U6

proceedings, all such arbitrations shail be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In
regard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northem District of New York. It is specifically agreed that any action or proceeding comunenced or
initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified hercin.

11, This Participation Agreement shall become effective as of the date of execution hercof and the payments above
provided shall be payable from and after 61/2014 and expire on 0531/2017_-This agreement shall continue in full
force and effect for the same tenm as the collective bargaining agreement. A new peo Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement-SS/2044—- fi feord ifs

Expiration date of collective bargaining agreement 05/31/2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

3. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL UNION# 118 EMPLOYER: Hanson Aggregates New York LLG
Scottsville Rd. Plant

ADDRESS: 130 Metro Park ADDRESS: _1544 Oakland Avenue

Rochester, NY 1 Indiana, PA 15701
Redacted by the U.S. Department of the Treasury

PRINT NAME; Christopher P, Toole
PRINT TITLE: Secretary-Treasurer~

DATE; LL ory |

‘edacted by the U.S.

NEW YORK STATE TEAMER EME SUE PENSION AND RETIREMENT FUND
151 NORTHERN CONCOUJIEEEy 13212
MAILING ADDRESS: SE, NEW YORK 13221- 4928,

DATE: 7 /

PRINT TirLe: Labor Relations Manager

DATE: WSLS

SIGNATURE:

EXECUTIVE ADMINISTRATOR

REV. 1/2012


VAGhy

contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union’s
Tepresentative status or, d) the date the Union’s representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement

Effective date of collective bargaining agreement: i 4/04/2014
[10/31/17

Expiration date of collective bargaining agreement:

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union are
signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written. As such, this Participation Agreement may not be
modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their signatures below.

LOCAL UNION# 317 EMPLOYER; Hanson Aggregates NY LLC
Jamesville
= at
ADDRESS; 58 Spencer Stedet ADDRESS: 1544 Oakland Ave, Box 340
Syracuse, NY“13204 Indiana, PA_15701

ent of the Treasury

SIGNATURE

PRINT NAME; Duane E. Wright PRINT NAME: C
PRINT TITLE:Peésidenty PRINT TITLE:_/°%32- LAB ZAG WA
DATE,_ LL Lo 5 LO. DATE: feefos—

NEW YORK STATE TEAMSTERRSQE CEI EMU RS)
151 NORTHERN CONCOURSE, PERE rs
MAILING ADDRESS; _ P. O. BOCES

ION AND RETIREMENT FUND
EW YORK 13221-4928

SIGNATURE: DATE:

EXECUTIVE AD)

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the miles and regulations of the Fund now and/or
hereafter adopted.

(6) The Employer and Union understand and agree that the Fund contributions shall be made, as sct forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) Pavilon, Clarendon & Medina Piants (Progression) - hired on or after 05/01/2000 th
60 Month 60 Month DB
Rehabilitation Death (S.05 if Total
Schedule Benefit___| Rates of Contribution: Hourly elected) Hourly Weekly
Default 11] Yes (7 | Effective Yeart $050 - $0.50 port paid
ScheduleA [] | No [mw] | Effective Yosr2 31009) - $1.00 ors paid
Schedule B  [) Effective _Yoars $160 9) 0s $1.60 ‘porhe pald
Schedulec [] Effective Yoar4 $200 ¢ $2.00 por hr paid
ScheduleD [J Effective Years $250 097 $2.50 pork pals
SchedulcE [] Effective “Year6 and anor Full Rate Full Rate
Contract Type:  (] UPS (CC Freight-National Construction [_]Municipal  [_] Other
Covered Employees: [Mi] Bargaining () Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(@ All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Tund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


contribute by contract or statute. c) the date the NLRB certifies the results of an election that terminates the Union's
representative status or. d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement.

7101/2014

[07/01/2017

Effective date of collective bargaini

2 agreement:

Expiration date of collective bargaining agreement:

12, The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the Union are
signatory toa current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or
contemporaneous agreements or understandings. whether oral or written. As such, this Participation Agreement may not be
modified except by a writing signed by all parties. Further. to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

‘The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their signatures below.

LOCAL UNION# 294 EMPLOYER: H.W. Acker & Sons. Inc.

