HomeMy WebLinkAboutOpening of Bids - Three Twenty at the Cascade Glazed Assemblies Project No 118-074A - Precision Wall Systems IncAddendum NoA dated 1012/18
Project Name Three Twenty at the Cascade — Glazed Assemblies
Project No. 118-074A
For Bids Due October 23, 2018
PART I
(Must be completed for all bids, Please type or print)
Date: October 23, 2018 Bidder (Firm): Precision Wall Systems, Inc.
Address: 3801 S Main Street
City/state/Zip: South Bend', IN 46614 Telephone Number: ( 574 ) 299-4500
Agent of Bidder (if Applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of,
the City of South Bend:. Indiana, in accordance with plans and specifications prepared by:
Panzica Buildinq Corporation
and dated 7/1412018 for the sum of (enter the Total Bid as shown on the Proposal)
One (Million Four Hundred Forty -Eight Thousand Dollars (s 1,4,48,000
(Enter sum of Total Base Bid shown on Proposal) (Numerical)
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in
the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance
with the notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that
shown in the original contract if accepted by the City of South Bend, If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a separate attachment.
B,y
ignature fa�9'66-61hristy Cs--�)
(Printed Name of Person Signing)
ACCEPTANCE
The above bid is accepted this
Subject to the following conditions: -
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A, Maradik, Member
day of
Suzanna M. Fritzberg, Member
Therese J. Dorau, Member
James A. Mueller, Member Attest: Linda M. Martin, Clerk
Version 7/20/2018 Contra6tor's Bid for Public Works - 2
20
Addendurn NoA dated 10/2/18
BID/PROPOSAL
CITY OF SOUTH BEND
Protect Name:
ThreeTwenty at the Cascade —Glazed Assemblies
Project Number:
118-074A
For Bids Due:
- GtebeF 9, 2018, October 23, 2018
Contractor Name.
Precision Wall Systems, Inc,
Item
No.
Description
Quantity
Unit
Price
TotaI Amount
I
Alulminum-Framed Storefroft
a. Garage Vestibule
220
SF
$50/SF
$11,0010
b. Alum. Dr. & Hardware: Garage
1
Ea,
$ 2,450/ea
$2,450
c. Level 1
2,040
SF
$50/SF
$102,000
d. Alum. Drs. & Hardware: Level 1
i 6
Ea,
$ 2,475'/ea
$14,850
2
Glazed Aluminum Curtain Wall
(Ribbon Window)
a. Level 2
2,950
SF
$70/SF
$206,500
b, Level 3
2,95,0
SF
$70/SF
$206,500
c. Level 4
2,950
SF
$70/SF
$206,500
d, Level 5
2,950
SF
$70/SF
$206,500,
e. Level 6
2,95,0
SF
$70/SF
$206,5001
f. Level 7
2,950
SF
$70/SF
$206,500
g. Alum, Drs. & Hardware: Levels 2-7
20
Ea,
I $3,935/ea
$78,700
h. Alum. Awning Windows: Levels 2-7
70
Ea,
Included
Included
BASE BID TOTAL $1,448,000
THE CONTRACTOR IS REQUIRED TO BID ALL ITEMS ON BASE BID.
Bidder (Firm): Precision Wall Systems, Inc.
Address: 3801 S Main Street
City/State/Zip: South Bend, IN 46614 Telephone Number: 5,74. i 299-4500
11-C
By
Jason Christy
(Printed Name of Person Signing)
Version 7120/2018 Contractor's Bid for Public Works - 7
When the prospective Contraetor 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 E'qVESTMENT 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 WOAYLk
) S&
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 of this Certification, "Iran" means the government of Iran and any agency
or instrumentality of Iran, or as, otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from time -to -time.
b, As provided by Ind, Code § 5-22-16,5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
i, Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000),or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
Version 7/20/2018 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 ventures 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.
1, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1).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 7/20/2018 Contractor's Bid for Public Works - 5
may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this rl day of 11 h�wo-ff
Subscribed and sworn to before me this 23rd
My Commission Expires , 3119 1
County of Residence
Precision Wali Systems, Inc,
ContractorMidder (Firm)
S e ontractorMiTd6ror Its Agent
Jason, Christy - Vice President
Printed Name and Title
.day of October 20 18
an
Notary Public
Q, -Avpk
RY P(/,O SHANNON MILLER,
Notary PubfiC
SEAL A Resident of St. Joseph County, IN
Commission Number 650497
My Commission Expires 03/19/2022
Version 7/20/2018 Contractor's Bid for Public Works - 6
Document A31 OTM! - 2010
CONTRACTOR:
(Name, legal status and address)
Precision Wall Systems, Inc.
3801 South Main Street
South Bend, IN 46614
SURETY:
(Name, legal status and principal place
of business)
Merchants Bonding Company (Mutual)
West Des Moines, IA
OWNER:
(Name, legal status and address)
City of South Bend Board of Public Works
County -City Building Room 1316, 227 West Jefferson Blvd
South Bend, IN 46601
BOND AMOUNT:
Five Percent of the Total Bid 5% of Total Bid
PROJECT:
(Name, location or address, and Project number, if any)
Three Twenty at The Cascade - Glazed Assemblies; Project No. I 18-074A
This document has important legal
consequences. Consultation with
an attorney is encouraged with
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 Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as, may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms, of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof-, or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in fall force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted berefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this I 9th day of October 2018
Precision Wall Syste
(Principal (Seal) I
(Witness)
- ------------------
(Title)
Merchants Bondin Company (Mutual)
re (Seal)
4itanessf'
��le Nicole L. Bicknell, Attorney in Fact
CAUTMW YOU shouild sign an originall AlA Contract u Docmenc,t, ow, Wh cn ch t this, text appears ki RED. Ain origihna� assures that
changes, will not be obscuired.,
AIA Document A310111 - 2010, Copyright 0 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved, WARMM TWs Age'
Init. Document Is protected by US, Copyright Lavy and hiternaflorwat Treaties, Unauthorized repiroduclion or dWrlibiotlon of this Me' Docurnent, or
any portion of it, may rpsult in severe civil and crkninal penaittes, and will be prosecuted to ttie, maximum extent possible under the law.
Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail
The American lnstitute of Architects' legal counsel, copyfight@ata.org. 061110
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively caltedl the "Companies") do hereby make, constitute and appoint, individually,
Barbara E Pearson; Cheryl E Alkire; Jennifer L Kasznia; Jordan M Scheliber; Mark E Wobbe; Megan E Riesenberg; Nicole L Bicknell; Sandra L
Junk; Theresa M Bums; Wesley L Mantooth; William J Carney III
their true and lawful Attorneys) -in -Fact, to sign its name as sul and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, It Is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its oblligaflons under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation,
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of June 2018
00
Vill C
Pal .a w MERCHANTS BONDING, COMPANY (MUTUAL,)
4
MERCHANTNATIONAL BONDING, INC.
rm
0-
2003 1933 By
rww .......... ...... Pre sident
STATE OF IOWA
COUNTY OF DALLAS ss.
On this this 20th day of June 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,; and, that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
'?VA4
ALICIA K. GRAM
0 Commission Number 767430 v, 4 �' My Commission Expires O
April 1,2020 "'`•
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still In full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed e s d the of the Companies on this I jaday of
$0,20191l"t. 0 g # . 0 o 0
110 N41 CQ.
P 0
J6. 2003 -o - 0-
1933,Secretary
'4) "
P OA 0018 (3/17)
1, lgjmr -,
OUT
Addendum No.1 dated 10/2/18
CITY OF SOUTH BEND, INDIANA
t5
CONTRACTOR'S BID FOR PUBLIC WORK
CHECKLIST FOR BIDDERS
Project Name Three Twenty at the Cascade — Glazed Assemblies
Project No. 118-074A
For BIdsCue QstebeF9;20U October 23, 2018
From time to time the South Bend Board of Public Works finds it necessary to reject a bid because
it does not comply with statutory requirements. In preparing, your bid, please use the following
checklist in order to make sure that your bid is done in the proper manner.
Proper bid security included. The bidder has the option of providing either a Certified Check
or Bid Bond.
Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely
executed.
Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments
with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and
Certification of use of United States Steel Products or Foundry Products.
Proof of MBE/WBE Participation God Form [MWBE-1 -0]. If minimum participation goal is not
met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBEMBE Contacted
Form [MWBE-2.1,].
Acknowledge Receipt of 2 Addendum(s) included with the bid.
All required additional information is included with the bid.
Proposal statements and other affidavits all signed by the proper party with name either
printed or typed underneath signature.
This checklist submitted with the Bid.
This checklist is provided for bidder's use in assuring compliance with required
documentation; however, it does not Include all specifications requirements and does not
relieve the bidder of the need to read and comply with the specifications.
Bidder-, Precision Wall Systems, Inc. Date: - October 23, 2018
By Authorized Representative:
Signature:
Print Name & Title: Jason Christy - Vice President
Version 7/20/2018 Contractor's BM for Public Works - 1
PART II
(For projects of $100,000 or more -- IC 36-1-12-4)
These statements to be submitted under oath by each bidder with and as part of his/her/its bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. Attach information regarding projects your organization has completed for the period of one
(1) year prior to the date of the current bid.
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 7/20/2018 Contractor's Bid for Public Works - 3
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CITY OF SOUTH BEND.
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM
FORM MWBE-2.0 wry,•.
EVIDENCE OF GOOD FAITH EFFORTS
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain MBE/WBE 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: 11 B-074 A
Date: 10/23/2018
Project Name: Three Twenty at the Cascade — Glazed Assemblies
Bidder: Precision Wall Systems, Inc.
Contact person: Jason Christy Telephone: (574) 299-4500
Address: 3801 S Main Street
City:
Email:
South Bend
State: Indiana zip: 46614
jchristy@precisionwaiiinc.com
To determine whether a bidder has demonstrated good faith efforts to reach the MBEANBE utilization goals set
forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or
commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*:
EVIDENCE OF GOOD FAITH EFFORTS
MBE/WBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business
Enterprise Diversity Development 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 MBEANBEs 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 MBEANBEs 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 MBEIWBE 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 MBEIWBES,
including providing such MBE1WBE's with adequate information about the plans, specifications and other
requirements of the subcontract and did not reject MBEANBEs as unqualified without sound business
reasons based on a thorough investigation of their capabilities.
SMALL CONTRACT($): The bidder selected specific portions of the work to be performed by
MBEANBEs in order to Increase the likelihood of meeting the MBEMBE goals (including breaking down
contracts into smaller units to facilitate MBEM/BE 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 Good Faith Effort requires your initialsnext to all 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 7/20/2018 Contractor's Bid for Public Works - 9
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM tR
FORM MWBE-2.1 w
MBEIWBE CONTACTED
This completed form should be supplied with Bids that pertain to City of South Fiend Public Works Projects
requiring contacted MBE[WEIE 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.
PAGE 1 OF 1
Project Number: 118-074 A MBE/WBE Participation Goal
Project Name: —Three Twenty at the Cascade — Glazed Assemblies
Bidder: Precision Wall Systems, Inc.
By: Vice President 1 O1/23/2018
(Signs furam'l (Title) (Date)
MBEMBE Firm . Dud'eck Roofing & Sheet Metal
Owner or Contact at MBENVBE Firm Greq Dudeck
Telephone: (574), 234-7912 Fax: (574) 234-2471 Email: floyd@dudeckroofingi.com
TYPE OF WORK SOLICITED FOR THIS PROJECT:
Furnish formedaluminum break metal for sills, closures, copings, etc.
RESULTS OF CONTACT WITH THE MBENVBE FIRM;
Acce )ted pricing, Pricing not ascompetitive as our own forces making the product in-house.
MBENVBE Firm Freeman Specialties, Inc.
Owner or Contact at MBE/WBE Firm Michelle Freeman -President
Telephone: (317) 839-9460 Fax:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
Email: mfreeman@fsp-inc.net
Supply only of glass for the storefront, entrances and curtain wall on the project. Will not utilize the WBE.
RESULTS OF CONTACT WITH THE MBEANBE FIRM:
Pricing was not as competitive as contracting directly with the lass supplier. Will not utilize this opti n
Version 7/20/2018 Contractor's Bid for Public Works - 10
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SouTii BEND, INDIANA 46601-1830
PHONE 5741235-9251
17Ax 574/235-9171
TDD 574/ 235-5567
CITYOFSOUTH BEND PETE BuTTIGIE0, MAYOR
BOARD OF PU13LIC WORK'S
Date: October 2, 2018
To: All Plan Holders
From Linda M. Martin, Clerk, Board of Public Works
Subject Addendum Number: I
Project Name: Three Twenty at the Cascade — Glazed Assemblies
Project Number: 118-074 A
III I I III I I
Date Received:
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.
Notes:
The attached documents are hereby added to the Specifications and Contract
Documents and become a part of herein.
