to employees in the classifications herein set forth in the performance of work
involved in the following operations, but not limited to:
(a) Highway Construction shall include trucking, towing, pulling, and hauling for construction,
modifications, demolition, additions or repairs of roads and streets and construction thereto;
alleys, guard rails, landscaping, fences, parkways, parking areas, parking lots, airports, bridle
paths, recreational paths, athletic fields, golf courses, highway bridges, elevated highways,
grade separations involving highways; sewers, water lines and underground utilities including
fiber optic lines and pipelines incidental to the above defined construction. Airports, as used
herein, shall mean airports and flight strips, grading, drainage, and paving exclusive of
building construction.
(b) Heavy Construction shall include trucking, towing, pulling, and hauling for construction, or
modification, demolition, or addition, or repair of railroad construction projects, railroad
bridges, grade separations involving railroads, piledriving, piers, abutments, retaining walls,
viaducts, pedestrian tunnels, subways, elevated tracks, underground utility lines, fiber optic
lines, pipelines, drainage projects, sanitation projects, sewerage disposal plant projects,
aquaducts, irrigation projects, flood control projects, reclamation projects, reservoirs, sewers,
water lines, water supply projects landfill sites, water power development, hydroelectric
development, transmission lines, locks, dams, dikes, levees, revetments, channels, channel
cutoffs, intakes, dredging projects, jetties, breakwaters, docks, and harbors.
Section 5. All work covered by this Agreement is specifically the operation of vehicles, group
positions and equipment listed in Article 11 of this Agreement and shall be performed exclusively by those
classifications of employees specified in Article 11.
Section 6. Work Outside the Scope of this Agreement:_This Agreement incorporates the
terms of the Local 142/Northwest Indiana Contractors Association Agreement for "Building" work only as
defined in that agreement ("142/NWI"). For those members of the Four County Highway Contractors
Group who have previously signed the 142/NWI Collective Bargaining Agreement, or have otherwise
become bound to the 142/NWI Agreement for purposes of "Building" work only, it is recognized that such
Contractors are bound to the "Building" portion of the local 142/NWI Agreement only, and not through the
instant Four County Highway Contractors Group Agreement, for purposes of "Building" work.
ARTICLE 2
WORK COVERAGE
This Agreement shall cover Heavy and Highway and all other Construction work in Lake, Porter,
Calumet City, IL and all other Counties wherein Local No. 142 has jurisdiction.
All work covered by the terms of this Agreement shall be performed exclusively by those
classifications of employees specified in the Agreement. The Employer further agrees that no Trucks or
other equipment specified in the Agreement shall be used or operated unless a Driver or Operator
covered by the terms of this Agreement Is driving same, except for Pickup Trucks used by Foremen or
other Supervisory Personnel for transportation purposes only. This shall be strictly enforced by the
Company and the Union. No one shall haul material except employees covered by this Agreement.
It is also agreed that Drivers shall not perform major mechanical work on trucks.
ARTICLE 3
UNION SECURITY
Section 1. Additional Employees: When the Employer needs additional employees, it shall
give the Union as much notice as reasonably possible to provide a list of qualified applicants. It is
understood that the Employer shall not submit such a request "at the last minute' unless it is impossible
to do otherwise. This request shall be made either in writing or verbally to one of the Union designated
individuals responsible for providing the list of qualified applicants. In the event that it is not practicable to
provide written notice, the Employer shall provide a written confirmation of its verbal request within seven
(7) days of the verbal request. Both the written and verbal requests shall identify the specific job
class ification(s) to be filled, the certification(s) required, the expected hours of the job and the expected
length of the job. It is understood however, that the hours and length of time is only an estimate and not a
guarantee.
Once the Union receives the initial request (whether in writing or verbally), it shall provide to the
Employer a list of up to ten (10) qualified drivers to perform the specific job classification(s) to be filled
with such individual(s) having the certifications which the Employer seeks. The Union shall provide this
list to the Employer within forty-eight (48) hours of the request, excluding Saturdays, Sundays and
holidays. When the Employer's request does not permit the above identified forth -eight (48) hour time
period (including the exclusion of Saturdays, Sundays and holidays) to occur, the Union shall provide the
list of qualified drivers within twenty-four (24) hours with the Employer being required to provide written
documentation [within seven (7) days] demonstrating that it had no control over such a late request being
made. Similarly, when an Employer requests the list of qualified drivers then fails to hire anyone for the
requested position, the Union may request the Employer to provide written documentation � that the order
for the driver(s) has been cancelled by the customer. If requested, the Employer shall provide its
documentation within seven (7) days of the Union's request. While the Union agrees that these two
instances shall not be grievable, the parties agree that the Union may request such information for
purposes of provided same for purposes of establishing any abuse of this provision which information can
then be provided to the Group's Collective Bargaining Chairman.
In the event that the Employer does not choose to hire any individuals identified in the Union's
provided list, it may request one or more additional lists of up to ten (10) drivers. If the Employer still does
not choose to hire an individual(s) from these lists, then it shall hire individual(s) who has (have) the
required certifications and has had experience performing the sought after job classification (or its
equivalent as identified in the job classification groupings identified in this contract). In the event the
Employer has chosen to hire someone whose name has not been provided by the Union's list(s), the
Union may request the Employer to provide written proof that the hired individual has met the above
identified requirements. Any individual hired under the terms of this last paragraph may be required by
the Union to enroll in and complete training classes conducted by the Teamster Local No. 142 Training
and Apprenticeship Trust Fund at no cost to the Employer in order to bring the skill level of the new
employee to the level of a competent Construction Driver. Such new employees shall start such training
when the next training classes begin, which shall be within six (6) months after the new employee is
hired. The new employee shall be considered a probationary/temporary Driver until such time as he has
successfully completed the training. Probationary/temporary Drivers are not eligible for the 'but of work
list" or referral to other Employers. The use of the word "he" both in this paragraph and all other
paragraphs of the collective bargaining agreement refers to both males and females.
Section 2. Maintenance of Membership: Present employees who are members of the Union
must, as a condition of employment, maintain such membership during the term of this Agreement.
Section 3. New Employees: New employees shall, as a condition of employment, become
members of the Union by no later than the eighth calendar day worked after the beginning of
employment or after the execution date of this Agreement, whichever is later, and shall maintain such
membership as a condition of continued employment. New hires must have 1,000 hours minimum to be
eligible for the Out -of -Work list.
Section 4. Enforcement: Any employee who refuses or fails to fulfill the obligations of Sections 2
or 3 above, shall forfeit his right to/of employment; and the Employer shall discharge such employee
within forty-eight (48) hours of receiving written notice from the Union of the failure of an employee to
fulfill said obligation; provided, that, the Union shall hold the Employer harmless for demands under this
Section not in accord with federal law.
Section 5. Applicability: Any part of this Article 3 which is in violation of Indiana State Law or
Federal Law shall not be applicable to this Agreement.
ARTICLE 4
SUBCONTRACTING
Section 1. The Employer agrees that neither it nor any of its subcontractors will subcontract any
work covered by this Agreement to be done at the site of construction, alteration, or repair of a building,
structure, road or other work, except to a person, firm or corporation, signatory to this Agreement.
Section 2. Any Employer who sublets to or who hires any other Employer to perform any work or
services including the spreading on the construction site or the road bed of any stabilized base material to
be used for subsurface which shall include but not limited to fill, Poz-O-Pac, aggregate materials,
bituminous aggregate materials, cement aggregate materials, or any other trade name of base or paving
materials shall neither sublet nor hire any such Employers unless the employees of such Employers are
paid an amount equal to the wages and fringe benefits being paid to employees working under this
Contract.
Section 3. In the event a contractor or sub -contractor fails to comply with the provisions of this
Article, he shall be considered in direct violation of this Agreement. The contractor or sub -contractor
shall, within forty-eight (48) hours after receiving notice, excluding Sundays and Holidays, investigate and
meet with the Union to adjust or comply with the requirement.
Section 4. Spreading and/or Distributing Materials On Construction Sites: The Employer
agrees that stone, stabilized base materials, sand, and gravel will be spread or distributed on a
construction site, including road beds, exclusively by employees covered by this Agreement. Deliveries
of stone, stabilized base materials, sand and gravel by employees, firms or entities not covered by this
Agreement, shall be made exclusively to stockpiles and the Employer ordering those materials for
delivery by a third party is responsible to see that the provisions of this Section are not violated provided
that the Union shall hold Employer harmless for suits or demands under this Section not in Accord with
federal law.
4
ARTICLE 5
PRE -JOB CONFERENCE
Section 1. Before commencing any job that will last two days or more, an Employer shall meet
with the Union at a mutually agreed upon time and place for a pre -job conference for the purpose of
advising the Union of the Employer's requirements as to the number of employees, the probable starting
date, duration of the job, working schedules, personal protective equipment requirements and other
matters affecting employees. Notification by fax of such jobs, before commencing the work, may (at the
discretion of the Union) substitute for a pre -job; said fax will contain the names of sub contractors if
known. Failure to notify the Union, or if the Employer refuses to meet for the pre job conference, shall
give the I Ininn the right to recourse after a forty-eight (48) hour notice. to the Employer: Contractors
holding prime contract should invite their subcontractors to attend the pre -job conference. Said
subcontractors attending the pre -job conference conducted by the prime contractor would fulfill their
obligation of this section.
Section 2. When a project is within the territory of more than one Local Union, the determination
of the division of employees for representation purposes shall be made by an Agreement between the
Local Unions and the Employer(s) involved. In the event the Local Unions and the Employer's are unable
to reach such an Agreement, the Issue shall be referred within five (5) days to Teamster Joint Council No.
25. The Teamsters Joint Council No. 25 shall meet with the Employer(s) Involved to settle this dispute
and their joint decision shall be final and binding on all parties concerned.
