Contractors' Association of Greater New York, Inc.

Amendment To

The General Contractors Association of New York Inc and

New York District Council of Carpenters Local1456 Dockbuilders Agreement

2006– 2011

This Amendment dated January 28, 2008 between the General Contractors Association of New York, Inc. (“GCA”) and the New York District Council of Carpenters, Local 1456 Dockbuilders (“District Council”), amends the collective bargaining agreement for the period July 1, 2006 through June 30, 2011 and is applicable to Marine Divers and Marine Diver Tenders. Both the GCA and the District Council agree that the amendment is effective as of January 28, 2008 and is not retroactive.

Except as enumerated in this Amendment, all other provisions of the collective bargaining agreement between the GCA and the District Council remain unchanged.

ARTICLE I WAGES AND BENEFITS

All Divers and Tenders shall be paid on no less than eight (8) hour basis, per day.

Stand-By Time Payment— Divers

A Master Diver and Marine Diver shall receive the Marine Diver’s rate of wage for Stand-By Time. A Marine Diver Tender shall receive the Marine Diver Tender’s rate of wage for Stand-By Time.

Marine Diver Wages and Benefits Rate (per hour)

Effective Date: Hourly Wage	7/1/07-6/30/08$52.53
Fringe Benefits Total Wage & Fringe H.C.I.F.	$36.32 $88.85$ 0.35

Marine Diver Tender Wages and Benefits Rate (per hour)

Effective Date: Hourly Wage	7/1/07-6/30/08$37.36
Fringe Benefits Total Wage & Fringe H.C.I.F.	$36.32$74.10$ 0.35

Wage rates and fringe benefit contributions shall be reallocated by the Union prior to July 1 of each year of the Agreement.

Depth and Penetration Rates–Divers

In addition to the wage and benefit rates set forth in this Amendment, employees who dive will be paid the following depth and penetration rates:

DEPTH RATES

Air Dives

Oft.- 59 ft. 60 ft.- 74 ft.

No depth rate25 cents/ft./day from & over depths of 60 ft.

75 ft.– 125 ft. 78 cents/ft./day from & over depths of 75 ft.

Mixed Gas Dives

• 0 ft. – 74 ft No depth rate

• 75 ft. – 125 ft. 78 cents/ft./day from & over depths of 75 ft.

• On dives with depths of 126 feet to 200 feet, the additional pay shall be at the rate of

$1.60 per foot.

• Any dive over 200 feet shall be negotiated between the Diver and the Employer.

PENETRATION RATES

Penetration Dives

126 ft. to 200 ft. $1.00 per foot

• 201 ft. to 275 ft. $1.25 per foot

• 276 ft. to 350 ft. $1.50 per foot

• 351 ft. to 425 ft. $2.00 per foot

On Penetration Dives over 426 feet, the penetration rate will be a matter of negotiation between the Diver and the Employer, but in no event shall it be less than the maximum per foot rate set forth above, and the Diver will notify the District Council of the rate agreed upon between the Diver and the Employer.

ARTICLE II CONDITIONS-DIVERS AND TENDERS

(a) Diving Unit

A Master or Marine Diver and a Marine Diver Tender shall constitute a diving unit. The Marine Diver Tender shall attend only one (1) Marine Diver at one (1) time. A Marine Diver may serve as a Marine Diver Tender on any shift during which he is available to dive, and Marine Diver shall be paid at the Marine Diver’s rate of wage, for any shift during which he is employed exclusively as a Marine Diver Tender. On all dives where only one Dive Team is needed, the Dive Team will consist of a minimum of three (3) people as determined by OSHA regulations. On all construction jobs where one or more Dive teams are needed.

they will always be assisted by Dockbuilders. A diver must be qualified to operate all life supporting equipment, when applicable, as per O.S.H.A. and U.S. Coast Guard requirements.

