Solicitation_Amendment_47PE0618R0030_0002.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(g)

(h)

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Amendment/Modification

This purpose of this amendment is as following:

1) Extends the Solicitation's due date from 9/20/2018 to 9/27/2018.

2) Provides Q&A's from the 9/5-6, 2018 site visits.

3) Incorporate the Collective Bargaining Agreement (IUOE 465) into solicitation# 47PE0618R0030.

47PE0618R0030/0002

September 7, 2018 QUESTIONS AND ANSWERS for

Solicitation # 47PE0618R0030 O & M Services for

ASHEVILLE & WINSTON-SALEM, NC

Q1. Please provide if possible the name of subcontractors providing the following services: Fire Alarm / Fire protection, Boilers, BAS, Emergency generators, and Water testing.

A1. It is the Prime Contractor’s responsibility to initiate and secure sub-contractors. Therefore we are unable to provide assistance with the subcontractor list at this time.

Q2. Please advise if the buildings are connected to the GSA Link.

A2. Veach-Baley is the only building on this contract with GSA-Link. It is anticipated to be back online by the start of this contract.

Q3. Please confirm the building uses the NCMMS.

A3. Yes, all 3 buildings utilize NCMMS.

Q4. Please advise if full capabilities of the NCMMS will be given to the contractor or if the contractor will need to use their CMMS in tandem with the NCMMS.

A4. The contract requires the use of the NCMMS.

Q5. Please provide an estimate of how many service repairs above the threshold have been performed per building per year.

A5. See J.4 Building Information Sheets.

Q6. Please provide the most current CBA that is currently in place on this contract. Also please confirm that SCA wages should not be utilized on this bid.

A6. At the time solicitation# 47PE0618R0030 was posted in FBO, the CBA was still being negotiated. The finalized CBA was received by GSA on 9/6/2018 via email at 12:23 PM EST. The CBA is attached and will be incorporated into the solicitation. Due to this incorporation, the current due date is hereby extended from September 20, 2018 to September 27, 2018.

Q7. In Section H.15.2 it states: H.15.2 Qualifications of Project Manager and Onsite Supervisory Personnel Note: Project Manager and Onsite Supervisor may be the same person. Per the current CBA, there is no Project Manager or Supervisor position listed in Schedule A of the CBA. That said, the Project Manager or On-site supervisor cannot perform any duties of a HVAC Mechanic and will have to be considered a project overhead/management position. Please confirm that one of HVAC mechanics required as part of the minimum staffing cannot perform the duties of the On-site Supervisor or Project Manager.

A7. All management and their cost is the responsibility of the contractor and is not governed by the CBA. Only productive, FT employees are covered by the CBA. Management does not qualify as productive FTEs and can not count towards the minimum staffing requirements of this solicitation.

Q8. Since there is considerable distance and driving time between the Asheville and Winston-Salem facilities, does each location require a Project Manager or On-site supervisor to meet the response times listed in C.23?

A8. This is a performance based contract. Management is to be determined by the contractor.

Q9. Snow removal equipment was mentioned at the site visit but there is no requirement for any type of snow or ice removal in Section C.1 Scope of Work. Please confirm that there is no requirement for snow or ice removal or any equipment associated or needed to perform that service.

A9. Snow removal is not a part of this requirement but is part of a different custodial contract. However, since the snow removal equipment is GSA owned, the O&M contractor needs to be aware of the equipment and any responsibilities which may be associated with it.

Q10. Reference Volume II, Factor 1 – Minimum Performance Standards Worksheet J.25. The worksheet you provided in the solicitation covers two single sided pages. But in Section L.5, Factor 1, we are given a maximum page length of 1 page (does not stipulate if a page consists of single sided pages or if it can be double sided pages). Can we assume we are to provide the information required on the J.25 worksheet and if it takes two single sided pages (as it is in the solicitation), that we will be compliant with your intent?

A10. Yes, For further clarification, Please change the maximum page from 1 page to 2 pages (single sided). provide 2 single pages.

Q11. Since all volumes will be submitted electronically, can we submit the files (Volumes) in an Adobe .pdf format instead of MS Word format? Adobe format is easier to package and send via email.

A11. Yes, all submitted forms for solicitation 47PE0618R0030 can be submitted in the adobe.pdf format.

