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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 r U) w w 0 w N w ag w zz �- mw0 �Na OZZ New 0ma �ww vpw C z Q } O z 9 z O 0 r d mp �a �a �w O w w m 2 C p O C C 'E Q. O �+ w �'' CO L 2 c W � Cm � L O _C C O O r+ C V d os a ., a� Om 3 E C� N a 'y -0 m m m o 0 3 o` y O o> C� c °E c'D d N Q �+ ++ C t � N s m L s_ 3 m> •Q o CL 7' d � �Nl O 7 Q O N s N � E N O O U! CDd Q� 7 N c r 3 1--= 0 N E w z U N O d N E 7 z U� CD N O � a m 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 E R �m Z "�✓ r r '����" via �. ", "' , w 0011wwr¢�A.",r 0, SEAS. NOTARY Miller OTARY PUBLIC- Printed Name Em O cli cq C) O LO O Q) 0 ifs 00 H C) cl V CA 0 0 w 0 W act W �C7� 4-j m cn ro 0 4— C) P-4 P4 Q) >' V) [-, 4— 1: 1 k 0 z cz +J 4-J ,ci -0 0 0 .0 r ) 0 0 c s go z W bD cu 0 :t_l 66 (i W) Pi N z E .2 10 0 0 O co 0 lc@ P4 4-1 Lr) 00 rv) cd o kD rNI C) Z 0 v, C'4 Ln I C) C) CL) 6 m < N %D V, CD 0 d ci 6 O r 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. Version 7/01/2018 Special Provisions - 2 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. Version 7/01/2018 Special Provisions - 3 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 Version 7/01/2018 Special Provisions - 4 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. Version 7/01/2018 Special Provisions - 5 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 Version 7/01/2018 Special Provisions - 6 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. Version 7/01/2018 Special Provisions - 7 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 Version 7/01/2018 Special Provisions - 8 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 Version 7/01/2018 Special Provisions - 9 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 Version 7/01/2018 Special Provisions - 10 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 Version 7/01/2018 Special Provisions - 11 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 Version 7/01/2018 Special Provisions - 12 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. Version 7/01/2018 Special Provisions - 13 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 Version 7/01/2018 Special Provisions - 16 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 Project Owner Shalimar Waterline Extension City of Valparaiso Valparaiso, IN Valparaiso City Utilities Kenwood Avenue Storm Sewer Installation City of Valparaiso 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 11 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: 13 (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. 14 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 15 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. 21 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. 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