(b) Varying Shift Commencement

It is understood and agreed that, because of certain ordinances governing certain operations, such as blasting and similar operations, shift hours will be arranged to conform with such regulations, and such shift work will be paid for at the single time rate, in conformity with the terms contained in this Agreement. It is agreed that on tide work, the Contractor can start his or her job according to tide schedules providing the eight-hour shift starts and ends between the hours of 6:00 a.m. and 6:30 p.m. A Diver cannot work more than eight hours in a 24-hour time period unless it is determined as overtime.

A Decompression Chamber will be available at a job site when decompression is required by O.S.H.A. or U.S. Coast Guard requirements.

(d) Diver Employee Tools and Dressing Room

The Employer shall provide a suitable shed or room of sufficient size for the Divers’ tools and clothing when the project is operating and employees covered by this Agreement are employed on the project. If an employee covered by this Agreement is storing his tools and/or clothing in said facility, the Employer shall be responsible for the loss of said tools and/or clothing due to fire, flood or theft, but such liability shall be limited to a sum not to

exceed:

Tools: Overcoat: Clothing: Shoes:

$300.00$100.00$100.00$ 50.00

Upon submission of appropriate proof of loss to the Employer following the acceptance of said submission, the employee shall be paid immediately after proof of loss has been determined.

(e) Equipment

Each Marine Diver and Marine Diver Tender shall furnish his own knife and underwear. The Employer shall supply all equipment if they so desire, providing all equipment meets OSHA safety standards and has all proper certifications. For all jobs bid by the Employer after January 28, 2008, if the Diver is asked to supply equipment required to function as a Marine Diver or Marine Diver Tender the payment to the Diver for providing that equipment shall be based on the following:

Gear Rental;

Diver’s Hats– $50.00 Daily Rate

Diver’s Dress $50.00 Daily Rate

Diver’s Hats– $150.00 Weekly Rate

Diver’s Dress $150.00 Weekly Rate

j Diver’s Hat s $450.00 Monthly Rate

‘ Diver’s Dress $450.00 Monthly Rate

Diver’s full setup includes the following:

j Hat, Dress Compressor, Filter, Rack, Air Hose, Radio, Volume Tank $ 250.00 Daily Rate

! $ 750.00 Weekly Rate $2,250.00 Monthly Rate

The Employer shall pay the Diver(s) the weekly rate for equipment if the Diver(s) provides his own equipment a minimum of three (3) days in one week The Employer shall

j pay the Diver(s) the monthly rate if the Diver(s) provide their own equipment a minimum of three days(3) per week for three weeks in a month. A Diver shall not receive more than one

i Dive Rental payment per week and/or per month per Employer. In order to receive the Dive Rental payment, the Diver’s gear must be in working order and must be current with all required certifications.

For all jobs in New York bid prior to January 28, 2008, the Employer shall pay the following Gear Rental Rates:

Diver’s Hats – $25.00 Daily Rate

Diver’s Dress $20.00 Daily Rate

Full Setup (as Defined above): $125.00 Daily Rate

Divers shall not be eligible for retroactive adjustments to payments received prior to January 28, 2008.

Payments to the Divers shall be made on either a weekly or monthly basis, if the Diver will be consistently employed by the same Employer for that month. If the Diver is laid off by the Employer at any time, any payment that is due to the Diver for Equipment rental must be made by Employer at the time of layoff. The Union shall have the right to bring a grievance against an Employer who fails to make payments to Divers pursuant to the provisions of this Agreement.

In order to use their own equipment, a Diver must provide current certifications for their equipment at the time of hire and must maintain those certifications during the course of their work. The Diver shall be responsible for maintaining their certifications at all times. Divers who cannot provide current certifications should not be permitted to use their own equipment, and shall be required to use the Employer’s provided equipment in order to work as a Diver. If the Employer requests the Diver to use his own equipment, the Employer shall inspect the certifications at the time of hire and shall pay the Diver for the rental of the equipment if the Employer is allowing the Diver to use his own equipment. When the Diver uses his own equipment, the Employer shall pay the gear rental payment to the Diver.

