AMENDMENT04.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 telegram 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 your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter 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 NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

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 ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. 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 NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, 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 (No., 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)

NSN 7540-01-152-8070

Previous edition unusable

7PQB

The purpose of this amendment is to:

Answer Request for Information (RFI) questions received.

Add applicable Collective Bargaining Agreement (CBA)

As a result of this amendment the proposal due date IS NOT extended and remains July 29, 2016. All other terms and conditions remain unchanged.

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDING SERVICES

819 TAYLOR ROAD RM 12B

FT. WORTH, TX 76102

ATTN: DEREK GADBERRY

SEE BLOCK 7

EQ7PM-16-5022

GS-07P-16-UT-D-7000

07/22/2016

06/20/2016

GS-07P-16-UT-D-7000 Operations and Maintenance and Full Maintenance Services

1. What is the monthly value of the current contract?

The current annual price is approximately $1.9M.

2. Do all personnel have cell phones, if not who and how many?

See Section CC.8 Communication Plan in the solicitation

3. Who pays for fuel used for generator testing and maintenance?

Contractor pays for ALL fuel up to $2500 per year. GSA pays for fuel after the $2500.

4. Who provides Internet Access, GSA or the contractor?

The Contractor

5. Please confirm if gates, key cards and bollards, if present, are the responsibility of the contractor. If so, who is performing the maintenance, is it in house or by subcontractor? If subcontractor, who is the company?

The gates, key cards, and bollards are the responsibility of the contractor and are currently being performed in house.

6. Are there roof anchorage points?

All roofs where walked during site visit

7. Who is the company providing annual inspection on the roof anchorage points?

This is a Performance Based Contract and the offeror determines who performs this requirements.

8. How many roof anchorage points are there and what type are they (e.g. Davit) by building?

All roofs where walked during site visit

9. Is an Arc Flash Analysis required as part of this contract?

Government will pay for ARC Flash Study

10. With regards corrosion monitoring, please identify which systems do not currently have coupon racks installed?

In regards to corrosion monitoring, all systems that require coupon racks have necessary racks installed

11. When was the last Asbestos survey done?

The last asbestos survey was done in 2011 for Batesville, 2009 Federal Building, and 2005 for the Bankruptcy

12. Please confirm number of Underground Fuel Storage Tanks? We were told that one holds 9000 gallons. Are there more and if so, what size?

There is only one underground storage tank.

13. Who is the company performing annual inspection on the tank(s)?

14. Lamps and Ballasts- Please provide the make, model and types of lamps and ballasts required.

See equipment list

15. Is there PARKING available for employees at all locations?

No

16. If not, what is the price for parking per building?

Unknown, there are local parking lots available.

17. What is being done currently to maintain Solar Panels? If maintained by a subcontractor, who is that subcontractor?

The solar panels are maintained to manufacturers recommendations. This is a Performance Based Contract and the offeror determines who performs this

18. Is the contractor responsible for the Key Card System or is this considered a part of the Security System and excluded from Equipment List?

GSA DG: This conflicts with Q5

19. Historically has the Fire Alarm, Sprinkler testing been done during normal or after hours?

Testing is done after normal duty hours

20. Is the current contractor using the 2012 PBS PM Guide or another version?

The 2012 PBS PM Guide is currently being used.

21. During annual maintenance of emergency power generators is load testing to be conducted using a load bank?

Yes

22. Are there load banks for this testing available onsite or must they be brought onsite to do the tests?

The load banks must be brought on site

23. Are there Advanced Meters currently operating in the building, and if so how many?

Who is the subcontractor providing service and inspections for the AMS?

DIDN’T ANSWER FIRST PART OF THE QUESTION. This is a Performance Based Contract and the offeror determines who performs this requirements.

24. Please confirm what office equipment is to be provided for the contractor staff, computer, printer, fax?

THIS SEEMS IMCOMPLETE Front desk laptop, BAS controls 8 laptops/1 desktop

25. Please provide the name of the Vendor providing service and maintenance for Gates, Sally Port and Arms.

Currently being provided in house.

26. Communication Equipment- Phone/text Messaging Devices:

a. Are there any cell phone service providers whose service performs better than others within the buildings to reduce poor reception or dead spots?

Unknown, the government doesn’t monitor reception.

b. Are hand held radios currently in use?

There are radios in place but do not use them.

c. If so do they perform adequately and what are the make and models?

Currently not working adequately

d. Are there any specifics IRT the radio frequencies and or channels to be used?

Unknown

e. Is the contractor expected to maintain a separate internet access capability to receive e-mails or is access via GDA network.