Q12. In your respond to Questions dated 8/27/2018, question #10, in your answer regarding the current contract monthly price you provided the amount to be $72,799.63. Can you provide clarification, if this monthly price of $72,799.63 was for all three building or full current monthly price for the entire contract?

A12. The current monthly cost of $72,799.63 is for all three buildings. However, it is important to note that the current contract requirements are different than this solicitation. Therefore it is important that each contractor carefully determine their cost based on the requirements of this solicitation.

Q13. Can you provide the individual staffing requirements for each of the three buildings?

A13. The solicitation states that 6.5 FTE, HVAC Mechanics is the MINIMUM staffing requirements for the entire contract. How each building is staffed is to be determined by the contractor.

Q14. Are any of the buildings equipment currently tried into the GSA's Optimize Energy Program to reduce energy efficiency, if so which buildings?

A14. In regards to water consumption, gas usage and electrical usage, all 3 buildings are tied in to the Optimize Energy program and are monitored by regional office

Q15. Do the solicitation require for an on-site supervisor, manager or is the overall supervision/management is to be determined by the contractor as stated in C.1.2, a.?

A15. Management is a requirement of the solicitation. How the contract requirement are to be meet is to be determined by the contractor.

Q16. Can you provide clarification as to C.8.4 shall act as the central point for operating services requests for custodial services, etc. Do the contract report such to the CO/COR or Building management. Also, do this function require an on-site production clerk?

A16. Per the requirements, “The Contractor shall operate a service request and administrative support function during normal working hours, to act as a central point of contact … to take service requests, and track and maintain service request records in the NCMMS. This function includes handling service requests for work not under the scope of this Contract.” The function is to be filled by a contractor employee, not GSA’s. How the contractor intends to meet this requirement is up to the contractor.

Q17. In C.39.9, Flag Procedures, can you clarify the responsible regarding lowering or rising the flag on Sat, Sun and Holidays or is this requirement/service shall only be provided by the contractor upon direction received from the CO or his/her designee.

A17. Raising and lowering of the flag is governed by Public Law 94-344 and GSA Flag Policy. See Public Law 94-344 for full weekend and holiday requirements.

Q18. What is the work order volume by trade?

A18.Work Order volume varies from month to month and by building.

Q19. What is the average cost for the reactive work order for GSA?

A19. “Reactive” work is not tracked by GSA. Work Order costs within the contract SOW is the responsibility of the contractor.

Q20. Section J.15.2 contractor communication does not have LG G6 phone. Can we use the LG G6 for communication?

A20. As long as the communications devices meet the requirements of C.8.2, it is acceptable.

Q21. The RFP states that 6.5 FTE are required for HVAC? How many are allocated to each building.

A21. See A13 for answer.

Q22. Can the Government provide the quantities for the following items broken out by building.

Wet Sprinkler Risers Dry Sprinkler Risers

Tamper Switches Waterflow Switches Pre-Action Systems (computer rooms) Manual Pull Stations Smoke Detectors Heat Detector Duct Smoke Detectors Fire & Smoke Dampers Fire Extinguishers Backflow Preventers (Fire & Domestic) Fire Pumps Kitchen Hood Suppression Systems Special Hazards Suppression (FM-200, Halon Systems, etc.)

A22. See Building Information Sheets, Sect J.4 for F/A device counts at the Asheville Courthouse and Hiram Ward FB. For Veach-Baley Bldg, that information is not yet available.

Q23. Will the Fire Extinguishers be required to have a 6 year maintenance test performed?

A23. Please refer to section C.42.11 of the solicitation for the answer Q24. When was the last time the Fire Extinguishers had their 6 year maintenance test performed?

A24. extinguishers have received this testing on a rotating basis, in other words, some were done one year, another group the next year and a third group the next year, that way fire extinguishers were available in all areas of the buildings at all times Q25. Will the Fire Extinguishers be required to have a 12 year hydrostatic test performed?

A25. Please refer to section C.42.11, of the solicitation for the answer Q26. When was the last time the Fire Extinguishers had a hydrostatic test?

