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HomeMy WebLinkAboutOpening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 3THE COMMERCIAL AND BUILDING GENERAL COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BY AND BETWEEN THE NWI CONTRACTORS ASSOCIATION INCORPORATED AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA STATE OF INDIANA DISTRICT COUNCIL FOR AND ON BEHALF OF LIUNA LOCAL UNIONS #41 AND #81 EFFECTIVE June 1, 2018 thru May 31, 2023 INDEX ARTICLE PAGE Agreement.........._.— ......... .... ..................... . .................... 1 ICoverage....... ................................................................................ 2 IIForemen ............. ................. ........ ,.....,....... ,,........................................ 8 IIIBargaining Agent...........- .......... ......... .... ....................................... 9 IVUnion Security....................................................................................... 9 VWorking Dues Check -Off ............................................... ...................... 9 VI Equal Employment Opportunity ...................................... ....................... 11 VII Selection of Labor -Employment Regulations ......................................... 11 VIII Welfare Trust Fund ........... . ....... ....... ,...................a , ...,,.,....,.,.,..., 12 IX Construction Workers of Lake County Health Reimbursement Account Trust Fund — LIUNA Locals #41 &#81............................................... 12 X Construction Workers Pension Trust Fund LIUNA Locals #41 & #81... 13 XIAnnuity Fund..................................................................................... 13 XII Training Trust Fund ........... ...... ................. .......__..... . _ .. .......... 14 XIII Voluntary Laborers Political League (LPL) Check -Off ... ....... __... ....... 14 XIVNotification ... ......................................... ........................... ........... ..... 15 XV Pre -Job Conference ................................... ,.. ................... 15 XVI Working Hours and Overtime .........................................___ ........... .... 15 XVIIShift Work.... , ......... ......................................... ........ 18 XVIIISteward.......,, ..................................... ..............,......, ............,,..,.... 19 XIXNon -Violation ...................... ...... _...... .... ,....,................... ..... _.............. 20 XXPay -Day............. ____ ............................. ..................... ........ ........... 21 XXISafety ............ ..................................................................................., 22 XXII Worker's Compensation... — ......................................... .................... 22 XXIII Elimination of Restrictions„ ...................... .,............. ,.,,.,.....,,............. ... 22 XXIV Sub -Contractor ................................... .... ...................... ........ ....... 22 XXV Management Rights .................... ................. ............................ _ ..._ 23 XXVIUniformity.... ......... ___ ..... .... ............. ..... ... .................. ..... 23 XXVII Grievance Procedure ........... ................................................................ 24 XXXIII Most Favorable Terms........................................................................... 25 XXIX General Provisions ..................................................... ......... ...... 26 XXXIndustry Fund ............................................. .................. ....... ,..... — 27 XXXI Schedule of Fringe Benefit Contributions .............................................. 28 XXXII Hourly Wage Rates .... ,....... ...................................... ..,,... .......... 28 XXXIII General Savings Clause ....... ....... ................................. .... ...... ,...... .,,,..... 38 XXXIVBonding .............. .................... ........... .... ....__......... .,... .................... 38 XXXVHealth Care.. . ..... ................ .................... ............... 39 XXXVIBCRC/Drug Testing.............................................................................. 39 XXXVII Notification of Termination Form (Code of Performance) ...................... 41 XXXVIIIEffective Date...,— . .................. ........ .... ......................................... 41 Addendum Notification of Termination Form.......................................................... 43 DIRECTORY — LIUNA Offices............................................................ 44 DIRECTORY — State of Indiana District Council & Affiliated Local Unions 45 DIRECTORY Of Locals by Counties .................................................... 51 THE COMMERCIAL AND BUILDING GENERAL AGREEMENT NEGOTIATED BY AND BETWEEN THE NWI CONTRACTORS ASSOCIATION INCORPORATED AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA STATE OF INDIANA DISTRICT COUNCIL FOR AND IN BEHALF OF LIUNA LOCALS #41 AND #81 June 1, 2018 — May 31, 2023 THIS AGREEMENT is made and entered into this 1 st day of June 2018, by and between the NWI Contractors Association Inc. (hereinafter referred to collectively as the "Association") acting as negotiating agent for and on behalf of certain firms, Party of the First Part. Employers signatory hereto are referred to herein for the purpose of clarity as the "Employer", and Laborers' International Union of North America, State of Indiana District Council, acting for and in behalf of LIUNA Locals #41 and #81 (hereinafter "Union"), Party of the Second Part. It is agreed and understood that the NWI Contractors Association Inc. are not responsible in any manner whatsoever for the administration, implementation and/or performance of this Agreement and that in no event shall it be bound as principal or be held liable as negotiating agent or as principal in any manner for any breach of this contract by any of the Employers signatory hereto. It is further agreed that the liability of the Employers shall be several and not joint and the liability of the Local Unions affiliated with the Laborers' International Union of North America, State of Indiana District Council, shall be several and not joint. No purely vicarious liability shall result to any such Employer or upon the Local Union for wrongful acts of another such Employer or of another such Local Union. It is understood that the Laborers' International Union of North America, State of Indiana District Council, in signing this Agreement for and on behalf of all of its affiliated Local Unions shall not be responsible for violation of this Agreement by the Local Union affiliated with the Laborers' International Union of North America, State of Indiana District Council, unless action by said Local in violation of the Agreement is ordered or ratified by the Laborers' International Union of North America, State of Indiana District Council, or unless the State of Indiana District Council fails to take whatever action may be necessary to prevent the violation. Provided, however, that nothing contained herein shall be construed as relieving the Local Union of the Laborers' International Union of North America, State of Indiana District Council of their full responsibility. 1 ARTICLE I COVERAGE Section 1. Work covered: (a) This Agreement shall cover all work coming within the recognized jurisdiction of the Laborers' International Union of North America as set forth in their Manual of Jurisdiction as amended in October 1961, and by any amendments to this Manual, and as now included in Section 1 of the Jurisdictional Guidelines booklet, adopted by the Laborers' International Union of North America, State of Indiana District Council, on the date of February 26, 1972, and as amended from time to time as mutually agreed upon by both parties. (b) The jurisdiction of work referred to in the wage classification and elsewhere in this Contract is the jurisdiction of work claimed by the Union and nothing contained herein shall make it mandatory for the Employer to accept the claims of jurisdiction as being binding upon him. The Employer does not waive any of his rights by permitting the inclusion of the jurisdiction of work in this Contract. (c) The Parties to this Agreement are subject to and agree to submit any unresolved jurisdictional dispute to International Representatives of all disputing trades and, if a satisfactory or mutual understanding cannot be reached at that time, it will be submitted to whatever Federal Governmental Agency, having the responsibility for the resolution of such dispute. Any interpretation or decision by said Agency shall immediately be accepted and complied with by all Parties bound by this Agreement. The Employer and the Union agree that there will be no work stoppage during the period pending a jurisdictional decision by the above mentioned Federal Agency. (d) This Agreement shall have effect on and cover Construction Laborers working for Employers on the herein mentioned classes of work in the territory covered by this Agreement. This agreement excludes all Industrial Construction, maintenance, repair, replacement, renovation, and modernization work at industrial production facilities and work sites including but not limited to those sites using the National Maintenance Agreement (NMA) the National Power Generation Agreement (NPGMA) or other Industrial PLA's. Laborers jurisdiction of work was originally assigned under charter by the AFL-CIO, traditional performance of work as established over a period of years by many letters of assignment from Employers who are agreeable that Laborers possess the skill and ability to perform such work by award from the National Labor Relations Board and by mergers and amalgamation, it is agreed and understood that Laborers are tenders of all Trades involved in the Construction Industry and the following is the work of the Laborers: 2 1. Digging of all ditches for any purpose, the excavation of all piers, foundations, holes and trenches, including work incidental to the use of hydro -excavation equipment; the lagging, sheeting, cribbing, bracing and propping of all foundations; all work in connection with caissons, cofferdams, including all excavation, drilling, jackhammering, blasting, shooting, scaling. 2. The loading, unloading, handling and distribution of all materials, fixtures, furnishings and appliances from point of delivery to point of installation by any means, hand, machinery, or power rigging. 3. The cleaning and clearing of all debris, including wire brushing of windows, scraping of floors, removal of surplus material from all fixtures and that of all debris in building and total construction area; the general clean-up, such as sweeping, cleaning, wash -down and wiping of construction facilities and furnishings; the loading and removal of all debris, including crates, boxes and waste material; washing of wall interior and exterior; partitions, ceilings, blackboards, windows, bathrooms, kitchens, laboratories, and all fixtures and furnishings therein; the mopping, washing, waxing and polishing and/or dusting of all floors or areas. 4. The tending of all temporary heat when done by any process; the drying of plaster, concrete, mortar or other aggregate when done by salamander heat or any other drying process. 5. The tending of cement masons, brick masons, plasterers, carpenters and other Building Construction Crafts. Tending shall consist of the preparation of all materials and the handling and conveying of materials to the point of erection or installation to be used by mechanics or other Crafts, whether such preparation is by hand or any other process, including power rigging and incidentals thereto. After the material has been prepared or unloaded, tending shall consist of the supplying and conveying of said material and other materials, whether done by hand, shovel, bucket, hod, wheelbarrow or buggy, or other motorized unit used for such purpose. The tending of Carpenters shall consist of the conveying of all materials from point of unloading to the point of installation or erection by any mode or method; the cleaning of all materials, such as pulling of nails, the cleaning and oiling of all forms; the driving of all stakes for bracing of forms, tending the saw man by off bearing the materials, supplying material to the saw and the stacking of the finished product and then transferring said materials to the point of installation on the project. 6. Scaffold erection, the total erection, building and installation, planking, bolting, lining, leveling, bracing and the total dismantling of same; the building, planking, 3 installation and removal of all staging, swinging and hanging scaffolds, Hydromobile scaffold, Morgan, scaffolding, including maintenance thereof for all lathers, plasterers, brick layers, masons and other Construction Trade Crafts; the preparation for foundations or mud sills for all scaffolding, as well as maintenance shall be done by Laborers. 7. Pouring, laying and weather protection (weather protection is defined as handling and fastening or securing concrete blankets, visqueen, burlap or any other equipment for weather protection) of concrete and related work: Concrete, bituminous concrete or aggregates for walls, footings, foundations, floors or for any other construction; mixing, handling, conveying, pouring, vibrating, gunniting and otherwise placing concrete or aggregates, whether done by hand or any other process; wrecking, stripping; dismantling and handling concrete forms and false work; building of centers for fireproofing purposes, firestop installation and other fireproofing materials; operation of motorized wheelbarrows or buggies or machines of similar character, whether run by gas, diesel or electrical power; when concrete or aggregates are conveyed by crane or derrick, or similar methods, the hooking on, signaling, dumping and unhooking the bucket; the placing of concrete or aggregates, whether poured, pumped, gunnited or placed by any other process; the assembly, uncoupling of all connections and parts of, or to equipment used in mixing or conveying concrete, aggregates or mortar, and the cleaning of such equipment, parts and/or connections; all vibrating, grinding, spreading, flowing, puddling, leveling and strike -off concrete or aggregates by floating, rodding or screeding, by hand or mechanical means prior to finishing. Where pre -stressed or precast concrete slabs, walls or sections are used, all loading, unloading, stockpiling, hooking on, signaling, unhooking, setting and barring into place of such slabs, walls, or sections; all mixing, handling, conveying, placing and spreading of grout for any purpose, green cutting of concrete or aggregate in any form by hand, mechanical means, grindstones or air or water. The filling and patching of voids, crevices, etc., to correct defects in concrete caused by leakage, bulging, sagging, etc. The loading, unloading, carrying, distributing and handling of all rods, mesh and materials for use in re-inforcing concrete construction; the hoisting of rods, mesh and other materials, except when a derrick or outrigger operated by other than hand power is used. All work on interior concrete columns, foundations for engine and machinery beds. The stripping of forms, other than panel forms, which are to be re -used in their original form and the stripping of forms on all flat arch work. The moving, cleaning, oiling and carrying of all forms to the next point of erection. 8. The grinding of all concrete surfaces by any mode or method. 9. The drilling of dowels of any and all sizes for the purpose of reinforcing new, existing or additional concrete or like aggregates, by any mode or method, including pneumatic, electric and core drills. 10. The snapping of all wall ties and removal of tie rods; the handling, placing and operation of the nozzle, hoses and pots or hoppers or sandblasting or other abrasive cleaning; the jacking of slip forms and all semi and unskilled work connected therewith. 11. The wrecking or dismantling of buildings and all structures; breaking away roof materials, beams of all kinds, with use of cutting or other wrecking tools as necessary; burning or otherwise cutting all steel structural beams; the breaking away, cleaning and removal of all masonry and wood or metal fixtures for salvage or scrap; all hooking on, unhooking and signaling when materials for salvage or scrap are removed by crane or derrick; all loading and unloading of materials carried away from the site of wrecking; all work in salvage or junk yards in connection with cutting, cleaning, storing, stockpiling or handling of materials; all clean-up, removal of debris, burning, back -filling and landscaping of the site of wrecked structure. 12. The underpinning, lagging, bracing, propping and shoring, raising and moving of all structures, raising of structures by manual or hydraulic jacks or other methods; all work on house moving, shoring and underpinning of structures; loading, signaling, right-of-way clearance along the route of movement; re -setting of structure in new location to include all site clearing, excavation for foundation and concrete work; clean-up and back -filling, landscaping old and new site. 13. The clearing, excavating, filling, back -filling, grading and landscaping of all sites for all purposes and all labor connected therewith, including chainmen, rodmen, checkers, grade markers, etc. 14. Signal men on all construction work defined herein, including traffic control signalmen at construction sites. 15. All Labor work, including skilled and semi -skilled, in connection with the installation, sheeting, trenching, manhole erectors and the digging and back -filling of all ditches, cutting of streets and surfaces and the refinishing of same for sewers, air lines, water lines and conduit lines in free air, tunnel or compressed air projects. 16. The laying of all clay, terra-cotta, ironstone, vitrified concrete, metallic and/or non-metallic pipe, cast iron, fiberglass, orange burg, transite, plastic, etc., or any other type pipe for sanitary and/or storm sewers, forced main sewers, sub -surface drainage projects, filter beds, water lines and conduit lines in streets, roadways, right-of-way easements, building areas, etc., to the building line. 5 17. All the unloading and distribution of all pipe and materials used in the performance of work as set forth above. 18. All the service connections of pipe from main sewers or water lines to the building line. 19. The laying of pipe and making of all connections and/or joints on any and all types of pipe for water, sewer and/or any other uses, including laser alignment. 20. The cutting of streets and right-of-ways for laying of pipes, cables and/or conduits for all purposes; digging of trenches and manholes, etc.; handling and conveying of all materials; concreting, back -filling, grading and resurfacing and all other labor connected therewith; clearing and site preparation as defined herein; cutting or jackhammering of streets, roads, sidewalks or aprons by hand or the use of air or other tools; digging of trenches, ditches and manholes and the leveling, grading and other preparation prior to laying pipe or conduit for any purpose; loading, unloading, sorting, stockpiling, wrapping, coating, treating, handling and distribution of water mains and all pipe, including the placing, setting and removal of skids, cribbing, driving of sheet piling, lagging and shoring of all ditches, trenches and manholes, handling, mixing or pouring of concrete and the handling and placing of other materials for saddles, beds or foundations for the protection of pipes, wires, conduits, etc.; back -filling and compacting of all ditches, resurfacing of roads, streets, etc., and/or restoration of lawns and landscaping; unloading, handling, distribution, the assembly in place, bolting and lining up of sectional metal or other pipe including corrugated pipe; laying of lateral sewer pipe from main sewer to building; laying, leveling and making of the joint of all multi -cell conduit or multi -purpose pipe; cutting of holes in walls, footings, piers and/or other obstructions for the passage of pipe or conduit for any purpose and the pouring of concrete to secure said holes; digging under streets, roadways, aprons or other paved surfaces for the passage of pipe, by hand, earth auger or any other method and manual and hydraulic jacking of pipe under said surfaces; installation of septic tanks, cesspools and drain fields; all work in connection with shafts, tunnels, subways and sewers; construction of sewers, shafts, tunnels, subways and caissons. 21. The setting of all man -holes such as pre -cast poured in place block, brick, setting of all cast iron catch basins and manholes and all work in connection thereto. 22. In compressed air, all work underground or in compression chambers, including tending of the outer aid lock; all work in compressed air construction, including but not limited to, groutmen, trackmen, blasters, shield drivers, miners, brakemen, miners' helpers, lock tenders, mulching machine operators, motor men, gauge tenders, rodmen, compressed air electricians, setting of liner plate and ring sets, drill runners, powdermen 0 or blasters, air hoist operators, form men, concrete blower operators, cement operators, power knife operators, erector operators, steel setters, cage tenders, skinners, track layers, dumpmen, diamond drillers, timbermen and re-timbermen, cherry pickmen, nippers, chuck -tenders and cable tenders, vibratormen, jet gunmen, gunnite nozzlemen, gunmen, reboundmen and all other work connected therewith. 23. Railroad Track Work: Right-of-way clearing, excavation, grading and sub - grading, ballasting and compacting of right-of-way; loading, unloading, stockpiling, handling and distribution of track and ties and placing of or jacking track and ties at point of installation; all burning or otherwise cutting of track; setting of tie plates, bolting, leveling and gauging of rails and all spiking, whether by hand or mechanical means, placing and tamping of ballast by hand or mechanical means; construction and/or relocation of mainlines, shoe flys, sidings, gradings, crossings, relocating of pipes and drainage and culverts. 24. Asbestos Removal/Lead Base Paint Removal, Lead Awareness, Hazardous Waste Removal and Infection Control Risk Assessment: All work in regards to the dismantling, wrecking, clean-up, dilution process, loading, transporting, operation of monitoring equipment, etc. 25. Fire Prevention and Control: Shall include but not be limited to the watching for and prevention of fires (with a fire hose or fire extinguisher or other means) when there is welding, burning, grinding, etc., being performed in an area where combustible materials are present. Upon request of the Contractor, these Employees shall have completed the Laborers Training Course in Fire Prevention and Control. 26. Sinking of wellpoints, installation of dewatering header systems. 27. Bobcats, Skidsteer Loaders, forklifts and lulls, including those machines equipped with small jackhammers (special breakers) may be assigned Laborers for the following work: (a) building demolition work (inside the structure). (b) minor excavation such as curb tear out and replacement. (c) incidental use throughout the project Section 2. Jurisdictional Disputes: a) The Employer agrees to respect the jurisdiction of the Union and shall not make a written or a permanent assignment of work to other Trades without first affording Parties to the disputed work an opportunity to present evidence substantiating their claims. The Employer does not waive any of his rights by permitting the inclusion of jurisdiction of 7 work in this Contract. Furthermore, no Business Manager has the authority to enter into a written agreement with another Trade in regards to work jurisdiction. b) It is agreed that there shall not be any work stoppages over jurisdictional disputes with any Craft or Crafts employed on any project. Should jurisdictional disputes or differences arise with other Parties which endanger the continuous progress of a project which cannot be settled at the local level, the Employer shall make a written work assignment in accordance with Area practice related to the specific project only and work shall continue in accordance with the assignment by the Employer until representatives of the International Union of all disputing Trades meet and bring about, or cause to bring about, a satisfactory or mutual understanding with the Employer. c) It is agreed and understood that the Union will make every effort to inform its membership that there is a legally established neutral entrance or gate on a construction site that is being picketed illegally and where work is being performed under the conditions of this Agreement. The above does in no way waive any of the Employee's rights granted him under the Constitution of the United States and/or Federal Government. ARTICLE II FOREMEN Section 1. All Labor Foremen and Hod Carrier Foremen are included in the bargaining unit. The Foreman shall be selected by the Employer and take directions from same. Section 2. When five (5) or more Laborers, or five (5) or more Hod Carriers are employed on any one project, a Foreman will be employed. Said Foreman may perform manual labor but he shall receive the Foreman rate as stipulated herein. Section 3. When there are three (3) or more Foremen on a project, one (1) shall be assigned as General Foreman. Section 4. In no case shall a Foreman have the authority to hire or discharge Employees. All hiring and discharging will be done either by the Superintendent of the Party of the First Part, or by the Party of the First Part. Section 5. At no time shall one Foreman have more than fifteen (15) Laborers or Hod Carriers under his leadership. The principal duties of a Labor Foreman with fifteen (15) Employees is to supervise and direct the work force. ARTICLE III BARGAINING AGENT Section 1. The NWI Contractors Association Incorporated recognizes the Laborers' International Union of North America, State of Indiana District Council, as the sole and exclusive multi -union Collective Bargaining Representative for all Employees in the Unit, consisting of Construction Laborers, who are employed by the Employer on all work and classifications set forth in this Agreement. Section 2. The State of Indiana District Council and its affiliated Local Unions #41 and #81 likewise recognizes the NWI Contractors Association Incorporated as the sole and exclusive Collective Bargaining Representative for all Employers for all work set forth in Article I for the area outlined in this Agreement. ARTICLE IV UNION SECURITY Section 1. The Contractor, or Employer, recognizes and acknowledges that the Laborers' International Union of North America, State of Indiana District Council for and on behalf of Local Union #41 and Local Union #81 is the sole representative of all Employees in the classification of all work under its jurisdiction covered by this Agreement, for the purpose of collective bargaining. Section 2. In the event that said statute Indiana Public Law No. 2.2012,HE.A. 1001 which is codified at Indiana Code 22-6-6, et seq is null and void, such provisions shall be restored to the contract automatically, retroactive to the date of the statute's nullification. ARTICLE V WORKING DUES CHECK -OFF Section 1. Each Employer signatory to this Agreement agrees to deduct from the pay of Employees covered by this Agreement regular and uniform Working Dues, in the amount designated by the Union, provided, before any such deduction is made, the Union shall secure and furnish to the Employer a properly signed Authorization form from each Employee permitting such deductions. Such deductions shall be remitted by the loth of each month, following the end of the month for which deductions are made, to the designated depository at the same time and accompanying Health & Welfare, Pension and Training contributions submitted electronically or by separate check and report of gross 0 wages. The designated depository shall be called the State of Indiana District Council of Laborers Working Dues Fund. Section 2. The Authorization and Assignment of Working Dues shall be irrevocable for the period of one (1) year or until the termination of this Collective Bargaining Agreement, whichever period is less, unless written notice is given by the Employee to the Employer and to the Union, not more than sixty (60) days and not less than thirty (30) days before any periodic renewal date. In case no such notice is given, the Authorization shall continue in effect from year to year until such notice is given. Section 3. Violation of the Dues Check -Off Clause of this Agreement is specifically exempted from the application of the grievance and arbitration procedure. (If the Employer violates the provisions of the dues check -off clause of this Agreement, the Union, without violation of this Agreement, shall be permitted to strike the Employer to remedy such violation, provided, the Employer is given a certified written notice by the Union of its violation and is further allowed a period of fifteen (15) days to remedy said violation). Section 4. The Employer, or his authorized representative, shall notify the Local Union of the Party of the Second Part of all Employees given employment covered by this Agreement, by submitting on the first fringe benefit report after hire in, in order that the Union may obtain the required and necessary information from the aforesaid individuals to properly register them in the Working Dues Check -Off. Section 5. Check -Off. The Employer agrees to honor, upon presentation by the Union, all assignments from initiation fees, membership dues, readmission fees, and working dues, which have been properly signed by an Employee on a form furnished by the Union, to deduct the amount stated therein from the wages earned by the Employee and to pay the amount so deducted to the respective Local Union, provided, however, that this Section shall apply only to those assignments which are irrevocable for one year or until this Agreement expires, whichever occurs sooner, and to those assignments which, in addition, provide that they shall automatically renew themselves for successive yearly or applicable contract periods thereafter, whichever is less, and which further provide that the Employee may revoke said assignments by giving written notice thereof to the Employer and the Union at least thirty (30) days and not more than sixty (60) days before any periodic renewal date (See Appendix B). Section 6. The Union shall defend, indemnify, and hold the Employer harmless against any and all claims, demands, lawsuits or other forms of liability that may arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any such Employee's written authorizations. The provisions of this Article shall be interpreted in a fashion consistent with applicable federal and state laws. 10 ARTICLE VI EQUAL EMPLOYMENT OPPORTUNITY Section 1. As used in this document, the terms "he", "his", or similar masculine pronouns shall be construed to include the feminine alternatives of such pronouns. Such terms are used solely for grammatical purposes and shall not be construed to limit this contract or its application on the basis of sex, race, national origin or any other classifications. Section 2. The Employer will not discriminate in hiring of Employees and will conform to laws with respect to hiring. Section 3. It is a condition of this Agreement, agreed to by both the Union and the Employer, to provide equal opportunity in employment for all qualified persons and to prohibit unlawful discrimination in employment because of race, religion, age, sex, disabilities, veteran status, color or national origin. There shall be full compliance with all applicable Federal and State statutes, regulations, rules and orders of appropriate Federal or State agencies having jurisdiction over the subject matter of discrimination in employment. Section 4. The Union and the Employer shall fully comply with all the requirements contained in Executive Orders and will comply with all rulings promulgated by the Committee on Equal Opportunity established thereunder. The Union agrees to furnish the Employer at his request any statement or data required by any Executive Order. ARTICLE VII SELECTION OF LABOR -EMPLOYMENT REGULATIONS Section 1. (a) In employment, no applicant shall be discriminated against for membership or non -membership in the Union. When the Employer has requested the Union to furnish Employees for a job, such Employees shall be referred by the Union on a non- discriminatory basis along with the union referral rules that all fully comply with all applicable federal and state laws. (b) The Employer retains the right to reject any applicant whether furnished by the Union or not, and further the Employer shall have the right to determine the competency and qualifications of his Employees and the right to discharge for just cause. 