Section. 3. All signatory contractors that have performed or anticipate performing long haul,
overnight work, will meet with the Union annually prior to June 15th of each year of this agreement to pre -
job rates for daily per diem lodging and detention time:
ARTICLE 6
ADJUSTMENTS OF DISPUTES
Section 1. With regard to any Employer the Group shall be the sole interpreter of this Agreement
and the Employer shall be bound by The Group interpretation thereof in all instances. In the event of any
differences or controversy as to the interpretation or application of this Agreement arising between any
Employer and an Employee in the Bargaining Unit, the difference or controversy shall be taken up at once
by the representatives of both the Union and the Employer who shall endeavor to make satisfactory
settlement. This meeting shall take place prior to the issuance of any grievance related to the same issue
(if agreed to by both the Employer and the Union a telephone conference may fulfill this requirement).
Section 2. If the differences or controversy cannot be settled in accordance with Section 1, then
the differences or controversy shall be reduced to writing within 15 calendar days of alleged occurrence
and shall be referred to a Grievance Panel of six members, three of whom shall be selected as outlined in
Section 5 from signatory employers and three by the Union. These selections shall be made within 21 days
after formal notification to disputed parties following failure of settlement between the representatives of
the Union and an Employer, and the Grievance Panel shall meet within fourteen (14) days after its
members are so selected to hear the evidence and endeavor to arrive at a decision, which shall be
consistent with the terms and provisions of this Agreement. Neither party shall be represented by legal
counsel during these Grievance Panel sessions. It shall be sufficient for a majority of the persons
deliberating to arrive at a decision and any decision reached shall be final, binding and conclusive on all
parties concerned. In the event one party fails to appear without an appropriate notice to one of the co-
chairs, the Grievance Panel shall hear the case and make a decision based upon the evidence presented.
"In the event an employer fails to comply with a non -deadlock decision by the Grievance Panel for a period
of thirty (30) calendar days, then after ten (10) days written notice by certified mail to the employer, with a
copy to The Group, and any appropriate prime contractor, the Union shall have the right to strike such non-
complying employer."
Section 3. In the event the procedure in Section 2 results in a deadlock by the Grievance Panel
and one party determines to go to arbitration, they must get their letter requesting arbitration to the FMCS
within 90 days of the date that the Grievance Panel deadlock. The matter may be referred to an impartial
arbitrator by either party. The arbitrator shall be a member of the National Academy of Arbitrators. The
parties shall attempt to agree upon the name of such Individual and In the event they cannot, they shall
jointly request the Federal Mediation and Conciliation Service to submit a list of five recognized arbitrators
and by the alternate striking of names, the name of the arbitrator shall be arrived at and such arbitrator
shall make a determination which shall be final, binding and conclusive on all concerned. Either party may
reject one list of arbitrators provided by the FMCS and request a second list of arbitrators. The arbitrator
considering the matter shall have no power to add to or subtract from or otherwise modify this Agreement.
In the event an employer fails to comply with an arbitrator's decision for a period of sixty (60) calendar
days, then after ten (10) days written notice by certified mail to the employer, with a copy to The Group,
and any appropriate prime contractor, the Union shall have the right to strike such non -complying
employer unless the employer has filed a timely action in court to vacate the arbitrator's decision. The
cost of the impartial arbitrator shall be borne by the party determined to be non -prevailing.
Section 4. A grievance shall be null and void if any time limit required by this Article 6 is not met.
However, this shall not apply in cases where the Employer purposely creates a delay(s). Furthermore,
time limits contained herein may be extended by mutual agreement between the Union and the Employer.
Section 5. The Grievance Panel will be co-chaired by one permanent member from Teamster 142
and one member from the management side selected from the membership of The Group. Grievances
will be heard by a panel of three members from the Union including the presiding co-chair and three
members of management including the presiding co-chairs. The Union shall select the panel members
that are Teamsters and The Group shall select the panel members that are signatory Employers. The
participants will be empanelled at the pleasure of the co-chair. The co-chairmen should alternate
presiding over hearings by the panel. Notification/request for a hearing should be made by the grieving
party to one or both the co-chairmen. It shall be the duty of the co-chairmen to set a date for a hearing in
compliance with Article 6 Section 2 of the agreement. The panels may utilize a neutral third party as a
recording secretary, made available to them, by The Group, whose sole purpose is to record the pertinent
sessions of the proceedings in order to record and render the decision of the panel in writing. In the event
the recording secretary is not at the hearing, the co-chair will produce the decision with details in writing
within 30 days and deliver by certified mail one copy to the non -presiding co-chair, one copy to The
Group, and one copy to the Employer.
Section 6. Jurisdictional Disputes. All jurisdictional disputes between or among building and
construction trades unions and employers, parties to this agreement, shall be settled and adjusted
according to the current edition of the Plan established by the Building and Construction Trades
Department, AFL-CIO, or any other plan or method of procedure that may be adopted in the future by the
Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive
on the employer and union parties to this agreement. There shall be no work stoppages or picketing of
any kind regarding disputes arising out of any jurisdictional dispute.
ARTICLE 7
HOURS OF WORK AND OVERTIME PAY
Section 1. Work Week/Work Day:
(a) The regular work week shall be a forty (40) hour week, Monday a.m. through Friday p.m. The project
starting time shall be established in Article 5, "Pre -Job Conference". Once established, the project
starting time shall not be changed without mutual consent of both parties unless required by the prime
contract. Eight (8) hours shall constitute a day's work as follows: 8:00 AM to noon and 12:30 to
4:30 PM on Monday, Tuesday, Wednesday, Thursday, and Friday, making a forty (40) hour week
straight time. The 8:00 AM starting time and the 4:30 PM quitting time specified above may be
adjusted by the employer by starting no earlier than 6:00 AM to 2:30 PM (inclusive of a 30-minute
unpaid lunch period).
(b) If an employee is required to start work prior to the regular starting time established in the prejob
conference, said employee shall receive one and one-half (1-1/2) times the regular rate of pay for
each hour worked prior to the regular starting time. However, during the pre -job conference,
individuals operating certain equipment or performing certain tasks may start their days earlier than
the other workers on thejob. These exceptions will be made to compensate for job conditions, special
considerations, and to prepare the work Site prior to the other workmen arriving,
In these special circumstances, the individual will be paid straight time for the first eight (8) hours he
works as long as the situation is covered during the pre -job conference.
(c) If the Employer chooses to schedule a lunch it shall be scheduled between the 4th and 6th hours of
the shift.
( d) The Employer shall be entitled to elect working his employees under one or two options.
1. On the basis of five (5) consecutive work days, Monday through Friday, eight (8) hours per
day, or;
2. On the basis of four (4) consecutive work days, Monday through Thursday, ten (10) hours per
day.
This option is available when all crafts working on the project for the Employer have a 'four -
ten" option.
(e) The option selected during the pre -job conference must be mutually agreed to and may be changed
only by the Employer giving modifications to the Union five (5) days in advance of such change.
(f) If the Employer elects Option 1, all hours worked by the employee in excess of eight (8) hours in any
one day (exclusive of lunch period) or over forty (40) hours in one work week (Monday through
Saturday) shall be paid at the rate of one and one-half (1-1/2) times the regular rate of pay. Saturday
shall be treated as make-up day if, due to the inclement weather, the Employer has not worked the
regular work days and hours Monday through Friday. If Saturday is scheduled as a make-up day, no
less than eight (8) hours of work will be scheduled.
(g) If the Employer elects Option 2, all hours worked by the employee in excess often (10) hours in any
one day (exclusive of lunch period) or over forty (40) hours in any one work week (Monday through
Friday) shall be paid at the rate of one and one-half (1-1/2) times the regular rate of pay.
Friday shall be treated as make-up day if due to inclement weather, the Employer has not worked the
regular work days or hours Monday through Thursday. if Friday is scheduled as a make-up day no
less than eight (8) hours will be scheduled, Saturday will be worked at the rate of one and one-half (1-
1/2) times the regular rate of pay.
(h) If a Teamster has not worked a minimum of the last regular work day worked during the week, he
cannot work a make-up day at the regular rate of pay. If any other craft of the Employer is receiving
time and one-half wages on the make-up day, the employees covered by this Agreement shall also
be paid at time and one-half.
(i) Employees must be informed prior to the conclusion of the last regular work day during the week that
the make-up day will be in whole or in part at the regular rate of pay (depending on how much
7
inclement weather was experienced).
0) Working a make-up day will be strictly on a voluntary basis. Employees refusing to work on make-up
days will not be penalized.
Section 2. Sundays and Holidays:
(a) Work performed on Sundays and holidays will be paid at double (2x) the regular rate of pay. Holidays
recognized by this Agreement are New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day. (No work shall be performed on Labor Day except to save life
or property). In jurisdictions where the majority of the other crafts have Veteran's Day or the Day after
Thanksgiving or any other holiday in their Contracts, the Teamsters will be granted the same holiday.
(b) When any of the herein mentioned holidays fall on a Sunday, the following Monday will be observed
as the holiday.
(c) All hours worked between the hours of 12:01 a.m. Saturday and 12:00 midnight Saturday on one (1),
two (2), or three (3) shift jobs shall be paid at the rate of time and one half with the exception of make-
up days. All hours worked between the hours of 12:01 a.m. Sunday and 12:00 midnight Sunday on
one (1), two (2), or three (3) shift jobs shall be paid at the rate of double time. All hours worked on a
recognized holiday between the hours of 12:01 a.m. of the holiday and 12:00 midnight of the holiday
on one (1), two (2), or three (3) shift jobs shall be paid at the rate of double time.
Section 3. Reporting to Work:
(a) The Employer not notifying the employee at least two (2) hours prior to reporting time that there will
be no work that day shall give him two (2) hours' pay for reporting. If requested by the Employer, the
employee must stay on the job to qualify for the two (2) hour pay. All reporting time shall be paid at
the applicable hourly rate for that day.
(b) When an employee is ordered by the Employer to report for work, and because of inclement weather
does not go to work, he shall be paid for two (2) hours time. When the employee goes to work and
must stop work after two (2) hours time because of inclement weather or equipment breakdown, he
shall be paid four (4) hours time. If the employee works four (4) hours or more, he shall receive 8
hours pay unless he must stop work because of inclement weather or equipment breakdown.. The
Employer may require the driver to remain at the job site during the hours for which the driver is being
paid.