ADDRESS; 890 Third Street. Labor Temple ADDRESS: 1Salem Street
Albany, NY 12206-163; Colonie, NY 12205 —
Redacted by the U.S. Department of the Treasury

SIGNATUR

PRINT NAME:Charles Greenfield i PRINT NAME: David Acker
PRINT TITLE:Business Agen! PRINT TITLE: President
DATE: ZV-AWKs DATE: Ja f2tJis

Redacted by the U.S.
NEW YORK Tae ia ENSION AND RETIREMENT FUND
15! NORTHERN CON
MAILING ADDRESS:

SIGNATURE;

EXECUTIVE ADMINISTRATOR

3

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) Group "A" Ready Mix Regular Drivers, Mechanics & Weighmen Hired Prior to 6/1/99

REHABILITATION
Rates of Contribution: FHfourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective 1/1/2015 3.3761 All Hours oO UPS. 0 Default
Effective 1/1/2016 3.5955 All Hours [J  FREIGHT—National [L] Schedule A
Effective 11/2017 3.8292 All Hours (] — FREIGHT—Area [m] = Schedule B
Effective [=] | CONSTRUCTION CL] — Schedule C
Effective LJ = MUNICIPAL LJ Schedule D
Effective L] OTHER LJ Schedule E
Covered Employees: [l] Bargaining CJ Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of


TAZO

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In
regard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified herein.

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 1/1/2015 and expire on 12312017__This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 1/1/2015

Expiration date of collective bargaining agreement 12/31/2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by cach of their
signatures below.

LOCAL UNION# Teamsters Local 264 EMPLOYER: Hanson Aggregates, New York
Group "A"
ApprEss: 39 Tyrol Drive ADDRESS: 1544 Oakland Avenue, Box 340

Cheektowaga, NY 14227 Indiana, PA 15701
Redacted by the U.S. Department of the Treasury

SIGNATURE;

PRINT NAME; Ronald Lucas PRINT NAME: R-Jefffey Carey

PRINT a; Business Agent PRINT TITLE: Manager Labor Relations

pate:_ LWCUS Pas DATE: eb fix

Redacted by the U.S.
NEW YORK STATE TEA Sania ae PENSION AND RETIREMENT FUND

151 NORTHERN CONCO;RSS& 13212
MAILING ADDRESS: SE, NEW YORK 13221-4928

SIGNATURE:

REV. 5/2010


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

1. (@) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other mile or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) HANSON AGGA. NY LLC-SCOTTSVILLE ROAD PLANT (Hired price to 6/1/2001)Group A

60 Month 60 Month DB
Rehabilitation Death (8.05 if Total

Schedule Benefit | Rates of Contribution: Hourly elected) Hourly Weekly
Default 1 | Yes = (1) | Effective cumenttwougnerns 478 476 19040
ScheduleA [] | No [m] | Effective eezore 6.07 507 202.60
ScheduleB fa) Effective (5/31/2015 640 6A0 216.00
Schedulec (J Effective 5/20/2018 6.15 575 230.00
ScheduleD [1 Effective
ScheduleE [] Effective
Contract Type: Clues (1) Freight-National [Construction [[] Municipal (other
Covered Employees: [Mi] Bargaining (CO Non-Bargaining,

Contributions begin on all employees from the first hour of the first day of employment.

Fonnula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund's attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement. in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein,

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties,

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to
work. However, such contributions shall not be paid for a period of more than 2 weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American

2


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all miles and regulations of the Fund. In addition, the Employer may contribute fo the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifaregular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to
‘work. However, such contributions shall not be paid for a period of more than WA ___ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
‘Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

1. (@) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, imespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) HANSON AGGREGATES-PAVILION PLANT GROUP A.

60 Month 60 Month DB
Rehabilitation Death (8.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default 1] Yes (CJ | Effective Currontihrough sis 6.19 613 20520
ScheduleA [] | No [ml] | Effective sivzos 848 548 218.40
ScheduleB i] Effective “s2015 Bat Bat 2240
Schedulec ([] Effective 1/2016 6.19 610 247.60
ScheduleD [] Effective
SchedoleE [] Effective
Contract Type: (urs (J Freight-National [Construction [Municipal CO) other
Covered Employees: Bargaining C1 Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Fonmula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monics were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of tem percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shal] be final and binding. In the event of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s mules, regulations and/or collection policies.

