delinquent amount to the Fund. Afler smd payment, (he Employer may appeal the Fund's decision to the Board of
Twustees, whose decision shall be final and binding. In the event of failure of the Employer to comply with any of
the miles of the Fund, ihe Employer and wll its participating employees, at the Fund's sole discretion, shall cease (o
participate im the Fond, ad the Ensployer shall be responsible for all the benefits and all other charges specified
herein.

3. The Fund tay, at any time, audit the payroll records of any and all employees of the Euployer 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 niles and/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
audit that has been pertonned by the Fund. In addition, the Employer shall be responsible as set forth in this
Parficypation Agreement and the Prautl’s mies, regulations and/or collection policies:

4 The Fund shall be open to purticipation by any group of members belonging to a participating Union that fully
complies with all cules and reevlations of the Fund, In addition, the Employer may contnlute te the Pund for
employees working outside the jurisdiction of the collective bargaining agreement in the amount medicated above.
However, if these employees are included, the Employer agrees to make contributions on all employees in this
category subject to the same couditions and on the same basis as (s provided i this Participation Agreement. and tie
Employer also agrees to confine to make coutribulions 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 nist request in writing and receive written
approval from the Fwnd in order to have these non-covered employees included. Sueli request mast specifically
defiue the category or categories involved.

$. 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 decaration

shall in no way impnir the effectiveness or continuity of the rest of the provisions of this Participation Agreement aud
such provisious are hereby expressly declared to be saved frou: sucht illegality,

6. Paynients to the Fund must be made by the Employer for all compenasble vacation and holiday time up to a
maxionun of one full calendar year

7. Ian employee is grinted a leave of absence, the Exuployer shall collect from said employee, prior to the leave of
absence bemg effective, sufficient monies (6 pay the requared coutributions during the period of absence and such
monies shall thereafter be promptly forwarded to the Fund in accordance with the niles of the Fund. In the event the
Ewployer grants 9 leave and does nol 4 comply, the Employer inst pay the contributions subject ia all ther
requirements in pamgroph 2 herein,

8. The Employer agrees to firrnish sucli informintion as may be necessary to enable tie Fund to carry ott its duties

9. Ifa regular employee is absent because of iliness or off-the-job injury and nofifies the Employer of such absence,
the Exsployer shal! continue to make the required contritmtions for a penod of four (4) weeks. Ifa regular employee
is injured on the job, the Employer shall continue to pay the reqnired contributions until sych employee returns. to
work. However, such contributions shall not be paid for a period of more than 0 weeks.

10. All actions and proceedings commenced or mitiated by avy clainant, applicant, emsployee, particypant, the Union
or the Employer, or their agents, suecessors 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 Unieu or the Eniployer pertaining to te Fund in
amy manner, shall be brought in the appropriate court m the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein, In regard to withdrawal liability arbitration

2


delinquent amount to the Fund, After said payment, the Easployet niny appeal the Fund's decision ja the Board of
Trustees, whose decision shall be final and binding, In the event of failure of the Employer 10 comply with any of
the niles of the Fund, the Employer and all its participating employees, at the Fund's sole discretion, skal] cease to
participate iy the Fund, and the Employer shall be responsible for all the benefits ant all otlier charges specified
bevel

3, The Fund may, at any time, aiidit the payroll records of any and all employees of the Employer al a time nniteally
agreed upon at no extra charge to the Employer, In the event it is found that the Eusployer has not filly complied
With the Fuad niles and/or provisions of this Participation Agreement, (he Employer shall pay the full cost of the
wudit that bas beew performed by the Fund, In addition, the Employer shall be responsible as set forth ii this
Participation Agreement and the Fund's ules, regulations and/or collection policies,