Section 4. Special Provisions:
(a) Overtime shall be divided as equally as possible between the drivers in each classification, as these
classifications are required for overtime work.
(b) Drivers who haul men to and from job sites shall be guaranteed one half (1/2) hour overtime at the
beginning of the work day and one half (1/2) hour overtime at the end of the workday for
transportation of men when agreed upon by both the Union and the Employer at the pre -job
conference.
(c) Neither the Employer nor the Union will knowingly call or refer employees who are employed by
another Employer signatory to this Agreement.
(d) Wages shall be payable once a week in United States currency or checks at the option of the
Employer including direct deposit if the employee so chooses. In no event shall the Employer
withhold more than one week's wages.
(e) When the services of an employee are no longer required, he shall receive all of his wages due within
fifteen (15) minutes of his quitting time or by mail postmarked within twenty-four (24) hours of his
normal quitting time. If not paid within said twenty-four (24) hours, the Employer shall pay a penalty of
two (2) hour's pay to such employee at the employee's straight time rate of pay for each twenty-four
(24) period of delay after the initial twenty-four (24) hours. It is understood that said twenty-four hour
(24) periods shall not include Saturdays, Sundays, or holidays.
(f) Employees leaving the job of their accord, except of injury, shall be paid only for the time actually
worked. If an employee voluntarily quits or resigns his job for any reason, he shall be paid on the
regular payday.
(g) The Employer shall noy itinn in lirmidated damages tQ employees Who have been igciiari a had
Check by the employer.
(h) All Personal Protective Equipment (PPE) shall be furnished by the Employer. This shall include, but
not be limited to, hardhats, safety glasses, safety harnesses, safety footwear (safety toe and
metatarsal), respirators, face shields, FRC, Tyvek suits, rubber boots, etc. as deemed necessary by
OSHA, ANSI, Employer or the Owner.
ARTICLE 8
LOADING AND UNLOADING
Truck Drivers shall help load and unload their trucks and perform other duties assigned to them
that will not violate the recognized jurisdiction of any other Union, provided, however, no Driver will be
required to handle merchandise alone that will endanger his personal Health or Safety. Drivers will be
afforded the opportunity to inspect all loads for safety considerations. The Employer may not take
recourse against a driver who refuses a load for valid safety violations.
ARTICLE 9
TRAINING AND APPRENTICESHIP FUND
Section 1. Effective June 1, 2016 the parties to this Agreement authorizes the Teamsters Local
No. 142 Training Trust Fund to become the Teamsters Local No. 142 Training and Apprenticeship Trust
Fund. The parties agree to reopen this Agreement for the sole purpose of addressing the apprenticeship
program as may be required by action of the Board of Trustees of the Training and Apprentice Fund.
Section 2. On work covered by this Agreement, the Employer agrees to pay into the Teamsters
Local No. 142 Training and Apprenticeship Fund the following amounts per hour. Payment shall be made
on the dates, in the manner, form and in accordance with the rules and regulations as adopted by the
Trustees of the herein mentioned Training and Apprenticeship Fund.
PERIOD
EMPLOYER CONTRIBUTION
6/01/19 - 5/31/20
$0.60
6101/20 - 5/31/21
TBD
6/01/21 - 5131/22
TBD
Section 3. The Employer agrees to be bound by the Agreement and Declaration of Trust entered
into establishing the Teamsters Union Local No. 142 Training and Apprenticeship Fund and Participating
Employers and by any amendments to said Trust Agreement.
Section 4. The Teamsters Local Union No, 142 Training and Apprenticeship Fund shall be
administered in accordance with all provisions of applicable law.
Section 5. In the event an employer is delinquent in the payment of the amounts due pursuant to
this Article, the Union shall have the right to strike such employer only if:
(a) The payment is more than thirty (30) days past due.
(b) After the elapse of thirty (30) days from the due date, the Union has given ten (10) days
written Notice by certified mail with a copy to The Group and any appropriate prime
contractor, of such delinquency, In which notice the Union states that the employer Is
delinquent and failure to make payment within ten (10) days of receipt of such notice will
result in a strike; and
(c) There is no genuine dispute that there is a delinquency..
ARTICLE 10
BOND FOR WAGES & FRINGE BENEFITS
Section 1. The Union may at its discretion require those Employers covered by this agreement, who have
not maintained an established office in the jurisdiction of Teamsters Local Union No. 142 for five (5) years
or more, or an Employer who has a past record of delinquencies of payments, shall be required by the
Union to submit a surety bond payable to Teamsters Local Union No. 142 to insure the payment of wages
and fringe benefit obligations which includes withdrawal liability obligations accruing under this
Agreement. The amount of the surety bond shall be based on the average number of employees covered
by this Agreement, which shall be computed as the total hours for which contributions were paid for the
immediately preceding calendar year divided by 1,500 hours (an estimate of average annual hours for a
covered employee):
Average Number of Employees
Covered by this Agreement for
Preceding Calendar Year Amount of Bond
1 through 5...,,,.................................. $ 50,000.00
6 through 10..100,000.00
11 through 20 $ 150,000.00
21 through 40. ............................ ...... $ 200,000,00
41 ormore................e.............o..............$300,000.00
The employer shall provide a written computation of its average number of employees for the preceding
calendar year with each bond.
Section 2. The employer shall obtain the surety bond in the required amount written by a responsible
Surety Company. The bond will be given to Teamsters Local Union No. 142 where it will be kept.
Section 3. Should an employer fail or refuse to provide the required surety bond, or should an employer
fail to keep a bond in effect at all times, the Union shall have the right to strike and/or picket, after notice,
and use all other legal and/or economic means to cause the employer to comply with this Article.
Section 4. If an employer fails to post the required bond within thirty (30) days after the date on which
the employer is required to post such bond, the Union shall notify the Four County Highway Contractors
Group that the employer has failed to post the required bond.
Section 5. If an employer fails to post the required bond within sixty (60) days after the date on which the
employer is required to post such bond, the Union shall immediately cease to refer employees to the
l0
employer and shall notify all employees of the employer who are working under this Agreement that the
employer has failed to post the required bond.
ARTICLE 11
HOURLY WAGE RATES AND JOB CLASSIFICATIONS
A. HOURLY WAGE RATES AND JOB CLASSIFICATION FOR ALL COVERED WORK
Section 1. Effective June 1, 2019, and continuing in full force and effect through May 31, 2020
the following Hourly Rates of Pay shall prevail for the Job Classification listed below. -
Straight Time
Time and
Double Time
Fringe
Hourly Rate
One -Half
Rate
Benefits
Group 1 - 2 or 3 Axle Trucks
$32.29
$48.44
$64.58
$28.83
Group 2 - 4 Axle Trucks
$32.49
$48.74
$64.98
$28.83
Group 3 - 5 Axle Trucks
$32.69
$49.04
$65.38
$28.83
Group 4 - 6 Axle Trucks
$32.89
$49.34
$65.78
$28.83
Group 5 - The rates for this group are Group 4 rates plus $0.35 per axle for each axle over six (6). All
Stretch -Trailers are an additional $0.35 over axle pay.
Group 6 -Articulated Dumps $34.54 $51.81 $69.08 $28.83
Section 2. Effective June 1, 2020 and continuing in full force and effect through May 31, 2021, the
following Hourly Rates of Pay shall prevail for the Job Classification listed below:
There will be a total increase of $1.55 in 2020-2021 to be split as determined by the Union.
Straight Time Time and Double Time Fringe
Hourly Rate One Half Rate Benefits
Group 1 2 or 3 Axle Trucks
Group 2 4 Axle Trucks
Group 3 5 Axle Trucks
Group 4 6 Axle Trucks
Group 5 The rates for this group and Group 4 rates plus $0.35 per axle for each axle over six (6). All
Stretch - Trailers are an additional $0.35 over axle pay.
Group 6 Articulated Dumps
Section 3. Effective June 1, 2021 and continuing in full force and effect through May 31, 2022 the
following Hourly Rates of Pay shall prevail:
There will be a total increase of $1.65 in 2021-2022, to be split as determined by the Union.
Section 4. Hourly Wage rates for the following equipment shall be based upon the number of axles.
Bulk Tank Trucks Fuel Trucks
Service Trucks
Dry Batch Trucks Grease Trucks
Scissor Trucks
Buses
Telescope Trucks
Dump or Conveyor
Water Trucks
Trucks
All Trucks over 6 Axles
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The above wage rates shall be paid to employees wherever the employer assigns them to work, unless
they are assigned to a jurisdiction where a higher rate is paid.
Section 5. The classifications listed in this Section shall be paid on the following basis:
GROUP 1:
A Frame Truck
Pavement Breakers
Pole Trailer, up to 40 Feet
Power Mower Tractors
Salt Truck
Ambulances
Batch Hopperman/Batch
Gate Lockers
Skipman
Teamster
Pavement marking & sealing truck
Self-propelled chip spreader
Car and Truck Washers
Carry Alls
Snow Plow Truck
Fork Lifts & Holsters (including articulated & telescopic)
Helpers
Lull
Unskilled Dumpmen
Mechanic Helpers and Greasers
Vacuum/Sucker Truck
Carry -deck cranes (when used exclusively for hauling)
Warehousemen & Dockmen
GROUP 2:
Dispatcher
Dump Cretes and
Adgetors under 7 Yards
Dumpsters, Tract Trucks,
Euclids, Hug Bottom
under 16 cubic yards
Mixer Trucks under 7
Yards
GROUP 3:
Dump Cretes and
Adgetors 7
Yards and over
Dumpsters, Tract Trucks,
Euclids, Hug Bottom
Dump, Turnatrailers or
Turnapulls when
pulling other than self -
loading equipment
Dump, Turnapulls or
Turnatrailers when
Pulling other than self -
loading equipment
or similar equipment
Ready -Mix Plant Hopper
Operator
Winch Trucks, 2 Axles
Explosives and/or Fission
Material Trucks
Mixer Trucks 7 Yards or
over
Mobile Cranes while in
transit
Oil Distributors
Fork Truck -Straight mast less than 20,000#
Pole Trailer, over 40 Feet
n
or similar equipment
Quick Change Barriers
over 16 Cubic Yards
(Primary Seat)
Winch Trucks - 3
Slurry Trucks
Axles or more
Sweeper
Hydraulic Boom Truck
Mechanic
GROUP 4:
Master Mechanic
GROUP 5:
Equipment with 7 axles or more and stretch trailers
GROUP 6:
Articulated Dump
Foreman
Fork Truck — Straight mast 20,000 # & greater
Telescopic boom Fork Truck
Lowboy
Section 6.