11 (c) The Employer may call the Union for an individual by name, provided he is not employed by another Employer. Under such circumstances the Union shall refer such individual. Section 2. Documentation and Verification — The Employer and the Union will work cooperatively to assure that both Parties comply with their legal responsibilities under the Immigration and Reform and Control Act of 1986. In so doing, the Union will request from each Employee before referring them to an Employer, documentation which establishes citizenship or other legal status to work in the United States. These documents shall be any of the documents which are allowed under the regulations promulgated under IRCA. This section may be amended mutually when regulations are finalized on these requirements. Section 3. The Union will send no Employee to the Employer who they know does not comply with the Residency Requirements of the Immigration and Reform Act. ARTICLE VIII WELFARE TRUST FUND Section 1. On work covered by this Agreement, the Employer agrees to pay into the Indiana Laborers Welfare Fund the amount in cents per hour as shown in Article XXXI. Payment shall be made on the dates, in the manner, form and in accordance with the rules and regulations as adopted by the Trustees of the herein mentioned Welfare Fund. The Employer may submit funds electronically. Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust, entered into and dated May 25, 1953, establishing the Indiana State District Council of Laborers and Hod Carriers Welfare Fund and Participating Employers and by any amendments to said Trust Agreement. Section 3. The Welfare Trust Fund shall be administered in accordance with all provisions of applicable law. ARTICLE IX CONSTRUCTION WORKERS OF LAKE COUNTY HEALTH REIMBURSEMENT ACCOUNT TRUST FUND, LIUNA LOCALS #41 & #81 Section 1. On work covered by this Agreement, the Employer agrees to pay into the Construction Workers of Lake County Health Reimbursement Account Trust Fund the amount in cents per hour as shown in Article XXXI. Payment shall be made on the dates, 12 in the manner, form and in accordance with the rules and regulations as adopted by the Trustees of the herein mentioned Construction Workers of Lake County Health Reimbursement Account Trust Fund. The Employer may submit funds electronically Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust entered into and dated June 1, 2015, establishing the Construction Workers of Lake County Health Reimbursement Account Trust Fund and by any amendments to said Trust Agreement. Section 3. The Construction Workers of Lake County Health Reimbursement Account Trust Fund shall be administered in accordance with all provisions of applicable law. ARTICLE X CONSTRUCTION WORKERS PENSION TRUST FUND LIUNA LOCALS #41 & #81 Section 1. On work covered by this Agreement, the Employer agrees to pay into the Construction Workers Pension Trust Fund the amount in cents per hour as shown in Article XXXI. Payment shall be made on the dates, in the manner, form and in accordance with the rules and regulations as adopted by the Trustees of the herein mentioned Pension Trust Fund. The Employer may submit funds electronically. Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust entered into and dated June 1, 1960, establishing the Construction Workers Pension Trust Fund and Participating Employers and by any amendments to said Trust Agreement. Section 3. The Pension Trust Fund shall be administered in accordance with all provisions of applicable law. ARTICLE XI ANNUITY FUND The undersigned Employer agrees to be bound by the Central Laborers' Annuity Fund's Agreement and Declaration of Trust, as amended, as though the Employer had actually signed the same. The undersigned Employer understands, accepts and acknowledges that the Trustees of the Annuity Fund have the right to make reasonable Rules and Regulations relating to the administration of the Fund (including, but not limited to, rules related to the payment of contributions and the Fund's rights and remedies to collect delinquent 13 contributions). The undersigned Employer agrees to accept Annuity Fund's Rules and Regulations, as amended from time to time. ARTICLE XII TRAINING TRUST FUND Section 1. On work covered by this Agreement, the Employer agrees to pay into the Indiana Laborers Training Trust Fund the amount in cents per hour as shown in Article XXXI. Payment shall be made on the dates, in the manner, form and in accordance with the rules and regulations as adopted by the Trustees of the herein mentioned Training Trust Fund. The Employer may submit funds electronically. Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust entered into and dated April 1, 1968, establishing the Indiana Laborers Training Trust Fund and Participating Employers and by any amendments to said Trust Agreement. Section 3. The Indiana Laborers Training Trust Fund shall be administered in accordance with all provisions of applicable law. ARTICLE XIII VOLUNTARY LABORERS POLITICAL LEAGUE (LPL) CHECK -OFF Section 1. The Employer may deduct and transmit to the Laborers Local #41 Political Fund and/or Laborers Local #81 Political Fund $.05 for each hour worked from the wages of those Employees who have voluntarily authorized Laborers Political League (LPL) contributions or the amount normally deducted in each applicable Local Union or District Council Agreement. The Employer shall retain two percent (2%) of the proceeds of the LPL check -off to cover its reasonable administrative expenses in administering the check- off. Transmittals shall occur monthly, and shall be accompanied by an indication on the benefit reporting form of those Employees for whom such deductions have been made, and the amount deducted for each such Employee. Section 2. The Laborers International Union of North America Locals #41 and #81 agree to indemnify and hold harmless the Employer from any and all claims, actions and/or proceedings arising out of said Laborers Political League. 14 ARTICLE XIV NOTIFICATION Section 1. The Employer or his authorized representative shall contact the Local Union of the Party of the Second Part for all hires covered by this Agreement before placing them on the Employer's payroll. In the event an Employer signatory hereto violates this Article, the Union shall have the right to file a grievance. ARTICLE XV PRE -JOB CONFERENCE Section 1. Upon written notice or e-mail request by either Party, a pre job conference will be held five (5) working days prior to the time the Employees of such Employer begin work, for all projects executed per the terms of this agreement with a total project value of $250,000 or greater. For projects executed per the terms of this agreement with a total project value of $100,000 to $249,999.99, the contractor will notify the union via e-mail five (5) working days prior to mobilization. Section 2. If either Party refuses to honor the request for a pre job conference within five (5) working days from receipt of requested pre job conference or does not abide by a previously agreed and signed pre job conference or in the event a pre job is not mutually agreed to and signed by both Parties upon request, the Local Union has the right to picket, strike and/or withhold Employees and/or levy a $500 fine. However, no picketing, striking, withdrawal or withholding of Employees will occur until the State of Indiana District Council has had an opportunity to investigate said violation. Section 3. Likewise, it shall not be in violation of this Agreement for an Employer to commence work without such requested pre job conference, if the Union fails to meet for a pre job conference on a date prior to that scheduled by the Employer for the commencement of work. ARTICLE XVI WORKING HOURS AND OVERTIME Section 1. Work Week/Work Day, (a) The regular work week shall be a forty (40) hour week, Monday a.m. through Friday p.m. The project starting time shall be established in the pre job conference 15 (Article XV). Once established, the project starting time shall not be changed without mutual consent of both parties. (b) If an Employee is required to start work prior to the regular starting time established in the pre job conference, said Employee shall receive one and one-half (1 1/2) times the regular rate of pay for each hour worked prior to the regular starting time. (c) At the pre job conference, the Contractor shall be entitled to elect working his Employees under one of two options. 1. On the basis of five (5) consecutive work days, Monday through Friday, eight (8) hours per day, or; 2. On the basis of four (4) consecutive work days, Monday through Thursday, ten (10) hours per day. (d) The option selected during the pre job conference must be mutually agreed to and may be changed only by the Contractor giving notification to the Union five (5) days in advance of such change. (e) If the Contractor elects Option 1, all hours worked by the Employee in excess of eight (8) hours in any one day (exclusive of lunch period) or over forty (40) hours in one work week (Monday through Friday) shall be paid at the rate of one and one half (1 1/2) times the regular rate of pay. (f) If the Contractor elects option 2, all hours worked by the Employee in excess of ten (10) hours in any one day (exclusive of lunch period) or over forty (40) hours in any one work week (Monday through Thursday) shall be paid at the rate of one and one-half (1 1/2) times the regular rate of pay. Section 2. Mason Tenders — It is agreed and understood that Mason Tenders who start work before the established project starting time will be paid one and one-half (1 1/2) times the regular rate of pay for those early hours. Section 3. Sundays and Holidays: a) Work performed on Sundays and Holidays will be paid at double (2x) the regular rate of pay. Holidays recognized by this Agreement are New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. (No work shall be performed on Labor Day except to save life or property). On a jobsite where another craft employed by the same contractor has the day after Thanksgiving, the Laborers will be granted the same Holiday. [G Section 4. Reporting to Work: OPTION 1. Five (5) eight (8) hour days: (a) The Employer will not be obligated to pay any Laborer appearing for work if failure to go to work is due to inclement weather, Acts of God, vandalism, or a work stoppage by another craft. Otherwise, two (2) hours of pay at the regular rate will be allowed for two (2) hours time for reporting to work, provided the Laborer remains at the jobsite to perform whatever work may be assigned to him. (b) If an Employee actually starts to work, he shall receive four (4) hours pay, except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. (c) If an Employee works for longer than four (4) hours, he shall be paid for eight (8) hours, except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. PION 2. Four (4) ten (10) hour days: (a) The Employer will not be obligated to pay any Laborer appearing for work if failure to go to work is due to inclement weather, Acts of God, vandalism, or a work stoppage by another craft. Otherwise, two (2) hours of pay at the regular rate will be allowed for two (2) hours' time for reporting to work, provided the Laborer remains at the jobsite to perform whatever work may be assigned to him. (b) If an Employee actually starts to work, he shall receive five (5) hours pay, except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. (c) If an Employee works for longer than five (5) hours, he shall be paid for ten (10) hours, except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. (d) On overtime work, under Option 1 or Option 2, if an Employee reports to work, he shall receive two (2) hours pay at the regular rate of pay, except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. (e) On overtime work, under Option 1 or Option 2, if an Employee starts to work, he shall receive four (4) hours of premium pay or the actual hours worked times the premium rate of pay (whichever is greater) except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by another craft. 17 (f) It is understood that, consistent with this Section, the Employee will not be docked for time lost due to breakdowns of machinery or while waiting for materials. Section 5. Clothing and Equipment — The Employer will furnish special wearing apparel such as rain hats, coats and boots to protect the Employee when working in inclement weather or adverse conditions. The Employer will also furnish safety equipment such as safety hats, safety goggles, respirators and protective masks and slip -over boots for all Employees working in concrete. The Employer will furnish safety or steel toe footwear and metatarsal footwear when required as PPE by the owner to the Employee. It is agreed and understood that the Employer will be permitted to charge any Employee for such wearing apparel and safety equipment should the Employee fail to return any item issued to him. Any Employee required to work in hazardous environments will be provided all equipment that is required, including gloves. Section 6. Lunch: a) A lunch period of thirty (30) minutes will be established between the three and one-half (3 1/2) and the four and one-half (4 1/2) hour of the regular work day. The Employer will provide a suitable and sanitary place to eat. b) When an Employee is required to take his lunch period after the four and one- half (4 1/2) hour, said Employee will be paid at one and one-half (1 1/2) times the regular rate of pay for the thirty (30) minute lunch period and shall be allowed a fifteen (15) minute lunch period at his regular rate of pay. c) After ten (10) hours of work, the Employees will be granted a twenty (20) minute paid lunch period. When Employees are required to work through this second lunch period, they will be paid an additional twenty (20) minutes at the applicable overtime rate of pay. This second lunch period will be taken consistent with the other trades, when feasible. d) A paid fifteen (15) minute break shall be allowed for all Employees covered by this Agreement between the 2nd and 3rd hour of the regular work day, unless the Employees are pouring concrete or work being performed to save life or property. ARTICLE XVII SHIFT WORK Section 1. The Employer may elect to work not in excess of three (3) shifts. No work shall be considered shift work under this Article unless two (2) or more shifts are worked 18 for a period of three (3) consecutive days, except when the period required is broken by Sundays, Holidays, an Act of God, inclement weather or strike. If the shift is broken before such three (3) consecutive days, the applicable overtime rate will apply. Section 2. When shifts are required, the first shift shall work eight (8) hours at the regular straight time rate. The second shift shall work seven and one-half (7 1/2) hours and receive eight (8) hours pay at the regular straight time rate and eight (8) hours fringe benefits. The third shift shall work seven (7) hours and receive eight (8) hours pay at the regular straight time rate and eight (8) hours fringe benefits. When two (2) ten (10) or twelve (12) hour shifts are required, the first shift shall work eight (8) hours at the regular rate of pay with all hours thereafter paid at the applicable overtime rate except on Saturday, Sunday or any Holiday recognized in this Agreement which will be paid in accordance with Section 3 of this Article. The second shift shall work nine and one-half hours (9.5) for ten (10) hours pay and fringes as described above or eleven and one-half (11.5) hours for twelve (12) hours pay and fringes as described above with all hours in excess of eight (8) hours being paid at the applicable overtime rate. Section 3. When Employees are required to work overtime on the First Shift, they shall be paid the established overtime rate of pay for all hours worked in excess of eight (8) hours on any one (1) shift. Section 4. When Employees are required to work overtime on the Second Shift, they shall be paid the established overtime rate of pay for all hours worked in excess of seven and one-half (7 1/2) hours. Fringes shall be paid on all hours worked. Section 5. When Employees are required to work overtime on the Third Shift, they shall be paid the established overtime rate of pay for all hours worked in excess of seven (7) hours. Fringes shall be paid on all hours worked. Section 6. When an Employee is required to work overtime, the Employer will be obligated to continue paying the applicable overtime rate until the Employee has had an eight (8) hour break. ARTICLE XVIII STEWARD Section 1. When the Business Manager or his designated representative deems it advisable, he may, upon written notice to the Employer, appoint from the Employer's existing work force a Steward or Stewards on any given project. In the event an Employer is performing work on a project covered by this Agreement without the employment of any Local #41 or Local #81 members, the Union shall have the right to appoint a steward 19 from the respective Local Union to be employed. This is not to be interpreted that Local #41 or #81 is only entitled to one member on the project. All Stewards will have Union training, or will be afforded the opportunity to receive the Stewards training during non - work hours, provided they are willing to be trained. Said Steward is to be recognized by the Employer and he shall have the right to act on any grievance without discrimination. Said Steward shall be a working Employee and shall be retained on any given project as long as, or when any Employee covered by this Agreement is employed on the project by the Employer, in accordance with Article VII, Section 1 (b). Section 2. In case the Steward cannot settle any dispute or grievance, the Business Manager shall be notified to take up with the Party of the First Part said grievance. For all purposes of this Agreement, it is understood that the duties of the Steward are limited to: (a) To insist that the provisions of this Agreement be complied with by the First and Second Parties. (b) To report to the Business Manager any question that he cannot settle with the Party of the First Part. (c) To report unsafe conditions to the Job Superintendent. Section 3. When the Employer starts a special crew or 2nd or 3rd shift crews, he will not be compelled to use the same Steward on the special or shift work as on the regular work. When overtime or weekend work is required, the Steward will have the first opportunity to work unless the Employer needs an Employee who possesses a certain skill the Steward cannot perform. In the event of an emergency, the Employer may determine the most qualified Employee called. In this case, the Steward will be the second person called. Section 4. In the event of a general lay-off by the Employer for any reason, the Steward shall be the first Employee recalled, unless the Employer needs an Employee who possesses specific skills that a Steward cannot perform. In that event, the Employer may recall another Employee and the Steward will be the second man recalled. ARTICLE XIX NON -VIOLATION Section 1. It shall not be a violation of this Agreement, if an Employee or Employees cease work because of: 20 (a) Dispute arising out of the failure of the individual Employer to meet the payroll for Employees covered by this Agreement. (b) Dispute because a payroll check is dishonored. (c) Non-payment of contributions set forth under Article VIII, Article IX, Article X, Article XI and Article XII, covering the Trust Funds under the respective Articles mentioned herein and Article V covering Working Dues deductions and as in the manner and accordance as prescribed herein, provided the Employer is sixty (60) days delinquent. (d) Failure of an individual Employer to comply with the terms and provisions of Article XV of this Agreement, covering Pre -Job Conferences. ARTICLE XX PAY-DAY Section 1. The Employer shall pay Employees weekly and the payment shall be in full for the payroll period and shall be in cash or by check. If payment is not received on the regular scheduled payday by the Employee or Employees there will be a 4 hour per day penalty for every workday the Employee or Employees have to wait for their pay that was due on that regular scheduled pay day. In the event Employees covered by this Agreement are laid off permanently or discharged, they shall be paid immediately. It is strictly understood and agreed that, should any Employee discharged or laid off permanently be required to report the next morning to collect his pay he shall receive four (4) hours show up pay for reporting for his pay for each subsequent morning on which he returns until paid. Employees who quit voluntarily shall be paid at the next regular pay day. However, when Employees are laid off or discharged between the hours of 6:00 p.m. Friday through 8:00 a.m. on Monday because of unscheduled or emergency requirements, the Employee will be paid by 11:00 a.m. Monday, unless special arrangements are made with the Employer. This will in no way supercede the Employer's requirement to pay the regular scheduled payday or lay-off as outlined above. Section 2. Each weekly pay shall be accompanied by a statement listing the name of the Employee and Employer, the date, the number of hours worked, both straight and overtime, the monies deducted and for what purpose said deductions were made. 21 ARTICLE XXI SAFETY Section 1. The Employer agrees to provide safe working conditions and practices as set forth in current Safety Standards for the Construction Industry. Section 2. It is agreed that all Employees covered by this Agreement shall fully comply with all safety directives issued by the Employer and shall properly utilize all safety equipment provided by the Employer when so directed. Failure to comply with these provisions may be cause for discharge. Furthermore, it is agreed and understood that the Employee shall retain the right to refuse to work under conditions considered to be hazardous or unsafe. ARTICLE XXII WORKER'S COMPENSATION Section 1. The Employer agrees to ensure that all Worker's Compensation claims will be filed in the most timely and expeditious manner and in any event not later than seven (7) days following the illness or injury. Upon request, the Employer agrees to provide the Employee and/or the Local Union involved the name and address of the Employer's insurance carrier. ARTICLE XXIII ELIMINATION OF RESTRICTIONS Section 1. No rules, customs or practices shall be permitted that limit production or increase the time required to do any work. There shall be no limitation or restriction of the use of machinery, tools, or other labor-saving devices, except that no shovel larger than a No. 2 shall be used other than on snow and light weight materials. ARTICLE XIV SUB -CONTRACTOR Section 1. The Employer shall not contract any work covered by this Agreement to be done at the site of construction, alterations, repairs or any new construction to any person, firm or company that does not have an existing labor agreement or will not sign an agreement with the Union covering such work within the scope of this Agreement. 22 Provisions of this Sub -Contracting Clause shall be suspended for the following conditions on a project: 1. A signatory contractor acting in the capacity of a CMc who is complying with applicable legal public works and responsible bidder contract bidding and award requirements required by House enrolled ACT 1196. Furthermore, the CMc shall have no liability under this Article. Section 2. This Agreement shall also apply to any work covered by this Agreement that is performed by a joint venture in which the Employer has an ownership interest and the Employer agrees on behalf of any such joint venture in which the Employer has an ownership interest that the joint venture will comply with the requirements of this Article. ARTICLE XXV MANAGEMENT RIGHTS Section 1. The Employer retains and shall exercise full and exclusive authority and responsibility for the management of its operations, except as expressly limited by the terms of this Agreement. ARTICLE XXVI UNIFORMITY In the event that any other employer or employer group reaches an agreement with the Laborers International Union of North America, State of Indiana District Council covering in any part the same work as this Agreement, that is in the opinion of the Association in any respect more favorable than a term of this Agreement, then said term shall be a part of this Agreement as of the effective date of the more favorable provision. The Laborers International Union of North America, State of Indiana District Council shall notify the Association, by certified mail, return receipt requested, within seven (7) calendar days of entering into any agreement with any other employer or employer group covering any part of the same work as is covered by this Agreement, and shall provide the Association with a copy of any other labor agreement now or hereafter negotiated with anyone else covering in any part the same work as this Agreement but containing any different terms or conditions. Within seven (7) calendar days of entering into an "Assent of Participation", "Memorandum of Agreement", or other similar agreement, the Laborers International Union of North America, State of Indiana District Council will notify by certified mail, return receipt requested, and provide the name and address of any employer or employer 23 group who signs any such "Assent of Participation", Memorandum of Agreement", or similar agreement or who otherwise becomes bound to an agreement containing the same terms and conditions as this Agreement. Nothing in this Article applies to agreements entered into by Laborers International Union of North America, State of Indiana District Council and any other employer that are more favorable only by force of law. ARTICLE XXVII GRIEVANCE PROCEDURE Section 1. (a) There shall be no stoppage of work on account of any difference of opinion, or dispute which may arise between the Parties of the First Part and Second Part. It is agreed by the Parties that all grievances, disputes, or claims, which may arise with respect to the enforcement or interpretation of any of the terms of this agreement are to be resolved in the following manner: All grievances, disputes, or claims which may arise between Employers signatory to this Agreement or Employees who have accepted this Agreement and thus become parties hereto shall be resolved in the following manner: (1) The dispute shall first be discussed by the Job Steward or other Union Representative and the Employer's Foreman and/or Superintendent. (2) If the grievance is not resolved, then the dispute shall be referred to the Business Representative of the Union and the Employer's Representative. (3) In the event said dispute has not been resolved, the State of Indiana District Council, through its Representative, shall meet with the Employer's Representative, in an attempt to resolve said dispute. (4) In the event that the dispute is not settled, either Party may, through written notice to the other Party, submit the grievance or dispute to final and binding arbitration. (5) The Arbitrator shall be selected in the following manner: The Federal Mediation and Conciliation Service shall be requested to submit a panel of arbitrators of which names are alternately struck until the remaining arbitrator, whose name remains on the list, shall serve as the arbitrator to hear and decide the dispute and/or grievance. The arbitrator's decision shall be final and binding on both parties. 