Company:
Authorized Signature:
Date:
_7,A-_1c -
Version 4/2/2015
1316 COUNTY-Crry BUILDING
227 W, JEFFERSON BOULEVARD
Soum BEND, INDIANA 46601-1830
PHONE 57'4/ 235-9251
FAX 574/235-9171
TDD 574/ 235-5567
CF1`YOFSou'mBFND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
Date: October 10, 2018
To: All Plan Holders
From Linda M. Martin, Clerk, Board of Public Works
Subject Addendum Number: 2
Project Name: Three Twenty at the Cascade — Glazed Assemblies
Project lumber: 118-074 A
Date Received:
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
bid package upon submittal.
I I no I =11 DIUM I III]
Notes:
MUST also be included with your
The attached documents are hereby added to the Specifications and Contract
Documents and become a part of herein.
Company:
Authorized Signature:
Date:
RON=
Version 4/2/2015
Addendum No.1 dated 10/2118
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
RESPONSIBLE BIDDER CHECKLIST
Project Name Three Twenty at the Cascade —Glazed Assemblies
project No. 118-074 A
For Bids Due GetabeF9,2049 October 23, 2018
Contractor Name: •Precision Wall Systems, 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 1 orily.
If you are not a pre -qualified bidder, complete Section II only.
Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be
considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre -
qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6-
63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance")
for a period of twelve (12) months.
Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre -
qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified
Bidders") by December 315i 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 7/20/2018 General Conditions - 6
POST Blip 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 Subcontractors)") 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 W-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 7/20/2018 General Conditions - 7
PRE -QUALIFIED BIDDER CHECKLIST
(a) Acknowledgements:
0 By checking this box, I hereby acknowledge that I am a pre -qualified bidder with
the City of South Bend and that I have met the pre -qualification requirements within
the last twelve (12) months. A copy of my Pre -Qualification verification letter
is attached.
(ii) _ By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided by me, and may also conduct random inquiries of my current and prior
customers.
(b) Attachments:
(i) _ Indiana Secretary of State's on-line records (le. 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.
Evidence that I am utilizing a surety company which is on the United States
Department of Treasury's Listing of Approved Sureties as required in the bid
specifications or contract.
(iv) 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.
Version 7I20l2M General Conditions - 8
Contractor's Bid For Public Works — Form 96 — Supplementary Information — Part II
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. — REFERENCE ATTACHMENT A
2. Attach a listing of public works projects currently in process of construction by your organization —
REFERENCE ATTACHMENT B
3. Attach information regarding any failure to complete work awarded to you and the location thereof
— WE HAVE NOT HAD ANY PROJECTS THAT WE HAVE FAILED TO COMPLETE
4. Attach references from private firms for which you have performed work- REFERENCE
ATTACHMENT C.
Section II Plan and Equipment uestionnaire
1. Attach an explanation of your plan or layout for performing proposed work. Reference attached
PWS clarifications (ATTACHMENT D) for our plan to accomplish the proposed work. This
document includes specific assumptions, clarifications, means & methods, etc. related to our
approach on the project.
2. Attach a listing of the names and addresses of all subcontractors 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. We have not subcontracted any of our work on any Public Works projects over the
last five (5) years. We self -perform all our work.
3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor.
We do not intend to subcontract any of the work on this project.
4. Attach a listing of equipment you have available to use for the proposed project. We will not use
any of the equipment we own for the project. A crane will be rented to load floors with glazed
units. A swing stage will be utilized to caulk the perimeter of our work. We will not use any
equipment we own.
5. Have you entered into contracts or received offers for material which substantiate the prices used in
preparing your proposal? We have received multiple quotes for the glass, framing and entrances
on the projects. No agreements have been made at the time of the bid.
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. SEE ATTACHED FINANCIAL. STATEMENT (ATTACHMENT E)
11
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To Whom it may Concern,
It's my pleasure to provide a letter of recommendation for Precision Wall Systerns, Inc.
Precision Wall Systems came recommended to me ftom ail employee who has worked with them oil a past project
and was then contracted to perform multiple scopes of work such as, Almninurn Curtain Walls, Glazing, Entrance
Doors, Revolving Doors, Glass Railing, and Metal Panels for a 15-story commercial office building in Grand Rapids,
mi.
Since our first introduction at the design phase of the project, Precision Wall Systems has been nothing short of an
excellent contractor to work with. They have far exceeded the Owners, Architect, other Subcontractors and my
expectations that were set forth on this project. They respond quickly to design or coordination issues in the field,
they provide detailed shop drawings for easy review and approval, they are professional on all accounts and work well
with other in the field, and they are willing to participate in any Value Engineering discussions or design changes.
Precision Wall Systems was a true partner oil this project and their expertise has enabled us to exceed our project
schedule and we appreciate their continued support through the closeout of the job.
Please feel 11ree to contact nic. at 616-250-0937 should you have any questions.
Best wishes,
Jeff Smigiclski
Senior Project Manager
Phone: 616250.0937
jsmigiclski@orionbuilt.com
Attactu'vient D
FJ F1 ON 1= 113 N CJ IM CONTRACT PROPOSAL
W'A'L L' Y B T Proposal ff JAC- 102318
3801 South Main Street
South Bond, IN 46614
Phone: 574-299-4500
Fax 574-299-4505
October 23, 2018
Project: Three Twenty at The Cascades
Location: South Bend, IN
Architect: Panzica Building Corporation
Precision Wall Systems, Ine's proposal is based on the following bid documents:
I . Architectural Drawings dated September 2018.
2. Specifications dated September 2018.
3. Specification Sections:
a. Section 076200 - Sheet Metal Flashing and Trim
b. Section 079200 - Joint Sealant
c. Section 084313 - Aluminurn-Framed Storefronts
d. Section 084413. 10 - Glazed Aluminum Curtain Wall (Ribbon Window)
e. Section 088000 - Glazing
4. Bid Package: Project No. 118-074A - Glazed Assemblies
5. Addendum: No. I dated 10/2/2018.
No. 2 dated 10/10/2018.
Base Bid: $ 1,448,000 - one. mini-- Foar Hundred Forty-EightThousand Dollars.
Bid Alternates: NONE
Voluntary Alternates:
I . Delete one (1) Horizontal per floor - DEDUCT ($40,00,0)
The attached "Specific Inclusions, Exclusions Terms and Conditions" are incorporated in this proposal.
Page I of 2
Specific Inclusions, Exclusions, Terms and Conditions
General
• Sales Tax is EXCLUDED.
• Protection of our work (installed or stored) on site is EXCLUDED.
• Final cleaning is included.
• We have assumed embed layout is correct and embeds are sized appropriately,
• We have assumed payment for stored materials,
• We have assumed structure is capable of handling loads imposed by our systems.
• We require minimum 15' clear access at perimeter of our work,
• Glass breakage as a warranty itern is excluded.
• If required, performance and payment bond is in effect for one (1) year from substantial completion,
Section 084313 - Aluminum -Framed Storefronts
• We have included approximately 2,250 SF of 2" x 4-1/2" thermally -broken aluminum storefront framing,
• Manual aluminum entrance doors are included as standard (non -thermal) wide stile.
• Finish for all aluminum framing and entrances under this section is painted in lieu of anodized.
• Hardware for aluminum doors is included (von duprin panics, LCN 4040 closers, continuous hinges).
• Glass for this section is included as specified.
• Perimeter caulking of our work is included (2 lines).
• We have included break metal sill flashing but not as shown in detail 2/A30'2.
• Blocking and structural studs will be required (by others) at head of storefront for attachment.
• Interface with EIFS and other substrates needs to be reviewed to insure continuity of weather barrier.
Section 084413.10 -Glazed Aluminum Curtain Wall (Ribbon Window)
• Approximately 17,700 SF of PWS 6525UW curtain wall is included as pail of this proposal.
• We have included 20 thermal terrace doors for balconies.
• Approximately 70 zero-sightline vents are included where noted in floor plans.
• Finish for all training, doors and vents is painted (silver/gray color to mimic clear anodized).
• Curtain wall framing members will be painted with an acrylic paint.
• Exterior curtain wall components, terrace doors and vents will have kynar paint.
• We have included a curtain wall approach in lieu of ribbon window approach. Framing will "fly"
past slabs from level 2 through level 7. Top of slab anchors will be attached to existing embed
anchors. Stool trim will be utilized to cover top of slab anchors.
• An insulated metal panel will be used at slab -edge "spandrel" location to mirnic current design.
• Fire-safing and insulation will be required and is included as part of this, proposal.
• EIFS transitions will need to be addressed.
• Vision glass is included. Specifications seem to be written backwards. Inboard lite should be clear.
• We assume the embed layout correct and will perform a survey after award to confirm. If the embeds
are not located correctly additional cost and time may be required to develop a solution.
• We have included perimeter caulking (2 lines) of our work only.
• Interface with EIFS and other substrates needs to be reviewed to insure continuity of weather barrier,
• Detail I /A501 needs to be reviewed and corrected to create a continuous vapor barrier.
Section 088000 - Glazing
• We have included insulated glazing by a specified manufacturer,
• Glass makeup in spec seems to be backwards. We assumed tinted lite should be outboard.
• We have included black warm -edge spacers and argon fill.
• Glass warranties are manufacturer standard.
Proposed by - Jason Christy Accepted by -
Mobile - 574.210.9'643 Page 2 of 2
II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED)
(a) Acknowledgements:
(i) By checking this box, I hereby acknowledge that I am not a pre -qualified bidder
with the City of South Bend.
00 _V By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, -additional verification of any information
provided, and may also conduct random inquiries of my current and prior
customers. The City reserved the right to utilize all information provided in this
submission and all information obtained in inquiries or requests to determine if a
bidder is responsive and responsible. Additionally, I acknowledge that all
information provided to the City shall be regarded as public records.
(III) ✓ By checking this box, I hereby acknowledge that copies of all Applicable
apprenticeship certificates or standards for training programs applicable to the
work performed on the project may be requested at any time and shall be furnished
upon request.
(iv) By checking this box, I hereby acknowledge and ensure that I and all sub-
contractors, from whom I have accepted a bid and/or intend to hire to perform work
on the public work project, are properly licensed. Furthermore, I acknowledge my
understanding that it is my responsibility to ensure that all sub -contractors have
the necessary licenses to undertake the work called for in this bid. If a sub-
contractor loses their license at any point, it is the responsibility of that sub-
contractor to notify the City.
(b) Attachments:
(i)
Indiana Secretary of State's on-line records (ie. Business verification) dated within
sixty (60) days of the submission of said document showing that business is in
existence, current with the Indiana Secretary of State's Business Entity Report,
and eligible for a certificate of good standing. (Not applicable to individuals, sole
proprietors or partnerships).
(ii)
List identifying all former business names.
(iii)
Any determinations by a court or governmental agency any violations of federal
state, or local laws including, but not limited to, violations of contracting or antitrust
laws, tax or licensing laws, environmental laws, Occupational Safety and Health
Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5)
years.
(iv) V
Statement about staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work I
am bidding on OR outlines how I intend to meet the staffing needs of the work.
(v) /V
Statement that individuals who will perform work on the public work project on my
behalf will be properly classified as an employee or as an independent contractor
under all applicable state and federal laws and local ordinances.
(vi) V
Evidence of participation in apprenticeship and training programs, applicable to the
work to be performed on the project, which are approved by and registered with
the United States Department of Labor's Office of Apprenticeship, or its successor
organization.
(vii) V
Copy of a written plan for employee drug testing that covers all of my employees
who will perform work on the public work project and meets or exceeds the
requirements set forth in IC 4-13-18-5 or IC 4-13-18-6.
(viii)
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 7/20/2018 General Conditions - 9
(ix) _.y/ Written statement of any federal, state or local tax fiens or tax delinquencies owed
to any federal, state or local taxiing body in the preceding three years.
0 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.
�rate: — October 23, 2018
(S' He . .......
KA79
Jason Christy
(Print Name Here)
Precision Wall Systems, Inc.
(Name of Company)
3801 S Main Street
(Address of Company)
South Bend
(City)
Indiana
(State)
(574) 299-4500
(Telephone Number)
Version 712012018 General Conditions - 10
Contractor's Bid For Public Work — Responsible Bidder Checklist
Pre -Qualification Checklist (For Bidders That are not Pre -Qualified)
Attachments
i. Indiana Secretary of State's on-line records dated within 60 days (see attached).
ii. List identifying all former business names — NOT APPLICABLE.
iii. Any determinations by a court or governmental agency any violations of federal, state or
local laws including, but not limited to, violations of contracting or antitrust laws, tax or
licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal
Davis -Bacon and related Acts, within the preceding five (5) years— NOT APPLICABLE.
iv. Statement about staffing capabilities, including labor sources — We are signatory to the
glazier's union. We employ around 50 glaziers on a consistent basis. We will have the
manpower necessary to adequately staff the project.