(a) Non -Residential Construction Work.
Wage rates for hauling stone, stabilized base materials, sand, gravel, aggregate and fill materials to a
master stockpile on a jobsite and for hauling materials to or from a yard or storage facility may be a
percentage determined by addendum of the appropriate hourly rate of pay. Stockpiles under this section
may not be placed adjacent to the work site (road beds, ramps, dikes, site of construction, etc_). This
does not include the movement of materials within the job site, materials dumped directly on the road bed
or site of construction and spread, nor does it include delivery of hot mix asphalt or concrete paving
materials or materials dumped into any type of spreading machine on the job site.
(b) Residential Construction Work.
Wage rates for delivering aggregate fill material from off of the job site to a job site and for hauling
excavated material from a master stockpile on a job site off of the job site shall be at 80% of the
appropriate hourly rate of pay. This does not include the movement of materials within the job site, nor
does it include delivery of hot mix asphalt or concrete paving materials or materials dumped into any type
of spreading machine on the job site.
(c) Work Assignment.
When performing work at a reduced rate, as provided for in Sections 6(a) and 6(b) above, all such
reduced rate work shall only be performed by Teamsters Local No. 142 members in good standing.
(d) Offsite Plants and Yards.
This entire Section 6 shall not apply to offsite plants and yards.
(e) Duration.
This entire Section 6 shall remain in effect so long as similar language exists in the NWI Contractors
Association agreement with Teamsters Local No. 142 (NWI Agreement) — currently Article 11, Section 7
within the NWI Agreement. Should all similar language be eliminated from the NWI Agreement in a future
negotiation, then this Section 6 shall be terminated upon the same effective date of the new NWI
Agreement that no longer contains similar language.
Section 7. Drivers shall be limited to making three (3) equipment changes per day. However, the
following shall not be considered equipment changes:
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(a) Buses.
(b) Service Trucks working out of a service pool delivering material and equipment to job sites.
(c) Breakdowns.
(d) Starting a new job during tour of duty which necessitates change of equipment.
Section 8. This Section is applicable to two (2) types of Hazardous/Toxic Waste Material
Handling, Removal and/or Disposal work:
1-(a) A Hazardous/Toxic Waste Project that is specifically bid as a project involving the handling,
removal and disposal of Level A, B, C or D Hazardous/Toxic Waste Materials as defined by the
United States Environmental Protection Agency and which is designated by that agency as a
Hazardous/Toxic Waste removal site at the time of bid.
1-(b) The handling, removal and/or disposal of Hazardous/Toxic Waste where the following conditions
are met: (1) unexpected Hazardous/Toxic Waste Materials as defined in Section 8, Item (a) above
are encountered; (2) the handling, removal and disposal of Hazardous/Toxic Material that
constitutes an item of work not specified in the construction contract; and (3) the location of
Hazardous/Toxic Waste that becomes designated as a Hazardous/Toxic Waste removal site by
the Environmental Protection Agency after the bid.
When employees are required to work with Hazardous/Toxic Waste Materials classified as Levels
A, B, C or D on a Hazardous/Toxic Waste Materials Removal project as defined in Section 8,
Items 1-(a) or 1-(b) above, the following conditions shall apply.
2-(a) The removal of Hazardous/Toxic Waste Materials will be subject to any and all safety regulations
and insurance provisions that may be required by the appropriate governmental agencies.
2-(b) Wages for employees working in direct contact with a Hazardous/ Toxic Waste Material which is
classified Level A or Level B by the United States Environmental Protection Agency and who are
required to wear personal protective equipment for respirator, skin or eye protection for that level
of work, shall be One Dollar ($ 2.00) per hour over the Group 4 Rate. Under no circumstances
may the Employer require the driver to haul these materials in the cab of the truck.
The provisions of this Section are intended to apply only to Hazardous/Toxic Waste Removal
work as defined. They shall not apply to the handling, application, removal or disposal of
Hazardous/Toxic Waste Materials as encountered on Heavy/Highway Construction Projects
which are subject to government Hazard Communications Regulations, Community Right to
Know Regulations but not designated as Hazardous/Toxic
Waste removal work by EPA guidelines, even though such material may require specialized
handling and personal protective equipment. However, all other Sections of this labor contract continue to
be applicable in such work.
Section 9. Drivers operating different types and sizes of equipment on the same day shall be
paid the rate governing the highest rated equipment operated for the entire day, provided the higher rated
equipment is operated for two (2) hours or more.
Section 10. An employee's pay shall start at whatever time the employee reports for work as
instructed by the Employer, and shall not stop until his truck is through work, including filling with fuel and
oil if requested by the Employer. Pre -trip and Post -trip inspections are considered work under this
agreement.
The parties recognize that strict compliance with Section 10 by signatory contractors is of the
utmost importance to the well-being of the workers covered by the Agreement and the fringe benefit funds
in which they participate, as well as to maintaining a fair and level competitive playing field for all
signatory contractors.
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Section 11. All employees shall be paid weekly and no more than one week's wages shall be
withheld. Employee's pay check to be ready for him not later than quitting time on designated pay day.
Payment will be made in U.S. currency, check, or if employee selects, direct deposit. An employee
selecting direct deposit will be furnished a 'record copy' of his paystub.
Section 12. The Employer shall list on each employee's check stub the amount of straight time
hours and the amount of overtime hours, rates of pay as well as all deductions from the check, and the
beginning and ending dates of the pay period. The Employer shall deduct, collect and remit to the
Teamsters Union Local No. 142 Annuity Fund any pre-tax employee contributions authorized by an
eligible employee of the Employer, provided that the employee's authorization must be made in writing on
a payroll deduction authorization form.
Section 13. An employee who was injured on the job, and is sent home, or to a hospital, or who
must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his regular
shift on that day. An employee who has returned to his regular duties after sustaining a compensable
injury who is required by the Employer's doctor to receive additional medical treatment during his
regularly scheduled working hours shall receive his regular hourly rate of pay for the hours lost from work.
The Employer is to pay for all random DOT required drug tests and time spent for the purposes of the
test.
Section 14. During cold weather, Teamsters shall start their vehicles. Heaters, defrosters and air
conditioners on vehicles, if so equipped, shall be kept in good working order.
Section 15. The Group or Employer and employee agrees to notify the Union Representative
when using new types of equipment not formerly used by his Company; the Negotiating Committee of the
Employers and the Unions shall meet to immediately negotiate the wage scale for same. The agreed rate
shall be retroactive to the equipment's first day of use.
Section 16. Apprentices.
1. General. The parties to this Agreement have established an apprenticeship program that is
administered by the Teamsters Local Union No. 142 Training and Apprenticeship Trust Fund
(hereinafter "Apprenticeship Program."). This Article applies to each apprentice who is accepted
into and enrolled in the Apprenticeship Program (hereinafter "Apprentice").
2. Probation Period. Each Apprentice shall be required to serve a probationary period of not less
than 600 hours of on-the-job learning, over a period of not less than six consecutive months. The
rate of pay for an Apprentice for this probationary period shall be fifty percent (50%) of the
applicable rates set forth in ARTICLE 11 of this Agreement (hereinafter "Journeyworker Rates").
3. Wages. The wages of an Apprentice shall be a percentage of the Journeyworker Rates, which
percentage shall be:
Minimum
On -The -Job
Hours to
Complete
Minimum Time Required
Applicable
Period
The Period
_ _ To Com late the Period
Percentage
During Period 1
600
Six (6) consecutive months
50%
During Period 2
Additional 600
Additional six (6) consecutive months
65%
During Period 3
Additional 600
Additional six (6) consecutive months
80%
During Period 4
Additional 600
Additional six (6) consecutive months
90%
3-(a) The applicable percentage for the apprentice wage rate referenced in Section 3 above shall be
applied to the Teamster Group III rate contained in Section 11 to determine the correct wage rate
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for apprentices doing covered work.
3-(b) The minimum hour and minimum time requirements for each period are in addition to all minimum
hour and minimum time requirements for previous periods. The applicable percentage for
periods 2, 3, and 4 above shall not apply until the Apprentice has completed all of the minimum
hour and minimum time requirements for all previous periods and all other requirements of the
Apprenticeship Program for all previous periods. Employers shall contact the Apprentice
Coordinator and the appropriate Business Representative responsible for the placement and
wage rates of Apprentices to confirm the applicable wage rate percentage for each Apprentice.
4. Ratio. The maximum number of Apprentices for each Journeyworker shall be a ratio of 1:5 for
each Employer and 1:3 on each job. Any Employer employing at least five (5) Journeyworkers
may choose to employ one (1) apprentice, if available. To avoid the layoff of Journeyworkers
currently employed by an Employer, Apprentices will be placed by the Union with an Employer
when the Employer makes the next available request for manpower.
5. Work. The Employer shall be responsible for the training of each Apprentice on the job. The
Employer shall take reasonable steps to assign vehicles and work to an Apprentice in a manner
that allows said Apprentice to meet his on-the-job training requirements under the Apprenticeship
Program.