4, The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as Jong as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. If an employee is granted a leaye of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other

requirements in paragraph 2 herein.
8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to
work. However, such contributions shall not be paid for a period of more than WA___ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND

PARTICIPATION AGREEMENT

1, (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund”). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) Group "8" Ready Mix Regular Drivers, Mechanics & Weighmen (hired after 5/1/99)

REHABILITATION
Rates of Contribution: Hourly Weekly CONTRACT TYPE: SCHEDULE (attached)
Effective Year 25 All Hours C] ups C1 Default
Effective Year2 50 All Hours (] — FREIGHT —National LL] Schedule A
Effective Year3 15 All Hours LJ  FREIGHT—Area [] Schedule B
Effective Year4 1.00 All Hours [al CONSTRUCTION LI Schedule c
Effective YearSand after Full Rate All Hours CL] = MUNICIPAL L] Schedule D
Effective {] OTHER LJ Schedule E
Covered Employees: [i] Bargaining (J Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of


delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the mules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shal! cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the eveut it is found that the Employer has not fully complied
with the Fund miles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with al] rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that arc issued by the Fund. The Employer nmst request in writing and receive written
approval from the Fund in order to have these non-covered employces included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments fo the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. Ifan employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shali continue to make the required contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to
work. However, such contributions shall not be paid for a period of more than WA__ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustecs thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2


upon at no estra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rutes
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by

the Fund. In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund's rules,
regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging toa participating Union that fully complies with
all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employces for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing,
and receive wrilten approval from the Fund in order to have these non-covered employces included. Such request must
specifically define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management
Relations Act of 1947. as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair
the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of
ane full calendar year.

7. Wan employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence
being cffective. sufficient monies to pay the required contributions during the period of absence and such monies shall
thereafier be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave
and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absem because of illness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee is injured on
the job. the Employer shall continue to pay the required contributions until such employee returns to work. However. such
contributions shall not be paid fora periad of more than _4___ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
mployer. or their agents, successors or assigns, against the Fund. the Trustees thereof or any employee. service provider,
fepresentative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employce, participant. the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston.
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in
the U es District Court for the Northern District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or
jing commenced o1 iated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal
specified herein.

1}. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided

hereinabove shall be payable trom and after 04/01/2016 and continue until expiration of the collective bargaining

[03/31/2019

agreement on subject, however, to the discretion of the ‘Trustees. After expiration of the collective
bargaining agreement, this Panicipation Agreement shall continue in full force and effect until a successor collective barg: ig,
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to

2

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT.

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and Employer,
is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter “Fund”).
The Employer, its participating employees, and the Union, as a condition of participation in this Fund, are bound by this
Participation Agreement, the Trust Agreement, Plan documents and all of the rules and regulations of the Fund now and/or
hereafter adopted by the Board of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein, on all
employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual or seasonal,
except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other
rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Hanson Aggregates NY, LLC Jamesville

Covered Group of Employees (Define)

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default 1 | Yes ( | Effective svoazors $3.42 $3.42 all hours worked
ScheduleA [] | No [fH] | Effective svowzo1s 53.64 $3.64 all hours worked
ScheduleB [mt] Effective 11012016 $3.88 $3.88 all hours worked
ScheduleC (] Effective
ScheduleD [] Effective
ScheduleE [J] Effective
ScheduleG [] Effective
Contract Type: Cups (1 Freight-National C1 Construction [[] Municipal [=] Other

Covered Employees: [#] Bargaining OC Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours
per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th) day of the
month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed
by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fund’s attorneys’ fees, auditors’ fees, court costs, disbursements and expenses incurred by the Fund in recovering the
above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount. The late payment of any delinquency by the Employer shal! not in any way relieve it from the
obligations set forth above, In addition, when the Employer is notified in writing by the Fund that it is delinquent, the
Employer must immediately pay the delinquent amount to the Fund. After said payment, the Employer may appeal the Fund’s
decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply
with any of the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein,

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually agreed

1
REV. 201407


T2F | “year Derm yours
g513- years FITS Year y

Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In
regard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified herein.

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 1/1/2015 and expire on 12/31/2017__This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

1/1/2015

Effective date of collective bargaining agreement

Expiration date of collective bargaining agreement 12/31/2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The partics hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL UNION# Teamsters Local 264 EMPLOYER: Hanson Aggregates, New York
Group "B"
ADDRESS: 39 Tyrol Drive ADDRESS: 1544 Oakland Avenue, Box 340
Cheektowaga, NY 14227 Indiana, PA 15701

Redacted by the U.S. Department of the Treasury
SIGNATURE;

PRINT NAME:Ronald Lucas PRINT NAME: refi Cafey
PRINT TITLE; Business Agent PRINT TITLE: Manager Labor Relations

DATE: ES / DATE: J 2

‘edacted by the U.S.