A26. extinguishers have received this testing on a rotating basis, in other words, some were done one year, another group the next year and a third group the next year, that way fire extinguishers were available in all areas of the buildings at all times

Q27. When was the last time the fire & smoke dampers tested?

A27. See Building Information Sheets, Sect J.4 for available information.

Q28. Can the government provide mechanical drawings once the solicitation has been awarded?

A28. Access to available drawings will be granted to the successful contractor Q29: Can the government provide the site visit attendee list?

A29. Yes (See attached)

Q30. During the site visit in Asheville, Veach-Bailey building, on the tour, we went into a mechanical room that had the two (2) Daiken chillers and were told this was for the data center in the building. Since these chillers are not on the Asheville equipment inventory furnished with the SOW are they GSA or Agency equipment and what is our responsibility for them?

A30. The Veach-Baley has (3) magnetic bearing chillers, they are on equipment inventory and are GSA contractor responsibility.

Q31. The equipment inventories are not detailed enough to give the full information needed on some of the equipment such as counts on alarm devices, number of extinguishers etc. Can we get an accurate count on the fire alarm devices throughout the (3) buildings.

A31. See Sect J.4 Building Information Sheets for available information.

Q32. The equipment inventory again appears to not have listed all of the equipment in the building. Is there another list that is up to date and accurate or, are we to just use the one in the SOW as a basis for pricing?

A32. Viewing the on-site equipment was part of the purpose of the site visit. Also, see Sect J.4 Building Information Sheets for additional equipment information.

Q33. On the site visit at Veach-Bailey, in the BAS controls room it was mentioned that the CMMS system is not up to date on the computer and having problems with using the CMMS, which is a key portion of one of the positions outlined in the SOW for use. How will this be handled on the upcoming award since the system is not functioning and how long will it take to correct this situation and what is expected out of the contractor if the system is not functioning as designed?

A33. The CMMS is fully functional. The Veach-Baley BAS system is not. The BAS is overdue for an upgrade

Q34. The SOW addresses Minimum Staffing required for HVAC, CMMS and Supervisor/PM. Can the Lead HVAC Tech also be the Site Supervisor/PM if you have a corporate office within a few miles of the Winston-Salem Site and can manage the supervision of the contract as the PM for communications and notifications?

A34. All management is the responsibility of and to be determined by the contractor. Management does not qualify as productive FTEs and cannot count towards the minimum staffing requirements of this solicitation. How the contractor intends to staff each location in order to meet the requirement is up to the contractor. Management and productive FTE are 2 separate positions.

Q35. The BAS systems, are they all connected for the three buildings and have access to the buildings from either of the sites?

A35. The Winston Building is local access only and is separate from the other buildings

Q36. Does the two buildings with generators have enough capacity to satisfy the annual load test for the generators and what is the run time for the load test?

A36. The Veach-Baley has a total of 3 generators, GSA only owns the ONAN generator and yes it has sufficient capacity. Please reference contract solicitation section C.42.14 for requirements. The Winston building generator is ready for load bank testing. All testing must be performed to NFPA standards.

Q37. J.8 Water Treatment Standards/Section 5.3 of Water System Testing/Maintenance Parameters: This calls for auto blowdown for Open Loop Cooling Water Systems. We want to confirm there are automatic blowdown valves in place.

A37. Yes, in Asheville

Q38. J.8 Water Treatment Standards/Section 5.3 of Water System Testing/Maintenance Parameters: This calls for conductivity and pH probes. We would like to confirm these are in place.

A38. Conductivity yes at Asheville, PH is a monthly manual test. (Information was made available for review during the building walk-thru.)

Q39. J.8 Water Treatment Standards/Section 5.3 of Water System Testing/Maintenance Parameters:

“Weekly, monthly” term is used for testing of chlorides and sulfides. We want to confirm monthly will be acceptable as this is most common.

A39. See C.36 of the solicitation for required testing frequencies.

Q40. J.10 Water and Energy Efficiency Use Plan: Exhibit 13 is referenced but we do not see this Exhibit in the documents.

A40. Exhibit 13 is a mistype. Exhibit J.12 is the Annual Water and Energy Efficiency Report.

Q41. In the bid documents, “C.36.7 Chemical Free Water Treatment System (RESERVED)” is noted. What does this section being reserved refer to?