24 It is agreed, however, that compliance with a final decision of the arbitrator pending a judicial review of such decision shall not be deemed a waiver of the right to seek judicial review. The cost of the arbitrator shall be borne equally by both Parties to the grievance and/or dispute. Section 2. Notice of the grievance or dispute shall be made to the Employer and Local Union involved, in writing, by certified mail, within ten (10) days from occurrence of the alleged violation or dispute. The Parties agree that any particular grievance or dispute not called to the attention of the individual Employer and the Local Union within ten (10) days after the alleged violation shall be deemed to have been waived. Section 3. Copies of the decision made by the Grievance Committee and/or the Arbitrator shall be mailed to the Employer and the Union. Section 4. There shall be no stoppage of work on account of any difference of opinion or dispute which may arise between the Parties of the First and Second Part, or between this and any other unit or units of Organized Labor, or between other units of Organized Labor, or between any unit or units of Organized Labor and any other division of the Construction Industry. Section 5. EXCEPTIONS —Notwithstanding the other provisions of this Article, it shall not be a violation of this Agreement if any Employee or Employees of an Employer cease work or picket because of non-payment of wages, dishonored payroll checks, non- payment of Health and Welfare contributions, Pension contributions, Training contributions, and/or Working Dues deductions by said Employer. ARTICLE XXVIII MOST FAVORABLE TERMS If the Association has entered into (or allowed employers to enter into) another Agreement with the Union that applies to work that may also be covered by this Agreement, then the employer may select the agreement which applies the most favorable terms to execute the work. 25 ARTICLE XXIX GENERAL PROVISIONS Section 1. This Agreement covers the entire understanding between the Parties hereto. No oral or written rule, regulation, or understanding not incorporated herein will be of any force or effect upon any Party hereto. Section 2. This Agreement shall apply from and after its effective date as hereinafter provided. Section 3. The Employer shall at all times provide sanitary drinking water and containers, iced water when necessary, and toilet facilities, same to be stationed conveniently to all Employees. Section 4. The Employer shall make reasonable efforts to make provisions for permitting access to the job site by the Business Manager of the Local Union, or his duly appointed Field Representative. If the Business Manager of a Local Union is denied access to a job site for the purpose of transacting business, he shall notify the main office of the Employer to assist him in obtaining admission. Section 5. When a job is located within a Plant, the Employer shall provide (for regular shifts) adequate means for transporting Employees from the Plant entrance, to the job, provided the operation of the job is one-half (1/2) mile or more from the Plant entrance. Vehicles shall be properly covered during cold or inclement weather. When this condition exists, Employees will go in to work on their time and go out from work on the Employer's time. Section 6. When any Employee or Employees work in two (2) or more Classifications during the period of the first half of the shift, he or they shall receive the wage rate of the highest Classification for such period and an Employee or Employees working in two (2) or more Classifications during the second half of the shift shall receive the wage rate of the highest Classification for such period. Section 7. Any Contractor who signs this Agreement to perform work covered by this Agreement has the option of signing any other Agreement negotiated by the State of Indiana District Council of Laborers and any other Employer Group covering any and all work of the Construction Industry covered by the Laborers and pay the applicable wages, fringes and other conditions contained therein. If the Employer is signatory to another collective bargaining agreement with the Laborers International Union of North America, State of Indiana District Council that covers work covered by this Agreement and the Employer elects to perform such work under such other collective bargaining agreement, then the employer shall have no obligations to pay the wage rates, pay the fringe benefit 26 contributions, and/or to perform the other obligations under this Agreement, but instead shall pay the wage rates, pay the fringe benefit contributions, and perform the other obligations under the other collective bargaining agreement for such work. Section 8. Upon request by the Employer, the Employees' training and/or work record will be made available. ARTICLE XXX INDUSTRY FUND Section 1. Each Employer signatory to this Agreement hereby agrees to contribute to the Construction Advancement Foundation of Northwest Indiana (hereinafter "CAF"), the amount in cents per hour as shown in Article XXXI, for each hour worked by the Employees covered by this Agreement, it being understood and agreed that the enforcement, administration, etc., is solely the responsibility of the Employer, through the CAF in accordance with all Federal and State laws and regulations covering such Trust Funds. Section 2. It is expressly understood and agreed that no Employee, Employer or Union has any vested or proprietary interest in or right to any sum constituting a part of CAF or the funds contributed to CAF. Section 3. It is expressly understood and agreed that the Board of Directors of the CAF have the authority to conduct an audit of the records of any Employer to determine whether such Employer is contributing to the CAF in accord with the provisions of this Article. It is further understood that, in the event an Employer is determined to be delinquent and/or to have failed to make contributions as required in this Article, any legal expenses of the CAF, including attorney fees, court costs and audit expenses, incurred in the audit and collection of such delinquent and/or non -contributed funds shall be borne by the Employer. It is further understood and agreed that such Employer shall be obligated to pay any delinquent contributions to the CAF with interest charged at the rate of twelve percent (12%) per annum. It is expressly understood and agreed that no Employee, Employer or Union shall have any vested or proprietary interest in or right to any sum constituting a part of CAF. 27 ARTICLE XXXI SCHEDULE OF FRINGE BENEFIT CONTRIBUTIONS Section 1. In addition to the hourly wage rates listed hereinafter, Fringe Benefit Contributions to the Health & Welfare Fund, Pension Fund, Training Trust Fund, Annuity, HRA, Industry Fund (CAF) and BCRC for the designated periods shall be as follows: EFFECTIVE 6-1-2018 to 5-31-2019 6-1-2019 to 5-31-2020 6-1-2020 to 5-31-2021 6-1-2021 to 5-31-2022 6-1-2022 to 5-31-2023 H-W PENSION TRAINING ANNUITY HRA $6.25 $11.55 $0.55 $2.50 $0.35 $6.50 $12.05 $0.55 $3.00 $0.40 $1.80 to be allocated at a later date $1.50 to be allocated at a later date $1.60 to be allocated at a later date ARTICLE XXXII HOURLY WAGE RATES CAF BCRC $0.12 $0.10 $0.12 $0.10 Section 1. For the purpose of clarification and to assist in determining the hourly wage rates applicable to specific Classifications of Work, the following hourly wage rates apply in the given Area. It is understood and agreed that pyramiding of Category Rates and/or Foreman Rates is not the intention of this Agreement and shall not be permitted. CATEGORY I. Is the Basic Hourly Wage Rate and shall be paid on the following classifications: A. Building Work (all work inside the building line) EFFECTIVE WAGES TOTAL PACKAGE 6-1-2018 to 5-31-2019 $35.83 $57.25 6-1-2019 to 5-31-2020 $36.03 $58.75 6-1-2020 to 5-31-2021 TBD $60.55 6-1-2021 to 5-31-2022 TBD $62.05 6-1-2022 to 5-31-2023 TBD $63.65 Building and Construction Laborers Scaffold Builders (other than for Masons or Plasterers) Ironworker Tenders Mechanic Tenders Civil Engineer Tenders and Surveyor Tenders 28 Rodmen & Chainmen Roofer's Tenders Railroad Workers Masonry Wall Washers (interior & exterior) Cement Finisher Tenders Carpenter Tenders Tenders of all other Crafts not listed All Portable Water Pumps Waterproofing Handling of creosote lumber or like treated material (excluding railroad material) Asphalt Rakers & Lutemen Kettlemen Earth Compactors Jackmen & Sheetmen working ditches deeper than six (6) feet in depth Laborers working ditches six (6) feet in depth or deeper Assembly of Unicrete Pump Tile Layer (sewer or field) & Sewer Pipe Layers (metallic or non-metallic) Motor driven wheelbarrows and concrete buggies Hyster Operators Pump Crete Assemblers Skidster Loader with Attachments Operator Core Drill Operators Cement, Lime or Silica Clay Handlers (bulk or bag) Handling of Toxic Materials Damaging to Clothing Pneumatic Spikers Deck Engine and Winch Operators Water Main & Cable Ducking (metallic & non-metallic) Screed Man or Screw Operator on Asphalt Paver Chain Saw and Demolition Saw Operators Concrete Saw Concrete Conveyor Assemblers Applying of curing compound Sinking of wellpoints Dewatering header systems Fire Stop Installers 29 B. Highway Work EFFECTIVE, WAGES Lake, Newton Porter & LaPorte Counties 6-1-2018 to 5-31-2019 $30.24 6-1-2019 to 5-31-2020 $30.44 6-1-2020 to 5-31-2021 TBD 6-1-2021 to 5-31-2022 TBD 6-1-2022 to 5-31-2023 TBD EFFECTIVE., WAGES Starke & Jasper Counties 6-1-2018 to 5-31-2019 $27.47 6-1-2019 to 5-31-2020 $27.67 6-1-2020 to 5-31-2021 TBD 6-1-2021 to 5-31-2022 TBD 6-1-2022 to 5-31-2023 TBD TOTAL PACKAGE $51.66 $53.16 $54.96 $56.46 $58.06 TOTAL PACKAGE $48.89 $50.39 $52.19 $53.69 $55.29 C. Site and utility work (all work outside the building line, including in the right- of-way): EFFECTIVE WAGES TOTAL PACKAGE Lake, Newton and Jasper Counties 6-1-2018 to 5-31-2019 $31.07 $52.49 6-1-2019 to 5-31-2020 $31.27 $53.99 6-1-2020 to 5-31-2021 TBD $55.79 6-1-2021 to 5-31-2022 TBD $57.29 6-1-2022 to 5-31-2023 TBD $58.89 EFFECTIVE WAGES TOTAL PACKAGE Porter, Starke, and LaPorte Counties 6-1-2018 to 5-31-2019 $30.72 $52.14 6-1-2019 to 5-31-2020 $30.92 $53.64 6-1-2020 to 5-31-2021 TBD $55.44 6-1-2021 to 5-31-2022 TBD $56.94 6-1-2022 to 5-31-2023 TBD $ 5 8.54 30 CATEGORY II. The following classifications shall be paid an hourly wage of: EFFECTIVE WAGES TOTAL PACKAGE 6-1-2018 to 5-31-2019 $36.58 $58.00 6-1-2019 to 5-31-2020 $36.78 $59.50 6-1-2020 to 5-31-2021 TBD $61.30 6-1-2021 to 5-31-2022 TBD $62.80 6-1-2022 to 5-31-2023 TBD $ 64.40 Plaster Tenders Mason Tenders Mason Scaffold Builders Mason Forklift Operator Mortar Mixers Welders (acetylene or electric) Cutting Torch or Burner Plaster Machine Operators Gunite Machine Operators Cement Nozzle Laborers Cement Gun Operators Water Blast Machine Operators Air Tool Operators and all Pneumatic Tool Operators, Air and Electric Vibrators and Chipping Hammer Operators All Boiler Setters Laborers, including expediters, bottom men, Refractory Laborers, bell men, and Mason Tenders Hydromobile Scaffold Operator CATEGORY III. The following classifications shall be paid an hourly wage of: Mason Mason Tender Laborer Tender General General Effective Foreman Foreman Foreman Foreman 6-1-2018 to 5-31-2019 $36.63 $37.38 $37.33 $38.08 6-1-2019 to 5-31-2020 $36.83 $37.58 $37.53 $38.28 6-1-2020 to 5-31-2021 TBD TBD TBD TBD 6-1-2021 to 5-31-2022 TBD TBD TBD TBD 6-1-2022 to 5-31-2023 TBD TBD TBD TBD 31 CATEGORY IV. The following classifications shall be paid an hourly wage of: EFFECTIVE WAGES TOTAL PACKAGE 6-1-2018 to 5-31-2019 $36.83 $58.25 6-1-2019 to 5-31-2020 $37.03 $59.75 6-1-2020 to 5-31-2021 TBD $61.55 6-1-2021 to 5-31-2022 TBD $63.05 6-1-2022 to 5-31-2023 TBD $64.65 Dynamite Men Drillers — air track or wagon drilling for explosives Laborer Specialist Asbestos removal Hazardous waste removal Lead based paint removal Mold Remediation CATEGORY V. shall include Watchmen and Gatemen (day or night) whose wage rates and fringe benefit hours will be negotiated on an individual basis by and between the Employer and the Local Union involved at the pre job conference. CATEGORY VI. Shall cover Caisson and Tunnel Work in compressed & free air and the following classifications shall be paid an hourly wage of. EFFECTIVE WAGES TOTAL PACKAGE 6-1-2018 to 5-31-2019 $37.33 $58.75 6-1-2019 to 5-31-2020 $37.53 $60.25 6-1-2020 to 5-31-2021 TBD $62.05 6-1-2021 to 5-31-2022 TBD $63.55 6-1-2022 to 5-31-2023 TBD $65.15 Cage Tenders Dump Men Flagman, Signalman, Top Laborers Rod Men Concrete Repairmen Lock Tenders (Pressure Side) Motor Men Muckers Grout Machine Track Layers 32 Air Hoist Key Board Agitator Car Car Pushers Concrete Laborers Grout Laborers Lock Tenders (Free Air Side) Steel Setters Tuggers Switchmen Mucking Machine Laser Beam Liner Plate & Ring Setter Shield Drivers Power Knife Welders — Burners Pipe Jacking Machine Skinners Maintenance Technician Miner Bricklayer Tenders Concrete Blowers Drillers Erectors Form Men Jackhammermen Mining Machine Dynamite Men Drillers -air track or wagon drilling for explosives 1. The premium over and above wages and classifications for all Employees working in compressed air shall be as follows: 6-1-18 6-1-19 6-1-20 6-1-21 6-1-22 0-15 Pounds $1.00 per hour $36.83 $37.03 TBD TBD TBD 16-20 Pounds $1.50 per hour $37.33 $37.53 TBD TBD TBD 21-26 Pounds $2.00 per hour $37.83 $38.03 TBD TBD TBD 27-33 Pounds $3.00 per hour $38.83 $39.03 TBD TBD TBD 34 Pounds& Over $4.00 per hour $39.83 $40.03 TBD TBD TBD 33 2. The scale of wages for Labor Foreman and Sub -Foreman shall be as follows: 6-1-18 6-1-19 6-1-20 6-1-21 6-1-22 General Foreman $1.00 per hr. $38.33 $38.53 TBD TBD TBD Foreman $0.50 per hr. $37.83 $38.03 TBD TBD TBD *CATEGORY VII. shall cover High Time Pay for Stacks & Chimneys. *To be the same as set forth in the Laborers' International Union of North America Agreement covering Stacks, Chimneys and Silos. CATEGORY VIII — RAILROAD MAINTENANCE: shall cover the following: Section 1. All rail maintenance, rehabilitation, and other work on mainlines, sidings and service lines that are let by railroad companies, transit commissions, transit authorities, public or private owners of such facilities, which includes but is not limited to the following and work performed will be paid for under the wage rates contained herein. (a) The replacement of components and adjustment in alignment of grades of existing rail facilities. (b) Repair or replacement of components of fences, cattle guards, snow sheds, motor car set off, and other facilities located on railroad, public or private properties, and right-of-ways of same. (c) The care of railroad and transit commissions and transit authorities owned properties, public or private, including patrolling, inspection, mowing, brush cutting and spraying, drainage work and all general caretaking work. (d) The repair or replacement of roadway or railway crossings. (e) Painting and replacement of components of railway bridges and signal lines and signs. (f) All emergency work, such as snow removal, flood damage, damages occurring on derailments, including all clean-up and repair in connection therewith which may be performed by the Employer. (g) All maintenance, rehabilitation, track removal and other work that may be performed for the railroad companies and transit commissions and/or transit authorities on their properties, or on public and private properties, including 34 relocation of existing tracks where such relocation of tracks are not in connection with buildings, highway, heavy or engineering projects. (h) It shall also include all new Construction in conjunction with a building, highway, heavy or engineering project on all railroad transit commissions, transit authorities, public or private owners of such facilities. (i) It shall include railroad construction where rails are laid to a new facility to service same, whether new or used materials are used. CATEGORY IX — Apprentices Section 1. New applicants for membership who cannot provide reasonable proof of 4,000 or more hours of employment as a Construction Craft Laborer (or alternatively, cannot demonstrate equivalent skills in a placement examination administered by the Joint Apprenticeship and Training Committee (JATC) shall, whenever possible, enter the Apprenticeship program. Any person entering but failing to maintain and complete his or her Apprenticeship shall not be employed by the Employer as a Journeyworker under this Agreement. The failure of any Apprentice to maintain his or her Apprenticeship status shall obligate the Employer to discharge such person upon notice from the Union. Section 2. The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training or State Apprenticeship Committee are hereby incorporated by reference as a part of this Agreement. Section 3. The Apprentice wage rates are: Hours of Credit Wage Rate 1 St period 0 — 1000 hours 75% of journeyworker rate 2nd period 1001 — 2000 hours 85% of journeyworker rate 3rd period 2001 — 3000 hours 90% of journeyworker rate 4th period 3001 — 4000 hours 95% of journeyworker rate Section 4. Entry into the Apprenticeship program shall be controlled by the JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one hours -of -credit and wage -rate category to another only upon determination of satisfactory performance by the JATC, which shall have the authority to grant accelerated credit where warranted by the performance of an individual apprentice. 35 Section 5. The Employer shall participate in the Apprenticeship program by accepting Apprentices for employment upon referral by the Union. The Employer is not obligated to accept more than one (1) Apprentice for every five (5) Journeyworkers commencing with the sixth Laborer employed. Section 6. The Employer may not employ an Apprentice until at least one Joumeyworker is employed and thereafter may not employ more than one (1) Apprentice for every additional three (3) Journeyworkers. Section 7. An Apprentice should, whenever possible, be rotated by the Employer through different types of work so as to become trained in a variety of operations and work skills. Where the Employer is unable to provide an Apprentice with the experience in the full range of craft skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the apprentice from job to job, but shall notify the Local Union and JATC of all reassignments. Section 8. An Apprentice shall not be penalized for taking off from work to attend offsite training (though time off for training is unpaid). CATEGORY X — Commercial and Common Wage Projects Section 1 — Commercial Projects. For the purpose of making the contractor's signatory to this Agreement more competitive and to create added jobs for the unemployed members of Laborers' International Union of North America, State of Indiana District Council for and on behalf of its affiliated Local Unions 41/81, it is agreed that the wage rates for work being performed on projects defined in the following table titled "Commercial Eligible Projects" and hereinafter referred to as "Commercial Projects" shall be eighty (85%) per cent of the hourly wage rates listed in Category I thru IX in this Article XXXII. Fringe benefit contributions on Commercial Projects will be one hundred percent (100%) as designated in Article XXXI Schedule of Fringe Benefit Contributions. 1. The Commercial Projects wage in this section shall apply as long as one other craft is working at a reduced rate for a similar market recovery or commercial agreement on the project. 2. Annual increases to the hourly wage rates listed in Category I thru IX and the Schedule of Fringe Benefit Contributions will apply to the calculated wage and benefits in this section. 3. This Section 1 does not apply to projects in Lake and Porter counties. 4. This Section 1 does not apply to projects that are performed under a Project Labor Agreement (PLA). 36 Commercial Eligible Projects Maximum Size (Square Feet or stories New Business Tye construction Addition Renovation Notes: Churches 20,000 20,000 40,000 Funeral Homes 20,000 20,000 40,000 Commercial Businesses 20,000 20,000 40,000 Food and Dining 20,000 20,000 40,000 Establishments Warehouses 40 000 40,000 80,000 Nursing Homes 2 Stories 50 000 50 000 Retail Establishments 202000 20 000 40,000 Shopping Centers 30,000 30,000 60,000 Wood Framed No size restrictions Motels/Hotels Li lit Manufacturing 20 000, 2020002 202000 Recreational and 20,000 20,000 20,000 Fitness Centers Banks and Financial 10,000 1000 10,000 Services Automotive Repair and 10,000 1000 20,000 Service Sho s Single Family Houses, Multi -Family Units, 3 Stories 50,000 100,000 Condos, and any facility used for living quarters. Healthcare Facilities, 10,000 10,000 20,000 except hospitals Section 2 — Common Wage Projects. Public bid projects with a common wage determination less than the hourly wage stated in Category I thru IX in Article XXXII will be paid at the stated common wage, but not less than eighty (80%) per cent of the hourly wage rates listed in Category I thru IX in this Article XXXII. Public bid projects that fall below the threshold and have no common wage determination shall be paid at eighty (80%) per cent of the hourly wage rates listed in Category I thru IX in this Article XXXII. Annual increases to the hourly wage rates listed in Category I thru IX and the Schedule of Fringe Benefit Contributions will apply to the calculated wage and benefits in this section. 37 ARTICLE XXXIII GENERAL SAVINGS CLAUSE Section 1. Any provision contained herein that is contrary to or held in violation of the Labor -Management Relations Act of 1947, as amended, or of any other law now in force or hereafter enacted, or, hereafter becoming effective, shall be void and of no force or effect, and this Agreement shall be construed as if said void provision herein were not a part thereof, it being intended, however, that the other provisions of this Agreement shall not be affected thereby. It is further agreed that, should compliance with any law or amendment therefore, or any order or regulation issued thereunder, now or hereafter in force and effect, prohibit the carrying out of any of the provisions of this Agreement, then to the extent of such deviation or prohibition, this Agreement shall be deemed to have been automatically amended effective on the effective date of such law, order or regulations. Such amendment to this Agreement shall remain in effect only so long as said law, amendment, order or regulation continues in force or until the expiration of this Agreement, whichever event shall first occur. ARTICLE XXXIV BONDING Section 1. Every Employer who employs members of the Union and agrees to be covered or maintain the provisions of this Agreement shall be required by the Union to submit a surety bond payable in the combined name of Indiana Laborers Welfare Fund and Lake County & Vicinity Construction Workers Pension Trust Fund to insure the payment of fringe benefit obligations accruing under this Agreement. The Employer shall furnish a surety bond as prescribed below upon initial execution of this Agreement and within fourteen (14) days after January 1st of each year thereafter. Surety Bond shall be remitted to Lake County & Vicinity Construction Workers Pension Trust Fund, 2111 West Lincoln Highway, Merrillville, IN 46410. The amount of the surety bond shall be based on the previous year's monthly man hour average report to be provided by the contractor with its yearly bond as follows: 1-9 men $15,000.00 10-19 men $30,000.00 20-39 men $50,000.00 40 or more men $100,000.00 Section 2. A surety provider must have an A.M. Best rating of A- and asset class VIII or better. All surety companies will be reviewed to insure that they meet the rating requirement. 