Effective July 1, 2008, all Divers must provide current certifications from an accredited independent testing facility that the Diver-provided equipment meets all applicable OSHA, ANSI and US Navy diving standards. At minimum, certifications must include:

a) semi-annual air quality tests as required by OSHA regulation 29 CFR 1910.430;

7 b) all equipment using compressed air has been pressure tested to

a minimum of 1.5 times the working pressure as required by OSHA regulation 29 CFR 1910.430

c ) diver’s helmet is in complete working order and free of dry rot

Tn addition. Divers shall be expected to replace their charcoal and particulate filters at least once for every 200 hours of diving time. All tests of Diver-provided equipment shall be at the Diver’s expense. The Diver shall make test records and/or logs readily available to the Employer.

All repairs to Diver provided equipment shall be made at the Diver’s expense, unless the equipment is damaged due to the Employer’s operations and the Diver immediately reports the damage to the Employer.

(f) Physical Examination, First Aid Training & Training in Tools

All Marine Divers and Marine Diver Tenders should be certified as Divers. To be considered qualified to dive, a Diver must show proof that he has had a physical exam administered by a physician, as defined in O.S.H.A. (P. 1910. 411 Medical Requirements) indicating he is medically fit to dive, within the last 12 months. In the case of hospitalization for more than 24 hours the Diver must have an additional exam indicating his fitness. All Marine Divers and Marine Diver Tenders must show proof of training or experience in all the tools and diving operations and emergency procedures, as set forth in O.S.H.A. All Marine Divers and Marine Diver Tenders shall show proof they have had First Aid Training (American Red Cross Standard Course of equivalent) and training in Cardio-Pulmonary Resuscitation to be considered qualified as set forth in O.S.H.A. All Marine Diver Tenders should have training in a Diver Tender Course, which will be available at the New York District Council of Carpenters Apprenticeship School.

(g) Stand-by Time Divers and Tenders

Stand-by Time is defined as:

(1) time when a Marine Diver is requested to report to a job for consultation

but makes no descent; or

(2) time when a Marine Diver is requested to report to a job and through no

fault of his own makes no descent.

(h) Shifts – Divers and Tenders

(1) A single shift shall be a continuous nine (9) hours, starting at 8:00 a.m., except when

necessary to conform with the provisions of this Article II, Section (b). The

mealtime shall be one (1) hour, but it may be curtailed by one-half (/z) hour.

(2) When Inspection Dives or Investigation Dives, which can be completed within eight

(8) hours, are performed, for the sole purpose of determining underwater conditions

on any off-shift where no other trades are working, the following conditions shall

prevail:

a) No tools are to be utilized for construction purposes, only those tools which

are needed for the proper ascertaining of the underwater conditions of the site

to be inspected or investigated shall be used.

b) Ordinary diving gear and other appropriate safety gear which meet

governmental standards and codes and conform to all the requirements of this

Agreement may be worked or utilized.

(3) On all inspection dives where only one Dive Team is needed, there shall always be a

third person present at all times, for safety purposes.

(4) When any work is performed on off-shifts with other trades that receive premium

wages, then the employees covered by this Agreement shall also receive premium

wages. When divers and diver tenders are working off-shift and no other trade is

present and receiving premium wages, then said divers and diver tenders shall work

at straight time rates for the first eight (8) hours of said off-shift.

a) When two (2) shifts are employed, the work period for each shift shall be a

continuous eight (8) hours.

b) When three (3) shifts are employed, each shift will work seven and one-half

(7!6) hours but will be paid for eight (8) hours, since only one-half (/2) hour is

allowed for mealtime.

c) When two (2) or more shifts of Marine Divers and Tenders are employed,

single time will be paid for each shift.

d)	A week shall start at 8:00 am. Monday and end at 8:00 a.m. Saturday, except when necessary to conform with the provisions of this Article II, Section (b).
(i)	Overtime– Marine Divers & TendersTime and one-half the wage rate shall be paid for all work performed in excess of

eight (8) hours per day, and for all work performed on Saturdays. Work performed on Sundays and holidays will be at the double time rate. No employee shall be required to work more than ten (10) hours. When a Diver is required, in accordance with O.S.H.A. or U.S. Coast Guard standards, to remain in a Decompression Chamber beyond his eight (8) hour shift, such time shall be paid at the appropriate rate of pay, as provided herein.