A41. RESERVED means that this section is not applicable to this solicitation.

Q42. Are you going to be posting a job walk sign in sheet?

A42. The sign-in sheets for the site visit will be attached to the Q&A session that I plan to post in FBO as well as send all attendees/interested parties a copy via email.

Q43. We are an East Coast company and anticipate an untimely interruption from the approaching Hurricane. Do you see the bid due date being pushed?

A43. Due to various reasons, include the approaching hurricane, the proposal due date is hereby changed from 9/20/18 to 9/27/18.

Q44. Can the government allow bidders to submit Volumes I & II in PDF format? Since we have to include signed/scanned copies of forms (ie. SF 1449 etc) this would cause a formatting issue in Word. Please advise.

A44. Yes, please submit your Volumes I&II in PDF Format.

Q45. Volume II Factor 1's Max page limit is currently at 1 page. The Minimum Performance Standard is currently over 2 pages. Please advise.

A45. You may continue with a continuation page.

Q46. Vol II Factor - Minimum Performance Standard - When completing this worksheet, can we include multiple references per row? Or do we need to complete a worksheet per contract/point of contact?

A46. Multiple references will be sufficient.

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AGREEMENT

Between

EML LLC

And

LOCAL 465

INTERNATIONAL UNION OF OPERATING

ENGINEERS, AFL-CIO

Effective Dates

Sept 1st 2018 to Nov 30th 2019

AGREEMENT

Parties to the Agreement

This Agreement made and entered into this 1st day of September 2018 by and between EML, LLC with its principal address at 1609 South Main Hopkinsville KY, 42240 (hereinafter referred to as the Company) and Local 465 of the International Union of Operating Engineers, AFL-CIO, with its principal office at 3300 Hwy. 70 East, P.O. Box 15250 Durham N.C. 27704.

ARTICLE 1

Union Recognition

1.1 The Company recognizes the Union as the sole and exclusive bargaining agency in all matters concerning wages, hours and working conditions for all regular full-time and part-time employees employed by the Company under Contract No. GS-04P-13-EW-D-0093 at Asheville and Winston- Salem NC, excluding all office and guards, professional employees, confidential employees and supervisors as defined in the National Labor Relations Act as amended.

ARTICLE 2

Union Security

2.1 All employees covered by this Agreement, as defined in Article l, excluding Temporary employees working less than 30 days per calendar year shall. as a condition of their continued employment become members of the Union not later than the 31st day following the date of their employment or the effective date of this Agreement whichever is later, and shall, thereafter, remain members in good standing in accordance with Section 8(a)(3) of the Labor- Management Relations Act, 1947, and any amendments or additions thereto.

The provisions of Article 2 section 2.1, shall be deemed to be of no force and effect in any state whose law governs this contract to the extent of which the making or enforcement of such provisions is contrary to statutes, constitutional amendment or the law of such state; provided, however, that whenever, such court of last resort having jurisdiction of such questions finds the state law to be invalid or inapplicable, the provision of Section 2.1 above shall immediately there upon be deemed to cover this bargaining unit or employees directly affected by such declaration of invalidity.

ARTICLE 3

Check-Off Authorization

3.1 Upon receipt of a signed authorization of the employee involved, the Company shall deduct from the employee(s) pay consistent monthly dues payable to the Union.

3.2 The Union further agrees to save the Company harmless from any legal actions growing out of these check-off deductions that may be instituted by any employee involved therein before a court, the National Labor Relations Board, or any other body asserting or having jurisdiction, against the Company and further agrees to reimburse the Company for any financial payment adjudged by a court, the National Labor Relations Board, or reasonable costs and expenses involved in defense of any such action as set forth in this paragraph.

3.3 The current dues structure is all employees with more than eighty (80) hours work per month - two

(2) hours per month (one hour per pay period.) All employees with eighty (80) hours work or less per month - one (1) hour per month (thirty minutes each pay period.)

3.4 If any change in the amount of dues is made by the aforesaid Union during the term of this Agreement, the Union will give written notice of such to the Company.