38 Section 3. The Employer shall obtain the surety bond in the required amount, from a pre - approved list of acceptable surety bond companies provided by the Fringe Benefit Funds, and the benefit funds specified in this Agreement shall be the sole beneficiaries of the bond. The bond will be given to the Fringe Benefit Funds where it will be kept. Section 4. Should an Employer fail or refuse to provide the required surety bond, or should an Employer fail to keep a bond in effect at all times, the Union shall have the right to strike and/or picket, after notice, and use all other legal and/or economic means to cause the Employer to comply with this Article. ARTICLE XXXV HEALTH CARE Section 1. Should either the State or Federal Government pass legislation mandating all Employers to participate in a national or statewide health care plan, it is agreed by the Parties to this Agreement to automatically open this Agreement within thirty (30) days of such passage to discuss same. ARTICLE XXXVI BCRC/DRUG TESTING Section 1. The Union recognizes the right of the Employer to establish a drug testing policy for Employees. Section 2. In all situations where an Employer is required to agree to a testing program in order to qualify to be the successful contractor on a project, testing may be required, in accordance with the standards of this program, or, if the owner's requirements for successful contractors are more stringent, in accordance with the owner's requirements. No adverse employment action shall be taken against a worker solely because he/she refused a job assignment that has a substance testing requirement. Section 3. BCRC (A) The Association, the Union, various other Employer Associations, and various other unions are members of the Building and Construction Resource Center, Inc. (hereinafter `BCRC"), a non-profit corporation that was formed to provide services in the construction industry, including, but not limited to, education and referral services concerning alcohol, drug and other substance abuse, which 39 purposes are more fully defined in the Articles of Incorporation and By -Laws of said BCRC. (B) Each Employer under this Agreement shall pay to BCRC the amount as specified in Article XXXI of this Agreement per hour worked by each of its Employees covered by this Agreement. Each Employer is obligated to make such contributions, regardless of whether or not such Employer is a member of BCRC. The Employer may submit funds electronically. (C) Payments required to be made to BCRC shall be deemed to be governed by the provisions of this Agreement pertaining to the collection of the Health and Welfare and Pension payments required to be made by the Employer and thus, may be enforced in the same manner. (D) The Board of Directors of BCRC will have full audit authority of the Employer's books and records as they pertain to this contribution. It is further understood that, in the event an Employer is determined to be delinquent and/or to have failed to make contributions as required in this Article, any legal expenses of the BCRC, including attorney fees, court costs and audit expenses, incurred in the audit and collection of such delinquent and/or non -contributed funds shall be borne by the Employer. It is further understood and agreed that such Employer shall be obligated to pay any delinquent contributions to the BCRC with interest charged at the rate of twelve percent (12%) per annum. (E) The Employees covered by this Agreement will abide by the provisions of the BCRC substance abuse program and policies. (F) If, during the effective dates of this Agreement, there is an increase in the required contributions to the Building and Construction Resource Center, Inc. or the Construction Advancement Foundation, Inc., as determined by their respective Board of Directors, the new contribution rate will be immediately recognized and paid by the Employer as part of their usual obligations. If an increase is necessary, notification must be received by the Indiana Laborers District Council on or before March 1 St and will be effective June 1 St 40 ARTICLE XXXVII NOTIFICATION OF TERMINATION FORM (CODE OF PERFORMANCE) The Employer agrees to designate discharges "for cause," when appropriate, as described in the attached Notification of Termination Form for purposes of the Union's Code of Performance only. The Notification of Termination Form shall not be admissible in any grievance, arbitration, or proceeding, unless the Employer expressly agrees in writing to such admissibility. This Article is intended only to assist the Union in implementing and administering its Code of Performance. This Article does not create any new or additional rights whatsoever for workers under the parties' collective bargaining agreement, including, but not limited to, creating any new or additional right to reinstatement with or without back pay, from the Employer. This Article does not create a responsibility or requirement for the Employer to implement the Union's Code of Performance. The Union is implementing the Code of Performance as an internal union program for its membership. The Employer is merely cooperating with the Union's implementation. The Employer's only obligation under the Union's Code of Performance is to complete and submit the Notice of Termination Form when appropriate, and the Employer has no obligation to participate in, agree to, or implement any aspect of the Union's Code of Performance. Except for the obligation to complete and submit the Notice of Termination Form when appropriate, this Article does not create any new or additional Employer rights, nor does this Article take away any Employer rights that are part of this Agreement or that exist for the Employer outside of this Agreement. Local Unions #41 and #81 agree to defend, indemnify and hold harmless the Employer from any and all claims, actions, damages, settlements, costs, expenses (including, but not limited to attorneys' fees) and/or proceedings arising out of said Code of Performance and/or the completion and/or submission of a Notice of Termination Form by the Employer. ARTICLE XXXVIII EFFECTIVE DATE THIS AGREEMENT shall be in full force and effect from June 1, 2018 and was ratified by a majority of members of the NWI Contractors Association Inc. June 1, 2018 and 41 signed by the Laborers' International Union of North America, State of Indiana District Council, for and on behalf of its affiliated Local Unions 441 and #81 and shall continue in effect for the periods mentioned herein, expiring as of May 31, 2023. In case either Party to this Agreement wishes to change the Agreement, at least sixty (60) days notice shall be given to the other Party prior to the expiration date. In case no such notice is given by either Party, the Agreement shall continue in effect from year to year until such notice is given at least sixty (60) days prior to the anniversary date. PARTY OF THE FIRST PART THE NWI CONTRACTORS ASSOCIATION INCORPORATED Theodore Vrehas, President Northwest Indiana Contractors Association Incorporated PARTY OF THE SECOND PART LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, STATE OF INDIANA DISTRICT COUNCIL, FOR AND ON BEHALF OF ITS AFFILIATED LOCAL UNIONS #41 AND #81 David Frye, Secretary-T easurer & Business Manager LIUNA State of Indiana District Council Kevin oach, Bus .ness Manager Local Union #41 r Michael Campbell, Business Manager Local Union #81 42 ADDENDUM NOTIFICATION OF TERMINATION FORM (Please type or print clearly) Instructions: Immediately upon termination of an Employee for any cause other than lack of work, please mail, fax or scan and email this completed form to the District Council or Local Union. COMPANY NAME STREET ADDRESS CITY & STATE PHONE( ) BY NAME OF EMPLOYEE BEING TERMINATED DATE OF TERMINATION: REASON FOR TERMINATION: (Check one or more) ZIP Excessive Absenteeism Excessive Tardiness Insubordination Theft Lack of Required Skills (this area cannot be checked for apprentices) 43 DIRECTORY LABORERS' INTERNATIONAL UNION OF NORTH AMERICA OFFICES Laborers' International Union of North America 905 - 16th Street Northwest Washington D C 20006-1765 Terence M. O'Sullivan, General President Armand E. Sabitoni, General Secretary -Treasurer Laborers' International Union of North America Midwest Regional Office 1 North Old State Capitol Plaza, Suite 525 Springfield, IL 62701 John Penn, Vice President & Midwest Regional Manager Laborers' International Union of North America State of Indiana Stephen Folz, International Representative 3528 Koring Road Evansville, IN 47720 14 DIRECTORY LABORERS' INTERNATIONAL UNION OF NORTH AMERICA Laborers' International Union of North America State of Indiana District Council 425 S 4th Street Terre Haute, IN 47807 Phone (812) 235-6083 Fax (812) 232-4420 E-mail inldc@inldc.org Website www.inldc.org David A. Frye, Secretary Treasurer & Business Manager Brian C. Short, Field Representative & Organizer LOCAL UNION 41 MUNSTER Geographical Jurisdiction of Hammond, Indiana and Vicinity of Lake County, including all territories west of Cline Avenue, Lake Michigan Shoreline to Illinois State Line and south Counties of Newton and Jasper, Indiana. Wm Kevin Roach, Secretary -Treasurer & Business Manager Scott Sparks, Field Representative Rick Henson Jr., Field Representative Kevin Sparks, Field Representative & Organizer 550 Superior Avenue Munster IN 46321 Phone (219) 924-7922 Fax (219) 924-7388 E-mail local4l@sbcglobal.net Website www.laborers4l.com 45 LOCAL UNION 81 VALPARAISO Geographical Jurisdiction of Gary, Indiana & Vicinity, including all territories east of Cline Avenue, Lake County, Indiana, all territory north of U.S. Highway No. 20 Porter County, Indiana, including all Lake Michigan Shore Front east of Cline Avenue in Lake and Porter Counties and LaPorte and Starke Counties, Indiana. Michael Campbell, Business Manager Dan McGlothin, Field Representative Ron Dillingham, Field Representative Ramon Mendoza, Field Representative Corey Campbell, Field Representative 3502 Enterprise Ave Valparaiso, IN 46383 Phone (219) 464-0695 Phone (800) 858-7631 Fax (219) 465-7682 E-mail liuna@laborers8l.com Website www.laborers8l.org LOCAL UNION 120 INDIANAPOLIS Geographical Jurisdiction of Marion and Shelby Counties, Indiana. J. Ward Daniels, Business Manager Chris Brickey, Field Representative Jesse Suarez, Field Representative Albert Lanham, Field Representative Kendrick Coleman, Field Representative Marty Corpuz, Field Representative William Fletcher, Jr., Organizer 1520 East Riverside Drive Indianapolis, IN 46202 Phone (317) 634-8551 Fax (317) 685-1237 E-mail laborers120@laborers120.com Website www.inldc.org/locall20 46 LOCAL UNION 204 TERRE HAUTE Geographical Jurisdiction of Clay, Fountain, Greene, Hendricks, Owen, Parke, Putnam, Sullivan, Vermillion, Vigo and Warren Counties, Indiana. Jerry "Joe" Bolk, Business Manager and Secretary -Treasurer Trent Short, Field Representative Doug Drake, Field Representative 401 Poplar Street Terre Haute IN 47807 Phone (812) 232-0989 Fax (812) 232-0980 E-mail laborerslocal204@outlook.com Website www.inldc.org/local204 LOCAL UNION 213 FORT WAYNE Geographical Jurisdiction of Adams, Allen, DeKalb, Huntington, Noble, Steuben, Wabash, Wells and Whitley Counties, Indiana. Chris L Guerrero; Secretary -Treasurer/ Business Manager Steve East, President/Field Representative Arvondale Jefferson, Field Representative 5700 S Anthony Blvd. Fort Wayne, IN 46806-3322 Phone (260) 744-5255 Phone (260) 744-5355 Fax (260) 745-7601 E-Mail local2l3@frontier.com Website www.inldc.org/local2l3 47 LOCAL UNION 274 LAFAYETTE Geographical Jurisdiction of Benton, Boone, Carroll, Cass, Clinton, Montgomery, Pulaski, Tippecanoe and White Counties and covering Kokomo Indiana, Fulton, Howard, Miami and Tipton Counties, Indiana. Jim Terry, Secretary -Treasurer & Business Manager Rick Williams, Field Representative 1734 Main Street Lafayette, IN 47904 Phone (765) 742-4876 Fax (765) 423-4709 E-mail local274@comcast.net Website www.inldc.org/local274 Kokomo Branch Phone (765) 457-4453 Fax (765) 457-8245 LOCAL UNION 561 EVANSVILLE Geographical Jurisdiction covering Daviess, Dubois, Gibson, Knox, Pike, Posey, Spencer, Vanderburgh and Warrick Counties, Indiana; and Crittenden, Henderson, Union and Webster Counties in Kentucky. Jon Scott, Business Manager & President Steve WIlson, Secretary -Treasurer & Field Representative Chad Lacer, Recording Secretary & Field Representative Jim Nelsen, Vice -President and Field Representative Lee Russell, Field Representative 951 North Park Drive Evansville IN 47710 Phone (812) 425-3191 Toll Free 1-888-463-8646 Fax (812) 425-2421 Website www.inldc.org/local561 48 LOCAL UNION 645 SOUTH BEND Geographical Jurisdiction of Elkhart, Kosciusko, LaGrange, Marshall and St. Joseph Counties, Indiana. Murray Miller, Business Manager Randy Neilson, Field Representative Adam Trotter, Field Representative 23698 Western Ave South Bend, IN 46619 Phone (574) 287-2967 Fax (574) 287-2968 E-mail millsbi@aol.com Website www.inldc.org/local645 LOCAL UNION 741 BLOOMINGTON Geographical Jurisdiction of Bartholomew, Brown, Dearborn, Decatur, Franklin, Jackson, Jennings, Johnson, Lawrence, Martin, Monroe, Morgan, Ohio, Orange and Ripley Counties, Indiana. Albert "Ray" Hobbs, Business Manager Terry Pittman, Field Representative Mike Hardy, Field Representative Lonnie Whitaker, Field Representative 7745 South Fairfax Road Bloomington, IN 47401 Phone (812) 824-2605 Fax (812) 824-2185 E-mail liunalocal741@ liunalocal741.org Website www.inldc.org/local741 Columbus Branch Phone (812) 372-2211 Lawrenceburg Branch Phone (812) 537-5128 LOCAL UNION 795 NEW ALBANY Geographical Jurisdiction of Clark, Crawford, Floyd, Harrison, Jefferson, Perry, Scott, Switzerland and Washington Counties, Indiana. Robert S. Norrington, Business Manager Danny L. Stults, Field Representative 1213 State Street New Albany IN 47150 Phone (812) 944-6473 Fax (812) 944-6474 E-mail laborers795@sbeglobal.net Website www.inldc.org/local795 LOCAL UNION 1112 MUNCIE Geographical Jurisdiction of Blackford, Delaware, Fayette, Grant, Hamilton, Hancock, Henry, Jay, Madison, Randolph, Rush, Union and Wayne Counties, Indiana. Kelly Watson, Business Manager Jack Baker, Field Representative Joe Hardwick, Field Representative Fred Redwine, Field Representative 115 West 20th Street Muncie IN 47302 Phone (765) 282-5815 Fax (765) 286-7150 E-mail laborerslocal l 112@liuna 1112.org Website www.inldc.org/locall 112 Richmond Branch Phone (765) 966-2005 Fax (765) 966-7080 50 DIRECTORY OF LOCALS BY COUNTIES COUNTY LOCAL COUNTY LOCAL Adams 213 Jefferson 795 Allen 213 Jennings 741 Bartholomew 741 Johnson 741 Benton 274 Knox 561 Blackford 1112 Kosciusko 645 Boone 274 LaGrange 645 Brown 741 Lake -West Half 41 Carroll 274 Lake -East Half 81 Cass 274 LaPorte 81 Clark 795 Lawrence 741 Clay 204 Madison 1112 Clinton 274 Marion 120 Crawford 795 Marshall 645 Crittenden, KY 561 Martin 741 Daviess 561 Miami 274 Dearborn 741 Monroe 741 Decatur 741 Montgomery 274 DeKalb 213 Morgan 741 Delaware 1112 Newton 41 Dubois 561 Noble 213 Elkhart 645 Ohio 741 Fayette 1112 Orange 741 Floyd 795 Owen 204 Fountain 204 Parke 204 Franklin 741 Perry 795 Fulton 274 Pike 561 Gibson 561 Porter 81 Grant 1112 Posey 561 Greene 204 Pulaski 274 Hamilton 1112 Putnam 204 Hancock 1112 Randolph 1112 Harrison 795 Ripley 741 Henderson, KY 561 Rush 1112 Hendricks 204 St Joseph 645 Henry 1112 Scott 795 Howard 274 Shelby 120 Huntington 213 Spencer 561 Jackson 741 Starke 81 Jasper 41 Steuben 213 Jay 1112 Sullivan 204 51 DIRECTORY OF LOCALS BY COUNTIES COUNTY LOCAL COUNTY LOCAL Switzerland 795 Warren 204 Tippecanoe 274 Warrick 561 Tipton 274 Washington 795 Union 1112 Wayne 1112 Union, KY 561 Webster, KY 561 Vanderburgh 561 Wells 213 Vermillion 204 White 274 Vigo 204 Whitley 213 Wabash 213 52 by and between INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION 1S0 AFL-CIO and ICHIANA BUILDERS ASSOCIATION, INC. Effective June 1, 2017 Through May 31, 2020 Article I Section1 -Policy ...................................................................................................................................................................4 Section2 - Management Rights.....................................................................................................................................4 Article II Exclusions................................................................................................................................................................................. 4 Article III Section1 - Bargaining Unit...............................................................................................................................................4 Section2 - Recognition......................................................................................................................................................4 Section3 - Scope of Work.................................................................................................................................................5 Section4 - Territorial Scope............................................................................................................................................5 Section5 - Union Shop....................................................................................................................................................... 5 Article IV Section1 - Work Day and Work Week........................................................................................................................ 5 Section2 - Overtime/Holidays...................................................................................................................................... 7 Section 3 - Pay Day for Employees during the Show -Up Time Period.................................................................................................................................... 7 Section 4 - Pay Day for Employees Who are not Requiredto Work during Call-Off..............................................................................................................7 Section5 - Shift Work......................................................................................................................................................... 7 Section 6 - Changing From One Machine to Another............................................................................................8 Section 7 - Machinery Operation (A) .... ...... .......... ............... ......... ,........ ...,,.,,..8 (B) ........ ... ... ......... ........... .....W.., .....,,., ..,..... , ....... ......... .....,..,9 (C) Hydraulic Backhoes or Similar Type Machines............................................................................9 Section 8 -Duties of Oiler and/or Apprentice..........................................................................................................9 Section9 -Small Equipment Assignment.................................................................................................................. 9 Section 10 - Electric Submersible Pumps...................................................................................................................9 Section11 - Repair Work Shop and job Site..............................................................................................................9 Section12 - Preparing Equipment.................................................................................................................................9 Section13 - Shelter............................................................................................................................................................10 Section14 - Transportation...........................................................................................................................................10 Section15 - Confinement of Work..............................................................................................................................10 Section16 - Severance Pay.............................................................................................................................................10 Section17 - Wage Payment - Pay Day.......................................................................................................................10 Section18 - Job Conference...........................................................................................................................................10 Section19 - Leaving Job...................................................................................................................................................10 Section 20 - New and Unlisted Equipment..............................................„.,.................,...........,.......,.,..,.................10 Section21 - Mechanics..................................................................................................................................................... 11 Section22 - Idle Time.......................................................................................................................................................11 Article V Section1 - Jurisdictional Disputes.............................................................................................................................11 Section 2 - Sub Contractor ....................... .... ...... ............. ...... -....... ......11 Section3 - Insurance Coverage...................................................................................................................................11 Section 4 - Insurance Safety Sanitation...................................................................................................................12 Section5 - Occupational Injury................................................................................................................................... 12 Section6 - Access to Premises.....................................................................................................................................12 Section7 - Hiring...............................................................................................................................................................12 Section 8 - Penalty - Pension, Vacation Savings, Health & Welfare, Apprenticeship Training, Construction Industry Research and Service Trust Funds and Employee Check Off (A) Penalty.......................................................................................................................................................12 (B) Penalty - Grievance Award Settlement...... ..... ___ ........... .................„,........,..,.,...,,..,.,.,......,12 (C) ... ... .............. I ............. .....I..,,,.........., I".... ... ....... ...... _.-... „ ...............13 (D) Legitimate Picket line..........................................................................................................................13 Section9 - Bonding of Employer............................................................................................................................... 13 Section10 - Job Steward.................................................................................................................................................. 13 Section11 - Discharge...................................................................................................................................................... 13 Section 12 - Regular Assigned Engineers ....... ..............................a..,........ ...... ........ ...... .....................13 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Section13 - Long Boom Pay..........................................................................................................................................13 Section14 - Capacity Pay ............ ........ ..... ........ ..., ..... ......... ...., ..,. ......... ....... ................13 Section15 - Augers and Drill Rigs...............................................................................................................................13 Section 16 - Tunnel, Shaft and Enclosed Underground......................................................................................13 Section 17 - Concrete Conveyor Systems.................................................................................................................13 Section18 - Creter Cranes..............................................................................................................................................14 Section 19 - Truck Mounted Concrete Pumps........................................................................................................14 Section20 - Helicopters................................................................................................................................................... 14 Section21 - Bobcats.......................................................................................................................................................... 14 Section 22 - .......,. ..... .........14 Section 23 - Self -Erecting Tower Cranes..„............................................................................................................,.14 Section 24 - Craft Foreman and/or Master Mechanic....................................................................................... 14 Article VI Section 1 - Wage Rates and Fringe Benefits...........................................................................................................15 Section 2 - Wages and Fringe Benefits for Apprentices in all Counties ... .......... ......... ........„,..,.,,..,,.,,,.,,.... 18 Article VII Section1- (A) Welfare Fund.......................................................................................................................................19 (B) Retiree Medical Savings Plan........................................................................................................ 20 Section2 - (A) Pension Fund,,, ..,,,.,,, >, ..... ......... .....,,, ,.,., .... ,... ,,...,,,. 20 Section3 - Vacation Fund.............................................................................................................................................. 21 Section 4 - Apprenticeship and Skill Improvement Fund..,..,.. ,,„..,, ......., „,. ,„,,., ...,,, 21 Section5 - Industry Advancement Fund................................................................................................................. 22 Section 6 - Employee Check -Off (A) Dues Check Off...................................................................................................................................... 23 (B) Local 150 - Federal PAC Check-Off............................................................................................. 23 Section 7 - Construction Industry Research & Service Trust Fund ... ....................„........,...,,.......,..,...,....... . 24 Article VIII Section 1 - Grievance and Arbitration...................................................................................................................... 24 Section2 - Jurisdictional Award................................................................................................................................. 25 Article IX Section1- Affirmative Action...................................................................................................................................... 26 Section2 - No Discrimination...................................................................................................................................... 26 Article X Section1- Savings Clause.............................................................................................................................................. 26 Section2 - Uniformity...................................................................................................................................................... 26 Article XI CreditUnion Deductions................................................................................................................................................. 26 Article XII Entire Agreement of the Parties................................................................................................................................... 27 Article XIII Agency..................................................................................................................................................................................... 27 Article XIII Effective Termination Dates and Notification........................................................................................................ 27 CompetitionCommittee................................................................................................................................................... 28 Building and Construction Resource Center Inc Drug/Alcohol Program .................................................. 