Coordinator. It shall be the responsibility of the Apprentice Coordinator and the appropriate
Business Representative responsible for the placement and wage rates of Apprentices to rotate
Apprentices among Employers to insure that all Apprentices receive on-the-job training in all
facets of the Construction Driver trade. In making such rotations, however, they shall take
reasonable steps to avoid disruptions to the operations of an Employer and to keep an Apprentice
with an Employer if the Employer requests to retain the Apprentice and the Employer has work
available for the Apprentice that will allow said Apprentice to meet his on-the-job training
requirements under the Apprenticeship Program,
ARTICLE 12
SHIFT WORK
Employees assigned to the 2nd or afternoon shift on a two shift operation, shall be paid an
additional fifty cents ($.50) per hour. Employees assigned to the 2nd or afternoon shift on a three shift
operation shall be paid an additional twenty-five cents ($.25) per hour and employees assigned to the 3rd
or night shift shall be paid an additional fifty cents ($0.50) per hour. Where work is being carried on
constantly by two or more shifts, each shift shall be allowed twenty (20) minutes for lunch with pay.
However, the Employer may, at his own option, also schedule employees on the 2nd shift or 3rd shift as
follows: 4:30 P.M. to 12:00 Midnight with % hour for lunch included; 12;00 Midnight to 7:30 A.M. with '/
hour for lunch included.
Employees so scheduled shall be guaranteed a minimum of eight (8) hours work or pay at their straight
time hourly rate, except when inclement weather stops work in which case the provisions of Article 7,
section 3 shall apply.
ARTICLE 13
HEALTH AND WELFARE BENEFITS
The Employer shall pay the following amounts per hour for each employee covered by the
provisions of this Agreement for all hours worked into CENTRAL STATES SOUTHEAST AND
SOUTHWEST AREAS HEALTH AND WELFARE FUND (CENTRAL STATES WELFARE FUND), an
irrevocable trust heretofore created by an Agreement and Declaration of Trust (Trust Agreement)
pursuant to a Collective Bargaining Agreement between certain Employers and the Union. The Fund shall
16
use these payments for purposes permitted under the Trust Agreement and to provide health, welfare,
death and such other benefits as permitted by said Trust Agreement, as amended from time to time, and
by Section 302 (c) of the Labor -Management Relations Act of 1947 and the Employees Retirement
Income Security Act of 1974. The Trustees of the Fund shall have the sole power (a) to construe the
provisions of the Trust Agreement and rules and regulations and all terms used therein, and (b) to
determine all disputes with respect to eligibility, the right to participate in benefits of the Fund, time,
method of payment, payment during periods of employee illness or disability, methods of enforcement of
payment and related matters, and any construction adopted and any determination made by the Trustees
in good faith shall be final and binding upon all Employers, employees, participants, legal representatives,
dependents, relatives, and all persons and parties.
PERIOD EMPLOYER CONTRIBUTION
6/01 /19 - 5/31 /20 $10. 50
6101/20 - 5/31/21 TBD
6/01/21 - 5/31/229 TBD
In the event an Employer is delinquent in the payment of the amounts due pursuant to this Article, the
Union shall have the right to strike such employer only if:
(a) The payment is more than thirty (30) days past due.
(b) After the elapse of thirty (30) days from the due date, the Union has given ten (10) days
written Notice by certified mail with a copy to The Group and any appropriate prime
contractor, of such delinquency, in which notice the Union states that the Employer is
delinquent and failure to make payment within ten (10) days of receipt of such notice will
result in a strike; and
(c) There is no genuine dispute that there is a delinquency.
ARTICLE 14
PENSION
Section 1. The Employer shall pay the following amounts per hour worked per employee into
Teamsters Union No. 142 Pension Trust Fund (Fund), an irrevocable trust heretofore created by an
Agreement and Declaration of Trust (Trust Agreement) pursuant to a Collective Bargaining Agreement
between certain Employers and the Union.
PERIOD EMPLOYER CONTRIBUTION
6101/19 - 5/31/20 $11.51
6/01/20 - 5/31/21 TBD
6/01/21 - 5/31/22 TBD
The Fund shall use these payments for purposes permitted under the Trust Agreement to provide
pension, death and such other benefits as permitted by said Trust Agreement, as amended from time to
time, and by Section 302 (c) of the Labor -Management Relations Act of 1947 and the Employees
Retirement Income Security Act of 1974. The Trustees of the Fund shall have the sole power (a) to
construe the provisions of the Trust Agreement and rules and regulations and all terms used therein, and
(b) to determine all disputes with respect to eligibility, the right to participate in benefits of the Fund, time,
method of payment, payment during periods of employee illness or disability, methods of enforcement of
payment and related matters, and any construction adopted and any determination made by the Trustees
In good faith shall be final and binding upon all Employers, employees, participants, legal representatives,
dependents, relatives, and all persons and parties. The method of paying and calculating such
contributions, excepting only as to amounts, shall be in accordance with the provisions set forth in this
Agreement with respect to Health and Welfare Payments.
17
In the event an Employer is delinquent in the payment of the amounts due pursuant to this Article,
the Union shall have the right to strike such Employer only if:
(a) The payment is more than thirty (30) days past due.
(b) After the elapse of thirty (30) days from the due date, the Union has given ten (10) days
written Notice by certified mall with a copy to the Group and any appropriate prime
contractor, of such delinquency, in which notice the Union states that the Employer is
delinquent and failure to make payment within ten (10) days of receipt of such notice will
result in a strike; and
(c) There is no genuine dispute that there is a delinquency,
Section 2.
In the event that a contributing Employer becomes delinquent for more than 90 days with one or
more of the Fund(s) to which contributions are due pursuant to this Agreement and that such Employer
has not resolved the delinquency with one or more of the Fund(s) or its' representatives pursuant to a
payment plan or other similar arrangement, the Union will strike the Employer on the 91st day of the
delinquency. If the Employer is on a payment plan with the Fund, the Employer must be current under
the settlement agreement(s) or be in good faith with such agreements(s) conditioned upon the actions of
the Employer and the opinion of the Fund(s) and their representatives. Delinquencies pursuant to payroll
audits will be treated as new delinquencies as of the date of the audit and such noted delinquencies will
be subject to strike action by the Union if the Employer does not resolve the delinquency by the 90th day
of the audit date.
Section 3.
The Annuity Fund — Each Employer shall contribute the amount per hour worked, specified herein
into Teamsters Union Local No. 142 Annuity Plan, on all employees covered by this agreement exclusive
of those employees classified as apprentices or those receiving apprentice wages or those covered under
the Addendum for Transportation of Supervisors & Non -Manuals. The contributions shall be used
exclusively to provide pensions to eligible employees in such an amount as the Trustees of the Annuity
Fund may determine in the organization and administration of the Annuity Fund.
The Annuity Fund shall be administered pursuant to an Agreement and Declaration of Trust
administered jointly by an equal number of representatives of the Employers appointed by the Group from
its membership and the Union, which Agreement and Declaration of Trust shall conform to all
requirements of law. A copy of said Agreement and Declaration of Trust together with any amendments
thereto, shall be considered as part of this Agreement as set forth here in length.
PERIOD EMPLOYER CONTRIBUTION
6/01 /19 — 5/31 /20 $6.00
6/01/20 — 5/31/21 TBD
6/01/21 — 5/31/22 TBD
ARTICLE 15
VALIDITY AND SAVINGS CLAUSE
In the event any provision of this Agreement shall be finally held to be invalid or unenforceable by
Federal or State Law, the remainder of the provisions of this Agreement shall not be affected thereby, but
shall continue in full force and effect.
It is further agreed that in the event any such provisions are finally held to be invalid, the parties
hereto agree to meet within thirty (30) days thereof to negotiate the modifications or substitution of such
18
clause or clauses so held to be invalid.
ARTICLE 16
EMPLOYMENT TERMINATION
Section 1. No Discrimination; The Employer and the Union shall fully comply with all of the
requirements and provisions of Title VII of the Civil Rights Act of 1964 (as amended), Executive Order
11246, the American with Disability Act, the Family and Medical Leave Act, and the Age Discrimination in
Employment Act; and in accordance therewith, do hereby agree that there shall be no discrimination for,
or against any employee, member, or applicant for employment, because of race, color, religion, national
origin, sex, age, disability, or other applicable State or Federal Law.
Section 2. Discharge or Suspension: There shall be no discrimination on the part of the
Employer against any employee, nor shall any employee be discharged for any union activity not
interfering with the proper performance of his/her work. The Employer shall not discharge any employee
because the employee has demanded wages, overtime, or other benefits to which this Agreement entitles
them.
Section 3. The Employer shall not discharge or suspend any employee without just cause.
ARTICLE 17
OWNER -DRIVERS
Section 1. Owner -Drivers operating their own vehicle and who are not certificated carriers with
proper Illinois, Indiana Commerce Commission authority, are covered within the terms and conditions of
this Agreement as to hours, wages, overtime, health and welfare and pension and working conditions.
Separate checks for wages and equipment shall be issued by Employer to such Owner -Drivers and the
Employers shall maintain proper books and records for inspection by the Union to determine the
Employer's compliance with the provisions of this Agreement including the specific provisions of this
Article. The books and records (including payroll records, time cards, etc.) shall be produced upon
reasonable notice.
Section 2. Detailed statements will be furnished by Employers to such Owner -Drivers at least
once a month, designating all such Owner -Drivers' income and expenses for the month. Any money due
him at this time must be paid.
Section 3. Each Employer will identify each and every such Owner -Driver to the Union
regardless of whether or not the vehicle is licensed in the name of the driver or the lessee.
Section 4. The Employer reserves the right to control the manner, means and details of and by
which such Owner -Driver performs his services, as well as the ends to be accomplished.
Section 6. Such Owner -Driver shall receive the full wages, supplemental allowances, and all
working conditions provided in this Agreement and shall receive as a minimum salary after payment of all
direct and indirect operating expenses (including contributions to the Health and Welfare Fund and
Pension Fund) the sum equal to the amount he would have received for the time he worked as an hourly
rated driver.
Section 6. Such Owner -Driver shall have complete freedom to purchase fuel, oil, grease, tires,
tubes, etc. including repair work, at any place where efficient service and satisfactory products can be
obtained at the most favorable prices.