ARTICLE ID MOBILITY OF DIVERS AND TENDERS

This Agreement will reflect the mobility of Divers and Tenders as outlined in the United Brotherhood of Carpenters and Joiners of America’s General Executive Board Meeting. All Fringe Benefit Payments shall be made to the New York District Council of Carpenters.

THE DISTRICT COUNCIL OF

CARPENTERS OF NEW YORK

CITY AND VICINITY OF THE

UNITED BROTHERHOOD OF

CARPENTERS AND JOINERS

OF AMERICA, FOR THE

DOCKBUILDERS, PIER

CARPENTERS, HOUSE MOVERS,

PILE DRIVERS AND FOUNDATION

WORKERS AND MARINE

CONSTRUCTORS LOCAL UNION

NO. 1456

THE DISTRICT COUNCIL

FOR AND ON BEHALF OF AND AUTHORIZED BY THE MEMBERS OF THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC. AND OTHER EMPLOYERS, GENERAL CONTRACTORS ASSOCIATION OF NEW YORK AS THEIR COLLECTIVE

BARGAINING AGENT, WHOSE NAMES ARE ATTACHED HERETO IN EXHIBIT I

BY „ _

CHRISTOPHER O. WARD MANAGING DIRECTOR

MEMORANDUM OF AGREEMENT BETWEEN

THE DISTRICT COUNCIL OF CARPENTERS OF NEW YORK AND VICINITY¬ MARINE DIVER AND MARINE TENDER AGREEMENT

AND

THE GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC.

1. If the Employer hires a Diver to work as a Diver, and, through no fault of the Diver, the Diver

is unable to dive on their first day of employment, they will be paid the diver pay rate for that

day only. If the diver cannot dive on subsequent days, and the Diver and Employee mutually

agree the Diver will be paid at the Dockbulder rate.

2. A Marine Diver may serve as a Marine Diver Tender. Marine Divers shall be paid at the

Marine Diver’s rate of wage for any shift during which he or she enters the water while

employed as a Marine Diver Tender.

3. Each Marine Diver in the water shall have a dedicated Diver Tender.

4. Designated Person in Charge (DPIC) – As per O.S.H.A. regulations, there will be one (1)

DPIC, appointed by the Employer on each job site.

5. All Divers and Diver Tenders must be qualified to operate all life supporting equipment,

when applicable, as per O.S.H.A. requirements.

6. Varying Shift Commencement: It is understood and agreed that, because of certain ordinances and contractual obligations placed upon the contractor by the owner governing certain operations, shift hours will be arranged to conform with such requirements, and such shift work will be paid for at the single time rate in conformity with the terms contained in this Agreement. It is agreed that on tide work, the Employer can start his or her job according to tide schedules, providing the eight-hour shift starts and ends between the hours of 5:00 a.m. and 6:30 p.m. A Diver cannot work more than eight hours in a calendar day, unless it is a tide work start time adjustment or it is determined as overtime.

7. Modify reimbursement for loss of helmet and wetsuit to be limited to the market value when

purchased. At the time of hire, the Diver shall provide the Employer with a receipt or other

verification that establishes the market value of the equipment if the Employer asks employee to

furnish the receipt.

8. Divers shall furnish their own knives, harnesses and bailout bottles.

Initialed By: 5a

9. In order to receive the diver rental payment, the Diver’s gear must be in working order and

must be current with all O.S.H.A. regulations prior to showing up on the job. If there are other

requirements, then they will be mutually agreed upon at the time of employment by the union

and the Employer.

10. When the Diver uses his or her own equipment, the Employer shall inspect the certifications

at the time of hire, and shall pay the gear rental payment to the Diver. All Divers must provide

current certifications from an accredited independent testing facility that the Diver-provided

equipment meets all applicable O.S.H.A. diving standards. All certifications must be obtained

on the Divers’ own time.