ARTICLE 4

Rights of Management

4.1 Except as specifically limited by the express language of this Agreement, the Company has and retains exclusively to itself, all rights in the exercise of the functions of Management, including but not limited to the following rights:

1. To manage and operate its business facilities; to direct its employees; to direct, plan, and control all operations; to establish and/or change existing methods, work schedules, productivity standards, materials, equipment, facilities and accounting methods. The Company shall determine what products shall be handled or distributed and service or work performed at its facilities by employees covered by this Agreement and/or where they shall otherwise be handled or services and/or work performed to utilize suppliers and subcontractors. The Company shall test, select and hire employees and assign them to work as to establish hours of work, to transfer, promote and demote employees. The Company shall have the right to suspend, discipline and discharge employees for just cause or relieve them from duty for lack of work or for other proper reasons. The Company shall have the right to establish and enforce rules and regulations relating to the operation of any and/or all facilities and to employee conduct.

Given that Company employees will work in United States Government facilities, and thus will be subject to Federal Security requirements for contractor personnel, the Company shall have the right to deny, suspend or terminate employment, as applicable, of individuals who do not successfully complete the mandatory Federal security clearance screening process.

2. The Union recognizes that it is the function and the right of the Company to exercise its discretion in developing processes which meet the standards of the Government requirements and customer acceptance.

ARTICLE 5

No Strike - No Lockout

5.1 During the life of this Agreement, the Union shall not authorize, and the employees shall not participate in a strike of any kind, or any boycott, picketing, work stoppage, slowdown, or any other type of organized interference, coercive or otherwise, with the Company's business. During the life of this Agreement, the Company shall not lock out the employees.

ARTICLE 6

Seniority

6.1 The Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this Agreement shall be defined as length of continuous service from the employee's date of hire by the Company or a previous contractor performing the services under any prior contracts of the same properties performed at the Asheville NC and Winston-Salem NC. Federal Buildings.

6.2 The Company shall establish available work shifts, days off and vacation periods. Classification Seniority shall be considered in the selection of work shifts, days off. reduction and restoration of the working force. Company Seniority shall be considered in the selection of vacation periods, amount of vacation, and sick leave.

6.3 Classification and Company Seniority lists shall be prepared by the Union Steward in conjunction with Company and shall be posted July 1st of each year and shall be revised every six (6) month thereafter. Such lists shall be subject to correction upon protest and clarification, but if no complaint is made within fifteen (15) days of posting, the list published will be assumed to be correct.

6.4 In case of layoff, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation. In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation.

6.5 Employees who are promoted to positions excluded from the bargaining unit will be given a leave of absence from the bargaining unit for three (3) months and shall continue to retain and accrue seniority during that period. If at the end of this period the employee has not returned to work within the classifications covered by this Agreement, he shall lose all seniority rights under this Agreement, and his name shall be removed from the seniority lists.

6.6 Employees covered by this Agreement shall lose their seniority status and their names shall be removed from the seniority lists under the following conditions:

a. The employee quits or resigns.

b. The employee is discharged for cause.

c. The employee is laid off and not re-employed within six (6) months.

d. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the Company mailed to the employee's last known address offering such employee re-employment, which date shall not be prior to five (5) days after mailing such notice, provided however, that this paragraph d shall not apply to offers of temporary work.

e. An employee, while on a leave of absence, accepts another job, applies for unemployment compensation, or goes into business for himself, his employment and all seniority rights will automatically be terminated. The employee fails to return to work at the expiration of either a medical or personal leave of absence.

g. Absence from work for three (3) days or longer without notice and authorization by the company.

ARTICLE 7

Probationary and Temporary Employees

7.1 Newly hired employees shall be on probation for the first ninety (90) days of employment, during this period, employees shall receive the rates of pay provided herein, but shall not be entitled to any other benefits under this Agreement- During the probationary period, the Company may discipline or discharge any employee for any reason without recourse to the grievance procedure.

7.2 Upon completion of the probationary period, employees shall be placed upon the seniority list as of the first date of employment. Seniority shall be by classification and all benefits provided in this Agreement shall be accrued by service within a given classification, including layoff and rehire after layoff. Employees will, however, accrue vacation and sick leave benefits based on their total length of service with the Company.

7.3 Temporary employees are those who are employed for a period of ninety (90) days or less with notification to the Union.

ARTICLE 8

Wages, Health & Welfare

8.1 The Wage rates, which shall be effective during the term of this Agreement, are set forth in

Schedule A.

