Opening of Bids - Privet Lane Culvert Replacement Project Proj No 118-013B - G. E. Marshall, Inc.

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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