29 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc COLLECTIVE BARGAINING AGREEMENT THIS AGREEMENT is entered into in South Bend, Indiana effective the 1st day of June, 2017, between the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #150, AFL-CIO and the MICHIANA BUILDERS ASSOCIATION, INC. ARTICLE I Section 1- POLICY - This Agreement respecting wage rate increases and related matters has been made in anticipation of, as well as in recognition of all factors having to do with wage scales and for the additional purposes of stabilizing costs in the construction field, promoting the existing harmonious relationship between the parties and avoiding the possibility of interruptions of normal work and employment during the terms of this Agreement. With these purposes in mind, the parties have reached this Agreement and mutually agree to carry out the purposes thereof. Section 2 - MANAGEMENT RIGHTS The Association and Union agree that the Employer shall, at all times during the term of this Agreement, retain sole and exclusive right to manage the affairs of its business and to direct its employees in the performance of their duties, consistent with the terms of this Agreement. Such management rights shall include but are not limited to; the right to plan, direct, and control construction operations; the right to determine the amount of work needed, to change or modify schedules and working hours, to assign work, to assign foremen, to establish and adjust shifts, and to require overtime when necessary to meet the customer's requirements; the right to hire employees, transfer employees, suspend employees, lay off employees, discipline and/or discharge employees for just cause. This list of specific management rights shall not restrict or be construed as a waiver of any of the management rights not listed, except for those management rights that are specifically restricted by provisions of this Agreement or by the National Labor Relations Act. ARTICLE II EXCLUSIONS - It shall be understood that the following stipulations do not apply to Road Work or Bridges, as this is covered by a separate agreement. ARTICLE III Section 1- BARGAINING UNIT The Bargaining Unit shall consist of all employees engaged in work covered by the occupational jurisdiction of the Union with reference to any and all of the classifications described in Article III, Section 3, "SCOPE OF WORK", the wages, hours of work and all other terms and conditions of employment set forth in this Agreement, and the operation, maintenance, repair, moving, dismantling and assembly of all machines used on work coming within the occupational jurisdiction of the Union regardless of motive power. Section 2 - RECOGNITION The Association recognizes the Union as the sole and exclusive bargaining agent for all employees employed in work covered by the occupational jurisdiction of the Union by Employers who are now members of the Association, or such Employers as may hereafter become members of the Association or Employers signatory to this Agreement. The Union recognizes the Association as the sole and exclusive bargaining agent for its members and for such other firms, persons or corporations as may hereafter become members of the Association. All other contractor Employers engaged in work covered by classifications in this Agreement and the occupational jurisdiction of the Union shall be subject to the terms of this Agreement. MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Section 3 - SCOPE OF WORK This Agreement shall apply to the work classifications and operations incidental thereto as are herein generally and specifically described; Construction, erection, modification, addition to or improvement of a building structure or structures, the construction, erection, modification, addition to or improvement of an industrial plant commercial or institutional construction and the driving of sheeting, piling, caisson work, demolition of all types, slurry operations, foundation work or dewatering for a building structure, excavating of all types including subdivision work performed in St Joseph county, ramps, grading, resurfacing, curbs, gutters, sidewalks, parking areas, underground and utility work of all types including subdivision work performed in St Joseph county, sewers, subways, tunnels, water mains, piping, pipe jacking, all other underground and utility work, railroad spurs, and all land based operations involving lakes, harbors, and river improvements when in conjunction with building. When the occasion arises when an Operating Engineer working within the scope of this Agreement and is required to change to a scope of work of another agreement on the same day the conditions and wages most beneficial for the Operating Engineer shall prevail. It is understood there will be no duplication of hours or conditions in any case. In no event shall work coming within the jurisdiction of the Operating Engineers be assigned to any other craft employee. Section 4 - TERRITORIAL SCOPE This Agreement shall cover work in the following counties in Indiana: ST. JOSEPH, ELKHART, MARSHALL, NOBLE, KOSCIUSKO, FULTON and LAGRANGE. Section 5 - UNION SHOP All employees covered by this Agreement shall be obligated to become members of the Union after the 7th but not later than the 10th day of employment, the date of the execution of this Agreement or the effective date of this clause, whichever occurs later, as a condition of continued employment. All employees who are members of the Union shall maintain their membership in the Union and/or non-members maintain their permit fees as a condition of continued employment. Any employee who fails to become a member of the Union or fails to maintain his membership therein in accordance with the foregoing shall forfeit his right of employment, and the Employer shall immediately discharge such employee, provided, however, that the foregoing shall be strictly interpreted, construed, and applied in accordance with the applicable provisions of the National Labor Relations Act, as amended. This Section shall be null, void, and of no effect to the extent that compliance would be inconsistent with applicable law, in which case neither the Union nor the Employer shall enforce, or attempt to enforce, any of the provisions set forth in Section 5 as to any individual. ARTICLE IV Section 1- Work Day and Work Week (a) The regular starting time for a single shift operation Sunday through Saturday inclusive shall be scheduled at one of the following hours: 6:00 a.m., 6:30 a.m., 7:00 a.m., 7:30 a.m., and 8:00 a.m. The Employer must establish a regular starting time, then if the Employer desires to change the established starting time, the employee(s) must be notified before the quitting time of the employee's regular workday of any change in the established starting time for the following day. (b) EIGHT (8) HOURS shall constitute a normal workday between the hours of 6:00 a.m. and 2:30 p.m., 6:30 a.m. and 3:00 p.m., 7:00 a.m. and 3:30 p.m., and 7:30 a.m. and 4:00 p.m., 8:00 a.m. and 4:30 p.m., as the case may be pursuant to the established starting time as set forth in Section 1A of this Article. MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc (c) LUNCH PERIOD - there shall be a regularly scheduled lunch period of all one, two, and three shift operations. The lunch period shall be one half (1/2) hour between the 4th and 5th hour after starting time. On a three shift operation, the employees on all three shifts will work seven and one half (71/2) hours and be paid for eight (8) hours with a half (1/2) hour lunch period at the time specified above. On a two shift operation the employees on both shifts will work seven and one half (71/2) hours and be paid for eight (8) hours with a half (1/2) hour lunch period at the time specified above. On a two shift operation where the employees are working more than eight (8) hours, both shifts shall receive a half (1/2) hour lunch period, and it shall be taken at the midpoint of the shift, for which the employee shall be paid. If the Employer requires an employee to work during his scheduled lunch period on a multiple shift operation, the employee shall be paid as provided above and in addition shall receive one half (1/2) hour at the overtime rate for working during his lunch period. On a single shift operation if the Employer requires the employee to work during his scheduled lunch period, he shall be paid an additional one half (1/2) hour at the applicable overtime rate of pay in addition to his normal days pay. The above lunch period provision shall also apply to Sundays and Holidays. (d) SHOW -UP TIME - MONDAY, MAY 1 OR THE FIRST MONDAY THEREAFTER UP TO MONDAY, NOVEMBER 15 OR THE FIRST MONDAY THEREAFTER. All employees shall be obligated to report for work each day Monday through Friday atthe designated starting time, asset forth in this Article. However, employees maybe notified on the job before quitting time by an authorized representative of the Employer if there is no work the following day. Otherwise, employees shall report for work and be paid pursuant to the terms of items 1 through 6 herein. (e) CALL OFF MONDAY, NOVEMBER 15 OR THE FIRST MONDAY THEREAFTER UP TO THE MONDAY MAY 1 OR THE FIRST MONDAY THEREAFTER. All employees shall be obligated to report to work each day Monday through Friday at the designated starting times as set forth in this Article; however, employees may be notified up until 9pm of the previous day by an authorized representative of the Employer if there is no work the following day. Otherwise the employee shall report for work and be paid pursuant to the terms of items 1 through 6 of this Section. Employees personally notified on the job before quitting time the previous day or by telephone shall be the only valid means of notification of not reporting for work. (f) REPORTING TIME FOR A NEW HIRE. When an Operating Engineer is ordered from the referral office of the Union by the Employer or his representative for a 12:30 p.m. or thereafter start he shall receive a minimum of four (4) hours pay. Item 1- An employee who reports to work and is informed prior to the starting time of his regular shift, 6:00 a.m., 6:30 a.m., 7:00 a.m., 7:30 a.m., and 8:00 a.m., respectively, thathe will notworkthat day shall receive two (2) hours pay. Item 2 - An employee who reports to work and is informed prior to preparation time (1/2 hour prior to his established starting time) that he will not work that day and is released before two (2) hours have elapsed, beginning with the starting time of his preparation time and has not started to work, shall receive two (2) hours pay. Item 3 - An employee who reports to work and commences preparing his machine and is informed prior to his regular starting time that he may not work that day and is released before two and one-half (2 1/2) hours have elapsed, beginning at the starting time of his preparation time and is not started to work shall receive one half (1/2) hour at the overtime rate of pay for preparation time and two (2) hours pay for show -up time. Item 4 - An employee who is requested to report for work prior to 6:00 a.m. or 6:30 a.m., or 7:00 a.m. on a single shift operation or 8:00 a.m., 4:00 p.m., or 12:00 midnight on a two or three shift operation and prior to the requested starting time, is informed that he will not work that day, shall receive pay at the overtime rate for the hours prior to the MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc prior to the starting time listed in this paragraph and two (2) hours pay for show -up time. Item 5 - An employee who is requested to report for work prior to 6:00 a.m. or 6:30 a.m. or 7:00 a.m. on a single shift operation or 8:00 a.m., 4:00 p.m., or 12:00 midnight on a two or three shift operation and held on the job more than two (2) hours after the regular starting time or has started to work at any time after the requested starting time, shall receive pay at the overtime rate for the hours prior to the starting times listed within this paragraph, and four (4) hour or eight (8) hours pay for the normal work day as the case may be. Item 6 - An employee held on the job more than two (2) hours or is started to work at any time after the employee's regular starting time shall receive a minimum of four (4) hours or eight (8) hours pay as the case may be plus one half (1/2) hour preparation time when applicable. An employee who is requested to report or who is called out after 8:00 a.m., 4:00 p.m., or 12:00 midnight, respectively, shall be paid back to 8:00 a.m., 4:00 p.m., or 12:00 midnight, respectively, plus one half (1/2) hour preparation time when applicable and such hours shall be counted as hours worked in computing overtime. The above provisions shall be applicable to all single and multiple shifts under the terms of this Agreement. When an employee is requested to report for work on Saturday, Sundays, or Holidays, he shall be paid pursuant to the provisions set forth in this Article, except he shall be paid at the applicable overtime rate of pay. Section 2 - Overtime All time in excess of eight (8) hours per day and/or forty (40) hours per week and before or after the normal workday and Saturdays shall be paid at the time and one-half (1-1/2) rate of pay. If any craft on the jobsite is receiving double time (2) rate of pay then the employees covered under this agreement shall also receive double time (2) rate of pay. All overtime shall be paid to the next half hour. All hours for which the employee receives wages shall be counted as hours worked in computing overtime. HOLIDAYS - The following holidays are designated as those for which double (2) time shall be paid together with Sunday: NEW YEAR'S DAY MEMORIAL DAY FOURTH OF JULY LABOR DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS DAY No work shall be done on Labor Day except to save life or property. A holiday falling on Saturday shall be celebrated on Friday. A holiday falling on Sunday shall be celebrated on Monday. If a holiday falls on a day other than a Saturday or Sunday, it shall be celebrated on that day. Section 3 - Pay Day for Employees during the Show -Up Time Period Any employee who reports for work on a pay day and is told that there is not work that day shall receive his normal show -up time as long as his paycheck is available to him at his normal place of work. If an employee is required to wait more than two (2) hours for his paycheck, he shall receive an additional hour's pay for each hour or part of an hour the employee is required to wait for a check. Section 4 - Pay Day for Employees Who Are Not Required To Work During Call Off When the Employer notifies the employee(s) that there will be no work and such day is the regular pay day, the employee(s)' check shall be made available to him at his regular work place no later than the end of the second (2nd) hour from his regular starting time. The employee(s) shall be compensated two (2) hours at the regular rate of pay for picking up his check, plus for each hour or part of an hour beyond the second (2nd) hour period, he shall receive an additional one (1) hour's pay. Section 5 - Shift Work No shift work shall be established unless they are of three (3) or more days duration on Production Equipment otherwise overtime shall prevail 4:00 p.m. through 8:00 a.m. MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc When shift work is established and work is carried on with three shifts of men working eight (8) hours each, the starting time shall be 8:00 a.m. for the day shift, 4:00 p.m. for the afternoon shift and 12:00 midnight for the night shift, then only single time shall be paid during weekdays, except as provided in this Article. Employees working on the afternoon shift shall receive an additional SEVENTY FIVE CENTS ($0.75) per hour over the regular rate of pay. Employees working on the night shift shall receive an additional ONE DOLLAR ($1.00) per hour over the regular rate of pay. Where two or three shifts are utilized and the Employer wishes the starting time advanced, a representative of the Union and a representative of the Employer shall meet and agree to the starting time for both shifts. If, however, shift work is on pumps or mechanical heaters and 7 day pumping or heating is necessary on the job, then each shift shall be entitled to Time and one-half (1-1/2) for Saturdays and Sundays, excluding Holidays which shall be paid at the Double Time rate. When any pumping is required on a job, the overtime shall be paid at the rate of Time and one-half (1-1/2) including Saturdays and Sundays, excluding Holidays which shall be paid at the Double Time rate. Employees working on shift work shall be paid for their lunch period. If the Employer requires an employee to work during his scheduled lunch period on a multiple shift operation, the employee shall be paid the applicable overtime rate for the lunch period in addition to his normal day's pay. Where shift work is performed from 12:01 a.m. Saturday to 12:00 midnight Saturday, each shift shall be paid at the applicable overtime rate of pay. Where shift work is performed from 12:01 a.m. Sunday to 12:00 midnight Sunday, each shift shall be paid at the rate of double time. All provisions in Article IV pertaining to work week, show -up time and work day, preparation time, overtime, holidays and pay day shall apply to all one, two and three shift operation. An employee who has started to work and goes into overtime and works into another shift shall receive overtime until such individual has been released from work (see regular assigned engineer clause). Section 6 - Changing From One Machine to Another Any operator capable of performing the work may be shifted by the Employer to any machine and back again to the original machine, plus one other machine, provided the operator is paid the rate of wages applicable to the highest classification of work performed by him during such shift. Breakdowns and loading or unloading machines in connection with moving to or away from the job site shall not be considered a change pursuant to this Article. Any employee covered by this Agreement shall not be permitted to change to a machine that another employee covered by this Agreement has been employed to operate unless the latter has been discharged for just cause, and the Union has been notified of such discharge. A written notification to the union is required in those instances where an Employer does not want a member to be re -dispatched to their company in the future for just cause. The member will be unavailable for dispatch to the Employer for a period of two (2) years or sooner at the discretion of the Employer. However, if through no act or fault of the Employer, the regular assigned employee is not available for work, this clause shall not be operative. Changing employees from one machine to another shall not be used for the purpose of depriving another employee from additional hours or days of work. Forklifts and skid steers shall not be counted as a machine change under this section. Section 7 - Machinery Operation (a) All Power Shovels, Draglines, Clamshells and Cranes used on work covered by this Agreement where such machinery is rated by the manufacturer as having a capacity of over one and one -quarter (1-1/4) cubic yards or Truck Cranes rated by the manufacturers as having a capacity of over thirty (30) ton, Crawler Cranes rated by the manufacturer as having a capacity of thirty five (35) tons or over, Hammerhead Cranes and MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Trenching Machines thirty (30) inches or over shall require an Engineer and Oiler or Apprentice regardless of motive power. (b) All hydraulic type cranes used on work covered by this Agreement where such crane is rated by the manufacturer as having a capacity of fifty (50) tons or more shall require an Engineer and Oiler or Apprentice regardless of motive power. (c) HYDRAULIC BACKHOES OR SIMILAR TYPE MACHINES. Hydraulic machines that are designed to use bucket attachments of various sizes, and the manufacturer rates such machine as weighing over one hundred fifteen thousand (115,000) pounds shall require an oiler. Machines that do not require an oiler pursuant to the above shall be subject to preparation time pursuant to Section 12 of this Article, with the exception of Combination Backhoe Front End loader Machines. Section 8 - Duties of Oiler and/or Apprentice It shall be the duty of the oiler to keep the machine to which he is assigned thoroughly lubricated and reasonably clean. Maintain the machine, supply it with water, gas and oil and assist in such work as directly affects the operation of the machine. The oiler shall be under the technical direction of the engineer, perform such duties as he prescribes and remain at all times in close proximity to the machine. The same rules and regulations regarding overtime and working conditions which apply to Engineers shall also apply to Oilers and/or Apprentices. Section 9 - Small Equipment Assignment The employer shall have the right to assign certain work to members of the Bargaining Unit in respect to various small machines such as generators 50 k.w. and under, intermittent pumping, one welding machine, air compressor 210 cubic feet and under per minute, one light plant and all other small equipment not to exceed a total of three such machines in any combination. In the event of such assignment, the Operating Engineer shall be compensated at the rate of FIFTY CENTS ($0.50) per hour for the entire shift over and above the negotiated rate for Operating Engineers. Section 10 - Electric Submersible Pumps On a job site where more than five (5) electric submersible pumps are being used, a member of the Bargaining Unit shall be assigned during the entire regular day time shift, Monday through Friday and on every other day as the regular day time crew is conducting j ob operations. No operator shall receive premium pay or be required on the other two (2) shifts in the twenty-four (24) hour day. But, in the event of a breakdown, in any pumps, the assigned operator shall be subject to call at any time or any day to assist in the installation, servicing, relocating or removal of said pumps. In such breakdown case, the Employer shall notify the operator by telephone to reportto the job site if available to such duty. The operator assigned to the pumps shall be compensated at the rate of FIFTY CENTS ($0.50) per hour for the entire shift over and above the operator's regular rate of pay. If the Employer deems it necessary to have a full time employee on said pumps it shall be a member of the Bargaining Unit and said employee shall be paid the pump rate provided for in the wage classifications. In the event there are no members in the Bargaining Unit employed by the Employer on the job site, the Employer shall have the right to operate the electric submersible pump until such time as a member of the Bargaining Unit is employed by the Employer on the job site, but in no event shall the pump be assigned to any other employee. Section 11- Repair Work Shop and Jobsite Employees shall keep their machines in good order and good repair at all times to such extent as lies in their power to do so. Section 12 - Preparing Equipment Engineers on all Power Shovels, Backhoes, Draglines, Clamshells and Cranes used on work covered by this Agreement where such machinery is rated by the manufacturer as having a capacity of one and one -quarter (1-1/4) cubic yard or less, or Truck Cranes rated by the manufacturer as having a capacity of less than thirty (30) tons, Crawler Cranes rated by the manufacturer as having a capacity of less than thirty (30) tons, or all Hydraulic Cranes rated by the manufacturer as having a capacity of less than fifty (50) tons, and Engineers operating Derricks and/or Hoists of two (2) drums or more shall start one-half (1/2) hour before the regular starting time to prepare the machine for the days MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc operation and shall be paid at the applicable overtime rate, Section 13 - Shelter The Employers agree that reasonable protection shall be provided for the Engineer and the machinery he operates. Section 14 - Transportation The Employer must furnish transportation and protection for inclement weather to and from gate and jobsite to all employees of the Bargaining Unit that work in a mill, plant, refinery, terminal, or other jobsite where employees are unable to supply their own transportation over 1/3 mile. Section 15 - Confinement of Work Employees shall not be required to perform work outside of the scope of this Agreement. Section 16 - Severance Pay When the services of an employee are no longer required, he shall receive a full day's pay for the day he is terminated and receives all of his wages before his quitting time. If the employee is not paid before his quitting time, the Employer shall pay a penalty of two (2) hours of pay to each employee at the straight time rate of pay for each succeeding 24 hours of delay. It is understood that said 24 hour periods shall not include Sundays and Holidays. Employees shall not be called at home and terminated. Section 17 - Wage Payment - Pay Day Wages shall be payable in United States currency or checks at the option of the Employer or direct deposit at request of the Employee, and in no event shall the Employer withhold for more than five (5) days, wages accruing prior to the pay day. At the time of payment of wages, the Employer shall furnish the following information on the check stub or accompanying slip to each employee: regular hours worked and overtime hours worked and all deductions including contributions to the Vacation Fund shall be listed separately. If mutually agreed to by the employee and the Employer, wages may be paid by direct deposit. Pay day shall be once each week on a specified day during work hours, except when pay day falls on a Holiday or the day after a Holiday, employees must be paid prior to the Holiday in question. If a payroll check is returned to the employee for insufficient funds or direct deposit funds are not available to the Employee as provided above, the Employer shall pay a penalty of eight (8) hours at the straight time rate of pay for the first day of the violation and four (4) hours a day thereafter until a valid payroll check is received by the employee. It is understood that Sundays and holidays are not included. Section 18 - Job Conference Either party may before or after a job is in progress, if it deems necessary, request a job conference. The job conference must be held within five (5) days from date of request. Upon forty-eight (48) hours written notice, the Union shall have the option to strike any Employer who does not comply with the above. Section 19 - Leaving Job No employee shall leave his job without notice to his Employer and he shall stay on the job until replaced by another employee in the Bargaining Unit. Section 20 - New and Unlisted Equipment It is mutually agreed between the Union and the Association to meet and agree on wage rates and manning requirements for all new and unlisted equipment which is not listed in this Agreement that would come under the jurisdiction of the International Union of Operating Engineers. Upon written notification of the Association and the contractor by the Union, the parties shall meet to discuss all such matters within twenty-one (21) days from the date of notification. If the parties are unable to resolve such matter, the matter may be submitted within thirty (30) days to a neutral arbitrator. If the Union and the Association and/or Employer cannot agree on an arbitrator, then an arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration Association and the arbitration shall be conducted under and in accordance with such rules and procedures. The cost of such arbitration 10 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.N CLINE MAY 19, 2017 mlc shall be borne equally by both parties to the arbitration, and the decision of the arbitrator shall be final and binding on all parties and individuals bound by this Agreement. The time limits provided in this Section may be extended by mutual written consent. Section 21 - Mechanics Mechanics shall furnish their own tools but shall not be required to furnish special tools such as: Pin Presses, Spanner Wrenches, Air or Electric Wrenches, Gear and Bearing Pullers, Electric Drills, Reamers, Taps and Dies, Oxyacetylene Hoses, Gauges, Torches and Tips, Twenty -Four inch (24") Pipe Wrenches, over 3/4 inch drive socket set, Sockets over two inches (2"). If by mutual agreement, the mechanic is to use his personal pick-up or similar vehicle for the transportation of his tools, etc., on the job, or from job to job, he shall be compensated at not less than ONE THOUSAND DOLLARS ($1,000) per month plus all fuel and oil for said vehicle. In no event shall the furnishing of said vehicle be deemed as a condition of employment. Payment for vehicle rental shall be once each week on pay day except in case of a layoff it shall be as set forth in Article IV, Section 16. The Employer agrees to pay for or replace with equal quality any tools, excluding hand tools, broken on the job by mechanics or anyone required to furnish their own tools. The Employer shall maintain an insurance policy or assume the cost risk, for loss of the employee's personal tools, on Company premises and while in the Company's or the employee's utility truck, due to the theft by breaking and entry, including fire and explosions or other circumstances that may happen on the Company premises and/or utility truck. The Employer's liability for each loss shall not exceed the actual cost of the tools. It is understood that all employees must furnish the Employer with a complete inventory of the personal tools and their brand. It is further understood that whenever new tools are purchased, the employee must include them on the inventory list previously furnished, and whenever tools are removed, the inventory shall be reduced. If an employee does not supply the Employer with an inventory of tools, responsibility for replacement will not be that of the Employer. For the purpose of this paragraph, the employer shall have fifteen (15) working days to pay, in accordance with this contract, any amounts admitted to be due and if Employer fails to do so, in accordance to the amount the Employer admits due, it shall pay such employee two (2) hours per day, not to exceed fifty percent (50%) of the amount in dispute. The amount bonafidely disputed under this paragraph shall be settled by the grievance and arbitration procedure of this Agreement. Section 22 - Idle Time In case of a layoff a machine must be left idle two (2) work days before another employee can be assigned to such machine. If such machine is reactivated before the two (2) day period, the original employee shall be given opportunity of employment on said machine. However, if such employee is not available, this paragraph shall be inoperative. ARTICLE V Section 1- Jurisdictional Disputes The parties to this Agreement are subject to and agree to be bound by all decisions, awards and provisions of the Agreement establishing the Impartial Jurisdictional Disputes Board, or its successor that is acceptable to the Building and Construction Trade Department of the AFL-CIO, the International Union of Operating Engineers and the Associated General Contractors. There is to be no work stoppage by either party while an award is pending. Section 2 - Sub Contractor The Employer agrees that he will not contract or sub -contract any work covered by the Scope of Work of this Agreement and/or work coming under the Occupational Jurisdiction of the Union to be done atthe site of construction, alteration, painting, or repair of building structure, or other work, except to a person, firm or corporation, party to the applicable current labor agreement with the Union. Nothing set forth in this Section entitles the Union to strike or engage in any economic action with respect to a dispute involving Article V, Section 2 of the Agreement. Section 3 - Insurance Coverage For all employees covered by this Agreement, the Employer shall carry Workman's Compensation Insurance with a company authorized to do business under the applicable State laws and regulations, and shall in addition pay the tax necessary to secure for all such employees the benefits of the Indiana Unemployment Compensation Insurance Act irrespective of the number of employees employed. 