11. All Divers and Tenders shall maintain all gear and equipment related to their diving

operations.

12. The Employer is responsible for all consumables (i.e. gas, oil and diesel). In addition,

bailout bottles will be filled by the diver or the Employer with reimbursement of the air charging

fee to be paid by the Employer if diver is required to fill it.

13. The Diver renting the gear must be the Diver utilizing the gear. If the gear is used by two

separate divers in the same shift, it will only be paid for once by the Employer.

14. The Employer will keep a copy of the health and safety manual on the job site for employees

to view on the company’s time

15. Update Mixed Gas Dive Depth rates to:

0-74 ft. 75- 125 ft. 126-200 ft.	No depth rate$1.00/ft./day from and over depths of 75 ft.$2.00/ft./day from and over depths of 126 feet
On depths over 200 feet rate will be negotiated between the diver and the Employer.
16.	Update Penetration Rates- (each category will be raised $0.50/foot/day)

126 feet to 200 feet: $1-XlO/feot $1.50/foot

201 feet to 275 feet: $1.25/foot $1.75/foot

276 feet to 350 feet: SEWfeot $2.00/foot

351 feet to 425 feet: $2r00/feet $2.50/foot

17. After a Diver has completed a decompression dive, he or she will not be required to perform

heavy dock building gang work on that said day.

18. Make an addendum later to discuss on define the issues of offshore work and Diver

apprentices. This discussion will take place with the Association, the Employers, Dive

Committee and the District Council.

Initialed By: TH,

19. All local 1556 dive team members will show up on job site O.S.H.A. compliant except where otherwise described differently in this agreement. Any other regulations or requirements will be the responsibility of the contractor. The Employer, prior to the start of the job, shall meet with union and the District Council Business Representative to discuss certifications and how to obtain them prior to the start of the job.

The New York City & Vicinity District Council of Carpenters

The General Contractors Association Of New York, Inc.

By:

Denise M. Richardson Managing Director

Dated: ckdii

By:

Stephen C. McInnis

Executive Secretary-Treasurer ProTem

Initialed By:

Memorandum of Agreement Between

The District Council of Carpenters of New York and Vicinity And

The General Contractors Association of New York, Inc. Dated: June 14,2017

This Memorandum of Agreement (“MOA”) documents the changes to the collective bargaining agreements between the New York District Council (“DCC” and “Union”) and the General Contractors Association of New York, Inc. (“GCA”). The Provisions of this MOA pertain to the collective bargaining agreements (“CBA”) that govern the work performed by Carpenters, Timbermen and Dockbuilders. The terms “GCA Member” and/or ‘Employer” shall mean the entity that is directly employing the DCC member. Unless specifically modified in this document, all terms and conditions of the CBA’sthat were in place as of May 31, 2017 shall continue to apply.

The terms of the agreement shall be from July 1,2017 through May 31, 2021.

The language changes outlined in the following pages will be made to the respective agreements:

UNIVERSAL PROVISIONS

1. Apprentices are responsible for updating their advancement in the apprentice program

(hours and new rate) with the proper documentation to the Employer. Back pay for any

lost wages, shall not exceed 14 calendar days if they do not properly notify the Employer.

2. First (1st) and second (2nd) year apprentices must work the day before and the day after a

holiday to be paid the holiday in their weekly salary.

3. Change Intoxicating Beverages language to: “Intoxicating Beverages and Controlled

Substances”- The consumption of intoxicating beverages or improper use of prescription

medication or illegal drugs is prohibited. Violation of this rule, after due warning is sufficient reason for dismissal. All jobsites are to be drug and alcohol free.

4. Heavy Construction Industry Fund (HCIF): Update HCIF to $0.30/hour and clarify the

fund is paid on hours worked.

5. Paid Sick Leave: the District Council waives any right or entitlement for paid sick leave

that may be provided by any City, State or Federal law or regulation.