4. The Fund shall be open to participation by any group of mentbers belonging fo a participating Union that fully
complies with all ules and regulations of fhe Fund, In addition, the Employer may contribute to the Fund for
employees working outside the jurisdiction of the collective barganting agreentent 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 sanie contlitions arid on (he same basis as és provided it this Participation Agreement, and the
Employer also agrees to coutume to make contributions on all these employees for as long as there shall be a
collective bargaining agreewent between te Eiployer aud the Union, subject to any and all niles and regulations or
decisions covering this group that are issned by the Fund. The Employer unust request in wrifing and receive written
approval from the Fund in order fo have these non-covered employees included. Such request must specifically
define the category or calegories involved

5, Should any of the provisions of (his Participation Agreement be declared to be in violation of the Labor-
Marmgement Relations Act of 1947, as amended, or any other State or Federal statute or regulatiou, such declaration
shall inno way mnpair the effectiveness or continuity of the rest of the provisions of this Participation Agreenment adh
such provisions are Lereby expressly declared to be saved fiow such illegality.

6, Payments to the Find mist be made by the Employer for all compensable vacation and holiday time up to a
moxie of one fall calendar year

7, Wan employee js granted a leave of absence, the Employer shall collect from sand employee, prior to the leave of
Absence being effective, sufficient monies to pay the required contributions during the period of abseuce and such
monies skal} therealler be promplly forwarded to the Pund in accordance wilh (he niles of the Fond. In the event the
Employer grants a leave and does nol so comply, the Employer must pay the contributions subject to all other

requirements i paragraph 2 berein.
§ The Employer agrees to furnish stich information as niay be necessary to enable the Fund to carry out its duties.

9 Ifa regular eusployee is absent because of lies or off-the-job injury and notifies the Employer of such absence,
the Employer shall continue to muke the required contributions for a period of four (4) weeks, Ifa regular employee
ts injured on the job, the Exsployer shall continue to pay the required contubutions uni! such employee retums to
work. However, such contributions shail not be paid for a period of more than 0 weeks.

10. All actions and proceedings commenced of initiated by any claunant, applicant, employee, participant, the Union
or the Employer, or their agents, successors of assigns, agaist the Pund, the Trustees thereof or any employee,
service provider, representative or agent thereof, and all actions and proceedings conmmenced by or on behalf of said

Trustees against any claimant, applicant, employee, parlictpant, 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 excep! where otherwise provided herein. In regard to withdrawal liability arbitration

2


Tal

proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearings and related proceedings shall be conducted im 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 conumenced or
initiated in any other jurisdiction or venue shall be transferred to the approprinte court or tribunal specified herein

11. This Participation Agreement shall become effective as of the date of execution bereof and the payments above
provided shall be payable from and afler 312014 and expire on 2267018 This agreement shall continve in full
force and effect for the same ferm as the collective bargaining agreement. A new Participation Agreement nist be
signed and submitted for each subsequent collective bargaining agreement

Effective date of collective bargaining agreement March 1, 2014

Expiration date of collective bargaining agreement February 28, 2019

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 curren! Participation Agreement

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior or confemporancous agreements or understandings, whether oral or written. As such, this Participation
Agreement nay 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 unton# 118 EMPLOYER:_Mapleton AG Transport

4637 State Route 34B

ADpREss: 190 Metro Park Appress: Union Springs, NY 13160
Rochester, NY 14623

Redacted by the U.S. Departm of the Treasury
SIGNA

PRINT NAME: David Weilert PRINT NAME: Darci Gulliver
PRINT TITLE; Business Agent PRINT TITLE: Owner
: DATE:__4-\ia- ADIY

Department of the

p
NEW YORK STATE Tianna ICE PENSION AND RETIREMENT FUND

151 NORTHERN CON y 13212
MAILING ADDRESS: CUSE, NEW YORK 13221- 492

SIGNATURE.