V. Statement that individuals who will perform work on the public work project on my behalf
will be properly classified as an employee or as an independent contractor— We perform all
our work with our own personnel. All of our field and shop personnel are part of the
union and properly classified as employees.
vi. 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 — See attached
Collective Bargaining Agreement.
vii. Copy of a written plan for employee drug testing that covers al of my employees who will
perform work on the public wont project. — See attached Corporate Safety Policy. Our
safety policy contains our Drug Testing policy for all employees.
viii. 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. — See attached Surety Letter
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. — NOT APPLICABLE
X. List of projects of similar size and scope of work performed in all areas, including State of
Indiana, within three (3) years prior to the date on which bid is due. — See attached PWS
Project Log.
Entity Type: Domestic For -Profit Corporation Business Status: Active
Creation Date: 02/04/2008
Inactive Date:
Principal Office Address: 3801 SOUTH MAIN STREET, SOUTH Expiration Date: Perpetual
BEND, IN, 46614, USA
Jurisdiction of Formation: Indiana Business Entity Report Due 02/29/2020
Date:
Years Due:
Name: JASON A. CHRISTY
Address: 3801 SOUTH MAIN STREET, South Bend, IN, 46614, USA
-
0 d;U." t1'a._11 i /""6`'.,1
October 10, 2018
RE: Precision Wall Systems, Inc.
To Whom It May Concern:
It is our understanding that you have requested a surety reference letter from Precision
Wall Systems, Inc. First, we would Iike to provide you background information about
us. Merchants Bonding Company (Mutual)'s hating provided by A M. Best is a
Financial Strength Rating of A and a Financial Size Category of Class VIL
We have been providing surety bonds for Precision Wall Systems, Inc. since. 2015. We
have approved bonds for there covering jogs up to $15,000,000 and potential work
programs of $30,000,000 with larger projects and programs considered on'a case -by -
case basis.
We continue to be confident in Precision Wall Systems'Inc.'s ability to perform and we
I
recommend them for your favorable consideration.
This letter is not to be construed as an agreement to rovide surety bonds for an
particular project, but is offered as an indication of our past experience and confidence
in this firm. Any specific request for bonds will be underwritten on its own merits.
®
Q
Sincerely,
ERCHANTS BONDING COMPANY (MUTUAL)
\Y W {Y.('r1I1&i111I118.[Unl
i�
e le L. Bicknell
t (aavy ala-zlzz
ttorney in Fact
I (nav) aas-zlzz
South Bend, IN
Plymouth, IN
Indlanahnlis, IN
Fort Wayne, IN
Elkhart, l
Kalamazoo, full
MERCHANT'S
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually,
Barbara E Pearson, Cheryl E Alkire; Jennifer L Kasznia; Jordan M Scheiber; Mark E Wobbe; Megan E Riesenberg; Nicole L Bicknell; Sandra L
Junk; Theresa M Burns; Wesley L Mantooth; William J Carney III
their true and lawful Attorney(syln-tract, to sign Its name as surety(les) and to execrate, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This power -of -Attorney Is granted and is signed and seated by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2016.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature or any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given
to the Attemey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this Instrument to he signed and sealed this 20th day of June 2018
�ys.t�.ae.�. . • •' � • s
.•�� ..'POOrf �'O • QtPO/�' . . o
MERCHANTS BONDING COMPANY (MUTUAL)
a�r V0 R.
: Z : , MERCHANT NATIONAL BONDING, INC.
-o- •; - :1Z -o- o;
• 1933 By
2003
���.,•„���++. «�6+3,. ..•�.•«« President
STATE OF IOWA ••+��'�u..x.•'•.+` ". • «�
COUNTY OF DALLAS ss.
On this this 20th day of June 2018 before me appeared Larry Taylor, to me personally known, who being by me duty sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed In behalf
of the Companies by authority of their respective Boards of Directors.
O��IAt ALICIA K. GRAM
* p commission Number 767430
My Commission Expires
,WO. April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, Wiltlam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL.) and MERCHANTS NATIONAL. BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which Is still in full
force and effect and has not been amended or revoked.
in Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this , day of OG- 1Z,y ZO
Role •tiCl Nq� �r*r•
O,�Si Ir Q.fp
`,►+P1
••*� @ •.
's•
• D, Opp• ,�•
. r
�
' e
;v. 2003
: a •• 1933 ,' C " Secretary
Collective Bargaining A Lareement
C;;r CZY
By and Between
International Union and Painters and
Allied Trades, District Council 91
And
The South Bend Glazing Contractors
"Area Q11
Effective 7/1/2018 through 6/30/2021
H
I
f�
�. Article
AGREEMENT
TABLE OF CONTENTS
ARTICLE I Recognition
i ARTICLE R Scope of Bargaining Unit and Work Jurisdiction
ARTICLE III Jurisdiction
ARTICLE IV Union Security
ARTICLE V Dues and Administrative Fees Checkoff Provision
ARTICLE VI Function of management
ARTICLE VII Efficiency of Operations
ARTICLE VIII Drug -Free and Alcohol -Free Workplace
ARTICLE IX No Strikes/ No Lockouts
ARTICLE X Dispute Resolution
ARTICLE XI Referral Hiring Hail
ARTICLE XII Apprentices
ARTICLE XII Journeyperson Wages
ARTICLE XIV Apprentice Wages
ARTICLE XV Payment of Wages
ARTICLE XVI Work Day and Work Week; Overtime and Shift Premiums
ARTICLE XVII Breaks and Clean -Up Time
ARTICLE XVIII Holidays
ARTICLE XIX Reporting Pay
ARTICLE XX Travel Pay
ARTICLE XXI Contributions to the International Painters and Allied Trades
Industrial Pension Fund, The Finishing Trades Institute and the Painters and
ii
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Allied Trades Labor Management Cooperation Initiative
ARTICLE XXII Contributions to District Council Fringe Benefit Funds
ARTICLE XXIII Job Stewards
ARTICLE XXIV Union Rights
ARTICLE XXV Preservation of Work
ARTICLE XXVI Subcontracting
ARTICLE XXVII Safety
ARTICLE XXVIII Journeyperson Upgrade Training
ARTICLE XXIX Miscellaneous Terms and Conditions
ARTICLE XXX Bonding
ARTICLE XXXI Flexibility to Modify Agreement to Kxpand or Recover Work
ARTICLE XXXII IUPAT and Finishing Contractors Association
Not a Party to the Collective Bargaining Agreement
ARTICLE XXXHI Successors
ARTICLE XXXIV Supremacy Clause
ARTICLE XXXV General Savings Clause
ARTICLE XXVI Duration Clause
IN WITNESS WHEREOF
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AGREEMENT
This Agreement is made and entered into this I$t day of July 2019, by and between the
LU 1165 South Bend Contractors (name of contractor or contractor's association) hereinafter
referred to as the Employer (or, if agreement is with an Association, use "hereinafter referred to
as the Association), and District Council 91, affiliated with the International Union of Painters
and Allied Trades, AFL-CIO, hereinafter referred to as the Union.
ARTICLE I
Recognition
The Employer hereby recognizes the Union as the sole and exclusive bargaining representative,
within the meaning of Section 9(a) of the National Labor Relations Act C'the Act'), of all full-
time and regular part time employees employed on all present and future job sites within the
jurisdiction of the Union. Such recognition is predicated on the Union's demand for
recognition pursuant to Section 9(a) of the Act, and on the Union's presentation of a clear showing
that the majority of employees in the bargaining unit are members of the Union and desire the
Union to act as their exclusive representative within the meaning of Section 9(a) of the Act. The
Employer acknowledges that it has reviewed the Union's showing and agrees that it reflects the
employees' desire to be represented by the Union under Section 9(a) of the Act.
ARTICLE II
Scope of Bargaining Unit and Work Jurisdiction
GLAZIERS, ARCHITECTURAL METAL and GLASS WORKERS: General Glazing will
include, but not be limited to: (1) the installation or demolition of the following kinds and type of work
and/or materials: setting, cutting, preparing, fabricating, distributing, handling or removal of the
following: All kinds and types of Glass and Glass substitutes used in place of glass, all mirrors whether
or not framed, All types of metals not limited to aluminum, bronze, or stainless steel material used for
facing and/ or framing of building, storefront construction, all Slope Glazing and Solar Collectors, etc.
pre -glazed windows, retrofit window systems, mirrors, curtainwall systems, window wall systems,
suspended glass systems, louvers, skylights, entranceways including automatic doors, sliding or
swinging, patio doors, store front, column covers, panels and panel systems, glass hand rails,
decorative metals as part of the glazing system, and the sealing of all architectural metal and glass
systems for weatherproofing and structural reasons. Art glass, prism glass, beveled glass, leaded glass,
automotive glass, protection glass, plate glass, window glass, wire glass, ribbed glass, ground glass,
colored glass, figured glass, vitrolite glass, carrara glass, all types of opaque glass, glass chalk boards,
structural glass, tempered and laminated glass, Thiokol, neoprene and all types of insulating glass
units, all plastics or other similar materials when used in place of glass to be set or glazed in its final
resting place with or without putty, vinyl, molding, rubber, lead, sealants, silicone and all types of
mastics in wood, iron, aluminum, sheet metal or vinyl sash, doors, frames, stone wall cases, show
cases, book cases, sideboards, partitions and fixtures; (2) the installation and fabrication of the above
1
�.
systems materials when in the shop or on the Job site, either temporary or permanent, on of for any
building in the course of repair, remodel, alteration, retrofit or construction; also the servicing and
repairing of all such doors, metal door frames and any incidental work in connection there within; also
the installation of any and all other work or material recognized in the Glazing Industry as Glazier's
work(3) the installation and welding of all extruded, rolled or fabricated materials including, but not
limited to, all metals, plastics and vinyls, or any materials that replace same, metal and vinyl tubes,
mullions, metal facing materials, corrugated flat metals, aluminum panels, muntins, facia, trim
moldings, porcelain panels, architectural porcelain, plastic panels, unitized panels, showcase doors, all
handrails and relative materials, including those in any or all types of building related to store front,
doorhvindow construction and curtain wall systems; (4) the installation of automatic door entrances,
door(s) and window(s) frame assemblers such as patio sliding or fixed doors, vented or fixed windows,
shower doors, bathtub enclosures, storm sash where the glass becomes an integral part of the finished
product, including the maintenance of all of the above; (5) bevellers, silverers, scratch polishers,
abrasive blasters, flat glass wheel cutting, mitre cutters, engravers, hole drilling, machine operations
belt machines and all machines used in the processing of glass, automatic beveling, silvering, grinding,
polishing, unpacking and racking of glass, packing glass, glass cleaners in shops, mirror cleaning,
assembling, framing and fabrication and assembling of all insulated and non -insulated units,
fabrication and mounting of mirrors and the operations of all machines and equipment for these
operations; (6) the selecting, cutting, preparing, designing, art painting, and installing of fused glass,
thick facet glass in concrete and cementing of fused glass, thick facet glass in concrete and cementing
of art glass, and the assembly and installing or removal of all art glass, engraving, drafting, etching,
embossing, designing, abrasive blasting, chipping, glass bending, glass mosaic workers, cutters of all
flat and bent glass; glass shade workers, and glaziers in lead or other metals; the fabrication and
distribution of all glass and glass -related products; (7) any and all transportation, handling, distribution,
unloading and loading of tools, equipment and materials will be performed by members of the
International Union.
ARTICLE HI
Jurisdiction
Section 1. This Agreement applies to all work within the geographic jurisdiction of the Union, which
includes the following States and Counties:
Indiana
Glazing - Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clark, Clay,
Clinton, Crawford, Daviess, Decatur, DcKalb, Delaware, Dubois, Elkhart, Fayette, Floyd, Fountain,
Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington,
Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, Lagrange, Lake, La Porte,
Lawrence, Madison, Marlon, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton,
Noble, Orange, Owen, Parke, Perry, Pike, Porter, Posey, Pulaski, Putnam, Randolph, Rush, 5t. Joseph,
Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Tippecanoe, Tipton, Union, Vanderburgh,
Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Well, White, and Whitley.
Kentucky
Glazing -- Adair, Allen, Ballard, Barren, Breckinridge, Bullitt, Butler, Caldwell, Calloway, Carlisle,
Christian, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock,
Hardin, Hart, Henderson, Henry, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon,
McCracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio,
Oldham, Shelby, Simpson, Spencer, Taylor, Todd, Trigg, Trimble, Union, Warren, Washington, and
Webster.
Tennessee
Glazing - Bedford, Benton, Cannon, Carroll, Cheatham, Clay, Coffee, Davidson, Decatur, DeKalb,
Dickson, Franklin, Giles, Hardin, Henry, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis,
Lincoln, Macon, Marshall, Mauiy, Montgomery, Moore, Overton, Perry, Putnam, Robertson,
Rutherford, Smith, Sumner, Stewart, Trousdale, Warren, Wayne, White, Williamson and Wilson.