Depart it of th
NEW YORK STATE TEAMSTE SSRI ENSION AND RETIREMENT FUND

151 NORTHERN CONCOURSE, B212
BE. NEW YORK 13221-4928

DATE: ) an

MAILING ADDRESS: P.O. B

SIGNATURE:

EXECUTIVE ADMI

REV, 5/2010


7128

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all hearings and related proceedings shall be conducted in Syracuse, New York. In
regard to federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northern District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified herein.

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 91/2014 and expire on 0400/2017__. This agreement shall continue in full
force and effect for the same temm as the collective bargaining agreement. A now Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 5/1/2014

Expiration date of collective bargaining agreement 04/30/2017 F

12. The Employer and its employces shall not be entitled to participate in this Fund unless the Employer and the
‘Union are signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
Prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by cach of their
signatures below.

LOCAL uNiong 118 EMPLOYER: Hanson Aggregates New York LLC

Pavilion, Clarendon & Medina Plants

ADDRESS: 130 Metro Park Appress: 1544 Oakland Avenue
P,

SIGNATURE

PRINT NAME: Christopher P. Toole PRINT NAME: A Jeff

PRINT TITLE; Secretary-Treasurer PRINT TITLE; Labor Relations Manager
DATE: = [ Lol, Ly } DATE: Yt

NEW YORK STATE TEAMSTER: NFER nies SION AND RETIREMENT FUND

|, NEW YORK 1322]- 4928
St
DATE: 7,

REV. 1/2012


Trustees, whose decision shall be final and binding. In the cvent of failure of the Employer to comply with any of
the rules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and regulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. Ifa regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to
work. However, such contributions shall not be paid for a period of more than 2 weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
Trustees against any claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American

2


upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement. the Employer shall pay the full cost of the audit that has been performed by
the Fund. In addition, the J:mployer shall be responsible as set forth in this Participation Agreement and the Fund’s rules,
regulations and/or collection polici

4. The Fund shall be open to participation by any group of members belonging toa participating Union that fully complies with
all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Parti fon Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as long as there shall be a collective bargaining agreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group thal are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees included. Such request must
specifically define the category or categories involved.

5. Should any of the provisions of this Participation Agreemem be declared to be in violation of the Labor-Management
Relations Act of 1947. as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair
the effectiveness or continuily of the rest of the provisions of Participation Agreement and stich provisions are hereby
expressly declared to be saved [rom such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of
one full calendar year.

7. Ian employee is granted a leave of absence. the Employer shall collect from said employee. prior to the leave of absence
being effective. sufficiem monies to pay the required contributions during the period of absence and stich monies shall
thereafter be promptly forwarded 10 the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave
and does not so comply. the Employer must pay the contributions subject to all other requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ia regular employee is absent because of illness or off-the-jab injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. [fa regular employee is injured on
the job. the Employer shall continue to pay the required contributions until such employee returns to work. However, such
contributions shall not be paid for a period of more than _4__ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant. employee. participant, the Union or the
Employer, or their agents. successors or assigns. against the Fund, the Trustees thereof or any employee, service provider,
representative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees agains: any
claimant. applicant. employee. participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the County of Onondaga. New York or other applicuble tribunal located therein except where otherwise
provided herein, In regard to withdrawal liability arbitration proceedings. ull such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse, New York. In regard to federal district cour! actions. all such actions shall be commenced and heard in
the United States District Court for the Nonhern District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. I1 is specifically agreed that any action or
proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal
specified herein.

11. This Participation Agreement shall become effective

[07/01/2014

of the date of execution hereof and the payments provided

hereinabove shall be payable from and after

agreement on [ovio1/2017 subject, however, to the discretion of the Trustees, After expiration of the collective

bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective hargaining

agreement is executed by the Employer and Union unless a) the Trustees tenninate the participation of the Employer and

provide written notice of the date of termination. b) the Employer gives the Fund at least sixty (60) days advance written natice

by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to
2

and continue until expiration of the collective bargaining

REV. 201407


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “Union”) and
Employer, is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund
(hereinafter “Fund"). The Employer, its participating employees, and the Union, as a condition of participation in
this Fund, are bound by this Participation Agreement and all of the rules and regulations of the Fund now and/or
hereafter adopted. :

(b) The Employer and Union understand and agree that the Fund contributions shall be made, as set forth herein,
on all employees doing bargaining unit work, irrespective of whether said employees are full-time, part-time, casual
or seasonal, except as is otherwise provided herein. No agreement between the Employer and the Union shall alter
this rule or any other rule or provision of this Participation Agreement.