8.2 The Health & Welfare, which shall be effective during the term of this Agreement, are set forth in Schedule A.

ARTICLE 9

Hours of Work and Overtime

9.1 Normal Hours. The provisions of this Article are intended only to provide a basis for determining the number of hours of work for which an employee shall be entitled to be paid at overtime rates and shall not be construed as a guarantee to such employee of any specified number of hours either per day or per week.

All employees will be paid semi-monthly on the 10th and 25th of the month, all hours worked from the 1st thru the 15th will be paid on the 25th and hours worked the 16th thru the end of each month shall be paid on the 10th of the following month. Employer reserves the right to modify the pay cycle with prior notification to the Union. Employer reserves the right to modify the pay cycle with prior notification to the Union.

9.2 Overtime. Employees shall be eligible for overtime only when they have physically worked in excess of forty hours in a given work week. The rate of one and one-half times (1-1/2) their regular straight time rate of pay shall apply.

In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

The Company will make every reasonable effort to distribute overtime opportunities as equally as practicable among employees in their respective job classifications within a reasonable period.

However, familiarity and assignment to buildings will also be taken into consideration.

9.3 The Employer shall be free to fix the starting hours of shifts and to determine the work schedule from time to time depending upon the business requirements. The Employer agrees, when possible, to post a work schedule at a convenient place for observation by the employees at least one (I) week in advance. All changes in regular scheduled days off and shifts shall be posted 48 hours in advance unless there is an emergency.

ARTICLE 10

Holidays

10.1 The Company will pay eligible employees for the following holidays not worked:

New Year's Day Labor Day

Martin L. King's Birthday Columbus Day

President's Day Veteran's day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

10.2 Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. Employees required to work on a holiday shall be compensated in accordance with Article 9, Paragraph 9.2.

10.3 To be eligible to receive time and half hours worked on holiday, an employee must be on the active payroll, must have physically worked forty (40) hours, and must work the last regularly scheduled shift prior to and the first regularly scheduled shift following the holiday unless he is on vacation.

10.4 If a holiday falls within an employee's vacation period, the employee shall be paid eight (8) hours Holiday pay at his straight time hourly rate.

ARTICLE 11

Vacation

11.1 An employee who shall have attained the years of continuous service specified in the following table shall receive a regular vacation corresponding to such years of continuous service with vacation pay as shown in the following table:

Years of Service Entitlement

Upon completion of One (1) year of service Ten (10) days

Upon completion of Five (5) years of service Fifteen (15) days

Upon completion of Fifteen (15) years of service Twenty (20) days

11.2 The Company shall have the exclusive right to fix and determine the vacation schedule: however, wherever practicable the Company will provide priority consideration to those employees with the most seniority in scheduling vacation, but such schedule will necessarily be governed by the operating requirements of the facility.

a. Vacation payment will be calculated on the basis of a regularly scheduled day at the employee's straight time rate in existence at the time of vacation.

Payment of vacation pay shall be made to each employee entitled thereto on the last regular payday of the company published payroll schedule.

Vacations renews on an employee's anniversary date.

ARTICLE 12

Jury Duty

12.1 An employee summoned for Jury duty to a court of record shall be allowed the necessary time off for such service. Employees, while on Jury Duty, will be compensated up to three (3) days by the company.

ARTICLE 13

Employee Discharge

13.1 Employee Discharge: The Employer reserves the right to discharge any employee for just cause.

No employee shall be discharged, except hereinafter provided, unless he/she shall have been given warning notices, in writing. Whenever a warning notice is issued by the Employer, a copy of such notice shall be sent simultaneously to the Union Business Manager. Such notice shall state the complaints of the Employer.

1st Offense: Written Warning

2nd Offense: Written Warning or Discharge depending on severity of the incident (i.e., insubordination)

3rd Offense: Time Off or Discharge

The following is a list though not all inclusive of examples where no warning notices need to be given to an employee before he/she is discharged if the cause of such discharge is for proven dishonesty, sexual or other discriminating harassment, theft, insubordination, possession of weapons or explosives, inability to maintain security credentials, Conviction of a felony or misdemeanor which compromises the integrity of the business or is otherwise related to the employee's job duties, drug sale, use, possession or impairment, drunkenness, willful destruction of property, or willful damage of equipment. All official disciplinary warnings against an employee's record shall be in writing and a copy thereof shall be given to the Union.