Jilinois
Glazing - Alexander, Clark, Clay, Crawford, Edgar, Edwards, Franklin, Gallatin, Hamilton, Hardin,
Jasper, Jefferson, Johnson, Lawrence, Massac, Pope, Pulaski, Richland, Saline, Union, Vermilion,
Wabash, Wayne, White, and Williamson.
Section 2. The Contractor or the Employerparty to this agreement, when engaged in work outside the
geographical jurisdiction of the Union party to this agreement, shall employ not less than fifty percent
(501/16) of the workers employed on such work from among the residents of the area where the work is
performed, or from among persons who are employed the greater percentage of their time in such area;
provided that the first employee on any such job or project may be selected by the Employer fiom any
geographic jurisdiction.
Section 3. The Employer party hereto shall, when engaged in work outside the geographic jurisdiction
of the Union party to the Agreement, comply with all of the lawful clauses of the Collective Bargaining
Agreement in effect in said other geographic jurisdiction and executed by the Employers of the industry
and the MAT affiliated Local Unions in that jurisdiction, including, but not limited to, the wages,
hours, working conditions, fringe benefits, and procedure for settlement of grievances set forth therein;
provided, however, that where no affiliated Union has a current effective Agreement covering such out -
of -area work, the Employer shall perform such work in accordance with this Agreement; and provided,
further, that as to employees employed by such Employer from within the geographic jurisdiction of
the Union party to this Agreement and who are brought into an outside jurisdiction, such employees
shall be entitled to receive the wages and conditions including fringe benefits effective in either the home
3
or outside jurisdiction, whichever are more favorable to such employees. In situations covered by the
last proviso, fringe benefit contributions on behalf of such employees shall be made solely to their
home funds in accordance with their governing documents, and the difference between the wages and
benefit contributions required by the away funds and the home funds, if any, shall be paid to the
employees as additional wages. This provision is enforceable by the District Council or Local Union in
whose jurisdiction the work is being performed, both through the procedure for settlement of
grievances set forth in its applicable Collective Bargaining Agreement and after exhaustion of those
procedures, through the Courts, and is also enforceable by the Union party to this Agreement, both
through the procedure for settlement of grievances set forth in this Agreement and after exhaustion of
those procedures, through the Courts.
Section 4. The fifty percent (50%) manpower requirement referred to in Section 2 of this Article shall
not apply when the Employer party to this Agreement is engaged in work within the geographical
jurisdiction of District Council 91; however, the employees brought from the Employer's home Local
Union area are still entitled to receive the more favorable wage package of the home Local Union or
the affiliated Local Union, and the Employer must still abide by the work rules in effect in the area in
which the work is being performed.
ARTICLE IV
Union Security
All present employees who are members of the Union on the effective date of this Agreement or on the
date of execution of this Agreement, whichever is the later, shall remain members of the Union in good
standing as a condition of employment, All present employees who are not members of the Union and
all employees who are hired hereafter shall become and remain members in good standing of the
Union as a condition of employment on and after the eighth (8th) day following the beginning of their
employment, or on and alter the eighth (8th) day following the effective date of this Agreement or the
date of execution of this Agreement, whichever is later.
The provisions of this Article shall be deemed to be of no force and effect in any State to the extent to
which the making or enforcement of such provision is contrary to law, In any State where the making
and enforcement of such provision is lawful only after compliance with certain conditions precedent,
this Article shall be deemed to take effect as to employees covered by this Agreement immediately
upon compliance with such conditions.
In those instances where this Article may not be validly applied because of such State law, the
Employer agrees to recommend to all employees that they become members of the Union and to refer
new employees to the Union upon hiring. In addition, the Employer party hereto agrees to provide the
names and contact number of all employees hired by the Employer to the Union within five (5) days of
their hire.
4
ARTICLE V
Dues and Administrative Fees Checkoff Provision
Section 1. Every Employer signatory to this Agreement hereby agrees to deduct from the wages of any
employee employed by such Employer during the term of this Agreement administrative dues in the
amount specified in the Union's bylaws and to remit said amount to the Union in the following
manner:
a. The Union will notify the Employer in writing of the amount of administrative dues specified in
the bylaws, and will submit to the Employer a copy of the bylaws or the applicable bylaw provision.
b. For each payroll period, the Employer will deduct from the wages of each employee the
amount specified in the bylaws based on the number of hours worked during said payroll period, and
will accumulate said deductions to the end of the month.
c. On or before the twentieth (20th) day of each month, the Employer will remit to the Union the
entire amount of administrative dues due and owing as to each employee for the month previous,
together with a list of employees covered hereby and the number of hours worked by each during the
applicable period.
Section 2. When a signatory Employer performs a job within the jurisdiction of a union affiliated with
the IUPAT other than the Union signatory hereto and the bylaws of that other union contain a
provision for administrative dues or business representative (or Business Manager) "assessment," the
Employer shall check off from the wages of employees covered by this Agreement and employed on
that job administrative dues or business representative/Business Manager "assessment" in the amount
stated in that other union's bylaws, and shall remit said amount to that other union. In that event, that
other union shall be acting as agent of the signatory Union for the purpose of policing and
administering this Agreement, In performing the checkoff, the procedure specified in Section (1) a-c
will be followed, except that it shall be the responsibility of said other union to notify the Employer in
writing of the amount of administrative dues or business representative/Business Manager
"assessment" specified in its bylaws, and to submit to the Employer a copy of the bylaws or the
applicable by-law provision. When the signatory Employer performs a job within the jurisdiction of a
union affiliated with the ]UPAT other than the Union signatory hereto, and the bylaws of that other
union contain no provision for administrative dues or business representative/Business Manager
"assessment," the Employer shall continue to be bound by Section (1).
Section 3. The obligations of the Employer under Sections (1) and (2) shall apply only as to
employees who have voluntarily signed a valid dues deduction authorization card.
Section 4. At the time of the employment of any employee, the Employer will submit to each such
employee for his voluntary signature a dues deduction authorization card in triplicate, one copy to be
retained by the Employer, one copy retained by the employee, and the third returned to the Union, the
form to be supplied to such Employer by the Union.
Section S. On or before the twentieth (24th) day of each month, the Employer will submit to the
Union a list of all employees covered by the Agreement who have not signed a dues deduction
k
authorization card, together with the gross amount of pay of each such employee during the month
previous.
ARTICLE VI
Function of Management
Section 1. Except as limited by this Agreement, the Employer shall have the right to:
plan, direct, and control all its work; hire employees; direct the working forces in the field; assign
employees to their jobs; direct and assign work to employees; determine the number of employees to
be employed; discipline for just cause Gust cause for discharge includes but is not necessarily limited
to incompetence, insubordination, habitual tardiness or absenteeism, safety violations, and
participation in unauthorized work stoppage or slowdown); transfer employees; lay off employees
because of lack of work or for other legitimate reasons; require employees to observe the Employer's
and/or contracting entities' rules and regulations that do not conflict with this Agreement; regulate the
amount of equipment used and the use of equipment and other property of the Employer; require the
observance of applicable government regulations and safety standards; maintain reasonable standards
of production and quality of work; and decide upon methods, equipment, and procedures to be used in
the performance of all work covered by this Agreement; provided, however, that the Employer will not
use its rights for the purpose of discrimination against any employee.
Section 2. The Employer and the Union recognize the necessity of promoting efficiency
and agree that no local rules, customs, or practices shall be permitted that limit production or manpower
required to do the work, and that no limitations shall be placed on the amount of work that an
employee is performing during the work day. No regulations of tools shall be interpreted or enforced in
any way to prevent their use provided that all safety regulations are satisfied
Section 3. It is understood that an employer, who is a substantial owner, partner, officer or project
manager of signatory employer may, at their business discretion, perform covered work as defined in the
IUPAT DC 91 Collective Bargaining Agreement as long as those individuals are: members in good
standing of the "AT; are paid, at a minimum, journeyman wages for each hour worked; have current
Health & 'Welfare, Pension, Training, LMCl, Drug Fund contributions paid into the appropriate funds for
each hour of covered work; and that the current amount of dues -check off is submitted to DC 91 for each
hour of covered work.
ARTICLE VII
EMiiciency of Operations
Since achieving greater efficiency in all aspects of the Employer's work is deemed appropriate and
necessary, the Union shall encourage employees to perform their duties on behalf of the Employer and
accomplish desired results in as efficient and productive a manner as possible. There shall be no
restrictions as to the amount of work an employee shall do during scheduled working hours. Nor shall
there be any restriction as to the use of labor saving machinery or devices in any aspect of the work
that may be assigned by the Employer.
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ARTICLE VM
Drug -Free and Alcohol -Free Workplace
Section ]. The Employer and the Union agree to abide by the drug and alcohol testing policy and
employee assistance programs such as MICCS, BCRC, IUCRC, SWIBT, etc.
Section 2. The parties to this Agreement recognize the need to provide and maintain a
drug -free and alcohol -free workplace. Each party agrees that it will comply with any customer
mandated substance abuse program. Further, all employees shall be bound, as a condition of
employment, by the rules and provisions of any such substance abuse program, which may include the
following types of testing: pre -employment, reasonable suspicion, post -incident, and random where
allowed by law.
Section 3. All substance abuse programs, rules, or regulations shall be submitted to the Union for
review prior to implementation by the Employer.
Section 4. If a drug testing policy is not in effect it will be the employers responsibility to reimburse
and/or pay for any testing necessary as long as the employee passes the screening.
ARTICLE IX
No Strikes/No Lockouts
During the term of this Agreement, and any extensions thereof, the Union shall not authorize,
encourage or participate in any strike, work stoppage, or slow -down or otherwise interfere with the
performance of work by the Employer's employees, except in circumstances otherwise permitted in
this Agreement. The Employer shall not, in any manner, threaten or cause a lockout of its employees
during the term of this Agreement, or any extensions thereof.
ARTICLE X
Dispute Resolution
Section 1. A grievance may be filed at any time by an affected employee or by a Union
representative acting on behalf of the Union, an employee or a group of employees. A "grievance" may
involve any dispute concerning the interpretation and/or application of provisions set forth in the
collective bargaining agreement, including past practices and customs of the parties.
Section 2. In the event a dispute arises, the following steps shall be invoked by the
party/employee pursuing the claim:
a. Step One: The Union and/or the employee(s) shall, within thirty (30)days after the occurrence that
.results in the complaint [or, within thirty (30)days of receiving information relating to such
occurrence], file a written grievance that describes in general terms the nature of the occurrence, the
manner in which the Employer allegedly violated the collective bargaining agreement, custom or
practice of the parties, etc. and describes the nature of the remedy sought. A copy of the grievance
must be delivered to the employee's immediate supervisor and/or the Employer's designated labor
relations supervisor and a copy must also be forwarded to the Business Manager/Secretary Treasurer of
the District Council/Local Union. Upon receipt of a grievance under this procedure, if filed by an
7
individual employee or group of employees, the Employer shall also be responsible for promptly
forwarding a copy of any such grievance to the Business Manager/Secretary Treasurer so as to assure
that the Union is aware of the pendency of the grievance.
b. Step Two: Within one (1) week after the filing of a grievance, or at such other time as the parties
may mutually agree, a representative of the Union shall meet with a designated representative of the
Employer to attempt to resolve the grievance. If the grievance has not been resolved within one (1)
week following such a meeting [or within two (2) weeps following the date of the grievance if no such
meeting has occurred or been scheduled], then the Union may proceed to submit the matter to
arbitration under the procedures set forth below. Notwithstanding any provision set forth herein or
elsewhere in this Article, the parties may, at any time, agree mutually to extend any time limit or time
frame set forth.
C. Step Three: Arbitration. If the parties cannot agree upon a settlement of a grievance, then the
Union may, within thirty (30) days following notice to the Employer that it intends to seek arbitration,
submit the matter for final and binding arbitration under the rules and regulations of the Federal
Mediation and Conciliation Service. The decision of a neutral arbitrator, selected pursuant to FMCS
rules and regulations, shall be final and binding upon all parties and the grievant(s). The costs of any
such arbitration proceeding shall be, shared equally by the Union and the Employer, except that each
party shalt pay the cost for any witnesses they may call at a hearing (except for employees of the
Employer who are "on -the -clock" during any such proceeding), counsel fees (which shall be borne by
the party employing such counsel), and stenographic fees (which shall be borne by the party ordering a
copy of the transcript, if any). The arbitrator shall have no power to alter, modify, or change any
provision in the collective bargaining agreement and his/her powers shall fiuther be limited to an
interpretation(s) of the agreement, a determination of the specific matter presented in the grievance,
and a decision that shall state an appropriate remedy in relation to that grievance.
Section 3. If the Employer fails to comply with a final and binding decision issued by an arbitrator
or a settlement agreed upon by the parties, the Union may, in its discretion: (a) terminate this
Agreement by forty-eight (48) hours written notice to such Employer, or (b) continue this Agreement
in effect but not be bound or restricted by any "no -strike" clause or similar obligation hereunder;
andlor (c) resort to any legal recourse available to it, including a jab action, a strike, or litigation.