EXECUTIVE ADMINISTRATOR

REV. 1/2012


the Employer is notified in writing by the Fund that it is delinquent, the Employer must immediately pay the
delinquent amount to the Fund. Afier 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, st 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. 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 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 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 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 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

2


eau
proceedings, all such arbitrations shall be initiated in the Boston, Massachusetts regional office of the American
Arbitration Association and all bearmgs 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 1/2012 and expire on 5902016 This agreement shall continue in full
force and effect for the same tenn 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 JUNE 1, 2012
MAY 31, 2016

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

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

LOCAL unton# 118 = EMPLOYER: MANITOU CONSTRUCTION

ApprEss: 130 METRO PARK AppREss: 1260 JEFFERSON RD

R, NY_14623 ROCHESTER, NY 14623
Redacted by the U.S. Department of the Treasury

,
PRINT NAME: CHRISTOPHER P. TOOLE PRINT NAMEJOHN TOPPING
PRINT TITLE: BUSINESS AGENT PRINT TITLE- GENERAL MANAGER

DATE:

Department of the Treasury
NEW YORK STA
151 NORTHERN ©
MAILING ADDRE

ICE PENSION AND RETIREMENT FUND
Y 13212

ACUSE, NEW YORK 13221, 4928
; pate:__/f@/{)

SIGNATURE:

REV. 1/2012


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 Pund, the Employer and all its participating employees, at the Pund’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 Pund 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 saune 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.

$. 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
maxinmm 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, <slcions cious ts vie'en eapiech odasaes toadaa th torial ot mens nat oo
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 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 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


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 Northem District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venue shal! be transferred to the appropriate court or tbunal 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 62012 and expire on 5/31/2016 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 JUNE 1, 2012

Expiration date of collective bargaining agreement MAY 31, 2016

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 of 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 unton# 118 EmMpLorer: MANITOU CONSTRUCTION

AppreEss: 130 METRO PARK ApprEss: 1260 JEFFERSON RD
ROCHESTER, NY 14623

SIGNATURE:
PRINT NAME: CHRIST@PHER P. TOOLE
PRINT TITLE: BUSINESS AGENT

DATE: Z te Lif L2- ro i

Redacted by the U.S.
Department of the Treasury

Ba esrei it. ‘GENERAL MANAGER
DATE: EA z

NEW YORK STATE
151 NORTHERN CO! 13212
MAILING ADDRESS USE, NEW YORK 13221- 493

SIGNATURE: _' DATE: 1/6 (sail

EXECUTIVE ADMINISTRATOR

E PENSION AND RETIREMENT FUND

REV, 1/2012


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 “UnionTM) 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) Mantou Consiructon Ca - Concrete Maer Drivers

60 Month DB
Rehabilitation (8.05 if Total
Schedule Rates of Contribution:

Default Oo Effective snvani2 $551 so5t suwawenas
Schedule A [_] Effective @1a013 3598 Ed 9
ScheduleB Effective srvani as rary aeons
ScheduleC [J Effective @12015 99 rr iececas
Schedule []) Effective

Schedule E [i] Effective

Contract Type: Cups ( Freight-National {TM) Construction — [] Municipal (7 Other
Covered Employees: [m1] Bargaining C 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


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 maxinuun:

Covered Group of Employees (Define) Mantcu Construction Co. - Dump Truck Devers

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

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default OO | Yes (0 | Effective sro sia9 4.89 Ao
ScheduleA [) | No [@] | Effective srvzors wa) ror) Peper
Schedule B  [) Effective srvzon $554 558 he
ScheduleC ([) Effective snows $530 35.90 mari weet
ScheduleD  [) Effective
ScheduleE [J Effective
Contract Type: Clups (C3 Freight-National {Construction — [[] Municipal (7 Other
Covered Employees: [#) Bargaining (1) Non-Bargaining

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

Formula for Road Drivers Contnbutions: 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 here 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


bbl

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 Norther District of New York. It is specifically agreed that any action or proceeding commenced or
initiated in any other jurisdiction or venuc shal! 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 09912015 and expire on 92282017 __'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 cach subsequent collective bargaining agreement.