11 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mic Section 4 - Insurance, Safety, and Sanitation The Contractor must make adequate provision to comply with all the rules and laws pertaining to Insurance, Safety, and Sanitation as are established by the statutes of the Federal, State and Municipal Governments where the work is in progress. The Employer and Employee will conform to any Federal Law, State Law, local ordinances and/or owner rules. Section 5 - Occupational Injury An employee who is injured on the job and is sent home, or to a hospital, or who must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his regular shift on that day. An employee who has returned to his regular duties after sustaining a compensable injury who is required by the Company Worker's Compensation doctor to receive additional medical treatment during his regularly scheduled working hours, shall receive his regular hourly rate of pay for such time. Section 6 - Access to Premises The duly authorized representative of the Union shall be allowed access to any job site or premises. For this purpose it shall be the duty of the Employer to provide adequate passes, as requested by the Union, provided the Employer is able to do so. If an Employer does not allow access when they have the ability to do so, the Employer shall be fined $1,000 per week until access is granted. Section 7 - Hiring When an Employer performs work covered by this Agreement in the areas covered by Local Union 150, the following shall apply; The Employer will obtain all employees used in the performance of such work through the Referral Offices of the Local Union in accordance with the non-discriminatory provisions governing the operation of Local Union's Referral Offices and its hiring hall procedures as set forth in Addendum I. Section 8 - PENALTY FOR FAILURE TO PAY FRINGE BENEFITS PENSION, VACATION SAVINGS, HEALTH & WELFARE, APPRENTICESHIP TRAINING, CONSTRUCTION INDUSTRY RESEARCH AND SERVICE TRUST FUNDS, EMPLOYEE CHECK -OFF, RETIREE MEDICAL SAVINGS, GRIEVANCE SETTLEMENT, JOINT GRIEVANCE AWARD OR ARBITRATION, AND/OR ATTORNEY FEES, LIQUIDATED DAMAGES, INTEREST, AND/OR OTHER FEES DUE TO THE FUNDS (A) Penalty - In the event the Union determines any employer -member of the Association or any Employer signatory to this Agreement fails to pay fringe benefits set forth in this Agreement and/or fails to have sufficient funds in the bank to pay checks issued to the member of the Union, the Union shall have the right to immediately withhold and withdraw the services of its members from such Employers and the right to strike and picket until such failure to comply has been corrected, provided, however, that the Union shall notify the employer-member's Association forty-eight (48) hours before of such violation prior to commencing such action. If any Employer fails to pay wages or fringes, the arbitration procedure herein provided for shall become inoperative and the Union shall be entitled to resort to all legal and economic remedies, including the right to strike and picket, until such failure to pay has been corrected, including penalties set out in Article V herein. This clause shall be inoperative if the amount of wages or fringes is bonafidely disputed. In such instance, the Employer shall then pay the wages or fringes admitted to be due and the balance shall be settled by the arbitration procedure as provided herein. (B) Penalty - Grievance Award Settlements - If any Employer fails to comply with grievance award or grievance settlement, the arbitration procedure herein provided for shall become inoperative and the Union shall be entitled to resort to all legal and economic remedies including the right to strike and picket until such failure to comply has been corrected. 12 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc (C) In the event the Union is entitled to recover its costs and attorney fees under any provision of this Agreement, and these costs are unpaid the Union shall be entitled to resort to all legal and economic remedies, including the right to strike until such failure to pay has been corrected. (D) Legitimate Picket Line - It shall not be a violation of this agreement or disciplinary action in the event an employee refuses to enter upon any property involved in a legitimate labor dispute or refuses to go through or work behind any picket line on the Union party to this Agreement and including picket lines at any Employer's place or places of business. Furthermore, an employee may refuse to cross any picket line when he fears bodily harm may be done to him. Section 9 - Bonding of Employer The Union may at its discretion demand payment bond of any Employer guaranteeing payment of all earnings and/or other Fringe Benefit payments as provided for in this Agreement. Section 10 - Job Steward The job steward shall be selected bythe Union from amongthe members of the Bargaining Unit employed atthe job site at the time of selection. The job steward shall be a working employee. The Union shall have the right to designate which employee shall be the steward or acting steward. The job steward shall have no special employment priority or security. In case of any minor difficulty, the steward shall be permitted reasonable time to adjust same. Section 11 - Discharge The Employer shall have the right to discharge any employee for just cause. The Employer shall notify the Union as soon as possible, but in no event later than the close of business on the second regular working day after such discharge. A normal layoff of an employee need not be reported to the Union. Section 12 - Regular Assigned Engineers The Engineers, or crew, regularly assigned to a piece of equipment shall be given preference when this piece of equipment is required to do work on Saturdays, Sundays, and Holidays, or other overtime or regular work day. Section 13 - Long Boom Pay All engineers operating cranes with booms of 90 feet up to 200 feet, including jib, shall be compensated an additional ONE DOLLAR ($1.00) per hour over and above the regular wage scale for operating such crane. All Engineers operating cranes with booms of over 200 feet, including jib, shall be compensated an additional ONE DOLLAR AND TWENTY FIVE CENTS ($1.25) per hour over and above the regular wage scale for operating such crane. Section 14 - Capacity Pay All engineers operating cranes and derricks with a manufacturer rated maximum capacity exceeding 50 ton with less than 90 feet of boom or jib shall be compensated an additional seventy-five cents ($0.75) per hour over and above the regular wage scale for operating such equipment. Long Boom Pay Section 13 and Capacity Pay Section 14 and Auger and Drill Pay as provided for in Section 15 or this Article shall not be pyramided. Section 15 - Augers and Drill Rigs All engineers operating crane mounted earth augers and truck mounted drill rigs shall be compensated an additional fifty cents ($0.50) per hour over and above the regular wage scale for operating such equipment. Section 16 All tunnel, shaft or enclosed underground work shall be paid at the rate of fifty cents ($0.50) above the regular negotiated rate for all work classification. All shifts will start above ground. Section 17 - Concrete Conveyor Systems Engineers on concrete conveyor systems will be present and assist when the conveyor system is being set up or dismantled, operated or moved. The Engineer will also maintain the generator running the system, an additional Engineer shall be required for each additional generator used and also an additional engineer shall be used if the conveyor system is set up in sections on different levels and is not one continuous set of conveyors. 13 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Section 18 - Creter Cranes Concrete conveyors mounted on rough terrain cranes (creter cranes) shall receive one-half (1/2) hour preparation time. When the creter crane is equipped with a conveyor system capable of extending seventy (70) feet or more, the engineer shall receive an additional fifty cents ($0.50) per hour wage increase over and above the regular rate of pay for operating the creter crane. Section 19 - Truck Mounted Concrete Pumps Truck mounted concrete pump operations shall require an operator. When such machine is equipped with a boom, which is capable of extending ninety (90) feet or more, the Engineer shall receive an additional twenty-five cents ($0.25) per hour wage increase over and above the regular rate of pay for operating the concrete pumps. Section 20 - Helicopters The use of helicopters (external loads) under the terms of this Agreement shall require a three (3) man crew, one (1) pilot and two (2) controllers. The pilot and controllers must have direct radio communications during the actual hoisting operation. The crew shall receive the hourly wage rate set forth in this Agreement for crane operators, and in addition, the pilot shall receive Long Boom Pay. Section 21- Bobcats Bobcats or machines of a like nature that are designed to use bucket attachments of various sizes and the manufacturer rates such machine capable of handling buckets of three -fourth (3/4) cubic yard or under, such machine shall be in Class IV (oiler) wage category. Bobcats or machines of like nature that are designed to use bucket attachments of various sizes and the manufacturer rates such machine capable of handling buckets of over three -fourth (3/4) cubic yard, such machine shall be in Class II wage category. Bobcats or machines of a like nature doing commercial or residential type work shall be classified Class V. Bobcat with attachments other than loader bucket to be classified as per attachment. Section 22 - Forklifts (A) Forklifts capable of hoisting and mechanically moving forks horizontally - Employees operating the above mentioned machine servicing less than six (6) bricklayers shall receive Class II rate of pay. (B) Forklifts with fixed or tilt masts - Employees operating forklift with fixed or tilt masts servicing less than six (6) bricklayers shall receive Class III rate of pay. Section 23 - Self -Erecting Tower Crane The use of self -erecting, self-contained, (excluding counter -weights), cranes under seven (7) tons without the potential ability to lift more than seven (7) tons on residential single-family construction projects, and multi -family residential housing construction projects not exceeding thirty total units or one hundred twenty feet (120') in height. The parties further understand that no oiler is required, but that provisions of Article IV, Section 12, "PREPARING EQUIPMENT", will apply to the operation of such equipment. If used on anything not mentioned above or on commercial projects, all terms and conditions of the building agreement shall apply, except no oiler is required, but preparing equipment shall apply, as long as the project does not exceed thirty total units or one hundred twenty feet (120') in height. Section 24 - Craft Foreman and/or Master Mechanic Where any Employer employs ten (10) or more employees in the Bargaining Unit on any one project, the Employer by mutual agreement with the Union, shall employ a Craft Foreman and shall pay such individual the wages provided for in this Agreement. It is understood that the craft foreman will perform various duties until ten (10) employees of the Bargaining Unit are employed. After ten (10) men are employed, the Craft Foreman shall not operate equipment or do any repair work, except in emergencies, or in the temporary absence of the regular operator. The Craft Foreman shall be the lead man of the ten (10) or more employees in the Bargaining Unit. Such individual, however, shall neither have the authority to nor shall he exercise any of the functions customarily exercised by supervisors within the meaning of the National Labor 14 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Relations Act, as amended. In no way shall such individual be deemed to be an agent of the Union. When twenty (20) or more members of the Bargaining Unit are employed on any one project, an Assistant Craft Foreman shall be employed. The Assistant Craft Foreman shall be a working assistant. On any shift other than the normal work day as set forth in this Agreement, where ten (10) or more members of the Bargaining Unit are employed, an Assistant Craft Foreman shall be employed who shall assume the duties of the Craft Foreman and shall be under the direction of the Craft Foreman. The Craft Foreman shall remain in the project if two (2) or more employees of the Bargaining Unit are working overtime. Employees on pump or dewatering systems are excluded in the count of such employees. If employees are only small equipment operators, then there shall be four (4) or more employees working overtime before the Craft Foreman shall be required to be on the project. ARTICLE VI Section 1- Wage Rates and Fringe Benefits The wages rates and fringe benefits for the respective classifications set forth below shall be effective on the dates indicated: FRINGE BENEFITS 611117 611118 611119 Health & Welfare $14.05 $14.50 $15.00 RMSP $2.25 $2.50 $2.75 Pension $9.30 $9.80 $10.30 Vacation $1.20 $1.20 $1.20 Apprenticeship $0.35 $0.35 $0.3S Const Ind Research & Service Trust Fund (CIRST) $0.10 $0.15 $0.15 Industry Advancement $0.15 $0.15 $0.15 WAGE RATES 611117 611/18 611119 Craft Foreman $30.05 $30.45 $30.85 Ass't Craft Foreman $29.55 $29.95 $30.35 CLASS 611117 611118 6/1/19 $29.05 $29.45 $29.85 ***Mechanic *Autograde *Batch Plant Benoto (requires two engineers) Boiler and Throttle Valve Boring Machine (Road) Bulldozers (with engines of 140 net horsepower or more) *Caisson Rigs / Tieback Combination Backhoe Front End loader Machine with over 1/2 cu. yd. bucket or with attachments *Central Redi-Mix Plant Concrete Conveyor Systems *Concrete Paver over 27E. cu.ft. Concrete Paver 27E. cu.ft and under *Concrete Placer Concrete Placing Boom Concrete Pumps/Grout Pumps (truck mounted) Concrete Tower ++**Cranes, Backhoes, and excavators, all attachments Cranes, self -erecting towers under (7) tons, Spider Cranes, Valla Cranes *Cranes, Hammerhead Creter Cranes 15 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.N CLINE MAY 19, 2017 mic *Derricks, all +Forklift capable of hoisting and mechanically moving Forks horizontally Grader, Elevating High lift Shovels or Front End loader (over three (3) yard bucket) Hoists, two or more drums Hydro Excavator Laser Screed Locomotive, all Motor Patrol Overhead Crane and Jib Crane **Pile Drivers and Skid Rig Pre -stress Machine Rock Drill (self-propelled) *Rock Drill (truck mounted) Scoops - Tractor drawn *Slip -form Paver Tourna pull Tractor with boom, and side boom Crane Certification when required and/or requested by Employer and/or Owner: FRICTION CRANE $2.00 ABOVE CLASS I HYDRAULIC CRANE $1.00 ABOVE CLASS I *Requires Oiler **Trenching Machines 12 or more inches in width **Requires Oiler pursuant to Article IV, Section 7 +See Article V, Section 22 ++Tower Crane Operator and Oiler shall receive 30 minutes climb time each workday. CLASS II 6117 6118 6119 $27.70 $28.10 $28.50 Air Compressor 600 cu. ft and over Bobcat (over 3/4 cu.yd.) Boilers Broom all power propelled Bulldozers (with engines of less than 140 net horsepower) Combination Backhoe Front End loader Machine with 1/2 cu.yd. backhoe bucket or under or with attachments Compressor and Throttle Valve *Concrete Breaker (truck mounted) Concrete Mixer of more than 21 cu.ft. capacity +Forklift with a fixed or tilt mast Greaser Engineer High lift Shovel or Front End loader (three (3) yd. bucket and under) Hoists, one drum Hydraulic Boom Trucks/Mantis Off Road Hauling Units - Including Articulated Post -hole Digger (vehicle mounted) Pump Cretes: squeeze cretes screw Type Pumps, Gypsum Bulker Pump Rollers, all Steam Generators Stone Crusher Straddle Buggies Tractors Winch Trucks with "A" Frame 16 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.J GARDNER.NCLINE MAY 19, 2017 mlc CLASS III 611117 Waa 6 $26.90 '$27.30 $27.70 Buck Hoist Combination - Small Equipment Operator Conveyor, portable Grouting Machines Hoist Elevators Mat'] and Personnel Hydraulic Power Units Grouting and Pile -Driving Lowboys Stud Welder Trenching Machines less than 12 inches in width Welding Machines 8 through 15 CLASS IV 611117 Willa $26.10 $2630 Bobcat (up to and including 3/4 cu. yd.) Compressor over 210 cu. ft. and less than 600 cu. ft. Generators - over 50kw Heaters, Mechanical Hoists, all elevators (perm. installation) Hoist, automatic Hoist, tugger single drum Oilers Pumps, Well Points and Electric -Submersibles Small Rubber Tired End Loaders 1/4 cu. yd. and under Tractors, farm type Welding Machines (2 through 8) CLASS 23.50 Bobcats (Commercial and Residential) + These wage classifications become effective June 1, 2003 and apply only where Employers have determined to assign the operation of such machinery to employees represented by Local 150. WINTER MAINTENANCE: Shop rates for operators shall be in effect from December 1st to April 1st, which rate shall be: (This clause does not apply to Mechanics.) 6117 611118 611119 $26.05 $26.45 $26.85 PERMANENT SHOP MECHANICS: Welders - Mechanics working in a permanent shop. When such mechanics work as field mechanics, they shall receive a field mechanic's rate of pay for the entire day. Permanent shop mechanic - welder rates do not apply to construction sites or shops adjacent to construction sites. Wage rate for Permanent Shop Mechanic Welder will be: HAZMAT PAY 6117 611118 611119 $27.05 $27.45 $27.85 LEVEL A $3.00 ABOVE CLASS I LEVEL B $2.00 ABOVE CLASS I LEVEL C & D $1.00 ABOVE CLASS I 17 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Section 2 - Wages and Fringe Benefits for Apprentices in all Counties Fringe Benefits for First and Second Year Apprentices FRINGE HENEFUS 6 1 1 611/18 611119 Health & Welfare $14.05 $14.50 $15.00 RMSP $2.25 $2.50 $2.75 Pension $7.30 $7.80 $8.30 Vacation $1.20 $1.20 $1.20 Apprenticeship $0.35 $0.35 $0.35 Const Ind Research & Service Trust Fund (CIRST) $0.10 $0.15 $0.15 Industry Advancement $0.15 $0.15 $0.15 Fringe Benefits for Third and Fourth Year Apprentices FRINQ BENEFITS 611117 611118 6119 Health & Welfare 14.05 $14.50 $15.00 RMSP $2.25 $2.50 $2.75 Pension $9.30 $9.80 $10.30 Vacation $1.20 $1.20 $1.20 Apprenticeship $0.35 $0.35 $0.35 Const. Ind Research & Service Trust Fund (CIRST) $0.10 $0.15 $0.15 Industry Advancement $0.15 $0.15 $0.15 Wages for all Apprentices WAGES 611117 611118 611119 1st year $22.00 $22.40 $22.80 2nd year $23.15 $23.55 $23.95 1st half of 3rd year $24.35 $24.75 $25.15 2nd half of 3rd year $25.55 $25.95 $26.35 1st half of 4th year $26.70 $27.10 $27.50 2nd half of 4th year $27.90 $28.30 $28.70 At the end of the fourth year, apprentices shall become Journeyman Engineers and shall be paid pursuant to the terms of the wage classifications set forth in this Agreement. In no event shall the rate of pay for apprentices exceed that rate provided for in the classification of machine the apprentice may be operating as contained in Article VI of this Agreement. Apprentices shall be paid according to the Apprenticeship Introduction Slip issued to the Employer and the Apprentice at the time the apprentice is dispatched by the Union to the Employer. The Introduction Slip must indicate the progress status of the apprentice. As the apprentice progresses in status, he shall be paid pursuant to the rates set forth in this Agreement. In addition to the above provisions for rates of pay, fringe benefit contributions shall be as provided for in this Agreement covering work being performed by said apprentices. 18 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLIN E MAY 19, 2017 mlc ARTICLE VII Section 1 - WELFARE FUND AND RETIREE MEDICAL SAVINGS (A) Welfare Fund Effective June 1, 2017, the Employer shall pay Fourteen Dollars and Five Cents ($14.05) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Effective June 1, 2018, the Employer shall pay Fourteen Dollars and Fifty Cents ($14.50) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Effective June 1, 2019, the Employer shall pay Fifteen Dollars and Zero Cents ($15.00) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund. Contributions to the aforesaid Health and Welfare Fund shall not constitute or be deemed wages due to the employee. It is understood and agreed that the Employer shall be bound to the terms and provisions of the Agreement and Declaration of Trust of the Midwest Operating Engineers Welfare Fund, and all amendments heretofore or hereafter made thereto, as though the same were fully incorporated herein. The Welfare Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Health and Welfare Fund shall not constitute or be deemed wages due to the employee. If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees. Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who: A. Is a shareholder, officer and/or director of the corporation or Employer; B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law) of a shareholder, officer and/or director of the corporation or Employer The Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours, twelve (12) months a year, based on the contribution rates established herein. Failure by the Employer to make timely payments shall result in such persons) not being eligible for benefits; such benefits shall be reinstituted upon back payment being made. However, such suspension of benefits shall not relieve the Employer of its obligations under this Section. It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a percentage of ownership of greater than 15%. Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per 19 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc month twelve (12) months a year. (B) Retiree Medical Savings All language as written in Section 1, Paragraph B of this Article shall apply to Section 1, Paragraph B Effective June 1, 2017, the Employer shall pay Two Dollars and Twenty -Five Cents ($2.25) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund's Retiree Medical Savings Plan. Effective June 1, 2018, the Employer shall pay Two Dollars and Fifty Cents ($2.50) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund's Retiree Medical Savings Plan. Effective June 1, 2019, the Employer shall pay Two Dollars and Seventy -Five Cents ($2.75) per hour for each hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare Fund's Retiree Medical Savings Plan. Section 2 - Pension Fund It is understood and agreed that there shall be continued a Trusteed Pension Plan known as the Midwest Operating Engineers Pension Fund. Effective June 1, 2017, the Employer shall be liable to contribute Nine Dollars and Thirty Cents ($9.30) per hour for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension Trust Fund. Effective June 1, 2018, the Employer shall be liable to contribute Nine Dollars and Eighty Cents ($9.80) per hour for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension Trust Fund. Effective June 1, 2019, the Employer shall be liable to contribute Ten Dollars and Thirty Cents ($10.30) per hour for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension Trust Fund. For apprentices see schedule in Article VI, Section 2. The Pension Fund has been established and shall be administered in accordance with the Labor Management Relations Act of 1947, as amended. Contributions to the Pension Trust Fund shall not constitute or be deemed wages due to the employee. It is understood and agreed that the Employer shall be bound by the terms of provisions of the Agreement and Declaration of Trust of the Midwest Operating Engineers Pension Fund, and all amendments heretofore or hereafter made thereto as though the same were full incorporated herein. The Pension Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to the employee. If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned TrustAgreement and shall be liable for contributions due, liquidated damages, interest and any other cost of collection; including, but not limited to, attorney fees. 20 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who: A. Is a shareholder, officer and/or director of the corporation or Employer; B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law) of a shareholder, officer and/or director of the corporation or Employer the Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours, twelve (12) months a year, based on the contribution rates established herein. It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a percentage of ownership of greater than 15%. Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per month twelve (12) months a year. Section 3 - Vacation Fund Effective June 1, 2017, the Employer shall pay One Dollar and Twenty Cents ($1.20) per hour for each hour wages are received by an Employee covered by this Agreement into the Local 150 IUOE Vacation Savings Plan. In computing the Vacation Pay per hour, the Employer is required to add the amount per hour to the employee's gross wages and then deduct the Social Security and Withholding Tax from the gross figure on each check. The Vacation Pay for each hour shall then be set aside for remittance to the Vacation Savings Plan. For apprentices see schedule in Article VI, Section 2. Each Employer bound hereby irrevocably appoints as his representative on the Board of Trustees such Trustees as are named in the Agreement and Declaration of Trust as Employer Trustees and their successors duly appointed as therein set forth, and agrees to be bound by all the terms and provisions of the Agreement and Declaration of Trust, Local 150 I.U.O.E. Vacation Savings Plan, and all amendments heretofore or hereafter made thereto, as though the same were fully incorporated herein. Payments accompanied by monthly reports on forms provided for same are due in the Vacation Savings Plan Office, 6150 Joliet Road, Countryside, Illinois 60525, not later than the tenth (10th) day of the following month for the preceding month. Report forms are available at the above address. However, if payment is not in by the twentieth (20th) day of the month, it shall be considered a violation of this Agreement and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees. Additional information and Employer code numbers can be obtained in the Vacation Savings Office at 6150 Joliet Road, Countryside, Illinois 60525. Section 4 - Apprenticeship and Skill Improvement Fund A Trusteed Apprenticeship and Skill Improvement Fund has been created and is known as the Operating Engineers Local 150 Apprenticeship Fund. Effective June 1, 2017, the Employer shall pay Thirty -Five Cents ($0.35) per hour for each hour wages are received by the Employees covered by this Agreement into the aforesaid Apprenticeship Fund. It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and Declaration of Trust of the Apprenticeship Fund, and all amendments heretofore or hereafter made thereto, as though 21 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc though the same were fully incorporated herein. The Employer further agrees to be bound by the terms of the Apprenticeship Standards established by Joint Apprenticeship Training Committee of the Northern Illinois and Northern Indiana Apprenticeship and Skill Improvement Program, as approved by the United States Department of Labor, Bureau of Apprenticeship Training. The Apprenticeship Fund has been established and shall be administered in accordance with the Labor Management Relations Act of 1947, as amended and all other applicable Federal and State Laws. The Apprenticeship and Skill Improvement Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to the employee. Contributions to the aforesaid Apprenticeship Fund shall not constitute or be deemed wages due to the employee. The sole liability of the Employer to the Apprenticeship Fund shall be the payment of hourly contributions as set forth in this Section; provided, however, that nothing herein shall be interpreted to release the Employer from its obligations under the Apprenticeship Standards as set forth above. If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees. Section 5 - Industry Advancement Fund The Employer shall be liable to contribute Fifteen Cents ($0.15) for each hour the employee receives wages into the Industry Advancement Fund. Payment shall be made to the Michiana Area Construction Industry Advancement Fund (MACIAF) at 3215A Maple Court, South Bend, Indiana 46628 or other such place as may be directed by MACIAF. The administration of this Fund shall be solely in the hands of the Association and no Employer shall pay or deliver any funds to any representative of his employees, except for actual services rendered, and provided further that any documents establishing such funds and any amendments thereto shall be first approved by the Union. An annual audit of the fund shall be made by a certified public accountant and the Association, at no cost to the Union, shall furnish a copy of the same to the Union. The Union, at all reasonable times, during regular working hours, upon request, shall have the right, through its representatives, auditors or attorneys, to examine the books and records of the Fund and to extract portions thereof and make copies. The Fund, the Trustees thereof, and the Association, agree to indemnify and hold harmless the Union, its officers, agents, representatives and members from any claim, suit, cause of action or otherwise as regard the creation of the fund, its administration or any act or action in connection therewith and such indemnity and agreement to hold harmless shall include the payment of costs and attorneys' fees on behalf of the beneficiaries of such indemnity and shall require immediate notification to the Union of any claim or potential cause of action which might, in any way, effect the Union, its officers, agents, representatives or members. Anything to the contrary notwithstanding, no expenditure from said Fund shall be made for any activity harmful or injurious to the Union or its members. In the event the Union objects to expenditure for reasons which it deems will be harmful or injurious to it or its members, the activity for which the expenditure is to be made shall cease, and no further expenditures in such connection shall be made. Without in any way intending to limit the nature of prohibited expenditures, no expenditures shall be made for any of the following purposes: 1. Promotion of legislation opposed by the Union or opposition to legislation favored by the Union. Subsidies, indemnities, or payment of any kind to contractors during, for or in connection with a period 22 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc period of strike, lockout, or work stoppage. 