Section 4. There shall be no strike or lockout on any job over any grievance or dispute while it is
being processed through this grievance procedure and until the said procedure has been exhausted.
However, and notwithstanding any contrary provision of this Agreement, the Union may remove
employees from any job(s) of the Employer if the Employer fails or refuses to pay the wages and/or
fringe benefits provided for and required by this Agreement, or refuses to participate in the grievance
process set forth above, or fails to comply with a final and binding decision issued at any level of this
grievance procedure. Nothing stated in this section shall preclude the Employer from resorting to the
grievance procedure with respect to any action or sanction taken or imposed by the Union hereunder.
Section 5. If a Joint Trade Board is formed between District Council 91 and signatory employer
or associations, the Employer agrees that the Union may, upon written notice to the Employer, reopen
this Agreement for the sole purpose of modifying this Article to substantially conform to the Joint
8
Trade Board procedure recommended in the Model Collective Bargaining Agreement then published
by the NPAT and the Finishing Contractors Association.
ARTICLEXI
Referral Hiring Hall
Section 1. When the Employer needs additional employees, the Employer shall give the Union equal
opportunity with all other sources to provide suitable applicants, but the Employer shall not be, required
to hire those referred by the Union. The Employer agrees to notify the Business Representative of his
intent to hire anyone who is not a member of the Union prior to actual employment.
Section 2. The Employer shall have the right to reject any applicant for employment.
Section3. The Union shall select and refer applicants for employment without discrimination against
such applicants by reason of membership or non -membership in the Union and such selection and
referral shall not be affected in any way by rules or regulations, bylaws, constitutional provisions, or
any other aspect or obligation of the Union membership policies or requirements.
If the registration list is exhausted, and the Union is unable to refer applicants for employment to the
Employer within 48 hours from the time of receiving the Employer's request, Saturdays, Sundays, and
holidays excepted, the Employer shall be free to secure applicants without using the referral procedure.
The Employer shall notify the Union within five (5) days of their date of hire of the names, addresses,
and Social Security numbers of such directly hired employees.
Section 4. Employers shall advise the Union of the number of applicants and any special
skills and certifications needed. The Employer shall be permitted to review the available names of
applicants on the referral list and select individuals for referrals.
Section 5. The provisions set forth in this Article notwithstanding, the right of any applicant for
employment may be suspended in accordance with the following provision(s) set forth in the Top
Workplace Performance Policy:
a. Should any person referred for employment be terminated for just cause, his or her referral
privileges shall be suspended for two (2) weeks. Should the same individual be terminated for cause a
second time within a twenty-four (24) month period, his or her hiring hall referral privileges shall be
suspended for two (2) months. Should the same individual be terminated for cause a third time within a
twenty-four (24) month period, his or her referral privileges shall be suspended indefinitely.
b. A termination shall not be considered "for just cause" for purpose of this provision if the person
referred for employment has filed a grievance challenging the propriety of his or her termination,
unless and until the grievance is resolved in a manner that affirms the termination for just cause. For
the purpose of this provision, a decision of the District Council Joint Trade Board and/or an arbitrator
shall be final and binding.
C. The provisions in subsections (a) and (b) notwithstanding, a Termination Review Committee,
composed of two (2) members appointed by the Business Manager/Secretary Treasurer of the Union
and two (2) members appointed by the Employers signatory to this Agreement may, upon written
request of the applicant, vacate or reduce the period of suspension should the Committee determine,
following inquiry or investigation, in its sole and complete discretion, that equity requires such action.
ARTICLE' XH
Apprentices
Section 1. Hiring of Apprentices. The hiring of apprentices shall be governed by rules and regulations,
as amended from time to time, of the Joint Apprenticeship Committee of the Finishing Trades Institute
of District Council 91, Any person employed under this Agreement not designated an "apprentice"
under this provision shall be paid at the journeyperson rate set forth in this Agreement.
Section 2. Ratio of Apprentices to Joume ersons. Consistent with proper supervision, training,
safety, and continuity of employment throughout the apprenticeship, the ratio of apprentices to journey
workers shall be one to three journey workers or fraction thereof Each Employer shall employ and
train apprentices in the following ratio to journeyperson workers employed by the Employer:
1 apprentice per two (2) journeypersons
2 apprentices per four (4) journeypersons
(etc.)
ARTICLE XW
Journeyperson Wages
Create a Schedule of wages based on the negotiations between the Employers of the industry in
that Area and this District Council. These will be attached as "Appendix A". All signatory
contractors will be notified with wage and benefit information to replace the "current
Appendix A" as they become effective and are available.
South Bend - AREA Q shall consist of the following Counties: Elkhart, Fulton, Kosciusko, Lagrange,
Marshall, Pulaski, St. Joseph and Starke in the State of Indiana; and, Berrien and Cass in the State of
Michigan.
July 1, 2018 to June 30, 2019
JOB
CLASSIFICATION ICATION
RASE
WAGE
H & W
FUND
1UI'AT
PENSION
IUPAT
ANNUITY
PTI of
DC 91
lUPAT
FCI
IUPAT
LNICI
STAR
FIND
DRUG
TESTS
TOTAL
South Bend Glazier
$28.31
S6A7
$10.01
$0.00
S0.40
50.10
$0.10
$0.10
$0.10
$45.59
July 1, 2019 to June 30, 2020
JOB
BASE
H & 1V
IUPAT
IUPAT
FTI of
1UPAT
HIPAT
STAR
1lRUG
CLASSIFICATION
WAGE
FUND
PENSION
ANNUITY
DC91
r-I'1
I,NICI
FUND
TESTS
TOTAL
South Bend Glazier
TBD
TBD
TWO
I TBD
TBD
'TBD
THD
TBD
TBD
$46.84
increase of one dollar and twenty rive cenb (S1,25). $,60 has been allocated to lUPAT Pension. The membership of Local UrUon 3165 reserves
the right to apply the remaining SOAS increase to wages and/or fringes as needed.
10
July 1, 2020 to June 30 2021
JOB
BASE
H & N
IUPAT
RWAT
Fri of
TUPAT
IUPAT
STAR
DRUG
CLASSIFICATION
1VAGE
FUND
PENSION
ANNUITY
DC 91
1''Tl
nICI
FUND
'1'FST'S
TOTAL
South Bend Glazier
TBD
T11D
TBD
TBD
TBD
TBD
I TBD
TBD
TBD
$48.34
Increase or one dollar and fifty cents S.60 has been allocated to ItirNr Pension. The membersLip of i asai uliton tioa reserves [ne ngn[
to apply jibe remaining S0,90 increase to wages andtar fringes as needed.
Section 2. In all instances, the Union shall have the option of applying such rates, increases, or
portions of such increases, to wages or fringe benefits, including any jointly administered fiend
mentioned in this Agreement, The Union shall, prior to July 1st of each year [or at other times during
the year upon thirty (30) clays notice], advise the Employer of the changes in the wage and/or fringe
benefit rates that the Union has determined shall apply as of each effective date.
ALL WAGE RATES, FRINGE BENEFITS RATES, AND DEDUCTIONS PER HOUR ARE BASED
ON ALL HOURS PAID; PROVIDED, HOWEVER, FRINGE BENEFIT CONTRIBUTIONS FOR
OVERTIME HOURS NEED ONLY BE PAID ON THE ACTUAL OVERTIME HOUR(S)
WORKED,
ARTICLE XV
Apprentice Wages
The parties agree that apprentices who are hired by the Employer shall receive the following
percentages of the regular/hourly straight time rate of pay that is payable as an hourly wage payment to
journeypersons working under this Agreement. The parties understand, and agree, that the Employer
shall, on behalf of each such apprentice, make contributions to the various fringe benefit funds
identified in this Agreement in the amount(s) set forth in Appendix A on behalf of each apprentice.
Upon satisfactory completion of the apprentice program, each apprentice shall receive the same wage
rate as is required for journeypersons under this Agreement.
Less than 750 Hours Worked
50%
More than 750, but less than 1500 Hours Worked
55%
More than 1500, but less than 2250 Hours Worked
60%
More than 2250, but less than 3000 Hours Worked
65%
More than 3000, but less than 3750 Hours Worked
70%
More than. 3750, but less than 4500 Hours Worked
75%
More than 4500, but less than 5250 Hours Worked
80%
More than 5250, but less than 6000 Hours Worked
90%
11
ARTICLE XV
Payment of Wages
Section-,.] '
ection1. Employees shall be paid weekly on a day designated by the Employer. Checks
shall be distributed on the job site no later than the close of the regular work day. Alternately,
paychecks can be direct deposited to the employees' bank accounts or, by mutual written consent of
the Union and the Employer may be mailed to the employees. No more than one (1) week's wages
may be withheld at any time from a paycheck.
Section 2. All wages shall be paid by negotiable check (or direct deposit, if appropriate) and shall be
accompanied by a statement of gross earnings and any deductions made. Such statement shall show the
Employer's name, the employee's name, the hourly rate of pay, the dates and hours worked, all
deductions made, and the net amount due the employee. Wage payments shall conform with all
applicable federal and state taws.
Section 3. Employees who quit need not be paid until the next regular payday. In the
case of discharge or layoff, the Employer shall pay employees in full by the close of the work day on
which their employment is terminated. In instances in which it is logistically impossible for an
Employer to make payment to the employee on his/her last day of work, the Employer, after
notification to the Union, shall mail or direct deposit the payment to the employee or employees within
one (1) business day of the layoff/termination of employment.
Section 4. If any employee is not paid in a timely manner, in accordance with the provisions set forth
herein, he/she may file a grievance. The Arbitrator may assess a penalty on the Employer equal to
three (3) times the amount involved for a failure to .make timely payment(s) to the employee, in
violation of this provision.
Section 5. Each employee shall verify that he/she has received payment of proper wages,
travel pay, premium due, and other compensation due him/her. If there is a dispute, the employee must
make a request for correction, through the Employer representative, steward, and/or business
representatives within two (2) weeks of receiving such pay. If appropriate correction is not made, the
employee may file a grievance. Nothing in this provision shall be construed as imposing any time
limits or other limitations on a claim by the Union and/or any Union -related or affiliated benefit fund
that the Employer has failed to make timely and appropriate contributions to the Union and/or any
fringe benefit fund.
ARTICLE XVI
Work Day and Work Week: Overtime and Shift Premiums
Section 1. Regular work week shall be forty (40) hours starting at 6:00 a.m. on Monday and ending at
6:00 p.m. on Friday. Regular work day shall be from 6:00 a.m. to 6:00 p.m. and shall consist of eight
12
(8) consecutive hours exclusive of one-half (112) hour lunch period that shall be at approximately at
mid point of shift. For the purpose of shiftwork, a day is defined as, a 24 hour period commencing
with the established starting time of the day shift. Starting time of the work day maybe changed within
these hours by the employer to take advantage of daylight hours, weather conditions, or shift or traffic
conditions.
Section 2. With mutual consent between the Union and the Employer, the regular work day may
consist of ten (10) hours labor on the job and the regular weekly work schedule may consist of four (4)
ten (10) hour days on consecutive days. The Employer will notify the Union prior to implementing a
four (4) ten (10) schedule.
Section 3. With mutual consent between the Union and the Employer; then in the discretion of the
Employer, a Voluntary make-up day may be scheduled for work missed due to holidays or inclement
weather. In declining of voluntary make-up day, the employee shall not be penalized or discriminated
against. The make-up day shall be paid at the regular hourly rate of pay, unless work is performed on
Sunday or unless the work missed was scheduled to be performed on overtime.
Section 4. Employees shall be at the shop or project site and prepared to work at the scheduled starting
time each day and shall remain until quitting time.
Section 5. All work outside the regular work day and all work in excess of forty (40) hours in the work
week shall be paid at one and one-half (1 "2) times the regular rate. Any shift that exceeds more than
12 hours will be paid at double (2) time rate.
Section 6. For any shift which starts prior to 6:00 A.M. or after 12:00 P.M., the Employer shall pay all
employees a shift differential of $2.00 per hour above the applicable wage scale. All shifts shall be
scheduled for at least eight (8) consecutive hours.
Section 7. All work on Sunday shall be paid at two (2) times the regular rate.
Section 8. There shall be no pyrainiding of overtime payments required by this Article.
ARTICLE XVH
Breaks and Clean -Up Time
Section 1. Breaks, The following rules shall apply to employee breaks during regular and extended
shift hours:
a. A non -organized 15 minute break shall be allowed at the approximate midpoint of the pre -
lunch work time on each shift. This break is to be taken at the assigned place of work.
13
ARTICLE XIII
Holidays
The following days shall be recognized as unpaid holidays: New Year's Day, Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day, Day Following Thanksgiving and Christmas Day. All work
performed on these recognized holidays shall be paid for at double (2) times the regular rate. No work
shall be performed on Labor Day except in case of emergency or to protect lives or property, and then
only after permission has been requested and granted by the Union or its representative. If the Holiday
falls on a Sunday, the following Monday shall be considered the recognized Holiday. If the Holiday
falls on a Saturday, the preceding Friday shall be considered the recognized Holiday.