Effective date of collective bargaining agreement 03/01/2014

Expiration date of collective bargaining agreement 02/28/2017

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 partics and supersedes all
prior or contemporancous 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# 294 EMPLOYER: Malley Trucking Inc.

ADDRESS: 890 Third Street ADDRESS: 307 Beaver Dam Road
Montgomery, NY 12549

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

PRINT NAME: Kevin D. Hunter PRINT NAME:_(!\i¢
PRINT TITLE: Business Agent PRINT TITLE:;_Ougned - "Re x
DATE: shelf paTe:__3e t= JH

‘ Redacted by the U.S
NEW YORK STATE TE ARBRE sea uty

15) NORTHERN CONCOWEERTIV INY 13212
MAILING ADDRESS: ACUSE, NEW YORK. 13221- 4928

SIGNATURE: I _| DATE: fa if
SCUTIVE ADMINISTRATOR

REV. 11/2012

ENSION AND RETIREMENT FUND


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) Mantou Consineson Co - Retirees

60 Month 60 Month DB
Rehabilitation Death (5.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default fl | Yes () | Effective sao sau sau seen ecm
ScheduleA [] | No [mi] | Effective sors car ar re
ScheduleB [_] Effective scot wu 4 sim
ScheduleC ([] Effective ions Crary crery Lee roe
ScheduleD (_] Effective
ScheduleE () Effective
Contract Type: Ours ( Freight-National {TM] Construction — [_] Municipal ( Other
Covered Employees: [TM] 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 dnven m 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


42 (|

(2
proceedings, all such arbitrations shall be initialed 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 tnbunal 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 afler 61/2012 and expire on 42020168 -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 JUNE 1, 2012

Expiration date of collective bargaining agreement MAY 31, 2016

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

13. This Participation Agreement represents the entire agreement and understanding of the parties and supersedes all
prior of contemporaneous agreements or understandings, whether oral or written. As such, this Participation
Apreement nay not be modified excep! by a wnting 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 unton# 118 EMPLOYER: MANITOU CONSTRUCTION

AppREsS; 130 METRO PARK ADpRESS: 1260 JEFFERSON RD

ROCHESTER? N¥14623 ROCHESTER, NY 14623
Redacted by the U.S. Department of the Treasury

SIGNATURE;

PRINT NAME: CHRISTQPHER P. TOOLE
PRINT TITLE: BUSINESS AGENT

DATE;

PRINT NAME: JOHN TOPPING
PRINT TrrLE: GENERAL MANAGER

DATE: ofzifre

NEW YORK STATE UES NCE PENSION AND RETIREMENT FUND
151 NORTHERN CO} NY 13212
MAILING ADDRESY RACUSE, NEW YORK 13221-4928

SIGNATURE; DATE:

REV. 1/2012


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 “UnionTM) and Employer.
is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter “FundTM).
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 of any other
rule or provision of this Participation Agreement.

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

Matt Brewing Company - #4685

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 Yes () | Effective ovewon 20864 20568 2m
Schedule A No [a] ongigt? 21798 aso any
Schedule B ousnea1a 206 23106 naar
Schedule C Effective

Schedule D Effective

‘Schedule E Entective

Schedule G Effective

Contract Type: = TJ) urs O Freight-National (Construction [Municipal — (&] Other

Covered Employees: ff) Bargaining = (1) Non-Bargaining

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

Formula for Road Drivers Contritutions; 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 atiomey's” 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 kue 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 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 10
participate in the Fund. and the Employer shall be responsible for all the benefits and all other changes 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

|
REV, 201407


ORIGINAL

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 “UnionTM) and

is the basis for participation in the New York State Teamsters Conference Pension & Retirement Fund (hereinafter

‘The Employer. its participating employees, and the Union, as a condition of participation in this Fund, are bound by this
Participation Agreamem, the Trust Agreement, Plan documents ond all of the rules and regulations of the Fund now and/or
hervafter adopted by the Board of Trustees.

