R2011-69 AUTHORIZING PROJECT LABOR AGREEMENT

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Article Il, Section 1 hereof, this Agreement shall not apply to their parents, affiliates, subsidiaries, City's or partners. Section 4. The Contractors agree to be bound by the terms of the Collective Bargaining Agreements and amendments thereto of the affiliates of the Decatur Building and Construction Trades Council and the applicable employers association, if any, the Mid-Central Illinois Regional Council of Carpenters, and the International Brotherhood of Teamsters and Chauffeurs Local #279. Such agreements are incorporated herein by reference. In order to comply with the requirements of the various fringe benefit funds to which the Contractor is to contribute, the Contractor shall sign such participation agreements as are necessary. Upon written notice from any fringe benefit fund, the City of Decatur, and/or the General Contractor will withhold payment of delinquencies occurring on this project from the involved Contractor. Section 5. The City and/or the Project Contractor have the absolute right to select any qualified bidder for the award of contracts on this Project without reference to the existence or non-existence of any agreements between such bidder and any party to this Agreement, provided that such bidder — as a condition of such selection — accedes to become a party and to be bound to this Project Labor Agreement in the event of a successful bid. Nothing herein shall require said bidder to adhere to the terms of this Project Labor Agreement beyond the term, or mutually agreed upon extension(s), thereof. Section 6. The provisions of this Project Agreement shall not apply to the City of Decatur, and nothing contained herein shall be construed to prohibit or restrict the City of Decatur or its employees from performing work not covered by this Project Agreement on the Project site. As areas and systems of the Project are inspected and construction tested by the Project Contractor or Contractors and accepted by the City, the Project Agreement will not have further force or effect on such items or areas, except when the Project Contractor or Contractors are directed by the City to engage in repairs, modifications, check-out, and warranty functions required by its contract with the City during the term of this Agreement. Section 7. It is understood that the City, at its sole option, may terminate, delay and/or suspend any or all portions of the Project at any time. Section 8. It is understood that the liability of any employer and the liability of the separate unions under this Agreement shall be several and not joint. The unions agree that this Agreement does not have the effect of creating any joint employer status between or among the City, Contractor(s) or any employer. ARTICLE III UNION RECOGNITION Section 1. The Contractors recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdiction working on the Project within the scope of this Agreement. Section 2. All employees covered by this Agreement who are members of the union on the effective date of this Agreement shall, as a condition of employment, maintain their membership in the Union during Page 4 of 16