On projects covered by a Project Labor Agreement, General President's Agreement, National
Maintenance Agreement, or any other national or local agreement superseding this Agreement, the
parties agree that the holidays, during the term of such project, shall be recognized in accordance with
such other agreement, and such other agreement shall supersede the provisions set forth herein.
ARTICLE XIV
Reporting Pay
Any employee reporting to work at the regular starting time shall receive two (2) hours pay at the
regular hourly rate unless he or she has been notified, at least nva (2) hours prior to the reporting time,
not to report to work. Any employee who reports to work and for whom work is provided shall receive
no less than two (2) hours pay.
ARTICLE XX
Travel Pay
When computing the mileage paid for personal vehicle usage and job -site reporting, a free zone of twenty-
five (25) miles shall be established. The free zone shall start from the L.0 H65/South Bond area
Employer's shop; in the case of out -of -area Employers, expense zones for LU 1165/South Bend members
shall start from 1345 Northside Boulevard, South Bend, Indiana. Mileage shall be competed by the most
direct route determined by a computer -generated Internet map, such as Mapquest.
a. Beyond the above free zone, the Employees shall receive the IRS standard mileage rate
from the boundary of the free zone to the job site and back to the boundary. Only the owner of the vehicle
will receive this mileage pay. Employees driving company owned vehicles do not receive mileage pay.
b. All riding time before regular starting time and after regular quitting time shall be paid
as straight time in quarter (1/4) hour increments. This does not apply when a Glazier is ordered to leave
the shop and report to a job after regular quitting time. This section applies whether in Company vehicles
or Glaziers' personal vehicles. However, the Employee, while operating Company vehicles beyond their
regular eight (8) hour shift, shall be paid on a time and one-half (1 and'/z) basis. This does not apply to
Employees for their personal use of the Company vehicles.
c. When employees are required to stay out of town, the Employer shall provide lodging, based on double
occupancy, with a $35.00 per diem for each employee for each overnight stay.
14
ARTI[= XXI
Contributions to the International Painters And Allied Trades
Industry Pension Fund, The Finishing Trades Institute
and the Painters and Allied Trades
Labor Management Cooperation Initiative
Section 1. For the duration of this Agreement, and any renewals or extensions thereof, the Employer
agrees to make payments to the International Painters and Allied Trades Industry Pension Fund ("the
Pension Fund'), the Finishing Trades Institute ("FTI") and the Painters and Allied Trades Labor
Management Cooperation Initiative {"LMCI"), for each employee covered by this Agreement as
follows:
a, For each hour or portion of an hour for which an employee receives pay, the Employer shall
make a contribution in the amount set forth in Appendix A, provided that when over -time rates apply,
a contribution need be made for only the actual hour(s) worked.
b. Contributions shall be, paid on behalf of any employee starting with the employee's first hour of
employment in a job classification covered by this Agreement. This includes, but is not limited to,
apprentices, journeypersons, trainees, and probationary employees.
C. The payments to the Pension, Apprenticeship, and LMCI Funds described above shall be made
separately to each respective Fund or as otherwise set forth in written instructions that the Employer
shall receive from the Administrator(s) of each respective Fund. The Employer hereby understands,
accepts, and agrees to be bound by all provisions set forth in the Agreement and Declaration of Trust
that has been adopted by the parties to each of the respective Funds identified above, including all
amendments and modifications made thereto, and the Employer hereby agrees to be bound by and to
said Agreements and Declarations of Trust as though it had actually signed the same.
d. The Employer shall, with respect to any and all contributions or other amounts that may be due
and owing to the IUPAT and its related or affiliated Funds or organizations, including, but not limited
to, the IUPAT Industry Pension Plan, the IUPAT Industry Annuity Plan, the Finishing Trades Institute,
the Painters and Allied Trades Labor Management Cooperation Initiative, the IUPAT Political Action
Together (and any and all other affiliated International organizations as may be created or established
in the future), upon receipt of a written directive to do so by the affiliated Funds and organizations,
make all required payments, either directly or through an intermediate body, to the "Central
Collections" Unit of the International Union and its affiliated Funds and organizations. Such
contributions shall be submitted on appropriate forms, in such format and with such information as
may be required by Central Collections.
Section 2. a. The Employer hereby irrevocably designates as its representatives on the Boards of
Trustees of the Pension Fund, the FTI, and the LMCI such Trustees as are now serving, or who will in
the future serve, as Employer Trustees, together with their successors, as provided for in the aforesaid
trust indentures.
b. The Union hereby irrevocably designates as its representatives on the Boards of Trustees of the
Pension Fund, the FTI, and the LMCI such Trustees as are now serving, or who will in the future
15
serve, as Union Trustees, together with their successors, as provided for in the aforesaid trust
indentures.
C. The parties hereto further agree to be bound by all actions taken by the Trustees of the Pension
Fund, the FTI, and the LMCI pursuant to the said Agreements and Declarations of Trust.
Section 3. All contributions to the Funds described in paragraph. 1 hereof shall be made at such time
and in such manner as the Trustees of each respective Fund may require, and the Trustees shall have
the authority to have a certified public accountant audit the payroll, wage, and other relevant records of
the Employer for the purpose of determining the accuracy of contributions to each respective Fund.
Section 4. if an Employer fails to make contributions to any of the Funds described in paragraph 1
hereof within twenty (20) days after the date required by the Trustees, such failure shall be deemed a
violation of this Agreement and the Union shall have the right to take whatever steps are necessary to
secure compliance with this Agreement, any provisions hereof to the contrary notwithstanding, and the
Employer shall be liable for all costs of collecting the payments due, together with the attorneys' fees
and such penalties as may be assessed by the Trustees of each respective Fund. The Employer's
liability for payment under this provision shall not be subject to or covered by any "no -strike" clause
which may be provided or set forth elsewhere in this Agreement and such provisions shall not apply in
the event of a violation of this clause.
Section 5. Each of the respective Funds described in paragraph 1 hereof shall, at all times, conform
with the requirements of the Internal Revenue Code and other applicable laws and regulations so as to
enable the Employer, at all times, to treat contributions to them as a deduction for income tax purposes.
Section 6. Beginning July 1, 2018, for each hour, or portion thereof, for which an employee receives
pay, the Employer shall make a contribution of $10.01 to the IUPAT Industry Pension Plan.
Beginning July 1, 2019, for each hour, or portion thereof, for which an employee receives pay, the
Employer shall make a contribution of a minimum of $10.61 to the IUPAT Industry Pension Plan.
Beginning July 1, 2020, for each hour, or portion thereof, for which an employee receives pay, the
Employer shall make a contribution of a minimum of $11.21 to the IUPAT Industry Pension Plan.
ARTICCLE XXH
Contributions to District Council Fringe Benefit Funds
Section 1. Commencing with the August 1st 2012, and for the duration of the Agreement, and any
renewals or extension thereof, the Employer agrees to make payments to the Finishing Trades
Institute of DC 91 and District Council No. 91 approved Health and Welfare Funds for each
employee covered by this Agreement, as follows:
(a) For each hour or portion thereof for which an employee receives pay, the Employer shall
LO
make a contribution in the amount(s) set forth in Article XIV and/or the current Appendix A to
those funds.
(b) For the purpose of this Article, each hour paid for, including hours attributable to show -up
time, and other hours for which pay is received by the employee or payable by the Employer in
accordance with the Agreement, shall be mounted as hours for which contributions axe payable.
(c) Contributions shall be paid on behalf of any employee'starting with the employee's first
day of employment in a job classification covered by this Agreement. This includes, but is not
limited to, apprentices, helpers, trainees, and probationary employees.
(d) The payments to the Pension, Welfare, Apprentice, and other Local and National Funds required
above shall be made separately to each respective Fund or as otherwise set forth in written
instructions that the Employer shall receive from DC 91 or the Administrator(s) of each
respective Fund. The Employer hereby understands, accepts, and agrees to be bound by all
provisions set forth in the Agreement and Declaration of Trust that has been adopted by the
parties to each of the respective Trust Funds identified above, including all amendments and
modifications made thereto, and the Employer agrees to be bound by and to said Agreements and
Declarations of Trust, as amended from time to time, as though it had actually signed the same.
Section 2. The Employer hereby irrevocably designates as its representatives on the Board of
Trustees of each Trust Fund identified above, such Trustees as are now serving, or who will in the
future serve, as Employer Trustees, together with their successors. The Employer further agrees to
be bound by all actions taken by the Trustees pursuant to the said Agreement. and
Declaration of Trust, as amended from time to time.
Section 3. All contributions shall be made at such time and in such manner as the Trustees
require; and the Trustees of each respective Fund may- at any time conduct an audit in
accordance with provisions set forth in the Agreement and Declaration of Trust or other rules
and regulations that may, from time to time, be adopted by the Trustees.
Section 4. If the Employer fails to make contributions to one or more, or any of these Funds
within twenty (20) days after the date required by the Trustees, the Union shall have the right to
take whatever steps are necessary to secure compliance with this Agreement, and any other
provisions hereof to the contrary notwithstanding, and the Employer shall be liable for all costs of
collection of the payments due, together with attorneys' fees and such penalties as may be
assessed by the Trustees. The Employer's liability for payment under this Article shall not be
subject to or covered by any grievance or arbitration procedure or any "no strike" clause that may
be provided or set forth elsewhere in: this Agreement, and such provisions shall not apply in the
event of a violation of this clause.
Section 5. Each said Fund and each benefit plan adopted by the Trustees shall at all times
conform with the requirements of the Internal Revenue Code so as to enable the Employer at all
times to treat contributions to said Fund as a deduction for income tax purposes.
17
ARTICLE XXIH
Job Stewards
Stewards shall be appointed by the Business Manager/Secretary-Treasurer of District Council 91, or
his designee, in all Shops and on each job where jvork is being performed by out -of -area Contractors.
The Shop Steward shall see that all Employees working have work cards. Stewards have the right to
examine work cards and dues books, or any irregularity that might arise. The Steward shall be the last
person to lose time or be laid -off the job. This is not meant to guarantee forty (40) hours per week to
any one individual; rather, the Employer shall at all times attempt to evenly share work hours among
all employees. In case of temporary shut down of the job, the Steward shall be the first person called
back to work. The Employer shall not discriminate against the Steward for performing his duties in a
reasonable manner without undue loss of production.
ARTICLE XXIiV
Union Rights
Section 1. Employees covered by this Agreement shall have the right to respect any legal primary
picket line validly established by any bona fide labor organization, and the Union party to this
Agreement has the right to withdraw employees covered by this Agreement whenever the Employer
party to the Agreement is involved in a legitimate primary labor dispute with any bona fide labor
organization
Section 2. It shall not be a violation of this Agreement, and it shall not be cause for discharge or
disciplinary action, if any employee refuses to perform any service which his or her Employer
undertakes to perform for an Employer or person whose employees are on strike, and which service,
but for such strike, would be performed by the employees of the Employer or person on strike.
Section 3. Union representatives shall, at all times, have the right to visit and access all job sites that
are subject to this Agreement.
ARTICLE XXV
Preservation of Work
Section 1. To protect and preserve, for the employees covered by this Agreement, all
work they have performed and all work covered by this Agreement, and to prevent any device or
subterfuge to avoid the protection and preservation of such work, it is agreed as follows:
if the Employer performs on -site construction work of the type covered by this Agreement, under its
own name or the name of another, as a corporation, company, partnership, or other business entity,
including a joint venture, wherein the Employer, through its officers, directors, partners, owners, or
stockholders, exercises directly or indirectly (through family members or otherwise), management,
control, or majority ownership, the terms and conditions of this Agreement shall be applicable to all
such work.
Section 2. All charges of violations of Section 1 of this Article shall be considered a dispute and
processed in accordance with the provisions of this Agreement on the handling of grievances and the
18
final and binding resolution of disputes. As a remedy for violations of this Article, the Joint Trade
Board or arbitrator shall be able, at the request of the Union, to require an Employer to pay (1) to
affected employees covered by this Agreement, including registered applicants for employment, the
equivalent of wages those employees have lost because of the violations, and (2) into the affected Joint
Trust Funds to which this Agreement requires contributions, any delinquent contributions that resulted
from the violations. The Joint Trade Board or Arbitrator shall be able also to provide any other
appropriate remedies, whether provided by law or this Agreement. The Union shall enforce a decision
of the Joint Trade Board or Arbitrator under this Article only through arbitral, judicial, or
governmental (for example, National Labor Relations Board) channels.
Section 3. If, after an Employer has violated this Article, the Union and/or the Trustees
of one or more Joint Trust Funds to which this Agreement requires contributions institute legal action
to enforce an award by an Arbitrator or the Joint Trade Board remedying such violation, or defend an
action that seeks to vacate such award, the Employer shall pay any accountants' and/or attorneys' fees
incurred by the Union and/or the Joint Trust Funds, plus costs of the litigation, that have resulted from
such legal action. This Section does not affect other remedies, whether provided by law or this
Agreement that may be available to the Union and/or the Joint Trust Funds.