6. Paid Family Leave: The parties acknowledge that pursuant to New York State Paid

Family Leave Act, the Employer will be deducting from Employees’ wages, premium

payments as determined by, and to be remitted to, the appropriate authority of the State of

New York.

7. Surety Bond Requirements. Language to remain the same. Amounts will be:

• an Employer employing 1 to 5 Employees: $20,000

• an Employer employing 6 to 10 Employees: $30,000

• an Employer employing 11 to 15 Employees: $40,000

• an Employer employing 16 to 20 Employees: $60,000

• an Employer employing 21 to 25 Employees: $150,000

• an Employer employing 26 or more Employees: $250,000

8. The annual monetary increase for Carpenters, Timbermen, and Dockbuilders shall be two

percent (2%) based on the rates in effect as of May 31, 2017. The annual increase shall

not be compounded.

9. Contract Reopener; The contract can be reopened by mutual agreement at any time.

DOCKBUILDER SPECIFIC PROVISIONS

1. Hazardous/Toxic/Contaminated Waste Removal- Clarify that the twenty percent (20%)

premium is paid for the entire day if required.

MARINE DIVERS & TENDER SPECIFIC PROVISIONS

1. The GCA and the District Council will finalize changes made to the 2011 to 2017

Amendment.

The provisions noted in this Memorandum of Agreement are subject to final verbiage review by both the GCA and the District Council.

The Parties agree that various format and numbering changes will be made to conform provisions in the final agreement.

The General Contractors Association ofNew York, Inc.

By:

Denise M. Richardson Executive Director

The New York City & Vicinity District Council of Carpenters

By:

Joseph Geiger

Executive Secretary-Treasurer

Memorandum of Agreement Between

The District Council of Carpenters of New York and Vicinity And

The General Contractors Association of New York, Inc.

Dated: May 26, 2021

i This Memorandum of Agreement (“MOA”) documents the changes to the collective

bargaining agreements between the New York District Council (“DCC” and “Union”) and the

General Contractors Association of New York, Inc. (“GCA”). The Provisions of this MOA pertain to the collective bargaining agreements (“CBA”) that govern the work performed by Carpenters, Timbermen and Dockbuilders. The terms “GCA Member” and/or “Employer” shall mean the entity that is directly employing the DCC member. Unless specifically modified in this document, all terms and conditions of the CBA’s that were in place as of May 31, 2021 shall continue to apply.

( The terms of the agreement shall be from June 1, 2021 through May 31, 2027. The annual monetary wage and benefit increase, effective July 1st of each year is to be as per the

following schedule, based on wages and benefits in effect as of May 31, 2021.

July 1,2021 July \|l,2022 July 1,2023 July 1,2024 July ‘1,2025 July -1,2026	Is’ Year = $2.00 per hour2nd Year = $2.00 per hour
3rd Year = 4th Year = 5th Year = 6th Year-	$2.00 per hour$2.00 per hour$2.00 per hour$2.00 per hour

Economic increases set forth above are for all job classifications, inclusive of apprentices. The economic increases on July 1st of each year through July 1, 2026 will be allocated or reallocated by the NYC DCC among the wage and fringe benefit contribution hourly rates and among the various fringe benefit funds.

Initial pg- 1

The language changes outlined in the following pages will be made to the respective agreements:

UNIVERSAL PROVISIONS

1. Waiver of Paid Sick Leave

The following language will be added to the Paid Sick Leave section in each agreement:

The Union acknowledges the provisions of the New York Sick Leave Act (Labor Law sec.l96-b) and farther acknowledges that employees covered under this Agreement receive comparable benefits in lieu of the sick leave through the signatory Employer’s contributions to the NYCDCC Vacation Fund on behalf of employees.

The Union waives fae provisions of the New York City Earned Safe and Sick Time Act pursuant to NYC Admin. Code Section 20-916(a) and acknowledges that employees covered under this Agreement receive comparable benefits in the form of the signatory Employer’s contributions to the NYCDCC Vacation Fund on behalf of employees.