3. Litigation before any court or administrative body against the Union or any arbitration involving the Union or the payment of any expenses directly or indirectly involved in any such litigation. 4. Publicity or public relations campaigns in support of managements position respecting bargaining negotiations with the Union. The instrument creating the Fund shall contain the provisions of this sub -paragraph. Contributions of the Employer shall be forwarded to said Fund together with forms supplied for such purposes, not later than the tenth (loth) day of the following month. Contributions to the aforesaid Industry Advancement Fund shall not constitute or be deemed wages due to the employee. The sole liability of the contribution Employer shall be the payment of hourly contributions as provided above. Section 6 - Employee Check -Off (A) Dues Check Off Upon receipt of a written check -off authorization from an employee, the Employer agrees to deduct each week the applicable initiation fees and monthly dues uniformly required for obtaining and maintaining membership in the Union from the pay of each employee covered by this Agreement and shall remit the same to the Union, together with an itemized statement of such deductions. No deductions shall be made which are prohibited by applicable law. Payments, accompanied by monthly reports on forms provided shall be submitted to the. Report forms are available at the above address. IUOE Local 150 Administrative Dues maintains a place of business at 6200 Joliet Road, Countryside, Illinois 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (201h) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to the employee. However, if payment is not received by the twentieth (20th) day of the month, it shall be considered a violation of this Agreement and the Union shall be permitted all legal and economic remedies including the right to strike and picket until such failure to pay dues deducted, plus liquidated damages of ten (10%) percentthereon, interest and other costs, including, but not limited to, attorney fees. It is the intention of the parties that such deductions shall comply with the requirements of the Section 302(c) (4) of the Labor --Management Relations Act of 1947, as amended, and that such deductions shall be made only pursuant to written assignments from each employee on whose account such deductions are made, which assignment shall not be irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs sooner. The Union agrees that it will indemnify and hold harmless the Employer from any and all claims, suits, causes of action, or otherwise, as regards the creation and administration of the dues deduction established by this Section. (B) Local 1S0 - Federal PAC Check -Off The EMPLOYER will deduct five cents ($.05) for each hour that the employee receives wages under the terms of this Agreement, on the basis of individually signed, voluntary authorized deduction forms and shall pay over the amount so deducted to the International Union of Operating Engineers Local 150 Political Action Committee ("IUOE PAC'), 6200 Joliet Road, Countryside, Illinois 60525. It is agreed that these authorized deductions for the IUOE PAC are not conditions of membership in the International Union of Operating Engineers, Local 150, or of employment with EMPLOYER and that the IUOE PAC will use such monies in making political contributions in connection with Federal elections. Payments to the IUOE PAC, accompanied by monthly reports on forms so provided by the International Union of Operating Engineers, Local 150, shall be remitted at the same time as required for the monthly pension and welfare 23 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDN ER.NCLINE MAY 19, 2017 mlc welfare payments on a separate check made payable to the IUOE PAC at the above address. The IUOE PAC Fund maintains a place of business at 6200 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to the employee. However, if payment is not received by the twentieth (20th) day of the month, it shall be considered a violation of this Agreement and the Union shall be permitted all legal and economic remedies including the right to strike and picket until such failure to pay Federal PAC deducted, plus liquidated damages often (10%) percent thereon, interest and other costs, including, but not limited to, attorney fees. The Union agrees to indemnify and hold harmless the Employer, from any claim, suit, cause of action, or otherwise with regard to creation of this Dues Deduction, its administration or any act or action in connection therewith and such indemnity and agreement to hold harmless shall include the payment of costs and attorneys' fees on behalf of the beneficiaries of such indemnity. The Employer and the Union agree to bear their own respective costs incurred in administering the payroll deductions to the IUOE PAC. Section 7 - Construction Industry Research and Service Trust Fund Effective June 1, 2017, the Employer shall pay Ten Cents ($0.10) per hour for each hour for which Employees receive wages under the terms of this Agreement into the Construction Industry Research and Service Trust Fund. Effective June 1, 2018, the Employer shall pay Fifteen Cents ($0.15) per hour for each hour for which Employees receive wages under the terms of this Agreement into the Construction Industry Research and Service Trust Fund. It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and Declaration of Trust of the construction Industry Research and Service Trust Fund, and all amendments heretofore or hereafter thereto, as though the same were fully incorporated herein. The Construction Industry Research and Service Trust Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to the employee. If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of the month, the employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement and shall be liable for contributions due, liquidated damages, interest and any other costs of collection; including, but not limited to, attorney fees. ARTICLE VIII Section 1- Grievance and Arbitration For the purpose of this Agreement, the term "Grievance" is any claim or dispute involving an interpretation or application of the Agreement by an employee, or an Employer, or the Union, or the Association that one or the other of the aforesaid persons or organizations is violating or has violated this Agreement. All grievances shall be filed under the provisions of this Article. 24 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.) GARDNER.NCLINE MAY 19, 2017 mlc STEP ONE: A grievance shall first be taken up between the Union's designated representative and a designated representative of the Employer. STEP TWO: In the event that the grievance cannot be resolved within six (6) working days of the Step One conference, it shall be reduced to writing and referred for conference and resolution by designated officials of the Union and the Association or the Employer as the case may be. STEP THREE: In the event the grievance cannot be resolve by the Step Two conference the aforementioned written grievance shall be submitted immediately to the Joint Grievance Committee created in the Article. The Union and Association shall together create a Joint Grievance Committee to resolve grievances arising under this Agreement. This Committee shall consist of an equal number of members representing Employers and the Union. The Union or Association may appoint alternate members. The Joint Committee has formulated rules of procedure to govern the conduct of its meeting and such rules for processing of grievances are not in conflict with this Agreement. The Joint Committee shall have the power to resolve all grievances before it and shall have the rightto examine all records of the Employers and employees as is reasonably necessary to resolve the grievance. The Joint Grievance Committee shall have the authority to determine and assess remedies for violations of this Agreement; including, but not limited to an award of back pay and equivalent benefits to the Local 150 Assistance Fund. Where the Joint Grievance Committee, by majorityvote, resolves a grievance, no appeal maybe taken and such resolution shall be final and binding on all parties and individuals bound by this Agreement. If the Joint Grievance Committee is unable to resolve a grievance by majority vote, the grievance may be submitted within thirty (30) days to a neutral arbitrator. If the Union and the Association cannot agree on an arbitrator, then an arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration Association. The cost of such arbitration shall be borne equally by both parties to the arbitration; and the decision of the arbitrator shall be final and binding on all parties and individuals bound by this Agreement. If the Joint Grievance Board is unable to schedule a Joint Grievance Committee meeting within thirty (30) calendar days after receiving notice of a Joint Grievance Committee meeting request the Union may proceed to arbitration. The time limits provided in this Section may be extended by mutual written consent of the Union and the Association. Neither the Joint Grievance Committee nor an arbitrator shall have any authority to add to, detract from, or in any way alter the provisions of this Agreement or make a new Agreement. There shall be no lockout by an Employer during the term of this Agreement. Except as provided in Article V, Section 8, Paragraphs A, B and C of this Agreement, there shall be no strikes or work stoppages by the Union during the term of this Agreement. Section 2 - Jurisdictional Award Unless determined by Jurisdictional Award as hereinafter set forth, all work that had been heretofore performed under agreement or by custom or by area practice with any other local organization shall continue to be so performed until such Jurisdictional Award is made. Whenever a jurisdictional dispute shall arise between local labor organizations, the provision of this Agreement shall prevail until a Jurisdictional Award has been made by the proper Jurisdictional Board of International Unions of which the local disputing Labor Organizations are members. The Employer agrees to abide by such Jurisdictional Award, but there shall be no work stoppage while the settlement of the dispute is pending. It is further agreed that the Employer will abide by such mutual agreement reached between the Local Union and other Local Unions and the International Union. 25 MICHIANA BUILDERS ASSOCIATION INC FINAL D FAGAN.] GARDNER.N CLINE MAY 19, 2017 mlc ARTICLE IX Section 1 - Affirmative Action The Union agrees to participate in an Affirmative Action Program that is agreed upon between the Union and the Michiana Builders Association, Inc. or to participate in an existing plan known as the South Bend Home Town Plan. Section 2 - No Discrimination It is understood and agreed that the Employer shall not discriminate against any member of the Union, any of its Officers, its Stewards, or any member serving as a member of a committee authorized by the Union. In the application of provisions of this Agreement, there shall be no discrimination by the Employer or the Union against any individual because of such individual's race, color, religion, sex, age or national origin, and when the words in the masculine are used herein it shall include the feminine. ARTICLE X Section 1- Savings Clause Any provision contained herein that is contrary to or held to be in violation of the Labor Management Relations Act of 1947, or any federal or state law now in force or hereafter enacted, or hereafter becoming effective shall be void and of no force, or effect, and this contract shall be construed as if said provision herein were not a part hereof, it being intended, however, that the other provisions of this contract shall not be affected thereby. It is further agreed that should compliance with any federal or state law, or amendment thereof, or any order or regulation issued there under, now or hereafter in force and effect prohibit the carrying out of any of the provisions of this Agreement, then to the extent of such deviation or prohibition, this Agreement shall be deemed to have been automatically amended, effective on the effective date of such law, order or regulation. Such amendment to this contract shall remain in effect only so long as said law, amendment, order or regulation continues in force, or until the expiration of this Agreement, whichever event shall first occur. Section 2 - UNIFORMITY In the event that any other Employer or Employer group reaches an agreement with the Union covering the same work as this Agreement, that is any more favorable than a term of this Agreement, then at the option of Michiana Builders Association such more favorable provisions shall become a part of this Agreement, as of the effective date of the more favorable provision. The Union shall notify, by certified mail within seven (7) calendar days of entering into any agreement with any other employer or employer group covering the same work as is covered by this Agreement, the Michiana Builders Association and provide it with a copy of any other labor agreement now or hereafter negotiated with anyone else covering the same work as this Agreement but containing any different terms and conditions. The Michiana Builders Association shall notify the Union, by certified mail within seven (7) calendar days, of its intent to utilize the more favorable terms. During the term of this Agreement, Michiana Builders Association may request the Union to provide a list of employers who have signed a Memorandum of Understanding adopting the terms of this Agreement. ARTICLE XI Section 1- Credit Union Deductions The Company agrees that upon receipt of properly executed Voluntary Payroll Deduction Authorizations they shall make payroll deductions from the same pay period each month. Such deductions shall be on constant amounts on behalf of employees that are members of Local 150, I.U.O.E., Credit Union. Deductions shall be prior to the twentieth (20th) day of each month. Remittance of the accumulated deductions of the previous month, with a list indicating the name, social security number and amount remitted for each member, will be made for each member to the Local 150, I.U.O.E., Members Credit Union, 6240 Joliet Road, Countryside, Illinois 60S25. 26 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc ARTICLE XII ENTIRE AGREEMENT OF THE PARTIES This represents the entire Agreement of the parties, it being understood that there is no other Agreement or understanding, either oral or written. The Employer understands that the Union is a fraternal society and as such and, in keeping with the provisions of the Labor Management Relations Act of 1947, as amended, has the right to prescribe its own rules and regulations with respect to the acquisition or retention of membership in the Union or with respect to any other matters for its own use. However, such rules and regulations whether contained in the By -Laws, Constitution, or otherwise shall have no effect directly or indirectly upon this collective bargaining agreement, any employment relationship or the relationship between the parties. ARTICLE XIII Agency The Michiana Builders Association, Inc. signs this contract as Agent for and with the consent of each of the member contractors thereof. Each Contractor and Local Union 150 shall not be responsible for the acts of any other Union, and similarly, each Contractor shall be responsible for his own acts only. ARTICLE XIV EFFECTIVE TERMINATION DATES AND NOTIFICATION The Agreement shall be effective as of June 1, 2017 and shall continue in full force and effect until May 31, 2020. The Parties shall give notice at least sixty (60) days prior to May 31, 2017of the desire to negotiate a new Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2017, MICHIANA BUILDERS ASSOCIATION INC INTERNATIONAL UNION OF OPERATING 3215-A Sugar Maple Court ENGINEERS LOCAL 150 AFL-CIO South Bend, Indiana 46628 (574) 288-4777 Shawn O'Brien, Executive Director James M Sweeney, President/Business Manager Steven M Cisco, Recording -Corresponding Secretary David A Fagan, Financial Secretary 27 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc The Union and the Association together shall create a Competition Committee This Committee shall consist of an equal number of members representing the Employer and Union with no less than three (3) persons from each group. The Union and/or Association may appoint alternate members. The purpose of the Competition Committee is to monitor the unfair non -union competition in the industry. The Committee shall take those steps necessary to keep parties to the Agreement competitive in the market area covered by the geographic boundary of the Agreement. For the Association: For the Union: 28 MICHIANA BUILDERS ASSOCIATION INC FINAL D FAGAN.JGARDNER.N CLINE MAY 19, 2017 mlc CONTRIBUTIONS TO BUILDING AND CONSTRUCTION RESOURCE CENTER, INC. Various Employer Associations under this Agreement and the Union are members of Building and Construction Resource Center, Inc. (hereinafter "BCRC"), a non-profit corporation, that was formed to provide services in the construction industry concerning alcohol, drug and other substance abuse. Each Employer under this Agreement shall pay to BCRC the sum of ten cents ($0.10) per hour for each hour worked by each of its employees covered by this Agreement. Each Employer is obligated to make such contributions, regardless of whether or not such Employer is a member of BCRC. Payments required to be made to BCRC shall be deemed to be governed by the provisions of this Agreement pertaining to the collection of the Health & Welfare and Pension payments required to be made bythe Employers and thus, may be enforced in the same manner. Payments shall be payable to Building and Construction Resource Center, Inc. (BCRC), 6050 Southport Suite B, Portage, Indiana 46368. The Board of Directors of BCRC will have full audit authority of the Employer's books and records as they pertain to this contribution. BCRC shall notify the Union of any failure to test under this Article and of any positive test result. 29 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc INTERNATIONAL UNION OF OPERATING ENGINEERS Local 150 MAIN OFFICE 6200 Joliet Road, Countryside, IL 60525 (708)482-8800 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150 DISTRICT 6 1001 N Michigan Street, Lakeville, Indiana 46536 (574) 784-3694 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150 DISTRICT 7 2193 West 84th Place, Merrillville, IN 46410 (219)736-7710 TRAINING SITE AND APPRENTICESHIP OFFICE 19800 w South Arsenal Road, Wilmington, IL 60481 (815)722-3201 MIDWEST OPERATING ENGINEERS BENEFIT FUNDS OFFICE 6150 Joliet Road, Countryside, IL 60525 (708)482-7300 Toll Free Numbers to Call: Members in Indiana, Michigan, Wisconsin and Iowa (800)323-3060 MIDWEST OPERATING ENGINEERS CREDIT UNION 6240 Joliet Road, Countryside, IL 60525 (708)482-9606 30 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc JAMES M SWEENEY President -Business Manager KEVIN C BURKE Vice President STEVEN M CISCO Recording Corresponding Secretary DAVID A FAGAN Financial Secretary MARSHALL E DOUGLAS II Treasurer Local 150 affiliated with the AFL-CIO and Building Trades Department 31 MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc "4? UD y r� WORKPLACE DRUG AND ALCOHOL ABUSE F.29 The use, possession, transportation, solicitation or sale of alcohol or drugs (illegal drugs or unprescribed drugs) by anyone while on Company business or premises is absolutely prohibited. In addition, the Company prohibits any employee being at worts or working under the influence of alcohol or drugs, irrespective of the degree of physical or mental impairment the employee may be experiencing. This policy includes the intentional misuse of prescribed drugs as well as the illegal use of unprescribed drugs. Any violation of these rules by any employee while on company business or premises will be cause for disciplinary action, ranging from verbal or written reprimand to immediate discharge and referral to law enforcement agencies. The term "company premises" includes all property, buildings, structures, jobsites, parking lots and means of transportation owned by or leased to the company or that which is under the control of the company, the responsibility of the company or otherwise being utilized for company business. In an effort to establish a drug free work place for the safety of its employees, Larson Danielson Construction Co. Inc. will adhere to a drug testing program consisting of, but not limited to initial employment screening, scheduled random testing, and post -accident testing. Consequences for a positive test: Any employee who fails a drug test will be disciplined in the following progression: (A) After the first positive test, an employee will be: (I) suspended from work for thirty (3,0) days; (ii) directed to a program of treatment of rehabilitation; and (iii) subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work. (B) After a second positive test, an employee will be: (i) suspended from work for ninety (90) days; (ii) directed to a program of treatment or rehabilitation; and (iii) subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work. (C) After a third or subsequent positive test, an employee will be: (I) suspended from work for one (1) year; (!I) directed to a program of treatment or rehabilitation„ and (iii) subject to unannounced drug testing for one (1) year; beginning the day the employee returns to work. . In addition, all BCIC policies and procedures relating to drug and alcohol abuse, as detailed in the Health and Safety Manual, are relevant and applicable to this Company policy. Larson Danielson reserves the right to accept a standardized drug testing program, so long as said program contains similar criteria to that which is listed above. Post -accident drug testing will be required for all injuries requiring treatment beyond first aid, and any property damage accident where there is more than one thousand dollars damage. In all post -accident drug testing the Express result testing, where available will be administered at the BCRC required testing facilities geographically located closest to the jobsite. Testing may also occur if there is reasonable concern that an employee is under the influence of alcohol or a controlled substance. L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\Work Place Drug and Alcohol Abuse F_29.docx1 of 1 1 /1 /08 September 1.7, 2019 City of South Bend, Board of Public Works 227 West.Jefferson fflvd, South Bend, Its 46601 Ile! Larson -Danielson Construction Co., Inc. Century Center Parking Lot Gateway Improvements (REBID) To Whom It May Concern: The Ohio Farmers Insurance Company part of the WestfieId insurance group of companies is listed on the Federal Treasury List of Approved Sureties, Ohio Farmers Insurance Company has an A.M. Best Rating of "A" (Excellent) with a FinancW Size Category of "XIV". Ohio Farmers Insurance Company has been the surety for Larson-Daniellson Construction Co., inc. for 31 years and CUrrently are willing to corusider bonds in the $75 million range with backlogs exceeding $1.50 million. Larson-Dani6son Construction Co., Inc. is currently in good standing with Ohso Farmers Insurance Company, they are a valued client and our Pxf.)erience with this contractor has been most satisfactory. We are more tl­ian willing to consider providing bonds on any proct that Larson- Daniellson Construction Co,, Inc, may seek to obtain. Our approval of such a request would be conditioned upon applicable underwriting considerations at the time of the bond request. This letter is not an assumption of liability. We have issued this letter only as a bonding reference requested by our client, We are proud to recornimend this fine organization to you. Should you require additional inforniation regarding Larson -Danielson Construction Co,, Inc, I,)ond probiraai, please feel free to contact our office, GENERAL INSURANCE SERVICES, INC, Chris Men Cin behallf of Ohio Farmers Insurance Company Cornrnercial Lines Service La Florte l NArdhiglan Obj,, l lvlalpara',o M Hobart THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME . POWER N AND ISSUED PRIOR TO OS/031'17. FOR ANY PERSON Oft PERSONS NAMED BELOW, General Power of Attorney CERTIFIED COPY POWER NO. 1304762 01 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westrield Center Ohio Know All M a Those Presents; That YWESTFIELD INSURANCE COMPANY, 'YWESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INISU E COMPANY, carporations, hereinafter referred to AindividuaOy as a "Gown�rany"' aril collectively as "Companies," duly organized and existin under the laves of the State of Ohio, and having Its Principal alhoe in + esllield Center, Modino Counly, Ohio, do by these ppresents awkie, const lute and a int DANIEL D. KAMINSKI, fHEODOf�J,. TAYLOR. RONALD L. ROSEN!BAUM, PAMELA S. TERZIINO, MARSHA K. WEISS.. MELINDA K YATES, CHRISTINE A. ALLEN, CATHERINE IE; MYERS, BETHANI MORRIS, KAY14Y 0. "ENRICH, JOINTLY OR SEVERALLY of LA PORTE and Stale of IN its Eerie and lavifal Altorrtey(s)-#n•Facl, with full power and auttrorily hereby conferred In its name, place and stead; to dxocvle, acknowledge and deliver any and all bonds• recognixances, undbrtakings, or ather Instruments or Contracts of surer hi OR BANK DEP06CfOftY' BONDS. CANNOT BE USED -TO EXECUTE NOTE • GU - . - . - ..... . LlM'rATIO�ty TtI,IS POWER OF ATTORNEY ARANTEE MORTGAGE. DEFICIENCY, MORTGAGE and to bird oP the Cotnpan(es tl reby as fully and to rho same extent as If such Fonds were signed b the President. seated ith the corporate ealpof thew applicable Company atiid dui attested by its-SeCr�ry, here rat nyg and txanf#rnting a1I that the Said Attorney(s)-1at•Fecl MAY 00 In "�gE ItipU�O�h+teAY eSYlte N Ibt7Nl�blh�SdUItGOialN�whlY endI12 �E 15fBlf�iCfCMPtot�rPs't''di' each of Olt 8e ft l7esolved, trier the ProsldartL any St ni'or Executive, any 5acrotary nr any Ff f#ty Surely (7perat#on3 E'xeCutiva, or other Executive shall be and #s her olay vested with full powW r and authttrlty io appairVl any one or more su#table persorws as Altorrway(s)4n-Fect to represent and ad for' and an behair of the Company sub ect to the tollawrinn� Puovlslons: The Altornoy�fn�FOcf, may� be given full poWw ar, trmaol audrorrly rear and In rho narrtet ewf atrad n belra tf of die Cornpany, to execute, acknowledge and deriver, any and all ponds, rerxsgnixances, contracts agreaft+tints or Indemn ty and other condltlonai or obllgahary, undertakings and any�and all notices and documents canceling or, terminating the: Corepany s liability �9,ereurider, end, any such fastrttrrtords, so executed by any 3udi Altorrtrr)r #n•Fact shall be as ltlntling upon the :Company es If s1gr b�y ills Pras#doa and seated and auesled by the Corporate 'Secretary. "Be wt Ftrrtkrar R wspfved, that tpo s nature rtf on such dras+gnalatl °parsolt 6 pd the sbal,of tare Cotnpan heretoforrt or hereafter affixed to any Paawvar of attorne�t or any certificate reatin thareltt b fans#mlla and an pourer of atlarnay ar cortlf#rata Rearing (acsRnrlle signatures or facsimilew seal shall ba vend °and tairtrllrfg open ltiti ttrtlpany wv tit rtrspact Io and and or underiallNng to° wvhlClt Nt ls• aWacired." (EaCh adopted at a meeting bald°anFebrlt B.ZOtitl)° In Wdfrras �r�af YWESiFIELO INSURANCE COMPAIWY, tNESTFIELO NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY crave carxsed tFaese preyants let tea signed by drelr Nallonal Surety Uiaeler and Senior Executive and their corporate seats to be hereto affixed ibis 03rd days of MAY A.0 , 20 t7 . Gorpoar twz �t �GA x........ 4 ,.,. W ES,TFIEI () INSURANCE COIWMI'AtwIY Seals+r , , o° wE6"rFIEI.D VAflOihlA INSURANCE COMPANY xed wP i r "��w (�,"''" COMPANY Aftl OPi FARMERS INSURANCE Ic �ww -IV 0 "r By: .