19
Section 7. The Employer agrees not to enter into any agreement or contract with such Owner -
Driver, either individually or collectively, which in any way conflicts with any of the terms or provisions of
this Article. Any such agreement shall be null and void.
Section 8. In no event shall such Owner -Drivers' wages be paid on a percentage basis.
ARTICLE 18
STEWARDS
Section 1. The business representative shall have the privilege to visit any job to enforce the
provisions of this Agreement. The business representative agrees that while at the site of construction, he
will comply with a II applicable health and safety rules and regulations and will take no action which could
jeopardize the health and safety of others working a the site of construction.
Section 2. The Employer recognizes the right of the Union to designate Job Stewards. The
authority of Job Stewards so designated by the Union shall be limited to, and shall not exceed, the
following duties and activities:
(a) The investigation and presentation of grievances with his Employer or the designated Company
representative in accordance with the provisions of the Collective Bargaining Agreement.
(b) The transmission of such messages and information which shall originate with, and are
authorized by the Local Union, or its officers, provided such messages and information (1) have
been reduced to writing, or (2) if not reduced to writing, are of a routine nature and do not involve
work stoppages, slow down, refusal to handle goods or any other interference with the
Employer's business.
(c) Job Stewards have no authority to take strike action or any other action interrupting the
Employer's business.
(d) The Employer recognizes these limitations upon the authority of Job Stewards and shall not hold
the Union liable for any unauthorized acts by the Job Stewards. The Employer in so recognizing
such limitations, shall have the authority to impose discipline, including discharge, in the event the
Steward has taken unauthorized strike action, slow down, or work stoppage in violation of this
Agreement.
Section 3. A Job Steward shall be a competent working Teamster
Section 4. The Union has the right to remove the steward from the job site for Union business
with a twenty-four (24) hour prior notice to the Employer.
Section 5. Stewards shall not be placed in any location intended to prevent him from performing
his duties.
Section 6. DISCHARGE, PERMANENT OR SEASONAL LAYOFF OF UNION STEWARDS
(a) Employer shall notify the Union 24 hours prior to the layoff of a steward. In the cases of
dismissal/termination the notification to the union by the Employer shall be immediate.
(b) The Union may request an immediate meeting with the Employer in a effort to investigate the
reason for the discharge.
(c) In the event that the Union objects to the discharge the Union may request an immediate
arbitration.
W
(d) The cost of the arbitration will be borne by the losing party including legal fees.
Section 7. Recall of Union Stewards
(a) In the event that the employer chooses not to recall a Union Steward following a layoff, the
employer must inform the union of their intent within 7 calendar days prior to the first recall of
employees.
(b) The Union may request an immediate meeting with the employer in an effort to investigate the
reason for the Non -Recall.
(c) in the event that the Union objects to the Non -Recall the Union may request an immediate
arbitration.
(d) The cost of the arbitration will be borne by the losing party including legal fees.
(e) The Job Steward shall be recalled within the first five (5) Teamsters recalled and within the last
five (5) laid off, providing they are qualified to perform the available work.
ARTICLE 19
MECHANIC'S TOOLS
Section 1. If a mechanic's tools are lost or stolen through fire or burglary on the Employer's
premises, or from service trucks while on company business, the Employer will replace the tools at no
cost to the mechanics. The mechanic shall be paid in accordance with the inventory list that Is on file with
the Company prior to the loss.
Section 2. The Employer shall furnish for use by mechanics, the necessary sockets over 1/2 inch
drive at no cost to the mechanic.
Section 3. MECHANICS PRESERVATION CLAUSE. Teamster Mechanic positions currently
covered under this Agreement shall remain Teamster positions. The Teamsters Union claims jurisdiction
over mechanical work performed by the company on equipment covered in Article 11. This section is
subject to existing agreements in place as of this date 5131 /00.
ARTICLE 20
PROTECTION OF RIGHTS
It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary
action in the event an employee refuses to enter upon any property involved in a lawful primary labor
dispute, or refuses to go through or work behind any lawful primary picket line, including the lawful
primary picket lines of Unions party to this Agreement, and including lawful primary picket lines at the
Employer's places of business. In the application of this Article it is immaterial if the labor dispute or
picketing is illegal or if the labor dispute or picketing is primary.
ARTICLE 21
SEPARATE AGREEMENTS
It is agreed that the Employer or the employee will not be asked to make any written or verbal
agreement which may conflict with this Agreement.
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ARTICLE 22
COMPLIANCE WITH SAFETY AND TRAFFIC LAWS
No employee shall be responsible for the purchase or display of City or State License tags or
plates. Overloading of trucks shall be the responsibility of the Employer unless it is due to employee
negligence. If any employee is arrested or issued a summons because of faulty equipment, failure to
display tags or licenses, overloading or overweight, he shall not be required to surrender his Commercial
Drivers License (CDL) license in lieu of bond, and if he is thereby to appear in Court on behalf of his
Employer, or is detained, he shall be reimbursed for such hours at his appropriate hourly rate of pay, as
well as for court and bail costs, unless it is due to employee negligence. An Employee has the right to
refuse to violate DOT, State, Federal or local laws or regulations. This includes compliance with CSA
2010. Refusal by an Employee will not constitute cause for termination or discipline by the Employer.
ARTICLE 23
INSPECTION PRIVILEGES
Section 1. Authorized representatives of the Union shall have access to the Employer's
establishment at all reasonable times for the purpose of adjusting disputes, Investigating working
conditions, collecting dues, and ascertaining compliance with this Agreement which shall include the right
to inspect and audit those specific payroll records, time cards and sheets as may relate to a particular
grievance or payroll records, time cards and sheets as may relate to a particular grievance or grievances
alleging non-payment or improper payment of Wages, Health and Welfare or Pension contributions. Such
records shall be produced at a time and place mutually agreed upon.
Section 2. Employer shall keep a permanent daily payroll record of all employees and of hours
worked by employees employed on a time basis showing starting and quitting time. Notwithstanding the
limitations of Section 1 above, such records shall be preserved for a period of not less than three (3)
years and shall be subject to examination by the Union, but the Employer shall have the right to be
present.
ARTICLE 24
CONTRIBUTIONS TO BUILDING AND
CONSTRUCTION RESOURCE CENTER, INC.
(SUBSTANCE ABUSE)
Section 1. Various Employer Associations and the Union are members of Building and
Construction Resource Center, Inc. (hereinafter "BCRC"), a non-profit corporation that was formed to
provide services in the construction industry, including, but not limited to, education and referral services
concerning alcohol, drug, and other substance abuse, which purposes are more fully defined in the
Articles of Incorporated and By -Laws of said BCRC.
Section 2. Each Employer under this Agreement shall pay to BCRC the sum of Ten cents ($0.10)
per hour for each hour worked by each of its employees covered by this Agreement. Each Employer Is
obligated to make such contributions, regardless of whether or not such Employer is a member of BCRC.
Section 3. Payments required to be made to BCRC shall be deemed to be governed by the
provisions of this Agreement pertaining to the collection of the Health & Welfare and Pension payments
required to be made by the Employers and thus, may be enforced in the same manner.
Section 4. The Board of Directors of BCRC will have full audit authority of the Employer's books
and records as they pertain to this contribution.
I19
Section 5. The Employees covered by this Agreement will abide by the provisions of the BCRC
substance abuse program when required by the Owner or Employer.
Section 6. The Union agrees to adopt and incorporate into this Agreement language concerning
Drug Testing Requirements developed by the BCRC Board.
ARTICLE 25
INDUSTRY ADVANCEMENT FOUNDATION
Section 1. The Employer agrees to participate in the CONSTRUCTION ADVANCEMENT
FOUNDATION OF NORTHWEST INDIANA, (hereinafter C.A.F.) which has been formed to establish and
conduct educational programs for the general public, employer members, employee members, and other
with respect to new techniques, ideas, and methods which will improve the industry and increase the
contribution that the industry and its employees can make to the community and to carry out such other
purposes as may be set forth in the organizational documents of said entity with the purpose and intent to
promote, support and improve the interest and common good of the construction contracting industry of
the area.
Section 2. The Employer shall pay to the Construction Advancement Foundation of Northwest
Indiana twelve cents ($0.12) for each hour worked by all employees of the Employer covered by this
Agreement or any modification to it. Modifications shall Include Presidential Agreements, Project
Agreements, and the NMA Maintenance Agreement. Such payments shall be made monthly directly to
Construction Advancement Foundation, 6050 Southport Road, Suite A, Portage, In 46366, on or before
the 15th day of the succeeding month.
Section 3. No part of the payment shall be used for the purposes other than as provided in said
organizational documents of said entity, and no part of such payments, either directly or indirectly shall be
used for anti -union activities.
Section 4. Payments required to be made to said fund shall be deemed to be governed by the
provision of this Agreement pertaining to the enforcement as to the collection of other payments required
to be made by the Employer. Thus, the Construction Advancement Foundation shall have all such
collection remedies and audit rights.
ARTICLE 26
FAMILY AND MEDICAL LEAVE ACT
The Employer is required to comply with the Family and Medical Leave Act of 1993 ("FMLA") with
respect to employees covered by the Agreement.
Accordingly, the Union and Employer agree that, eligible employees shall be granted unpaid
leaves of absence as required under the FMLA, provided: that employees shall not accrue other benefits
during such leaves; that the Employer may require certification of serious health conditions and medical
necessity; that notwithstanding any other provisions of this Agreement to the contrary, the Employer may
exercise its discretion with respect to the conditions associated with, or that may be placed upon, such
leaves to the fullest extent permitted by said statute; and that while any employee is on an FMLA leave,
the Employer shall pay to the health and welfare fund Identified and referred to in Article 13 of the
Agreement the minimum amount of contribution necessary to maintain the FMLA required health plan
coverage to such employee while on said leave, which amount shall be established annually in an
actuarial sound manner by the trustees of such fund.
ARTICLE 27
ECONOMIC LOSS
Employees covered by this Agreement receiving higher wages or more attractive working
conditions than those provided for in this Agreement shall suffer no reduction by virtue of this Agreement,
and shall be paid the increase in wages herein negotiated.