(c) The Employer agrees to contribute as follows, not to exceed the maximum:

Covered Group of Employees (Define) HANSON AGGREGATES - Honooye Falla/Lima

60 Month 60 Month DB
Rehabilitation Death ($.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default (1 } Yes (] | Effective sweots $228 $2.28 Avi woes
ScheduleA [] | No [i] | Effective aizeois Ex 3243 ed
ScheduleB LB] Effective 4soz018 $259 $259 prmereered
ScheduleC [J Effective
ScheduleD [] Effective
ScheduleE L] Effective
Contract Type:  [] UPS CO Freight National WConstruction [Municipal [other
Covered Employees: [Bll] Bargaining ( Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Fonnula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour
equals hours per trip.

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th)
day of the month following the month in which said monies were accrued, except when otherwise agreed by the
Fund, but not to exceed by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the
Employer liable for all employee benefit claims which are incurred during the period of delinquency, damages,
reimbursement to the Fund for the Fund’s attomeys’ fees, auditors’ fees, court costs, disbursements and expenses
incurred by the Fund in recovering the above. In addition, the Employer must pay all arrears due the Fund together
with liquidated damages in the sum of ten percent (10%) of the delinquent amount. ‘The late payment of any
delinquency by the Employer shall not in any way relieve it from the obligations set forth above. In addition, when
the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the


Daa

proceedings, all such arbitrations shal! be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearings and related proceedings shall be conducted in Syracuse, New York. In
regard 1o federal district court actions, all such actions shall be commenced and heard in the United States District
Court for the Northem District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal specified herein.

11. This Participation Agreement shall become effective as of the date of execution hereof and the payments above
provided shall be payable from and after 46/2014 _and. expire on 4/0/2017 -This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 4/6/2014

Expiration date of collective bargaining agreement 04/08/2017

12. The Employer and its employees shall not be entitled to participate in this Fund unless the Employer and the
Union are signatory to a current Participation Agreement,

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Agreement may not be modified except by a writing signed by all parties.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their
signatures below.

LOCAL UNION# 118 EMPLOYER: Hanson Aggregates New York LLC

Honeoye Falis/Lima

AppREss: 190 Metro Park ADDRESS: 1544 Oakland Avenue

Rochester, JN¥ 146 Indiana, PA 15701

sicnaTuRE: —

PRINT NAME; Christophet P. Toole

PRINT TITLE: Secretary-Treasurer, B.A. PRINT TITLE: Labor Relations Manager
DATE: Lhe, 2 patz:_$/2/7

151 NORTHERN CONCO!
MAILING ADDRESS: P.q IE, NEW YORK. 13221- 4928,

DATE: (Aa

REV. 1/2012


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
PARTICIPATION AGREEMENT

|. (a) This Participation Agreement, executed by the undersignes Teamsters Local Union (hereinafter Union”) and Employer.
is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter “Fund”).
The Employer. its participating employees. and the Union, as a condition of participation in this Fund, are bound by: this
Participation Agreement. the Trust Agreement. Plan documents and all of the rules and regulations of the Fund now and/or
hereafter adopted by the Board of Trustees.

(b) The Employer and Union understand and agree that the Fund contributions shall be made. as set forth herein, on all
employees doing bargaining unit work. irrespective of whether said employees are full-time, part-time, casual or seasonal,
except as is otherwise provided herein. No agreement between the Employer and the Union shall alter this rule or any other
rule or provision of this Participation Agreement,

(c) The Employer agrees to contribute as follows. not to exceed the maximum:

H.W. Acker & Sons, Inc - #7872

Covered Group of Employees (Deline)

60 Month 60 Month DB
Rehabilitation Death (8.05 if Total
Schedule Benelit Rates of Contribution: _____ Hourly elected) Hourly Weekly
Default Ojvs O o7mvaora esa ait 2ea6F
ScheduleA [J | No fa] o7ouo15 6.7540 20.16
ScheduleB [=] ovoior6 7.1930 272
ScheduleC  ([] o7i01r017 = 7.8605 306.42
Scheduled []
Schedule oO
ScheduleG []
Contract Type: Cups (1 Freight-National C) Construction ©) Municipal [=] Other

Covered Employces: [] Bargaining ( Non-Bargaining

Contributions begin on all employees from the first hour of the first day of employment.