2. SWAG&.TWIC

Expenses associated with SWAC, TWIC or any security requirements will be paid by the Employer, These requirements must be done on the employee’s own time unless paid for by the owner/agency.

3,. International Training Fund (ITQ

ITC contributions are now $0.11 per hour. Allocations to this fund are at the Union’s discretion.

4. Apprentice Wages and Benefits

Remove all references in Appendix A and Article XI in the Carpenter and Timbermen agreements and Article XII in the Dockbuilder agreement to Apprentices receiving a given

percentage of Joumeyperson wage, Pension, Vacation, and Annuity rates.

DOCKBUILDER SPECIFIC PROVISIONS

1. Article V. Section 2(e)

The crew size for the use of the vibrohammer on backhoes shall consist of a minimum of two (2) journeymen and one (1) foreman.

2. Article V. Section 2(f)

These duties shall include driving piles, the loading, unloading and handling of materials to be used on the pile driver to which they are assigned, the cutting, welding, burning and fitting and preparation for false work and piles performed on site, splicing of piles, which have been driven by the pile driver to which they are assigned.

3. Article IX. Section 1 (f)

House moving and lifting and supporting buildings with post or needle beams.

4. Article IX. Section 3

New language

“AU stewards must be a member of the New York City District Council of Carpenters.”

5. Article XII

New Language MWPF Fund Addendum Language Effective July 1, 2019:

The parties agree that the Employer shall make contributions of SO.05 per hour worked to the newly established Millwright Pile Driver Fund for Industry Revitalization, Safety, and Training (the “Millwright Pile Driver Fund”) for each pile driver employee covered by this Agreement. Payment to the Millwright Pile Driver Fund will be remitted through the I-Remit System. The Employer hereby agrees to be bound by the Agreement and Declaration of Trust for the Millwright Pile Driver Fund as it exists and as it may be amended restated, and to such rules, regulations or other governing documents adopted pursuant to such Trust.

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MARINE DIVERS & TENDER SPECIFIC PROVISIONS

1.	Dive AddendaI’hc 2006-201 1 Marine Diver and Marine Diver Tender Amendment as modified

and updated by the 2013 Marine Diver and Marine Tender Agreement are updated as reflected in this MOA and prior general NYCDCC-GCA MOAs.

2.	Diver RentalsIf the Employer requests the Diver to uses his or her own equipment, the

Employer shall inspect the certifications at the time of hire, and shall pay the gear rental payment to the Diver. All Divers must provide current certifications from an accredited independent testing facility that the Diver-provided equipment meets the applicable O.S.H.A. diving standards. All certifications must be obtained on the Divers’ own time.

3. New Item:

Power Tools:

The operation and on-sitc maintenance of any equipment utilized during the course of work performed under the jurisdiction of this Agreement, including but not limited to. the diver’s air compressor, hot water unit, hydraulic power unit for tools or pumps, pumps utilized for jetting or water dredging, compressors for tool air or airlifting, welding and/or generators when used for underwater burning and welding or the running of submersible pumps and boats, regardless of size or conformation.

Any equipment and/or machinery required for the performance of diving-related work will be considered a tool of the trade. Their operation and maintenance shall be controlled by the members of the Dive Team only. Heavy’ equipment not listed below and requiring specialized licenses to operate (such as cranes) shall be exempted from this clause.

Diver’s air compressor, hot water unit, hydraulic power unit for tools or pumps, pumps utilized for jetting or water dredging, compressors for tool air or air lifting welding and/or generators when used for underwater burning and welding or the running of submersible pumps and boats regardless of size or conformation shall be considered tools of the trade and operated

and maintained by members of the Dive Team only.

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All terms and conditions set out in this MOA are contingent upon approval by the NYCDCC’s Delegate Body.

The provisions noted in this Memorandum of Agreement are subject to final verbiage review by both the GCA and the District Council.

The Parties agree that various format andnumberingchanges will be made to conform provisions in the final agreement.

The General Contractors Association ofNew York,Inc.

TheNew York City & Vicinity District Council ofCarpenters

Robert Wessels

Executive Director