13.2 Drug and Alcohol Testing: The Company and the Union agree to work toward the goal of establishing a work force that is free of drug abuse and alcohol abuse. Both are committed to foster safety, productivity, and compliance with the Drug-Free Work Place Act of 1988 and applicable Federal and State laws, statutes and regulations. Accordingly, it is agreed that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is strictly prohibited in the work force.

Further, the use of alcohol is strictly prohibited in the work place. The Company's Drug-Free and Alcohol-Free Policy will be made an appendix to this agreement.

Employees will be scheduled for alcohol and drug testing as directed or required including pre-employment. When the employee is notified of being selected for drug testing, they will be offered union representation by a steward prior to and during the actual sample gathering process. The Company will make every reasonable effort to safeguard the privacy of the employee. All testing will be performed by a federally approved testing laboratory. Employees may also be sampled for alcohol and drug use upon reasonable suspicion, random testing and work-related accidents or injuries.

Any refusal to submit to testing will be grounds for immediate termination.

ARTICLE 14

Grievance and Arbitration

14.1 Definition: A grievance is defined as a dispute, difference, disagreement or complaint arising out of the interpretation or application of this Agreement.

14.2 Procedure:

Step 1: Within five (5) working days of an incident or event giving rise to a grievance, the employee must discuss his/her grievance with his immediate supervisor with or without the shop steward being present. The Company shall render a decision (5) working days after the conclusion of the Step I meeting.

Step 2: If the grievance is not settled he/she shall reduce the grievance to writing within five (5) working days from the Companies answer from Step I and referred to Step 3. The written grievance shall state the facts out of which the grievance arose, the date it occurred, that Article and Section violated, and the relief sought.

Step 3: The aggrieved employee shall refer the matter to the Business Manager of the Local Union who shall attempt to resolve it with the Company. The Supervisor or department head shall meet with the Business Manager or his designated Representative as expeditiously as possible. A decision by the Company shall be rendered within five (5) working days.

a. Appeal: The Union may appeal a denied Step 3 grievance to Arbitration within ten (10) working days of the receipt or non-receipt of the Company's decision.

Step 4 Arbitration: In the event that the Union or the Company elects to arbitrate the grievance, it shall be heard by an arbitrator to be designated by mutual agreement of the Company and the Union.

a. In the event the parties fail to mutually agree upon an arbitrator, either party may move to arbitration through the rules of arbitration as provided by the Federal Mediation and Conciliation Service.

The arbitrator's decision shall be final and binding on all parties concerned. Any compensation required to be paid to the arbitrator shall be borne equally by the parties.

The Arbitrator shall have jurisdiction and authority to apply, interpret and determine compliance with the terms of this Agreement but in no case add to, deviate from, detract from or alter in any way the provisions of this Agreement. The decision of the arbitrator shall be confined to the matter submitted to him for arbitration.

14.3 Step processing grievances and time limits designated shall only be extended by mutual written consent of the parties.

ARTICLE 15

Uniforms

15.1 Uniforms and laundry service of uniforms will be provided by the company. The Company will pay up to $150.00 per year for safety shoes.

ARTICLE-16

Health and Safety

16.1 The Company and the Union shall cooperate to promote employee safety and accident prevention in and around all operations and premises.

16.2 The Company shall maintain safe, sanitary and healthful conditions and shall provide first aid equipment to take care of employees in case of accident or illness.

16.3 It shall be the responsibility of each employee to maintain his place of work in a clean and orderly condition. Employees shall be required to observe safety rules and regulations established by the Company, including the use of prescribed safety equipment or clothing.

16.4 As a condition of continued employment all employees shall be required to conform to all reasonable work rules and regulations that may be issued by the Company from time to time pertaining to the operations, health and safety.

ARTICLE 17

Leave of Absence

17.1 Employees with at least one (1) year of service may, at the discretion of the Company, be granted a leave of absence without pay for periods not to exceed five (5) calendar days in any year.