Formula for Road Drivers Contributions: Total miles driven in a tour of duty divided by 25 miles per hour equals hours
per trip,

(d) All such payments to be made to the Fund are to be received by the Fund office on or before the tenth (10th) day of the
month following the month in which said monies were accrued, except when otherwise agreed by the Fund, but not to exceed
by the end of the same month due.

2. Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
liable for all employee benefit claims which are incurred during the period of delinquency, damages, reimbursement to the Fund
for the Fund’s attorneys” fees, auditors’ fees. court costs. disbursements and expenses incurred by the Fund in recovering the
above. In addition, the Employer must pay all arrears due the Fund together with liquidated damages in the sum of ten percent
(10%) of the delinquent amount. The late payment of any delinquency by the Employer shall not in any way relieve it from the
obligations set forth above. In addition. when the Employer is notified in writing by the Fund that it is delinquent, the
Employer must immediately pay the detinquent amount to the Fund. After said payment. the Employer may appeal the Fund’s
decision to the Board of Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply
with any of the rules of the Fund, the Employer and all its participating employees. at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified herein.

3. The Fund may, at any time. audit the payroll records of any and all employees of the Employer at a time mutually agreed

1
REV. 201407


DAS

contribute by contract or statute, c) the date the NLRB certifies the results of an election that terminates the Union's
fepresentative status or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any contribution rate increases due under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall be made in accordance with the rules and regulations of the Fund. A new Participation
Agreement must be signed and submitted for each successor collective bargaining agreement,

[ 04/01/2016

Effective date of collective bargaining agreement:

Expiration date af collective bargaining agreement:!_03/31/2019

The Employ: ves shall not be entitled to participate in this Fund unless the Employer and the Union are
signatory to a current Participation Agreement.

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all prior or
contemporaneous agreements or understandings. whether oral or written, As such, this Participation Agreement may not be
modified except by a writing signed by all parties. Further, to the extent there exists any conflict between any provisions of this
Participation Agreement and any provisions of the collective bargaining agreement, this Participation Agreement shall control.

The parties hereto have caused this Participation Agreement to be executed on the date shown by each of their signatures below.

LOCAL UNION# _294 EMPLOYER; Grimm Building Materials Company

ADDRESS: 899 Third Steet / Labor Temple ADDRESS: PO Box 157 th
Albany, N9i2206.1642 Z Troy. NY 12181
of the Treasury

SIGNATURE:

PRINT NAME:Ghatles Greenfield PRINT NAME: Todd Grimm
t
PRINT TITLE:Business Agent PRINT TITLE; President
paTe:___3~17- Ib DATE: 3h3[le
Redacted by the U.S.
Department of the Treasury

NEW YORK STAT
131 NORTHERN CONC
MAILING ADDRESS;

ION AND RETIREMENT FUND

IEW YORK 13221-4928

SIGNATURE: DATE:

ECUTIVE ADMINISTRATOR

Ww

- 201407



Upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied with the Fund rules
and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the audit that has been performed by
the Fund, In addition, the Employer shall be responsible as set forth in this Participation Agreement and the Fund’s rules,
regulations and/or collection policies.

4. The Fund shall be open to participation by any group of members belonging to a participating Union that fully complies with
all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for employees working outside the
jurisdiction of the collective bargaining agreement in the amount indicated above. However, if these employees are included,
the Employer agrees to make contributions on all employees in this category subject to the same conditions and on the same
basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as long as there shall bea collective bargaining agreement between the Employer and the Union, subject to any
and all rules and regulations or decisions covering this group that are issued by the Fund. The Employer must request in writing
and receive written approval from the Fund in order to have these non-covered employees included. Such request must
specifically define the category or categories involved,

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-Management
Relations Act of 1947, as amended, or any other State or Federal statute or regulation, such declaration shall in no way impair
the effectiveness or continuity of the rest of the provisions of this Participation Agreement and such provisions are hereby
expressly declared to be saved from such illegality.

6, Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a maximum of
one full calendar year.