(b) The Employer and Union tndersand and agree that the Fund contributions shall be made, as set forth herein, ow all
employees doing bargaining unit work, irrespective of whether said employees are full-thne. 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
tule of provision of this Ponticipation Agreement,

(e) The Employer agrees to contribute as follows, not to exceed the maxlinin:

co of inpbnens(oviny LINAC Gas LLC - Garage/Mechanics #1466

6) Momh 60 Momh DB
Rehabilitation Denti (8.05 if Total
Schedule Henett | Kates of Contribution: Hourly. elected) Hourly Weekly
Default Yes () | Giecte: semeee | lL. MR Ce
Schedule A No [®) | Effective orewene To) wo) or
‘Schedule B Effective seaaer am fer rr
Schedule C Effective anew Cr) 8050 1029
Schedule D KEffective exevaoa so Sas aS
‘Schedule E Kttective
Schedule G Efieetive
Comet Type: = CQ) urs 1 Preigit-Nutionat (Construction (C) Municipal  [) Other

Covered Employees: [&) Bargaining — [] Not-argaining

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

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

(d) All such payrnents 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 mouth in which said monies were aceried, exceps when otherwise agreed by the Fund, but not to exceed
by the end of the same month din,

2, Failure on the part of the Employer to timely contribute on any of its employees as specified herein shall make the Employer
Table 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’ icyohsutahogrinanr ania groan wd apcehid yl qiktme
above, In addition, the Employer must pay all arrears due the Fund tagether with liquidated damages in the sum of ten percent
(10%) of the delinquent amount, The inte payment of ary delinquency by the Employer shall not in any way relieve it from the
obligations set for above. te uidhion’ sieoh the Imibteger © sama te shina Up Sa fond ur Es doteeaen Oe
Employer must immediately pay the delinguent amoent 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, oodit the payroll records of any and all employees of the Employer at a time mutually agreed
!
REY, 201407


proceedings, all such arbitrations shall be initiated m 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 venve shall be transferred to the appropriate court or tnbunal 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 82012 and expire on 5912016 This agreement shall continue in full
force and effect for the same term as the collective bargaming agreement. A new Participation Agreement must be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement JUNE 1, 2012

Expiration date of collective bargaining agreement MAY 31, 2016

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 wnting 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: MANITOU CONSTRUCTION

ADDRESS: 130 METRO PARK ADpREsS: 1260 JEFFERSON RD

PRINT NAME: © PRINT NAME"

PRINT TITLE: GENERAL MANAGER
DATE: tole t al z

PRINT TITLE: BUSINESS AGENT an

DATE: a Ava 2 |

Department of the
NEW YORK STATE TEAMS
151 NORTHERN CONC
MAILING ADDRESS:

ICE PENSION AND RETIREMENT FUND
YY 13212
E, NEW YORK 13221- 492:

a

SIGNATURE: DATE: 6

EXECUTIVE ADMINIS

REV. 1/2012


delinquent ansount to the Fund. After said payment, the Eniployer may appeal the Fund's decision to the Board of
Trustees, whose decision shall be Gaal and binding. In the event of failure of the Employer to comply with any of
the rules of te Find, the Enyployer and oll its pariicipating employees, at (he Fund's sole discretion, stinll vease to
participete in the Fund, and the Employer shall be responsible for all the benefits and all other charges specified
berein.