ARTICLE-18

Visitation Rights

18.1 Officers of the Union shall have the privilege of visiting members of the Union during working hours upon reasonable notification of the Supervisor or his designee but only to such extent as does not neglect, retard or interfere with the work or duties of employees.

ARTICLE-19

Captions and Terms

19.1 Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Wherever the singular or plural number is used herein, it shall equally include the other and wherever the masculine or feminine gender is used, it shall equally include the other.

ARTICLE-20

Savings Clause

20.1 Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE 21

Bulletin Boards

21. 1 The Company agrees to provide Union with bulletin board space. However, all material to be posted requires the approval of the Supervisor or his designee prior to posting.

ARTICLE-22

No Discrimination

22.1 It is agreed by the Company and the Union, there shall be no discrimination against any present or future employee by reason of race, creed, color, age, and religion, disability of any individual in accordance with applicable law, national origin, sex sexual preference, veteran's status or as a veteran of the Vietnam era.

ARTICLE 23

Shop Steward

23.1 The Union may select two (2) employees of the Company to act as Shop Steward. A Shop Steward's authority shall be limited to and shall not exceed the following duties and activities:

a. The investigation and presentation of grievance to the designated Company's representative in accordance with the provisions of the collective bargaining agreement.

b. Shop Steward may receive and may discuss grievances of employees on the premises of the Employer, but only to such extent as the receiving and discussing of grievances as does not neglect, retard or interfere with the work or duties of employees. Shop Steward shall obtain permission of his respective supervisor prior to leaving his work assignments to handle grievances, and report to his supervisor upon return.

c. The transmission of such messages and information which shall originate with and be authorized by the local Union, or it officers, provided such messages and information had been reduced to writing and, if not reduced to writing, are of a routine nature and do not involve work stoppages, goods or other interference of the Employer's business.

d. Any activities undertaken by the Shop Steward outside of his normal working hours shall not be considered as time worked for pay or overtime purposes.

ARTICLE-24

Call-ln Pay

24.1 If an employee has completed his shift, leaves the premises, and is called back to the facilities, he shall be guaranteed a minimum of two (2) hours of work at the applicable rate. This provision shall not apply, however, when the employee is called in for work prior to his regular shift and is scheduled to work up to and through his regular shift. The for-going guarantee shall not apply in the event the call-in is the result of the employee's prior negligence or poor workmanship. All call-ins must be approved by the Supervisor or his designee.

ARTICLE-25

Sick Leave/Funeral

25.1 Sick Leave All Full-Time Employees covered by this agreement shall accrue 2.333 hours of sick leave with pay per semi-monthly pay period, up to a maximum of 56.00 hours per year. Part-Time employees will accrue sick leave based on their actual time worked, not to be less than 1 hour of sick leave per 30 hours worked, up to a maximum of 56 hours per year.

Absences for illnesses beyond three (3) working days must include certification from a health care provider. Unused Time may be carried over from year to year, however is forfeited either at the time of separation or at the end of the contract.

Employees shall be entitled to three paid days Funeral Leave for the death of a spouse, parent, child, employees’ grandparent, sister, brother, brother and sister-in-law, parent-in-law or legal guardian. One of the days must be the day of the funeral and the Company may request proof of relationship.

ARTICLE 26

Wage Rate Classifications

26.1 The wage rate classifications and present job titles applicable thereto are attached and made part hereof as Schedule A. Employees will be paid for time worked in a higher classification provided that they work a minimum of eight (8) hours in the classification and perform all duties.

ARTICLE 27

Modification

27.1 It is the intent of the parties hereto that the provisions of this Agreement, which supersedes all prior agreements and understandings, oral or written, express or implied, between such parties, shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted in arbitration hereunder, or otherwise.

27.2 The provisions of this Agreement can be amended, supplemented, rescinded or otherwise altered only by mutual agreement in writing hereafter signed by the parties hereto.

27.3 The parties hereto mutually agree not to seek, during the term of this Agreement, to negotiate or bargain with respect to any matters pertaining to rates of pay, wages, hours of employment, or other conditions of employment, whether or not covered by this Agreement or in the negotiations leading thereto, and any rights in that respect are hereby expressly waived.

27.4 The provisions of this Agreement shall be conclusive as to all bargain able matters relating to wages, hours or work, and working conditions, except that…