ARTICLE XXVI
Subcontracting
Section 1. The Employer shall not contract out, subcontract, or outsource work to be done at the site of
the construction, alteration, painting, or repair of a building or structure or other work unless the
.Employer or person who will perform such work is a party to a Collective Bargaining Agreement with
this Union or another Union affiliated with the IUPAT. The employer will use every effort to exercise
the above language.
Section 2. In the event that the Employer shall contract out, subcontract, or outsource any bargaining
unit work, whether or not job site or other work encompassed by Section 1 hereof, the Employer must
notify the Union as to the identity of the contractor or subcontractor to which the work will be assigned
within five days prior to finalizing any agreement with such contractor, subcontractor, or other person.
Section 3. In the event of contracting, subcontracting, or outsourcing of any job site work
encompassed by the provisions set forth in Section 1 hereof, if the Union has provided the Employer
with written notice that a contractor is presently delinquent in making contributions to the Union or
any fringe benefit fund to which contributions are required by this Agreement, and, after being
provided such written notice, the Employer nonetheless enters into or continues a contract for the
performance of any job site work that is covered by this Agreement with such delinquent contractor,
the Employer shall be liable for any unpaid fringe benefit contributions owed by such contractor
because of the performance of such job site (or other) work pursuant to that contract.
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ARTICLE, XXVH
Safety
Section 1. In accordance with the requirements of the Occupational Safety and Health
Act of 1970, it shall be the exclusive responsibility of the Employer to ensure the safety of its
employees and compliance by them with any safety rules contained herein or established by the
Employer. Nothing in this Agreement will make the Union liable to any employees or to any other
persons in the event that work -related disease, sickness, death, injury, or accident occurs. The
Employer will not engage in any litigation against the Union, on a subrogation theory, contribution
theory, or otherwise, so as to obtain a money judgment from it in connection with any work -related
disease, sickness, death, injury, or accident.
Section 2. The Employer shall, at all times, provide safe tools, materials, and equipment
and safe working conditions. 1f at any time, in the opinion of an employee, such tools, materials,
equipment, or working conditions are unsafe and constitute a hazard to health or physical safety, the
employee shall have the right to refuse to work with such tools, materials, or equipment or under such
hazardous conditions unless or until they are made safe. No employee shall be dismissed, disciplined,
or otherwise discriminated against, nor shall his pay be withheld, for refusal to work with such unsafe
tools, materials, or equipment or tender such unsafe or hazardous working conditions.
Section 3. The Employer agrees that during the life of this Agreement, the Employer will comply with
all applicable federal and state laws concerning occupational safety and health, including all applicable
standards, rules, and regulations issued pursuant thereto.
Section 4. The Employer shall provide, at no cost to the employee, all necessary personal protective
equipment and instructions on proper use of such equipment. The Employer shall
provide for the proper maintenance and cleaning of all necessary personal protective equipment. if at
any time, in the opinion of an employee, such personal protective equipment is defective, has not been
properly maintained, or is not the appropriate personal protective equipment under the particular
working conditions, the employee has the right to refuse to -%vork with such equipment. No employee
shall be dismissed, disciplined, or otherwise discriminated against, nor shall his pay be withheld for
refusal to work with such defective, improperly maintained, inappropriate personal protective
equipment. The employee shall immediately report to the Employer such defective, improperly
maintained, or inappropriate personal protective equipment.
Section S. .Except as clearly and specifically required by law or regulation, the Employer shall not
require any employee to sign a form or statement dealing with health and safety, hazards in the
workplace, or instruction and training relating to hazards in the workplace, unless that form or
statement has been reviewed and agreed upon by the Union; provided, however, employees may be
required to execute documents acknowledging that they have received and read an Employer's health
and safety policy.
Section 5. A willfid violation of safety rules by an employee may result in discipline, up to and
including discharge.
20
Section 7. The Employer shall, in writing, promptly report to the Union all accidents and all incidents
involving OSHA and/or MSHA reportable injuries to workers.
ARTICLE XXVIH
Journeyperson Upgrade Training
A program shall be offered by the District Council Training Program for advanced or upgraded
Journeyperson training for all journeypersons working under this agreement. Journeypersons shall be
required to take such courses on his or her own time. All journeymen have to successfully complete
the following training: OSHA 10, OSHA 30, First-Aid/CPR, Boom/Scissor & Scaffolding, Swing
Stage and Hoisting & Rigging. In the instances when a journeyman does not have a particular
certification that is required to perform work on such sites, it will not be the employer's responsibility
to employ that journeyman on that project.
ARTICLE XX]X
Miscellaneous Terms and Conditions
Section 1. Discrimination. The Employer shall not discriminate against any employee on the basis of
race, age, national origin, religion, sex, or any other basis prohibited by applicable lain. In addition,
any employee member of the Union acting in any official capacity shall not be discriminated against
for his or her acts on behalf of the Union, nor shall there be any discrimination against any employee
because of Union membership or activities.
Section 2. LJn'an Right to Verify Compliance is i nato Contractor with Provisions
and Obli ations in this Agreement In addition to any other rights that may be set forth in this
Agreement, or by operation of law, if the Joint Trade board shall upon application by the Union find
probable cause to believe a violation of this Agreement may have occurred or may be occurring, the
Union shall be empowered to engage a certifed public accountant to audit all books and records of the
Employer for the purpose of assuring compliance with the provisions in this Agreement.
Section 3. STARS Pragram.This section only applies to the participating areas. The areas that are not
participating in this program will not receive any benefits or awards from the STARS Program. In an
effort to improve safety awareness, the Employer and the Union have established a safety incentive
,program: that rewards safe work Irabits and the participation in continuing safety education. This
program shall be known as the Painters and Allied Trades STAR Program of DC 91, and shall be
funded by a cents per hour contribution. For each hour, or portion thereof, for which an employee
receives pay, the Employer shall make a contribution of ten cents ($0.10) shall be dedicated to a
separate checking account to fund the Painters and Allied Trades STAR Program of DC 91. The STAR
Committee will regulate all aspects of the STAR Program, including but not limited to, the training
course requirements, qualifying period, employee eligibility, raffle requirements and raffle awards.
Section 4. foreman Pay __ One journeyperson shall be designated as Foreman on every job site with a
crew size of five (5) or more employees. The Foreman shall receive an additional one dollar ($1.00)
21
per ]tour above the base wage rate. In addition, all journeyperson have the right to decline foreman
status without penalty and/or recrimination.
Section S. Emergency Work Emergency work shall be defined to mean any work, the contract for or
order for which, resulted fiiom storms, breakage or other cause which would not be definitely foreseen
before occasion for such work arose. Emergency work shall be performed whenever required by the
Employer outside the regular work week and paid for atone and one half (11/2) times the applicable rate;
with the exception that all Holiday and Sunday work will be paid at double (2) time. Any Employee
called to report to work after the regular working hours during the regular work week shall be paid at
the rate one and one half (11/2) times the applicable rate; for all time spent traveling to the job site or to
the shop, and for all time spent traveling back to the shop (or the equivalent of same). For such
emergency work any employee shall receive not less than two (2) hours' pay.
Section 6. Medical Treatment A job site injury requiring the Employee to leave the job for treatment
shall obligate the Employer to pay that person for the balance of the hours left that day, up to the
maximum eight (8) hours at the appropriate rate of pay.
Section 7. Parking Fees All parking fees will be paid by the Employee; however, the Employer will
reimburse the Employee when presented with a receipt.
Section 8. bate PLiy Check Penally In case of failure by the Employer to get paychecks to any
Employee by the close of the regular payday, the Employer shall pay a penalty of ten percent (10%) of
the total amount due.
Section 9. Vacation/Leave of Absence Employees shall be permitted vacations and leaves of
absence, providing the Employer is notified in ample time and provided dates of such vacations and leaves
of absence shall be mutually agreed upon by both the Employee and the Employer. Any classification of
employees receiving paid vacations and holidays at the time of the signing of this agreement shall not
have those benefits reduced. There will be no recrimination against any employee choosing to take off
any election day.
Section 1 . Wa eW Surygys The Employer agrees to submit construction wage surveys when requested
by the Union, on forms provided by the Union. These forms are to be completed and forwarded to the
Union in a timely manner.
Section 11, Inspection of Cards/Check Stubs The Employer agrees that the authorized Representative
of the Union shall be allowed to examine the time cards and/or check stubs of the employees, The
Representative of the Union shall be allowed to visit all operations where work is being conducted at all
times for the purpose of determining if the provisions of this Agreement and Addendum are met.
Sectiort.I2._ Past fractice . No employee, who is working for the Employer on the effective date of this
Agreement, shall have his present hourly rate or benefits reduced because of the provision(s) of this
Agreement. The Employer agrees that all conditions of employment relating to wages and general
working conditions shall he maintained at not less than the highest minimum standards in effect at the
time of the signing of this Agreement, and the conditions of employment shall be improved wherever
specified in this Agreement and/or Addendum.
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Section 13. Working Standards a) All glazing materials delivered to the job site shall be unloaded and
distributed by members of Glaziers Local Union 1165, b) Employees employed after the regular starting
time are to report to the Employer's shop, or proceed to the job, and if work is completed before the
regular quitting time are to return to the shop and be paid for the intervening time and traveling time. Any
person leaving the job for any reason will notify the Employer prior to quitting time, unless other
arrangements have been made with the Employer. c) No member of Local Union 1165 shall use his
motor vehicle for the purpose of transporting materials to or from shops. Members of Local Union 1165
may use their motor vehicles for the purpose of transporting employer -issued hand power tools to or from
the shop by mutual agreement of both parties. d) INSTALLATION SCHEDULES: Each and every job
shall be adequately manned, and the Glaziers on the site shall determine the number of men required. It is
the Employer's responsibility to authorize the necessary number of men to complete the job. Man power
requirements for setting or installing of panels, glass, plastics, or pre -glazed windows shall be calculated
and shall not exceed 70 lbs. per man. Setting of 7 feet or more front ground to sill on outside set, or from
floor to sill on inside set shall require additional manpower. When a power lift or power equipment is used
it shall be the responsibility of the foreman (lead person) and the employer to adequately man the
equipment and installation of such work in a safe manner to avoid injury or harm to those performing this
type of work. e) TOOLS FURNISHED BY THE EMPLOYER: The Employer agrees that the
Company shall provide all scaffolding, ladders and saw horses needed on any job at the Glazier's request.
Ladders, planks and suction cups are to be in good working order and must meet minimum safety
requirements. All trucks are to be equipped with first aid kits and fire extinguisher. No Employee shall be
required to provide his own power tools or electrical equipment. No Employee shall be held accountable
for any of the Employer's equipment if lost or stolen through no fault of his own, providing reasonable
proof is furnished regarding said occurrence. The Employer further agrees to furnish the following
tools:
Metal Countersinks All Levels
Taps Caulking Guns
Glass Cutters Ram Sets
Drill Bits Extension Cords
Straight Edges Electric Power Tools
Suction Cups Glass Gloves
Screw Gun Tips Specialty Tools for Glazing
Hacksaw Blades Glass Pliers
Miter Box
0 'POOLS FURNISHED BY THE EMPLOYEE: The minimum requirement of tools to be furnished
by each journeyman is as follows:
Screw Drivers -both sets Tool Box
Glaziers Chisels
Putty Knives
Hack Saw
Plastic Hammer
Square
Metal Cutters
Hammer
Channel Locks
Nut Driver
Blade Knife
Ruler
Punch (Metal)
File
Allen Wrenches
23
Dail Set
Set Comb Wrenches
Plumb Bob
Angle Square
Duster
Chalk Line
DEFINITIONS AND TYPES OF CONTRACTORS
SIGNATORY EMPLOYER: Any Employer who is bound by the provisions ofthis Agreement as
evidenced by his signature on an official Memorandum of Agreement and or Master Agreement.
RE E 1,RENCE TO GENDER: The terms such as men, journeymen, he, his, or such, as used in this
Agreement are only for the purpose of clarification and shall not be construed to mean either the male or
female gender.
SECTION 1: A Contractor or Employer is one who, in relation to any Corporation, Company,
Partnership, Firm or other business Entity, is a substantial Owner, Partner, Officer, or in a permanent
policymaking position. He shall not be allowed to work intermittently as a journeyman for another
Employer, while he himself is engaged or recognized as a Contractor or Employer.
SECTION 2: No member of the Union under this Agreement has the right to bid or figure any
work against any signatory Employer. This does not exclude any Estimator of a signatory Employer
from Union membership; this protects signatory Employers from unfair competition.