3. The Fund may, at any tae, audit the payroll records of any and all employees of the Enyployer af s tune niutually
agteed upon al no extra charge to the Employer. In the event it is found that the Employer has not fully conyplied
with the Fusd niles ant/or provisions of this Participation Agreement, the Employer shall pay the full cost of the
andit (hat bas 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 Find shall be open to participation by any group of members belouging tu a participating Union that fully
complies with all rules and regulations of the Fund lr addition, the Ewployer may conmbwte to the Fuad for
employees working outside the jurisdiction of tbe collective bargaining agreement in the amount indicated above,
However, if these employees ure included, the Exuployer agrees fo make contributions on all employees iu thus
category subject fo the sine conditions and ou the same basis as is provided m this Participation Agreement, and the
Employer also agrees to confine to make contributions on all these employees for as long as there shall be «
collective bargaining agreement between the Employer and the Union, subject fo any and all rales and regulatans or
decisions covering this group (hat are issued by the Fund. The Employer must request in writing nnd 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 ameuded, 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 Jor all compensable vacation aid holiday tine up to a
maximum of one full calendar year,

7, Ifan employee is granted a leave of absence, the Employer shall collect ftom said employee, prior to the leave of
absence being effective, aufficient monies to pay the required contributions during the period of absence and such
monies shal) (hereafler be promptly forwanded to the Fund mm accordance with the cules of the Fuad, In the event the
Etnployer grants a leave and does not so comply, the Employer nmust pay the contributions subject 10 all other

requirements i paragraph 2 herem.,
8, The Employer agrees to furnish such formation as may be necessary {a enable jhe Fund to carry out its ditties,

9, fa regular employee ts absent because of illiess or off-the-job myury and sotifies the Employer of such absence,
the Eniployer 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 requived contributions until such employee retums to
work. However, such contributions shall not be paid for a period of more than 0 weeks,

10. All actions and proceedings commenced or instiated by any clainant, applicant, employee, participant, the Union
or the Employer, or their agents, sticééssars 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, emsployee, participant, the Union or the Employer pertaming to (he Fund in
any manner, shall be brought i the appropriate cout in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided herein. [1 regard to withdrawal liability arbitration

2


3. The Fund may, at any time, audit the payroll records of any and all employees of the Employer at a time mutually
upon at no extra

agreed no charge to the Employer. In the event it is found that the Employer has not fully complied
with the Fund mules 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 Pund’s rules, regulations and/or collection policies.

' 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. [fan 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 myured 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 ©___ weeks.

10. All actions and proceedings commenced or initiated by any claimant, applicant, employee, participant, the Union
ot 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

1. (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “UnionTM) 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) MAPLETON AG TRANSPORT

60 Month DB
(5.05 if Total

Rates of Contribution: Hourly elected) Hourly Weekly
Effective sou 2 20 240
Effective a veers Er) ETT) 121.00
Effective sane a9 a2 131.60
Effective avoir 1 Er) 420
Effective 3weow 28s 385. 154.00
Effective

(CO Freight-National () Construction () Municipal [Mi] Other

{m) Bargaining C) 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 attomeys’ fees, anditors’ 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


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 “UnionTM) 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) £9814 tatey Trucking inc

60 Month DB
Rehabilitation | “ Death = | (8.05 if Total

Schedule Benefit | Rates of Contribution: Hourly elected) Hourly Weekly
Default Yes w! Effective awowao 400 409 100.00
Schedule A No Effective osowgo1s cE] am 08.00
Schedule B Effective Ssov2016 aapse sepee 179.78
Schedule C Effective
Schedule D Effective
Schedule E Effective
Schedule G Effective
Contract Type: () UPS (C1 Freight-National C)Construction ([) Municipal  [ Other

Covered Employees: [i Bargaining CD 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 duc.

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


12317

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 5/2012 and expire on 5012006 This agreement shall continue in full
force and effect for the same term as the collective bargaining agreement, A new Participation Agreement mmst be
signed and submitted for each subsequent collective bargaining agreement.