ARTICLE 28
NO STRIKE, NO LOCKOUT
Neither the employee nor the Union will engage in or encourage strikes, slowdowns, or work
stoppages against any Employer signatory to this Agreement, except as permitted by this Agreement.
The Employer will not lockout employees during the term of this Agreement.
ARTICLE 29
ADDENDUMS TO THE AGREEMENT
In regards to Addendums to the Agreement Teamsters Local No. 142 and Four County Highway
Contractors Group herein referred to as The Group agree as follows; that there shall be no Addendums to
this Agreement unless approved by the Union & The Group
ARTICLE 30
CONTRACT DURATION
THIS AGREEMENT shall become effective June 1, 2019, and shall continue in full force and
effect until May 31, 2022, and will continue thereafter unless notice is given in writing by either party sixty
(60) days prior to May 31, 2022, or sixty (60) days prior to May 31st of any year thereafter and shall
remain in full force and effect until superseded by a New Agreement.
TEAMSTERS LOCAL UNION NO. 142, an affiliate of the International Brotherhood of Teamsters
Richard W, Knipp ,
TITLE: Secr tar -Treasurer
FOUR COU Y HIG 'if4i"AY CONTRACTORS GROUP
BY
BY
BY
BY
24
Date:
r
Date:
Date:
Date:
If you are in the employ of any employer who is a party to this agreement and is signatory to
Central States Southeast and Southwest Health & Welfare Fund for Health & Welfare Benefits, notify the
office below immediately of any disability of yourself or your dependents, by phone or letter.
CENTRAL STATES
P.O. BOX 5103
DES PLAINES, IL 60017
1 (800) 323-6000
Information regarding your status under the Teamsters Union Local No. 142 Pension Fund. or
any general questions regarding Health & Welfare Benefits may be obtained by contacting the Fund office
at:
Teamsters Union Local No. 142
Health & Welfare and Pension Fund
1300 Clark Road
Gary IN 46404
1 (219) 949-1550
1 (800) 348-7027
1 (773) 721-8800
25
LETTER OF UNDERSTANDING .#1
It shall be the intent of the employer to utilize Teamsters Local Union No. 142 bargaining unit members
first. The employer will make a good faith effort to utilize Teamsters Local Union No.142 bargaining unit
members prior to subcontracting or hiring any other employee to perform work within the jurisdiction of
this Agreement.
Availability of qualified bargaining unit members and/or specific types of equipment and the timing and
urgency of the need, will be considered in determining employer's compliance with this provision.
TEAMSTERS LOCAL UNION NO. 142
An Affiliate with the International Brotherhood
Of Teamsters
BY- 4,
DATE:
►:
FOUR COUNTY HIGHWAY
CONTRACTORS GROUP
Oi.
BY:
DATE: 6 _S �/
LETTER OF UNDERSTANDING - #2
During the 2013 negotiations of the Collective Bargaining Agreement between Teamsters Local
No. 142 and the Four County Highway Contractor Group for General Construction of Heavy &
Highway Projects covering Lake County and Porter County, Indiana and Calumet City, Illinois
(Agreement), the parties discussed existing challenges to the union construction market. As a
result, the parties recognized that they need to cooperate more fully to allow unionized
contactors to be more competitive in the market place which is now kPirnnrd tha raalm of
possibility and to create jobs for unemployed and under -employed members of Teamsters Local
No. 142.
Therefore the parties have agreed to the following changes (in whole or in part) to the Agreement
when applying this Letter of Understanding (LOU):
Article 11 (Hourly Wage Rates) -the base wage rate for work being performed shall be 80% of
the base wage rate for the applicable Group classification or as mutually agreed to by the
Contractor and the Union, on a project -by -project basis.
• Wages and fringes that are effective on the first day of the job shall be frozen for the duration of
the job on all multi-yearjobs, with the exception of any fringes that have a governmental
restriction prohibiting such.
Article 7, Section 1 (Work Week/Work Day) - Overtime pay (Monday thru Saturday) shall be paid
only when over 40 hours. All hours worked (Monday thru Saturday), regardless of what project
or projects are worked, shall contribute toward the total hours worked that week for the
purpose of calculating overtime pay. This includes both projects that fall under this LOU and all
other projects that do not fall under this LOU. A reasonable effort will be made to ensure that
the hours worked under this LOU are distributed fairly between the employees.
• Article 7, Section 3 (Reporting to work) — shall be "2 and Actual Hours Worked" for situations
involving inclement weather, equipment breakdown or governmental action.
• Article 9 (Training & Apprenticeship Fund) - this Article shall not apply.
• Article 12 (Shift Work) — this Article shall not apply.
In no case shall the base wage or combined base wage and fringe package be less than the project
owner required base wage or combined base wage and fringe package.
This LOU shall apply to all Union Primes contractors and to all Union Subcontractors, when
bidding to Union Prime contractors, who are signatory to the Agreement.
27
In order to utilize this LOU, the Employer shall submit a written request to do so to the Union in
advance of bidding the project. The submission by the Employer shall include a detailed
justification for why the Employer believes applying the LOU to the project in question will
advance the twin goals of making the Employer more competitive and creating jobs for Local
142 members. The Employer's request shall list each and every anticipated non -union contractor
bidding against the Employer on the project.
The Union shall review requests to apply the LOU on a project -by -project basis and, in its sole
discretion may approve use of the LOU on a particular project. The Union shall provide the
Employer written notice of its approval (which approval shall not be unreasonably withheld) or
rejection of the Employer's request prior to bid.
The Union may cancel this LOU as to a particular Employer if in its sole judgment the Union
believes that said Employer has violated or abused the LOU. The Union shall provide the
Employer of written notice of the cancellation. Provided further, should a difference of opinion
arise pertaining to work covered by this LOU, the parties agree to meet as soon as possible in an
attempt to resolve the difference of opinion.
In order to be eligible to utilize this LOU, the Employer must be current on all fringe benefit
payments at the time of bid.
It is agreed that this Letter of Understanding shall be sub .iect to review on or before June 1 st of
each year by the joint Employer/Union Bargaining Committee for the purpose of determining the
value and effectiveness of this LOU. If it is determined by either Party that this LOU has not
been effective in making the signatory contractors more competitive in the market place and
produced more employment for the members of Local No. 142, then the Parties agree that they
will engage in bargaining over possible revisions of the LOU for the purpose of making it more
effective or it may be cancelled as of June 1 st of each year. If proven effective, then these
conditions may, upon agreement of the Parties, be extended from year to year.
TEAMSTERS LOCAL UNION NO. 142 FOUR COUNTY HIGHWAY
An Affiliate with the International Brotherhood CONTRACTORS GROUP
Of Teamsters
BY
BY:
DATE: > DATES
a-
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 150, AFL-CIO
AND
EFFECTIVE
MAY 1, 2017
THROUGH
APRIL 30, 2022
zL
SITE
wwMMMr - IDEMOLITIONVALPARAISO* III
1351 Joliet Road • P. O. Box 242 * Valparaiso, IN 46384 a www.gemarshall.com
Tel 219-462-3415 • Fax 219-462-3964
11-4
rim
.Ag"OPMEANT LIST
13XCAVATORS
YEAR
MAKE
MODEL
2018
John Deere
470G
2018
John Deere
245G
2018
John Deere
135G
2018
John Deere
85G
2017
John Deere
60G
2017
John Deere
85G
2017
John Deere
35G
2016
John Deere
245G LC IT4
2016
John Deere
85G
2015
John Deere
350G
2015
John Deere
380G
2015
John Deere
50G
2015
John Deere
85G
2015
Volvo
ECR145DL
2013
John Deere
470G
2013
John Deere
290G
2013
John Deere
290G
2012
Volvo
EC380DL
2011
John Deere
225D LC
2009
John Deere
450D LC
2009
Kubota Mini Exc.
KX80
2009
John Deere
135D-RTS
2008
Bobcat Compact Exc.