7. If an employee is granted a leave of absence, the Employer shall collect from said employee, prior to the leave of absence
being effective, sufficient monies to pay the required contributions during the period of absence and such monies shall
thereafter be promptly forwarded to the Fund in accordance with the rules of the Fund. In the event the Employer grants a leave
and does not so comply, the Employer must pay the contributions subject to all other requirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. If a regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the
Employer shall continue to make the required contributions for a period of four (4) weeks. Ifa regular employee is injured on
the job, the Employer shall continue to pay the required contributions until such employee returns to work. However, such
contributions shall not be paid for a period of more than 52___ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union or the
Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee, service provider,
Tepresentative or agent thereof, and all actions and proceedings commenced by or on behalf of said Trustees against any
claimant, applicant, employee, participant, the Union or the Employer pertaining to the Fund in any manner, shall be brought in
the appropriate court in the County of Onondaga, New York or other applicable tribunal located therein except where otherwise
provided herein. In regard to withdrawal liability arbitration proceedings, all such arbitrations shall be initiated in the Boston,
Massachusetts regional office of the American Arbitration Association and all hearings and related proceedings shall be
conducted in Syracuse, New York. In regard to federal district court actions, all such actions shall be commenced and heard in
the United States District Court for the Northern District of New York. The Fund shall not be subject to any
grievance/arbitration procedure set forth in any collective bargaining agreement. It is specifically agreed that any action or

proceeding commenced or initiated in any other jurisdiction or venue shall be transferred to the appropriate court or tribunal
specified herein.

Il. This Participation Agreement shall become effective as of the date of execution hereof and the payments provided
hereinabove shall be payable from and after 1402/2014 and continue until expiration of the collective bargaining

agreement on 10/31/2017 Subject, however, to the discretion of the Trustees. After expiration of the collective
bargaining agreement, this Participation Agreement shall continue in full force and effect until a successor collective bargaining
agreement is executed by the Employer and Union unless a) the Trustees terminate the participation of the Employer and
provide written notice of the date of termination, b) the Employer gives the Fund at least sixty (60) days advance written notice
by certified mail with return receipt requested of its intent to terminate participation because it no longer has an obligation to

2

REV. 201407


delinquent amount to the Fund, After said payment, the Employer may appeal the Fund’s decision to the Board of
Trustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the mules of the Fund, the Employer and all its participating employees, at the Fund’s sole discretion, shall cease to
participate in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund may, at any time, audit the payroll records of. any and all employees of the Employer at a time mutually
agreed upon at no extra charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund rules and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been performed by the Fund. In addition, the Employer shall be responsible as set forth in this
Participation Agreement and the Fund’s rules, regulations and/or collection policies.

4, The Fund shall be open to participation by any group of members belonging to a participating Union that fully
complies with all rules and regulations of the Fund. In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount indicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same conditions and on the same basis as is provided in this Participation Agreement, and the
Employer also agrees to continue to make contributions on all these employees for as long as there shall be a
collective bargaining agreement between the Employer and the Union, subject to any and all rules and Tegulations or
decisions covering this group that are issued by the Fund. The Employer must request in writing and receive written
approval from the Fund in order to have these non-covered employees included. Such request must specifically
define the category or categories involved.

5. Should any of the provisions of this Participation Agreement be declared to be in violation of the Labor-
Management Relations Act of 1947, as. amended, or any other State or Federal statute or regulation, such declaration.
shall in no way impair the effectiveness or continuity of the rest of the provisions of this Participation Agreement and
such provisions are hereby expressly declared to be saved from such illegality.

6. Payments to the Fund must be made by the Employer for all compensable vacation and holiday time up to a
maximum of one full calendar year.

7. Ifan employee is granted a leave of absence, the Employer shall collect from said employee, prior fo the leave of
absence being effective, sufficient monies to pay the required contributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the tules of the Fund. In the event the
Employer grants a leave and does not so comply, the Employer must pay the contributions subject to all other
Tequirements in paragraph 2 herein.

8. The Employer agrees to furnish such information as may be necessary to enable the Fund to carry out its duties.

9. Ifa regular employee is absent because of illness or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to make the required contributions for a period of four (4) weeks. If a regular employee
is injured on the job, the Employer shall continue to pay the required contributions until such employee retums to
work. However, such contributions shall not be paid for a period of more than NA __ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, against the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings commenced by or on behalf of said
‘Trustees against any claimant, applicant, employce, participant, the Union or the Employer pertaining to the Fund in
any manner, shall be brought in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. In regard to withdrawal liability arbitration

2