Effective date of collective bargaining agreement JUNE 1, 2012

Expiration date of collective bargaining agreement MAY 31, 2016

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 of 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 unions 118 EMPLOYER: MANITOU CONSTRUCTION

AppREss: 130 METRO PARK ADpRESs: 1260 JEFFERSON RD

ROCHESTER? NY14623 ROCHESTER, NY 14623
Redacted by the U.S. Department of the Treasury

SIGNATURE:
PRINT NAME: CHRISFOPHER P. TOOLE pRIntNamyZJOHN TOPPING
PRINT TITLE; BUSINESS AGENJ—) PRINT TITLE: GENERAL MANAGER
DATE: LLL? | DATE:__¢/26/iz-

Redacted by the U.S. Department
lof the Treasury

PENSION AND RETIREMENT FUND
13212

USE, NEW YORK 13221-4928

DATE: ifs ye

NEW YORK ST.
151 NORTHERN
MAILING ADDR

SIGNATURE:

REV. 1/2012


delinquent amount fo the Fund, After said payment, the Employer ulay appeal the Funrl's decision (o the Board of
Trustees, whose deeision shall be final and binding. In ihe 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 m1 the Pind, and the Employer shall be responsible for all the benefils and all other charges spectfied
herein.

3, The Fund ouy, at any tinie, audit the payroll records of any and all enyployees of the Eaiployer at a Gime mittually
agreed upon at no extm charge to the Employer. In the event if is found that the Employer has not fully complied
with the Fund rules and/or provisiows of this Participation Agreement, the Enployer shall pay the full cost of the
audit that has been performed by the Find, iy addition, the Employer shall be responsible as set forth in this
Pasticipation 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 coutribute to (he Fund for
employees Working outside the jurisdiction of the collective bargainmy agreement mi the amount indicated above
However, if these employees are included, the Employer agrees to make contributions on all employees in this
catezory subject to the same conditions and on the samme basis as is provided tn this Participation Agreement, and the
Employer also agrees 10 continue to make contributions on all these employees for as long as there sliall be 4
collective bargaining agreement between the Employer and the Union, subject to any and all niles 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 Find in order to have these non-covered employees inchided Such request nist 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, ss amended, or any other State or Federal statute or cegulation, 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 illepality

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

7. [fan employee is granted a leave of absence, the Employer shall collect from said enrployee, prior to the leave of
absence being effective, sufficient momes to pay the required contributions during the period of absence und such
monies shall thereafies be promptly forwarded to the Fund in accordance with the niles of the Fund. In the even! 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,

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

9. Ifa regilar enyployee is absent because of illness or off-the-job injury and notifies te Employer of such absence,
the Employer shalf 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 iatil such employee returns to
work. However, such contributions shail not be paid fors period of more than &___ weeks.

10. All actions aud proceedings commenced or iuitiated by any clainaut, appheant, employee, participant, the Union
or the Employer, or their agents, successors or assigns, agaist the Fund, the Trustees thereof or any employee,
service provider, representative or agent thereof, aud all actions and proceedings commenced by or on behalf of said
Trustees agains! any claimant, applicant, eu\ployee, participant, the Unton or the Employer pertaining to the Fund in
wy manner, shall be bronght in the appropriate court in the County of Onondaga, New York or other applicable
tribunal located therein except where otherwise provided berem, by regard to withdrawal liability arbitration

2


AY

contitate by contract or siatute, c) the date the NLRB certifies the resulis of an clection that terminates the Union's
representative statis or, d) the date the Union's representative status terminates through a valid disclaimer of interest. The
Employer shall pay any conitribation rate increases duc under the Rehabilitation Plan in effect during negotiations with the
Union and such payments shall he made in accordance with the rules and regulations of the Fund, A new Panicipation
Agreement must be signed and submsitted for cach successor collective bargaining agreement,

Effective date of collvetive bargaining agrecasci: priowv2o15
Expieation date of collective bargaining agreement; 127012020

12. The Employer ard its employees shall not be emitled to participase in this Fund unless the Employer and the Union are
dlynatory to 2 current Participation Agreement