SECTION 3: All new Employers must appear before the Joint Trade Board of the Local Union
in whose geographical jurisdiction the Employer's principal place of business is located. The Union
may enter into Collective Bargaining Agreements with an out -of -jurisdiction Contractor or Employer,
only if, upon the prior written approval of the 1UPAT General President, the Local Union immediately
notifies in writing that Local Union in whose jurisdiction the Employer's principal place of business is
located that the agreement has been signed and forwards a complete signed copy ofthat agreement,
SECTION 4: Journeymen out of work are allowed to take jobs on their own, but all work must
be reported to the Business Representative.
ARTICLE XXX
Bonding
SECTION 1: In order to secure payment of wages, fringe benefits and deductions payable under this
Agreement and under any other Agreement requiring a similar security arrangement as identified
herein which the Employer or Contractor has with a Local Union affiliated with District Council 91,
each Employer or Contractor upon becoming a signatory contractor to this Agreement shall in one of
the following ways post security with and in the name of District Council 91 of the International Union
of Painters and Allied Trades, AFL-CIO and its affiliated Local Unions:
A. By means of a surety bond in the sum of twenty-five thousand dollars ($25,000)
underwritten by a surety company acceptable to District Council 91. Such a bond shall utilize the form
which is attached to this Agreement, unless the Union otheiivise agrees in writing.
B. By means of a cash deposit in the sum of twenty-five thousand dollars ($25,000) with a
bank or trust company acceptable to District Council 91 provided through an escrow agreement
binding such deposit to the payment ofwages, fringe benefits and deductions, and any later payment
penalties thereto. The Employer or Contractor so depositing such funds shall be entitled to all interest
earned by said deposit. The escrow agreement shall utilize the form which is attached to this
Agreement and shall be with the escrow agent selected by District Council 91, unless the Union
otherwise agrees in writing.
24
C. By means of an irrevocable letter of credit with a value of twenty-five thousand dollars
($25,000) with a bank acceptable to District Council 91 with said letter of credit naming the Union as
benet:iciary. A sight draft shall be drawn on the letter of credit when District Council 91 presents a
written statement to the bank stating the amount of unpaid wages, fringe benefits, deductions and any
late payment fees thereto. The irrevocable letter of credit shall utilize the form which is attached to this
Agreement, unless District Council 91 otherwise agrees in writing.
D. In those cases in which an Employer cannot obtain the required bonding, the escrow
deposit or an irrevocable letter of credit, the contractor may become signatory providing the contractor
signs a Memorandum of Agreement agreeing to pay the fringe benefits weekly for up to 12 months.
During the 12 month period, the contractor must attempt to obtain one of the above bonding options.
SECTION 2: A surety arrangement posted with District Council 91 (and any of its other affiliated
local unions, to the extent that the surety arrangement is "District Council wide") meeting any one of
the above requirements will be acceptable for the collection of unpaid wages, delinquent fringe
benefits and delinquent deductions (and late fees, to the extent permitted by the particular security
arrangement)owed for any work performed under this Agreement provided such surety arrangement
can be minimally applied to the delinquent principal amounts (wages, fringe benefits and deductions)
occurring under this Agreement. Separate or duplicate bonding will not be required when the
Employer or Contractor works in any jurisdiction covered by District Council 91. Separate bonding, or
its equivalent, may be required by an Agreement the Employer or Contractor may have with the
International Union.
Section 6. Workers Compensation Insurance and Alternative -Dispute Resolution Pro
-
rg ams. The Employer agrees, upon execution of and throughout the term of this Agreement and any
extensions thereof, to elect to be bound by the provisions of all State and local Workers Compensation
laws that are applicable to work performed by the Employer. The Employer further agrees to provide
and furnish a Certificate of Insurance covering all liability and obligations under such laws to the
Union and the local Joint Trade Board. If local or state laws permit the establishment of an Alternative
Dispute Resolution Workers' Compensation Program (ADR Program) and where a Finishing
Contractors Association Local Chapter is a party to this Agreement and has lawfully created and/or
established an ADR Program that will provide all required state and local workers' compensation
benefits, the Employer may elect to participate in such ADR Program. Said ADR Program rules or
regulations shall be submitted to the Union for review prior to implementation by the Employer.
ARTICLE XXXI
Flexibility to Modify Agreement to Expand or Recover Work
The terms and conditions of this agreement may be modified to lower the wage and benefit
package or to eliminate or modify provisions of the Agreement by the Business
Manager/Secretary-Treasurer of the Union. This power may be used by the BN1/ST for the
purposes of organizing, recovering market share, maintaining or entering a particular market
segment, and/or for entering into maintenance agreements.
ARTICLE XXXH
"AT and Finishing Contractors Association
Not a Party to the Collective Bargaining Agreement
25
It is understood and agreed by and between the parties to this Agreement that, by approving this
Agreement pursuant to provisions set forth in the IUPAT General Constitution, neither the
International Union of Painters and Allied Trades, AFL-CIO ("International Union") not any of its
officers, agents, employees, or representatives shall, in any manner:
(1) Be made the subject of any duty or liability whatsoever arising from the terms and conditions of
this Agreement;
(2) Be held liable with respect to any claims, causes of action, or liabilities relating to the application
or interpretation of the terms of this Agreement, or the actions of the parties in relation thereto; and
(3) Be construed as parties to this Agreement.
The parties further acknowledge that the International Union shall not, in any .manner, incur any
responsibilities, duties, or liabilities under this Agreement, by contract or by operation of law, that
result from the exercise of the International Union's duty, pursuant to its General Constitution, to
approve this Agreement as to form.
In addition, the parties to this Agreement understand that provisions in this Agreement
may be similar or identical to that contained in a standard "model" collective bargaining agreement for
the industry that has been recommended for consideration by the IUPAT and the Finishing Contractors
Association ("FCA"). The signatory parties to this Agreement agree, acknowledge, and understand that
all language appearing in this Agreement is solely their choice.and, although some language set forth
herein may have been borrowed from the "model" or "form" language provided by the IUPAT, the
FCA, or other persons, neither the IUPAT, the FCA, or such other person is a party to this Agreement
and shall not be made liable to any party or beneficiary of this Agreement by reason of having
provided model or form language to the parties hereto. In establishing a recommended contract form,
neither the International Union of Painters and Allied Trades, nor the Finishing Contractors
Association, has acted as the bargaining representative for any entity that may choose to adopt the
language of this recommended Agreement. Furthermore, neither the International Union of Painters
and Allied Trades, nor the Finishing Contractors Association, shall be deemed to be a party to this, or
any collective bargaining agreement that adopts such recommended language.
ARTICLE X3CKW
Successors
This Agreement, and any supplements or amendments thereto, hereinafter referred to collectively as
"Agreement," shall be binding upon the parties hereto, their successors, administrators, executors and
assigns.
In the event the Employer's business is sold, leased, transferred, or taken over by sale, transfer, lease,
assignment, or receivership proceedings, such business and operation shall continue to be subject to the
terms and conditions of this Agreement for the life thereof.
It is understood by this provision that the parties hereto shall not use any leasing or other transfer
device to a third party to evade this Agreement. The Employer shall give notice of the existence of this
26
Agreement and this provision to any purchaser, transferee, lessee, assignee, etc., of the business and
operation covered by this Agreement or any part thereof. Such notice shall be, in writing with a copy to
the Union, at the time the seller, transferor, or lessor executes a contract or transaction as herein
described. The Union shall also be advised of the exact nature of the transaction, not including
financial details.
In the event the Employer fails to require the purchaser, transferee, or lessee to assume the obligations
of this Agreement, the Employer shall be liable to the Union, and to the employees covered for all
damages sustained as a result of such failure to require assumption of the terms of this Agreement, but
shall not be liable after the purchaser, transferee, or lessee has agreed in writing to assume the
obligations of this Agreement.
ARTICLE XXXIV
Supremacy Clause
The Employer agrees not to enter into any agreement or contract with its employees, individually
or collectively, absent consent by the Union, and any such Agreement shall be null and void.
ARTICLE XXXV
General Savings Clause
If any Article or Section of this Agreement should be held invalid by operation of law or by any
tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section
should be restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement, or the application of such Ailicle or Section to persons or circumstances other than
those as to which it has been held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby.
In the event that any Article or Section is held invalid or enforcement of or compliance
with any Article or Section has been restrained, as above set forth, the affected parties shall meet at the
request of the Union, for the purpose of arriving at a mutually satisfactory replacement for such Article
or Section during the period of invalidity or restraint. If the parties do not agree on a mutually
satisfactory replacement within sixty (60) days after beginning the period of invalidity or restraint,
either party shall be permitted all legal or economic recourse in support of its demands notwithstanding
any provision in this Agreement to the contrary.
ARTICLE XXXVI
Duration Clause
1. This Agreement shall be in full force and effect from August 13t 2018, to and including June
304 2021, and shall continue from year to year thereafter unless written notice of desire to cancel
or terminate the Agreement is served by either party upon the other not less than sixty (60) and
27
not more than ninety (90) days prior to (expiration date}, or (month and day, of expiration or'date} of
any subsequent contract year.
2. Where no such cancellation or termination notice is served and the parties desire to continue
said Agreement, but also desire to negotiate changes or revisions in this Agreement, either party
may serve upon the other a written notice not less than sixty (60) and not more than ninety (90)
days prior to (expiration.cate), or (month and day of expiration or dat) of any subsequent contract
year, advising that such party desires to revise or change terms or conditions of such Agreement.
The respective parties shall be permitted all legal or economic recourse to support their requests
for revisions if the parties fail to agree thereon. Nothing herein shall preclude the parties from
making revisions or changes in this Agreement, by mutual consent, at any time during its term.
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year noted
above.
SIGNED FOR THE INTERNATIONAL UNION
OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 91
BY:
Shawn Solner
Business Manager Seeretary-Treasurer
S-A'5--2�A 5?
Date
SIGNED FOR THE EMPLOYER
(CONTRACTOR. NAME HERE)
BY:
r.� NA R
TITLE``._.
Date
28
PND A[�
a Ph
ONE UNION
AR-O Q
fte
2
r1oND4�
Recognition Agreement
("The
employer") hereby recognizes International lfnion of Painters and Allied Trades District Council
91 as the sole and exclusive bargaining agent, within the meaning of Section 9(a) of the
National Labor Relations Act ("the Act"), of all employees of the Employer covered by the
attached Collective Bargaining Agreement. Such recognition is predicted on the Union's
demand for such recognition pursuant to Section 9(a) of the Act, and on the Union's
presentation of a clear showing that the majority of employees in the bargaining unit are
members of the Union and desire the Union to act as their exclusive representatives within the
meaning of Section 9(a) of the Act. The Employer acknowledges that it has reviewed the
Unions showing and agrees that it reflects the employees' desire to be represented by the
Union under Section 9(a) of the Act.
Accepted and Agreed:
tmpioyer KepresenTauve
Title
1
Date
MEMORANDUM OF AGREEMENT
ONE ONTO IUPAT DISTRICT COUNCIL 91
THI A MT anad�d entered into by and between
(Name of contractor hereinafter referred to as the
Employer and District Council 91,4f€iliated with the International Union of Painters and Allied Trades,
AFL-CIO, hereinafter referred to as the Union. In consideration of the mutual promises of each other, the
parties hereby AGREE as follows:
1. The Employer recognizes the UnionAUPAT DC 91 as the sole and exclusive bargaining
representative for and on behalf of the employees of the Employer now or hereafter employed within the
territorial and occupational jurisdiction of the Union.
2. The parties do hereby adopt the Union's latest Agreement, and all approved Amendments between
the contractor or contractor's association hereinafter referred to as the Employers and District Council 91 of
the International Union of Painters and Allied Trades, AFL-CIO, or their successors, and agree to be bound
by all the terms and conditions thereof for the duration of such Agreement and for the period of any
subsequent extensions, including any amendments which may be subsequently made, and any subsequent
agreements, unless either party serves written notice upon the other at least sixty (60) days and no more than
ninety (90) days prior to the stated expiration date in the Agreement or to any subsequent expiration date of
a desire to terminate this Memorandum of Agreement.
3. The parties agree to be bound by the terms and conditions of any Trust Fund Agreements
identified in aforesaid Agreement and amendments thereof, accepting and ratifying the appointment of the
Employer trustees and their successors for the aforesaid period.
4. This Agreement shall become effective upon the date shown below,
S. The Employer acknowledges the receipt of the Union's latest Agreement and all approved
amendments and the applicable Trust Agreements.
IN WITNE S WHEREOF, t partiq have executed this Memorandum of Agreement and made
effective the / day of 20 f 9.__•
Name_ --
Address �fym lv__1 f
FOR THB UNION
DISTRICT COUNCIL 91
OF THE INTERNATIONAL UNION OF
PAINTERS AND ALLIED TRADES, AFL-
CIO
Signed
print Name Shawn Solner
Phone, ti�i Z! : 4 .................... Title Business Manager
Fax '_ ,/ 17 _
Em all &ntekrnve/G
BIND' r
Band Co.
Worker's Camp Carrier
• DC 911 MOA 612016