�rro,.n.r".V"�" State or Oltlo Dennis-P. Batts, National, uriaty, Leader and county of Medina ss: Senior F'x6600ti . On this 03rd day of MAY AX)', 2017 . berdrr; ana,Persopally tame Dennis P. Baus„t) me kr)ow h,'wft. being`by me duly sw06,Aid Ile .drat he resides In Woo3ttltr,,ohla„ flier ha.fs Nttbonal; Starer' Lioad r arid, Senior Executive or WESTFIELD INSURANCE' Gt�MPANY, VWNr TFIELO NATIONAL INSURANCE COMPANIY and f IilfJ FARIIIpRSiIV I iR N(b COOivIf?ANY, the companies described in and which eachereto by aC+uled that atrrtve Instrurn nt that he krtavvs� seals of said omPaatlesa,dtat the seais,affikerl to said,Instrurnent are sudi corporate SOWS; that they were so a flwti Ity order"of Ikte Boards o Ol'rectors of salii'CamPanies aatf drat he 3lgnad hIs nawne tBice order, f�oiarial` w *++w Affixed A t fixed . David A, Kotnik, Aiiorney at, Lowy, Noiary° Public State of Ohio rN o My iCommfsslon Does Not Expir6.( eL 147.04 Ohio Reivised Code) Cauniy of Medina ss.: +� I. Frank A. Carrino, 'Secretary of WWESTFIELD INSURANCE COMPANY, WESTF'IELD NATIONAL INSURANCE COMPANY and OHIO FARMER'S INSURANCE. COMPANY, do' hereby certify that the abovb.and foregoing is a true and correct copy or a Power of Attorney, excwled by said Co anics, vwhich Is still In full forcae and effect, and furthermore, the resolutions or the Boards of Directors, set out in lire Ptivraar of Attariway are in roll force and arCcl fnLWltness Whereof,�r� l77 pphave hereunto sett my hand and affixed theseals or sa-id Companies at 'W�iestfield Center, Ohio, this C� day oI October Myyn I�2010 1"W .0110 SEA. «�' saatvtary r "•, ry et"B B,: Frank'A. Carrino, Secretary. BPOAC2 (c6mbined) (0&02) 0 �) MULARSON _I IELSON Constriction Company, Inc. QUALM CONSTRUCTION SINCE 1908 September 24, 2019 City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Tax Delinquency Status PROJECT; Centu Center Parking Lot Gateway Improvements REBID To Whom it May Concern, 302Tyler Street • LaPorte, Indiana 46350 (219) 362-2127 • FAX (219) 362-2848 Larson Danielson Construction Company, Inc. has not had any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the last five years. Sincerely, Patti O'Brien Chief Financial Officer NTp LARSON DANIELSON �W 17CONSTRUCTION CO,, INC. � www.ldconstruction.com Equal Opportunity Employer Larson -Danielson Construction Company —Project Experience List Client: Project: Architect Value: Comp: Allegius Credit Union Interior Renovations @ MPA Architects $ 241,000 2014 Burns Harbor South Bend, IN Burns Harbor, IN American Renolit Calendar # 35 Renovation Frost Engineering & $ 1,302,000 2018 La Porte, IN Consulting Mishawaka, IN Appletree Ventures, LLC Storage & Truck Wash Larson -Danielson $ 4,215,000 2018 Addition Construction Co., Inc. Valparaiso, IN La Porte, IN Axelberg Wisconsin aka General New Plant and Office InterActive Studio $ 15,580,000 2018 Sheet Metal Works South Bend, IN Grand Rapids, MI Axelberg Wisconsin, LLC B & B Manufacturing B & C Featherbone, LLC Balfour Beatty Construction Park Infrastructure Danch, Harner & South Bend, IN Associates South Bend, IN New Plant Office Larson -Danielson La Porte, IN Construction Co., Inc. La Porte, IN Expansion of Journeyman DkGr, LLC Distillery Indianapolis, IN Three Oaks, MI $ 1,500,000 2016 $ 3,700,000 2016 $ 2,115,000 2016 New Children's Hospital Zimmer, Gunsul, Frasca $ 794,000 2018 BP 8A & 6B Portland, OR South Bend, IN Barton Malow Company Campus Crossroads The S/L/A/M $ 680,000 2017 Isolation Mats Collaborative Remington, IN Glastonbury, CT Barton Malow Company UND CC BP8B-18 East, The S/L/A/M Collaborative $ 2,007,000 2018 West & South Gen. Trades Glastonbury, CT Notre Dame, IN Barton Malow Company UND CC South Building The S/L/A/M Collaborative $ 2,800,000 2018 BP 9C — 19 Glastonbury, CT Notre Dame, IN Barton Malow Company UND CC BP 13 Millwork The S/L/A/M So L4 Wood Ceiling Collaborative $ 127,000 2017 Notre Dame, IN Glastonbury, CT Barton Malow Company UND BP 14 Stadium Integrated Design $ 1,125,000 2016 Winterization Solutions Norte Dame, IN Troy, MI L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I_40.docx 9/16/19 1 of 15 Larson- Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: Beacon Health System Concrete/Masonry @ Zimmer, Gunsul, Frasca $ 1,490,000 2017 Memorial South Bend Portland, OR Energy Center Expansion South Bend, IN Blue Chip Casino, LLC Natural Gas Conversion Falk PLI Engineering $ 950,000 2015 Michigan City, IN & Surveying Portage, IN Blue Chip Surgical Partners Center for Minimally Boulder Architects $ 2,266,000 2014 Invasive Surgery Boulder, CO Munster, IN Boeing Company Floor Tile Replacement Not Applicable $ 524,000 2014 Project Chicago, IL Boeing Company Millwork Project Not Applicable $ 834,000 2014 Chicago, IL Boeing Company Restroom Partition Project Not Applicable $ 172,000 2014 Chicago, IL Boeing Company Restroom Upgrades 22nd, Panto-Ulema $ 332,000 2015 23rd & 24th Floors Chicago, IL Chicago, IL CBRE, Inc. c/o Boeing Company Curtain Wall Modification Klein & Hoffman, Inc. $ 993,000 2015 Chicago, IL Chicago, IL CBRE, Inc. c/o Boeing Company Modifications to 1st & Klein & Hoffman, Inc. $ 245,000 2014 16th Floor Restrooms Chicago, IL Chicago, IL CBRE, Inc. Fifth Third Bank 2"d Floor Earles Architects & $ 185,000 2015 Renovations Associates Valparaiso, IN Schererville, IN Carisse Corns, Dr. Growing Smiles New Larson -Danielson $ 228,000 2014 Dental Office Construction Co., Inc. Valparaiso, IN La Porte, IN Carmeuse North America Silo Foundation Enspect, Inc. $ 825,000 2016 Gary, IN Merrillville, IN Carmeuse North America Alt Fuel Metal Buildings Enspect, Inc. $ 280,000 2016 Gary, IN Merrillville, IN Carmeuse North America Equipment Foundations L B & W Engineering $ 400,000 2016 Portage, IN Allentown, PA L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I,,,_„40.docx 9/16/19 2 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Com Carmeuse North America Lime Terminal Foundations Enspect, Inc. $ 1,820,000 2016 Buffington Harbor Merrillville, IN Gary, IN Carmeuse North America Kiln Concrete at Enspect, Inc. $ 650,000 2014 Buffington Harbor Merrillville, IN Gary, IN Carmeuse North America Slab on Grade Enspect, Inc. $ 690,000 2014 Gary, IN Merrillville, IN Chesterton, Town of Thomas Park Remodel James F Giannini & $ 260,000 2019 Chesterton, IN Associates Chesterton, IN City of Hobart Redevelopment Festival Park Gateway Ratio Architects $ 565,500 2014 Commissioners Phase I Indianapolis, IN Hobart, IN City of La Porte City Hall Renovation The Troyer Group, Inc. $ 1,120,000 2014 La Porte, IN Mishawaka, IN Come About, Inc. Redamak's Remodel Spalding Design Group $ 740,000 2018 (dba Redamak's) New Buffalo, MI Mishawaka, IN Community Foundation of SMMC Delivery Suite Shive Hattery $ 1,935,000 2018 Northwest Indiana Remodel Valparaiso, IN Hobart, IN Community Foundation of SCH Administration Carras-Szany-Kuhn $ 480,000 2015 Northwest Indiana Remodel/Addition Associates East Chicago, IN Schererville, IN Community Foundation of TCH-MRI Suite Renovation VOA Associates, Inc. $ 581,400 2015 Northwest Indiana Phase I Highland, IN Munster, IN Crown Point Community CPCSC-Multi-District Schmidt Associates $ 1,033,000 2018 School Corporation Projects Indianapolis, IN Crown Point, IN Crown Point Community CPCSC District Wide Carras-Szany-Kuhl $ 600,000 2014 School Corporation Security Upgrades Schererville, IN Crown Point, IN Cross Pointe Christian Church Building Additions Larson -Danielson $ 332,000 2016 Valparaiso, IN Construction Co., Inc. Valparaiso, IN Culver Academies Flag Pole Plaza Larson -Danielson $ 195,000 2017 Culver, IN Construction Co., Inc. La Porte, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I_40.docx 9/16/19 3 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: D.A. Dodd, Inc. HVAC Improvements @ Odle, McGuire Shook $ 250,000 2015 Boston Middle School Architects La Porte, IN Indianapolis, IN D.A. Dodd, Inc. HVAC Improvements @ Odle, McGuire Shook $ 272,000 2015 Kesling Middle School Architect La Porte, IN Indianapolis, IN East Chicago, City of New Community Center Short Elliott Henderickson $ 2,505,000 2018 Site Package # 1 Appleton, WI East Chicago, IN East Chicago, City of New Community Center Short Elliott Henderickson $ 2,700,000 2019 Site Package # 2 Appleton, WI East Chicago, IN Eastern Pulaski Community Eastern Pulaski Gibraltar Design $ 4,065,000 2017 School Corporation Elementary School Indianapolis, IN Winamac, IN Eastern Pulaski Community Bid Package # 1 Gibraltar Design $ 2,700,000 2017 School Corporation Winamac Community Indianapolis, IN Middle & High Schools Winamac, IN Elkhart General Hospital West Wing Vertical Anderson Mikos $ 5,700,000 2016 Expansion Architects Elkhart, IN Oak Brook, IL Elkhart General Hospital Tenant Improvement at Anderson Mikos $ 1,705,000 2016 West Wing Vertical Architects Expansion Oak Brook, IL Elkhart, IN First Source Bank New Branch Bank Hebard & Hebard $ 1,370,000 2015 Valparaiso, IN Architects South Bend, IN First Source Bank New Banking Center Hebard & Hebard $ 1,222,000 2017 North Calumet Architects Valparaiso, IN South Bend, IN First Source Bank New Warsaw Branch Bank Hebard & Hebard $ 2,864,000 2017 Warsaw, IN Architects South Bend, IN G.E. Marshall, Inc. Site Concrete @ Howmet Not Applicable $ 415,000 2015 La Porte, IN GPI, LLC LTA Classroom Facility GPD Group $ 503,000 2017 Kingsbury, IN Marion, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I, 40.docx 9/16/19 4 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: HMS Host Food Service Fit -Out Work Environetics Group $ 2,323,000 2018 3N Wilbur Shaw Service Architects Area and 3S Knute Rockne Englewood Cliffs, NJ Service Area Rolling Prairie, IN HMS Host Food Service Fit -Out Work Environetics Group $ 740,000 2017 7N Ernie Pyle Architect's P.C. Howe, IN Englewood Cliffs, NJ HMS Host Food Service Fit -Out Work Environetics Group $ 740,000 2017 7S Gene Stratton Architect's P.C. Howe, IN Englewood Cliffs, NJ Hagerman, Inc. VU Campus Ministries Nagle Hartray $ 568,900 2015 Building Chicago, IL Valparaiso, IN Hagerman, Inc. VU Sorority Housing Design Collaborative $ 886,000 2016 Valparaiso, IN Fort Wayne, IN Hagerman, Inc. VU Track and Field and DLZ Architects $ 232,800 2014 Storage Shed Hammond, IN Valparaiso, IN Hammond Group, Inc. Hammond Expanders Larson -Danielson $ 1,066,000 2016 Renovations Construction Co, Inc. Hammond, IN La Porte, IN Hammond Redevelopment Hammond Sports Complex American StructurePoint $ 1,075,000 2018 Commission Hammond, IN Indianapolis, IN Harbor Automotive Group, Inc. Harbor Portage Reimage Larson -Danielson $ 450,000 2015 Michigan City, IN Construction Co., Inc. La Porte, IN Haverstock Funeral Home Phase II Remodel Behrens Design & $ 156,000 2015 La Porte, IN Development Waite Park, MN HealthLinc Clinic Renovation Larson -Danielson $ 2,685,000 2018 Mishawaka, IN Construction Co., Inc. La Porte, IN HealthLinc Knox Clinic Buildout Larson -Danielson $ 375,000 2015 Knox, IN Construction Co., Inc. La Porte, IN Highland, School Town of Highland HS/MS Athletic Gibraltar Design $ 203,500 2018 Improvements Indianapolis, IN Highland, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I-40.docx 9/16/19 5 of 15 Larson -Danielson Construction Company —(Project Experience List Client: Project: Architect: Value: Highland, School Town of Joh nston/South ridge Gibraltar Design $ 605,000 Elementary 2017 Indianapolis, IN Highland, School Town of Hobart, School City of Horizon Bank Howmet Corp (ALCOA) Howmet Corp (ALCOA) Howmet Corp (ALCOA) IBEW Local 153 ITR Concessions Company, Inc. ITR Concessions Company, Inc. IU Health La Porte Hospital IU Health Starke Hospital Izaak Walton League Improvements Highland, IN Merkley & Warren Gibraltar Design Elementary Schools Indianapolis, IN Highland, IN Hobart Middle School Gibraltar Design Cafeteria/Kitchen Addition Indianapolis, IN Hobart, IN Horizon Bank Pine Haas Associates Street Parking Facility Michigan City, IN Michigan City, IN Additional Work Items Not Applicable La Porte, IN Howmet Casting Plant 2 Larson -Danielson La Porte, IN Construction Co., Inc. La Porte, IN Tank Pads & Platform Not Applicable La Porte, IN Exterior Building KIL Architects Improvements South Bend, IN South Bend, IN Travel Plazas Replacement Environetics Group 3N Wilbur Shaw Service Architects Area at MP 56 Englewood Cliffs, NJ 3S Knute Rockne Service Area at MP 56 Rolling Prairie, IN M $ 1,220,500 2018 $ 1,660,000 2018 $ 182,000 2017 $ 127,000 2016 $ 19,548,000 2016 $ 120,000 2016 $ 503,000 2018 $ 13,895,000 2018 Travel Plazas Mile Environetics Group $ 12,187,000 2017 Post 126 @ Howe Architects Howe, IN Englewood Cliffs, NJ Cooling Tower/ Moake Park Group, Inc. $ 540,000 2015 Connector Link Fort Wayne, IN La Porte, IN Starke Rural Health MKM Architecture & $ 472,000 2015 Clinic Design Knox, IN Fort Wayne, IN Concrete Foundations Stutler Architects $ 160,000 2018 Portage, IN Portage, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I_40.docx 9/16/19 6 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: J.G. Bowers Starbucks Merrillville Expressive Architecture $ 830,000 2017 Building Shell Southfield, MI Merrillville, IN K3SR R/E, LLC New Smart Toyota Larson -Danielson $ 8,490,000 2015 Dealership Construction Co., Inc. Davenport, IA La Porte, IN Kabelin Ace Hardware Fire Restoration Granger Not Applicable $ 790,000 2016 Kabelin Ace Hardware Granger, IN Kankakee Valley School 2015 Addition & Interior Hebard & Hebard $ 1,300,000 2016 Corporation Renovation @ Demotte Architects Elementary School South Bend, IN Demotte, IN Kankakee Valley School Storm Shelter Hebard & Hebard $ 307,100 2014 Corporation Improvements Architects Wheatfield, IN South Bend, IN Kiewit Energy St. Joe Energy Center Kiewit Energy $ 2,915,000 2018 New Carlisle, IN New Carlisle, IN Lake Central School Corporation Additions/Renovations Schmidt Associates $ 36,315,000 2016 to Lake Central HS Indianapolis, IN St. John, IN Lake Central School Corporation BP #3 Protsman Schmidt Associates $ 11,065,000 2015 Elementary Indianapolis, IN St. John, IN Lake County Board of Superior Court Parking Lot Larson -Danielson $ 244,000 2014 Commissioners Gary, IN Construction Co., Inc. La Porte, IN La Porte, City of Beechwood Renovation RQAW Corporation $ 540,000 2018 La Porte, IN La Porte, IN La Porte, City of New Street Department Global Engineering & $ 1,278,000 2016 Facility Land Surveying La Porte, IN Michigan City, IN La Porte, City of Plaza 618 Arkos Design $ 270,000 2016 La Porte, IN Mishawaka, IN La Porte Community School 2016 Boston & Kesling Odle, McGuire Shook $ 3,300,000 2017 Corporation Schools Architects La Porte, IN Indianapolis, IN La Porte Community School Improvements to Kiwanis Odle, McGuire Shook $ 1,240,000 2014 Corporation Field Architects La Porte, IN Indianapolis, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I-40.docx 9/16/19 7 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: La Porte Community School LP CAC & Administration Odle, McGuire Shook $ 1,940,000 2014 Corporation Parking Lot Addition Architects La Porte, IN Indianapolis, IN La Porte Community School LPHS Performing Arts Schmidt Associates $ 636,485 2018 Corporation Center Indianapolis, IN La Porte County Board of Commissioners La Porte County Board of Commissioners La Porte County Board of Commissioners La Porte County Board of Commissioners La Porte County Board of Commissioners La Porte County Public Library La Porte County Public Library La Porte Property 5 LLC La Porte Urban Enterprise Liberty Township Lighthouse Place Premium Outlets La Porte, IN La Porte County Repair of Bridges 84, 86 & 129 La Porte County CR 1000N Bridge Replacement La Porte, IN La Porte County Repair Bridges 97, 104 & 236 La Porte, IN La Porte County EMS Building La Porte, IN Stevens Treatment Center Addition La Porte, IN Multi -Branch Project La Porte, IN Site Development @ Coolspring Michigan City, IN Culver's Restaurant La Porte, IN JPR Jones Petrie $ 478,000 2016 Rafinski Elkhart, IN Lawson -Fisher Associates $ 50,000 2015 South Bend, IN JPR-Jones, Petrie, $ 350,000 2015 Rafinski South Bend, IN Gerometta & Kinel $ 828,000 2015 Chesterton, IN R.L. Brown Construction $ 430,000 2014 La Porte, IN TBD $ 400,000 2017 MKM Architecture & Design Fort Wayne, IN Larson -Danielson Construction Co., Inc. La Porte, IN Vanilla Box Remodel Not Applicable Demo & Carpentry La Porte, IN Steel Erection -EMS Facility Pyramid Architecture/ North Liberty, IN Engineering Indianapolis, IN Lighthouse Place Info Rohn & Associates Center Cedar Lake, IN Michigan City, IN T & M Work 2017 $ 1,565,000 2016 $ 173,000 2018 $ 123,000 2016 $ 400,000 2015 L:\Filing System\Office\FORM S\Esti mating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I_40.docx 9/16/19 8 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: Lutheran University Associates VU Softball/Tennis/ Larson -Danielson $ 495,000 2015 dba Valparaiso University Locker Rooms & Pavilion Construction Co, Inc. Valparaiso, IN La Porte, IN MAAC Foundation Building Addition Larson -Danielson $ 685,000 2017 Valparaiso, IN Construction Co., Inc. La Porte, IN MAAC Foundation Fire Training Facility Larson -Danielson $ 395,000 2017 Renovation Construction Co., Inc. Valparaiso, IN La Porte, IN MSD of Boone Township Hebron Middle School Fanning/Howey Assoc. $ 190,000 2018 Improvements Indianapolis, IN Hebron, IN Marcus Construction Rail Receiving Foundations Negen Architects $ 2,700,000 2016 at Hammond Potash Cold Spring, MN Hammond, IN Maverick Real Estate, LLC Maverick Trucking & Short, Elliot, Hendrickson $ 4,500,000 2016 Service Munster, IN Portage, IN Meijer, Inc. Meijer Valparaiso # 297 Progressive AE $ 2,099,900 2018 Valparaiso, IN Grand Rapids, MI Meijer, Inc. Maintenance Agreements Not Applicable T & M Work 2018 Various Locations (East) Stores # 120, 121, 127 & 128 Meijer, Inc. Maintenance Agreements Not Applicable T & M Work 2018 Various Locations (West) Store # 149, 165, 170 & 266 Meijer, Inc. Meijer # 152 Whitestown Bergmann Associates $ 1,620,000 2014 c/o Rockford Construction Co. Zionsville, IN East Lansing, MI Memorial Hospital and 58 Bldg. 7E Bed Tower Creative Design Systems $ 854,000 2014 Health Systems Conversion South Bend, IN South Bend, IN Merrillville Fire Department Administration Building Carras-Szany-Kuhn $ 525,000 2017 Project Schererville, IN Merrillville, IN Methodist Hospital CT Scan — Southlake VOA Associates, Inc. $ 352,000 2016 Merrillville, IN Chicago, IL Methodist Hospital Sprinkler Compliance VOA Associates, Inc. $ 4,090,000 2016 Projects-Southlake and Chicago, IL Northlake Campuses Merrillville & Gary, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I-40.docx 9/16/19 9 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Michigan City, City of Cleveland Park Global Engineering & $ 286,000 Redevelopment Land Surveying Michigan City, IN Michigan City, IN Michigan City, City of Michigan City Police American $ 10,060,000 Station StructurePoint, Inc. Michigan City, IN Indianapolis, IN Michigan City Public Library Interior Remodel (CMC) Product Architecture & T & M Michigan City, IN Design Chicago, IL Miller -Davis Company UND — North Dining Hall Tower Pinkster $ 1,015,000 Remodel Kalamazoo, MI Notre Dame, IN Mishawaka, City of Battell Park DLZ Indiana, Inc. Rosemary's Garden South Bend, IN Mishawaka, IN Mishawaka, School City of Irion's Strength & Schmidt Associates Conditioning Center Indianapolis, IN Mishawaka, IN Monosol, LLC Civil Work for Drop Lot & Palm & Associates Access Road New Carlisle, IN La Porte, IN Mortenson Construction Concrete Package for FGM Architects, Inc.. Valparaiso University Chicago, IL Valparaiso, IN Mortenson Construction VUSH Carpentry/ FGM Architects, Inc. Millwork @ VU Chicago, IL Valparaiso, IN Neo Industries (Indiana) Trench & Platform Not Applicable Portage, IN New York Blower Company Lab Expansion & Larson -Danielson Modernization Construction Co., Inc. La Porte, IN La Porte, IN North Liberty Township EMS Building Foundations Pyramid Architecture/ North Liberty, IN Engineering Indianapolis, IN North Township Trustee Wicker Memorial Park Hutton and Hutton Ridge Road Fence Architect & Engineering Highland, IN Hammond, IN 2017 2017 2018 2017 $ 150,000 2018 $ 450,700 2018 $ 615,000 2016 $ 1,565,000 2014 $ 368,000 2014 $ 105,000 2015 $ 1,134,000 2014 $ 154,000 2016 $ 280,000 2017 L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I__40.docx 9/16/1910 of 15 Larson -Danielson Construction Company — (project Experience List Client: Protect: Architect: Value: Northern Indiana Commuter Dune Park Remodel 2017 DLZ Indiana, Inc. $ 400,000 2018 Transportation District Chesterton, IN South Bend, IN Northern Indiana Commuter Michigan City DLZ Indiana $ 1,800,000 2017 Transportation District Maintenance Building Infill South Bend, IN Michigan City, IN Northern Indiana Commuter NICTD Dune Park Station/ Gerometta & Kinel $ 223,000 2016 Transportation District Office Summer 2015 Architects Renovation Chesterton, IN Chesterton, IN Northern Indiana Commuter Dune Park High Level URS $ 2,730,000 2014 Transportation District Platform Chicago, IL Chesterton, IN Northern Indiana Commuter East Chicago Stairs Larson -Danielson $ 140,000 2015 Transportation District East Chicago, IN Construction Co., Inc. La Porte, IN OpCen Centier IT Suite — Balance Architectural $ 1,092,000 2018 Addition & Renovations Studio Merrillville, IN South Bend, IN Performance Services Oaklawn & Meadowlawn Performance Services $ 332,300 2017 Elementary School Indianapolis, IN Renovations Monticello, IN Performance Services Additions & Remodeling Performance Services $ 350,000 2017 to Rolling Prairie, Olive & Indianapolis, IN Prairie View Elementary Schools New Carlisle & Rolling Prairie, IN Performance Services General Trades & Concrete Performance Services $ 398,000 2016 Package for Misc. Reno @ Indianapolis, IN South Central HS Union Mills, IN Peoples Bank New Highland Branch Robert Priesol $ 826,000 2017 Highland, IN Whiting, IN Pepper Construction UND-Nieuwland Hall BSA LifeStructure $ 320,300 2017 Notre Dame, IN Indianapolis, IN Portage Township Schools Interior Remodel @ Gerometta & Kinel $ 258,000 2014 ]ones Elementary Chesterton, IN Portage, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I_40.docx 9/16/1911 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: Portage Township Schools West Renovations Alliance Architects $ 6,875,000 2018 at High School South Bend, IN Porter County Board of Commissioners Porter Regional Hospital Porter Township School Corporation Purdue University Portage, IN New Animal Shelter Larson -Danielson $ 2,728,000 2017 Valparaiso, IN Construction Co., Inc. La Porte, IN VOC - New Open MRI Design Organization $ 395,000 2014 Valparaiso, IN Valparaiso, IN Porter Lakes Elementary Schmidt Associates $ 2,200,000 2017 Additions & Renovations Indianapolis, IN Hebron, IN Biochemistry Greenhouse MPA Architects $ 250,000 2014 Lafayette, IN South Bend, IN Purdue University HGRH Mist Greenhouse MPA Architects $ 479,000 2016 Replacement South Bend, IN West Lafayette, IN QSR Properties, LLC Starbucks Coffee DXU Architects $ 861,700 2017 La Porte, IN Chicago, IL Reith-Riley Construction Michigan City 11th Street Global Engineering & $ 71,500 2016 Rehabilitation Land Surveying Michigan City, IN Michigan City, IN Sacred Heart Catholic Church Activity Center Addition Dh2W Architects $ 1,140,000 2014 La Porte, IN Michigan City, IN Shopone Centers Reit 011ie's Fit Out Hershman Architects Inc. $ 895,000 2018 dba DFG La Porte La Porte, IN Cleveland, OH St. Mary's College Outdoor Athletic Complex The Collaborative, Inc. $ 2,502,000 2016 Notre Dame, IN Toledo, OH St. Joseph Co. Board of PSAP Consolidated Project DLZ Indiana, LLC $ 435,000 2015 Commissioners BP#1 SB Police Dept. HQ South Bend, IN South Bend, IN St. Joseph Regional Medical CDU Patient Holding VOA Associates, Inc. $ 814,000 2016 Center Mishawaka, IN Highland, IN Serra Works of Schererville, LLC Additions/Renovations Tricarico Architect & $ 2,905,000 2017 BMW Schererville & Design Parking Lot Expansion Wayne, NJ Schererville, IN Share Foundation New Senior Center James F. Giannini & $ 625,000 2017 La Porte, IN Associates Chesterton, IN L:\Filing System\Office\FORM S\Esti mating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I„ 40.docx 9/16/1912 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: Shree Siddhivinayak, LLC Dunkin Donuts Jeffery A. Scott $ 805,000 2015 La Porte, IN Architects Farmington, MI Space Center, Inc. Build Out for Plastic Larson -Danielson $ 150,000 2015 Packaging Construction Co., Inc. La Porte, IN La Porte, IN Sunoco, Inc. Building Fit -Out Cornerstone Consulting $ 834,500 2018 3N and 3S Allentown, PA Sunoco, Inc. Sunoco, Inc. Sunoco, Inc. Susser Petroleum Property Co., LLC Swanson Center Task Force Tips Task Force Tips Town of Highland Tri-County School Building Corporation Tyco Integrated Security University of Notre Dame Rolling Prairie, IN New Building @ Cornerstone Consulting $ 4,656,000 2018 Elkhart Toll Plazas Allentown, PA Elkhart, IN Building Fit -Out Cornerstone Consulting $ 302,000 2017 Howe, IN @ 7N Allentown, PA Building Fit -Out Cornerstone Consulting $ 302,000 2017 Howe, IN @ 7S Allentown, PA Sunoco ITR Project Cornerstone Consulting $ 5,114,000 2017 North and South Plaza's Engineers Portage, IN Allentown, PA New Facility Renovation Gerometta & Kinel Michigan City, IN Chesterton, IN New Mezzanine Larson -Danielson Valparaiso, IN Construction Co., Inc. La Porte, IN New Loading Dock Canopy Larson -Danielson Valparaiso, IN Construction Co., Inc. La Porte, IN Public Safety Facility BP#2 Wilson Estes Police Highland, IN Architects Kansas City, MO Tri-County Intermediate Gibraltar Design School 2016 Improvements Indianapolis, IN Wolcott, IN LP Schools Security Odle, McGuire Shook Access Controls Architects La Porte, IN Indianapolis, IN Ash Silo Foundation Ka rges-Fau Icon bridge Notre Dame, IN St. Paul, MN $ 1,960,000 2015 $ 155,000 2018 $ 141,500 2015 $ 3,552,000 2016 $ 892,000 2017 $ 125,000 2016 $ 138,000 2015 L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List IT40.docx 9/16/1913 of 15 Larson -Danielson Construction Company — Project Experience List Client: project: Architect: Value: Comp: University of Notre Dame Additions & Renovations Arkos Design $ 1,389,000 2018 to Badin Hall Mishawaka, IN General Trades Notre Dame, IN University of Notre Dame Brownson Hall Stair DLZ Indiana $ 93,000 2014 Improvements South Bend, IN Notre Dame, IN University of Notre Dame Cooling Tower 6 & 7 Ka rges-Fa u Icon bridge $ 1,075,000 2017 Replacement St. Paul, MN Notre Dame, IN University of Notre Dame DeBartolo Center Alliance Architects $ 105,000 2014 Barrier Removal South Bend, IN Notre Dame, IN University of Notre Dame Flanner Hall Elevator Arkos Design $ 72,000 2016 Renovation Mishawaka, IN Notre Dame, IN University of Notre Dame Grace Hall Elevator Arkos Design $ 72,000 2017 Notre Dame, IN Mishawaka, IN University of Notre Dame Giovanini Commons & Alliance Architects $ 1,085,000 2018 Stayer Center South Bend, IN Notre Dame, IN University of Notre Dame Hesburgh Library North Arkos Design $ 280,000 2016 Entrance Plaza & Quad Mishawaka, IN Notre Dame, IN University of Notre Dame Landscape Service Building Alliance Architects $ 272,000 2018 Interior Renovation South Bend, IN Notre Dame, IN University of Notre Dame Landscape Service Larson -Danielson $ 106,000 2017 Storage Building Construction Co, Inc. Notre Dame, IN La Porte, IN University of Notre Dame University of Notre Dame University of Notre Dame Morris Inn Interior Renovations Notre Dame, IN Residence Halls Railing Improvements Notre Dame, IN Ricci Field Support Building Notre Dame, IN Alliance Architects South Bend, IN $ 374,000 2015 Arkos Architects $ 192,000 2014 Mishawaka, IN Then Design Architecture $ 685,000 2018 Willoughby, OH L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List IW_40.docx 9/16/1914 of 15 Larson -Danielson Construction Company — Project Experience List Client: Project: Architect: Value: Comp: Valparaiso Community Schools Additions and Renovations Gibraltar Design $ 4,415,000 2018 To Memorial Elementary Indianapolis, IN School Valparaiso, IN Valparaiso Community Schools Cooks Corner and Gibraltar Design $ 4,685,000 2018 Memorial Elementary Indianapolis, IN New Gym and Stage Valparaiso, IN Valparaiso Community Schools Porter County Career & Gibraltar Design $ 2,008,000 2018 Tech Center Indianapolis, IN Valparaiso, IN Valparaiso University Campus Improvements Shive Hattery $ 1,098,000 2018 Phase I Bloomington, IL Valparaiso, IN Valparaiso University VU Chapel/Kretzmann Abonmarche $ 259,500 2017 Sidewalk Access Project 2 Valparaiso, IN Valparaiso, IN Valparaiso University VU Mueller Hall Renovation Moake Park Group $ 450,000 2016 Valparaiso, IN Fort Wayne, IN Van Rensselaer School Renovations to Van LWC, Inc. $ 560,200 2014 Corporation Elementary & Gym Richmond, IN HVAC at High School Rensselaer, IN Von Tobel Lumber Company Emergency Structural Keeler -Webb Associates $ 306,000 2015 Rebuild Carmel, IN Schererville, IN Wal-Mart Stores, Inc. Remodel Michigan City Harrison, French & $ 476,000 2016 Store # 1487-213 Associates Michigan City, IN Bentonville, AR West Talmer NJ, LLC New Medical Clinic MKM Architecture & Design $ 1,002,000 North Judson, IN Fort Wayne, IN Whiting, City of Sheridan Outdoor Plaza Context & Design $ 580,000 2016 Phase 01 Fortville, IN Whiting, IN Woodruff & Sons, Inc. Thomas Rose Industrial Haas & Associates $ 53,000 2016 Park Signs Michigan City, IN La Porte, IN ZTKL, LLC New Clinic Larson -Danielson $ 2,883,230 2014 Valparaiso, IN Construction Co., Inc. La Porte, IN L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List I-40.docx 9/16/1915 of 15