435 H
2008
John Deere
270D-LC
2008
Kobelco
SK295
2007
John Deere
450D LC
2007
John Deere
350D LC
2007
Kobelco
SK350LC
2007
Volvo
G6976
2007
Yanmar
Vi075-5
2006
John Deere
270CLC
2006
Yanmar
Vi075-A
2006
Kobelco
SK480LC
2005
Kobelco
SK480LC
2005
John Deere
160C LC
2005
John Deere
370C
2005
John Deere
450C LC
2003
John Deere
225C-RTS
2003
John Deere
LC-200
2002
Hitachi
EX200LC-5
2000
Hitachi
EX330LC-5
2000
John Deere
330LC
1998
Hitachi
EX270-5
12/3/2019 Page 1
1998
Hitachi
EX450LC5
1998
Hitachi
EX330LC-5
1996
Hitachi
EX30OLC
1994
Hitachi
EX300LC2
1994
Hitachi
EX100WD-3
COMBINATION IIACKII013S
YEAR MAKE MODEL
2004 John Deere 310SG
1997 CASE 580SL 4WD Extendahoe
LOADERS - RUB11113R
TIRED
YEAR
MAKE
MODEL
2018
John Deere
544K
2015
John Deere
644K
2015
John Deere
744K T3
2015
John Deere
544K
2015
CAT
950M
2012
John Deere
544K
2012
John Deere
644K
2009
John Deere
644K
2009
John Deere
844K
2006
John Deere
624J
2005
CAT
950G II
2005
John Deere
544J
2002
CAT
980G
2002
CAT
950G
1999
Kawasaki
85ZIV-2
1998
CAT
966F
1995
CASE
821 B
1987
Trojan
5500
1979
Fiatallis
945B
LOADERS - CRAWLER
YEAR )TAKE MODEL
1999 CAT 973 LGP
SKID STEI'slt LOAIII:RS
- RUBBER TIRED & 'TRACK
YEAR
)TAKE
MODEL
2018
John Deere
333G Track Loader
2017
Kubota
SVL95 Track Loader
2016
John Deere
333E Track Loader
2015
Kubota
SVL90 Track Loader
2015
Takeuchi
TL12 Track Loader
2014
John Deere
333E Track Loader
2014
Takeuchi
TL12 Track Loader
2012
John Deere
326D Skid Steer
2008
Gehl
CTL85 Compact Track Loader
2005
Gehl
CTL80 Compact Track Loader
2004
Gehl
CTL60 Compact Track Loader
2003
Mustang
MTL16 Multi -Terrain Loader
2001
Scat Trak
1750D Skid Steer
12/3/2019 Page 2
TRENCIIERS
YEAR )TAKE
MODEL
2015 Vermeer
RTX250
2001 Vermeer
T555DT
Vermeer
Walk Behind Trencher
Vermeer
3550
GRADERS
YEAR MAKE MODEL
2007 Volvo G976
1998 John Deere 772 CH
John Deere 570A Motor Grader
DOZERS
YEAR
MAKE
MODEL
2018
CAT
D6T LGP CGC
2018
John Deere
700K Crawler Dozer
2017
John Deere
450K Crawler Dozer
2015
John Deere
650K FT4
2014
John Deere
764HSD
2014
John Deere
850K
2014
John Deere
650K
2013
John Deere
850K WLT
2013
John Deere
700K Crawler Dozer
2012
John Deere
764 HSD Crawler Dozer
2011
John Deere
450J LGP Crawler Dozer
2011
John Deere
764 HSD Crawler Dozer
2007
John Deere
850J WXLT
2007
John Deere
700J
2006
John Deere
850JWT
2005
John Deere
850J WT
2005
John Deere
700H-LT
2005
John Deere
700J-XLT
2005
John Deere
750C-II
2004
John Deere
700H
2003
CAT
D6R XW
1998
John Deere
650G LGP
1998
John Deere
850C WT
1995
CAT
D6HLGP
1995
John Deere
850C WT
1994
CAT
D8N
1993
CAT
D6HLGP
1990
CAT
D7HLGP
1989
Case
1150E
1983
CAT
D8L (S Blade w/Ripper)
1954
John Deere
40C
SCRAPERS & SCRAPER PANS
YEAR
MAKE
MODEL
2013
John Deere
1810E Scraper Pan (2 Total)
2009
John Deere
1810E Scraper Pan (2 Total)
2009
John Deere
2112E Scraper Pan (2 Total)
2007
John Deere
2112E Scraper Pan
2006
John Deere
2112E Scraper Pan
2006
John Deere
1810E Scraper Pan (2 Total)
12/3/2019 Page 3
2001
CEPCO
2000
CEPCO
1994
CAT
1981
International
1972
International
1970
International
175CS Pull Scraper
S180 Pull Scraper (2 Total)
621 F Motor Scraper
444E Scraper
433 Scraper
E211 Scraper
12/3/2019
Page 4
COMPACTORS
YEAR
)TAKE
MODEL
2014
Bomag
BW211 D-50 Compactor (2 total)
2013
Bomag
BW211 D-50 Compactor
2012
Bomag
BW211 Compactor
2007
HAMM
3412 Roller (2 total)
2003
HAMM
HD12 Asphalt Roller
2003
HAMM
3307 Vibratory Smooth Drum Roller
1999
Bomag
BW212D-3 Vibratory 80"
1998
Caterpillar
815F Sheepsfoot
1996
Ingersoll-Rand
SD 100D Compactor
1996
Dynapac
CA 251 D
1994
Galion
D784 - Sheepsfoot (84')
1993
Caterpillar
825C Sheepsfoot
1989
Dynapac
CA 25D (84')
1987
Bomag
Self Prop Drum 8W 142D 60"
1979
Caterpillar
815 Sheepsfoot
1978
Caterpillar
815 Sheepsfoot
1974
Caterpillar
815 Sheepsfoot
DUMP 'TRUCKS
YEAR
MAKE
MODEL
2018
Western Star
4900 Quad Axle Dump (2 Total)
2018
Peterbilt
567 Quad Axle Dump (2 Total)
2016
Freightliner
M2 Single Axle Dump
2015
Freightliner
M2 Single Axle Dump
2014
Western Star
4700 Quad Axle Dump
2013
Western Star
4700SF Quad Axle Dump
2007
Sterling
LT9500 Quad Axle Dump
2007
Kenworth
T800B Tri Axle Dump
2006
Kenworth
T800B Tri Axle Dump (2 Total)
2005
Sterling
LT9500 Quad Axle Dump
2004
Chevrolet
C6500 Single Axle Dump
1999
Peterbilt
357 Tri Axle Dump
1998
Peterbilt
357 Tri Axle Dump (2 Total)
RoErAr.r. TRUCKS
YEAR MAKE MODEL
2009 Mack GU813 Granite T/A Rolloff Truck
SIdMI TRACTORS
YEAR
MAKE
MODEL
2016
Western Star
4700SB
2016
Western Star
4700SB
2012
Western Star
4900 SA
2007
Kenworth
T800 Tractor (3 Total)
2001
Mack
CH613
2001
Kenworth
T800B
2001
Peterbilt
378
2000
Kenworth
T800B (2 Total)
1998
Mack
CH613 (2 Total)
1996
Peterbilt
379
1993
Peterbilt
357
1990
Mack
CH613 Semi
12/3/2019 Page 5
DUMP TRAILERS .& LOWROYS
YEAR
MAKE
MODEL
2018
Kruz
Termminator Dump Trailer 22' (2 Total)
2017
Kruz
Termminator Dump Trailer
2014
Talbert
Lowboy Trailer
2007
Kruz
Dump Trailer 32'
2005
Talbert
Lowboy Trailer w/ Flip Axle
2003
Redihaul
15 Ton Trailer
2001
Benson
Dump Trailer 22' (A)
2001
MAC
Dump Trailer 24' (A)
2000
East
Dump Trailer 28' (A)
1998
Galbreath
Dump Trailer 22' and 24' (S)
1998
Spectec
Dump Trailer 28' (S)
1998
Travis
Dump Trailer 24' (A) (2 Total)
1997
Talbert
Lowboy Trailer w/ Flip Axle (50 T)
1996
Hilbilt
Dump Trailer 22' (S) (2 Total)
1995
Dorsey
Dump Trailer 24' (A)
1993
Hilbilt
Dump Trailer 22' (S)
1992
East
Dump Trailer 24' (A)
1990
Hilbilt
Dump Trailer 22' (S)
2008
Utility
Step Deck Flatbed Trailer
OFT ROAD 'TRUCKS
YEAR
)TAKE
MODEL
2014
CAT
740B 6x6
2012
CAT
740B 6x6
2007
John Deere
400D 6x6 (2 Total)
2005
CAT
740 6x6 (2 Total)
2004
CAT
740
2001
Hitachi
AH350C Mkll 6x6
1991
Volvo
A35 6x6
1992
Volvo
A35 6x6
1991
CAT
D400D 6x6 (2 Total)
1997
CAT
D400E
2000
CAT
D400E
1999
CAT
D400E
SERVICE .& WATER TRUCKS
YEAR
MAKE
MODEL
2016
Ford
F450 XL Crew Cab Truck
2016
Ford
F450 XL Crew Cab Truck
2016
GMC
Sierra 3500 HD Crew Cab
2013
Chevrolet
3500 HD Extended Cab Truck
2007
Freightliner
M2106 Truck
2007
Peterbilt
335 Water Truck
2006
Ford
F450 XL Crew Cab Truck
2000
Peterbilt
Crane Truck
2000
Sterling
Water Truck
1999
Chevrolet
9' Utility Truck
1976
Ford
9000 Water Truck
12/3/2019 Page 6
TRACTORS / MOWERS / PLOWS
YEAR
MAKE
MODEL
2018
Landpride
RC 3715 Mower
2008
John Deere
5085M Tractor and H260 Loader
2015
John Deere
3032E Tractor
2013
John Deere
6140M Tractor
2011
John Deere
9630 Tractor
2010
E-JECT
Disk (11 X 30)
2009
John Deere
9630 Tractor
2007
John Deere
9520 Tractor
2006
John Deere
9520 Tractor (2 Total)
2005
Kubota
L5030 Tractor w/ Bush Hog
2003
John Deere
9520 Tractor
2002
CAT
95E Challenger
2000
CAT
95E Challenger
2000
Holland
BC3900 Hydraulic Brush Cutter
2000
Kubota
L46100 Tractor
2012
John Deere
4720 Tractor w/ Loader & Snow Blade
1997
John Deere
4430 Tractor
1986
John Deere
8440 Farm Tractor
1977
John Deere
8630 Farm Tractor
John Deere
Disc 22' Finish Disc
John Deere
1600 Chisel Plow
John Deere
4430 Chisel Plow
Kewanee
(14') Rolling Plow
SEPPI
High Speed Bush Cutter Carlson
Landpride
Tiller/ Seeder F11271 R
Finn
B70 Straw Blower
Towner
771 13' Disc
John Deere
712 Chisel Plow
White
281 Offset Disc
CONCRI'TE & ASPIIAL'T' DENSITIIIRS & CRIJS111:RS
YEAR
)TAKE
MODEL
2011
Atlas Copco
HB2000 Hydraulic Breaker
2005
Genesis
GLS50 Linkage Shear
2004
EXTEC
C-12 Jaw Crusher
1999
ALLU
317 Shredding Bucket
1999
PulverRam
Concrete Crusher
1998
EXTEC
Turbo Track Screening Plant
Rammer
RB42 Concrete Crusher
Allied ACC39 Concrete Crusher
Stanley
MB350 Concrete Breaker
Asphalt Zipper
AZ-480
Pemberton
Densifier (EX400)
Pemberton
16212 Pulverizer (EX300)
INDECO
Compactor
NPK
C4C Compactor
INDECO
Hoe Packer
CRANES, FORKLIFTS, LASERS, HAND COMPACTORS, PUMPS, SAWS, DEMOLITION
TOOLS AND OTHER MISC. TOOLS ARE ALSO ON HAND AT G.E. MARSHALL, INC.
12/3/2019 Page 7
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