13. This Participation Agreement represents the entire agreement and understanding of the parties und supersedes all prior or
conlemporanecous agreements or uwerstandings, 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 partics hereto have caused this Panicipaion Agreement to be executed on the date shown by cach of their signatures below,

LOCAL UNIONA 449 _ EMPLOYER; _Linde Gas LLC

ADDRESS: 2175 Wiliam Stroct ADDRESS; 101 Katverine Sime:

alta, NY 14: wy Buflato. My 14210
Redacted by the U.S. Department of the Treasury

SIGNATURE:

PRINT NAME:Kawin Drysdale _

PRINT TI TLe,Business Agent, ‘
DATE: Lil [fa
Redacted by the
U.S. Department

NEW YORK STATE TE ENCE PENSION AND RETIREMENT FUND
151 NORTHERN CONC

MAILING ADDRESS: 7 MEW YORK 13221-4928
—_—
SIGNATURE: ; DATE: A I, ‘
EXECUTIVE ADMINISTRA TOR 7

REV, 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 Panicipation Ayrecment, 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 ee Union that fully complies with
all rules and regulations of the Fund. In addition, the Employer may Fund for employees working outside the
jurisdiction of the collective bargaining agreement ists aousl edna ae: However, if these employees are included.

esp nr fdegepeledoyeeyTMn tn. ryan bem ar epanain Aaytiy oaaheapaes nia padrepeme
basis as is provided in this Participation Agreement, and the Employer also agrees to continue to make contributions on all these
employees for as tony as there shall be a collective agreement between the Employer and the Union, subject to any
and ail rules and regulations of 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 oF categories involved.

Relations Act of 1947. as amended. or any other State or Federal stale or regulation, such declaration shall in no way impair
the effectiveness or cominuity 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 thine up to a maximum of
one full calendar year,

7, ifan employee is gramed a leave of absence. the Employer shall collect from said employee, prior to the heave 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 grams a leave
and does aot 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 absenee, 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 _52__ weeks.

:

agreement on EE ENS __ Subject. however. to the discretion of the Trustees. Afler expiration of the collective
bargaining agreemem. this Participation Agreement shall continue in full force and effect until a successor collective bargaining
ayreement is executed by the Employer and Union unless a) the Trustecs 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, ils 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 maximunt:

Covered Group of Employees (Define) Mantou Constuction Co, - Cement Haul Crivers

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

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default OO | Yes (1 | Effective sevzorz $429 429 co ers
ScheduleA [] | No [Mi] | Effective siz $457 uaT ey
Schedule B [i Effective srvanie Saar sa7 ot RED
ScheduleC ([ Effective aor rer) roar on
ScheduleD ([) Effective
ScheduleE [J Effective
Contract Type: Ours C1 Freight-National (=) Construction — [] Municipal (J Other
Covered Employees: [m) Bargaining C) 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 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


THE NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND
ite ION AGR

1, (a) This Participation Agreement, executed by the undersigned Teamsters Local Union (hereinafter “UnionTM) 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) Mantou Constrsction Co. Concrole Miner Drivers PROGRESSION RATES

60 Month 60 Month DB
Rehabilitation Death (8.05 if Total

Schedule Benefit Rates of Contribution: Hourly elected) Hourly Weekly
Default OO] Yes (1 | Effective stantoc nate rate $025 , $025 em ence
Schedule A [] | No [ml | Effective AFTER45DAYS 31.00 Ay $100 oo
ScheduleB ([] Effective AFTER ONE YEAR 25 Fo22 3135 ——
ScheduleC (J Effective AFTERTWO YEARS 3150 Hao aan
ScheduleD [] Effective AFTERTHREE YEARS © $1.75 CQ DU) 3175 Sa
ScheduleE [8] Effective AFTER FOUR YEARS TUL MATE CH ST WE CORTE —eD
Contract Type: Ours (7 Freight-National (=) Construction [|] Municipal — [_] Other
Covered Employees: [l) 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