Yes, the contractor is expected to maintain separate internet access. However, BAS internet access provided by GSA

27. In reference to (IRT) CM.23.3 Emergency Call back – please confirm that that contractor shall provide emergency call back (after hours) requests up to 735 hours per contract year.

CONFIRMED

28. In reference to (IRT) CM.40.4 Miscellaneous Work – please confirm that Contractor shall Provide 20 hours and up to $50.00 for parts and supplies per calendar month (hours and dollar amounts are not cumulative to succeeding months) when requested by the CO or designee, to accomplish discretionary work in the buildings covered by this Contract.

29. Per the High Cleaning requirement, above 10 feet, is there a government provided man lift available besides the unit mentioned for changing the lightbulbs in the Annex Lobby?

30. Please confirm that the contractor is required to send one person from the onsite staff to a class to learn how to operate the BAS system at an estimated cost of $4,000.00 to be added to the proposal. GSA must approve the class.

31. Fire Alarm Monitoring- Please confirm that the contractor is required to provide two

(2) phone lines per facility for a total of ten (10) lines.

32. Non-Destructive Chiller Tube Eddy Current Analysis - By chiller, when was the last eddy current test performed?

Testing was completed Jan 2015

33. Who is the Window Washing sub-contractor?

34. Who is the Snow Removal sub-contractor?

35. Who Performs Pest Control?

36. What is the average yearly total accumulation of snow?

Unknown, refer to local weather

37. Recyclables, how many recyclable containers, if any, are currently being serviced?

There are currently no centralized containers being serviced. We are in the process of creating centralized locations that will need to be serviced.

38. Are there any trash compactors on the premises in addition to the dumpsters observed during the site visit?

39. Would a building stats sheet be available?

COMPLETED VIA AMENDMENT 02

40. On the RFP, it stated that a Past Performance Questionnaire was attached on L-3, but it was not present. Would a Past Performance Questionnaire be available?

COMPLETED VIA AMENDMENT 02

41. Would a Wage Determination be available?

42. Would the respective building equipment inventories be available?

43. Is there a frequency and capacity of the containers for trash/waste removal services?

Batesville and Bankruptcy removed by frequency, FOB and courthouse is as needed

44. 2. When submitting the pricing schedule are we to include the pricing sheet listed in Sections A (pp. 3-4) and B (pp. 6-9)? or just B?

Submit the pricing schedule in accordance with Section L.

45. On page 193 paragraph 2 labeled "L.5.3 Past Performance" sub-paragraph 2, the solicitation specifies:

"A minimum of 1 of the maximum 5 Past Performance projects must be submitted from each member of the joint venture."

Our Joint Venture GFAM-1, LLC is formed as a 75% VA Certified SDVOSB (Guahan Facilities Maintenance, LLC) and 25% WOSB/EDWOSB/HubZone firm (Advance Management, Inc.), thus qualifying the JV as SDVOSB. Guahan Facilities Maintenance, LLC does not have Past Performance, although Advance Management has very extensive applicable Past Performance.

The JV, GFAM-1, LLC was formed specifically to insure that GFAM-1 could insure the Experience and Past Performance it recognises as essential to successful contract performance, and thus qualify for SDVOSB contracts. Without allowing such relationships SDVOSB cannot gain the contracts that allow them to build a performance history of their own. We believe this is necessary for newly formed SDVOSB firm to win Federal Contracts, the very point of the set aside program? Will the government reconsider its Past Performance requirement to allow experience of only one of the JV partners to suffice for meeting the requirement for Past Performance and Experience, as the JV as a whole will be responsible for performance?

Paragraph L.5.3 has been amended to address this situation and bring the evaluation into compliance with the FAR.

46. As bid development has been significantly affected by the absence of Section J documents, will the government extend the due date to a date providing the same bid development time as is provided in the original posting?

The due date has been extended.

47. Will the proposer be permitted to use experience of a major subcontractor to meet the requirements in the solicitation?

48. Will the government please provide a full building information sheet to include building square footage, building population, hours of operation and total square footage of grounds area?

See Amendment 02

49. Will the contractor be required to provide trash removal at sites where custodial services are performed?

YES

50. Who is responsible for the annual pressure vessel inspections? Is certification done by GSA or outside company?

Annual pressure vessel inspection is performed under by the contractor.

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This Agreement made and entered into this 1st day of July, 2013 by and between WW

Contractors, Inc. with an office at 115 West Mulberry Street, Baltimore Maryland, 21201

(hereinafter referred to as the Company) and Local 624 of the International Union of Operating

Engineers, AFL-CIO, with its principal office at 202 Katie Street, Richland, Mississippi, 39218

(hereinafter referred to as the Union).

The Company and the Union, having a common and sympathetic interest in the progress of industry, have entered into this Agreement in order to promote and maintain harmonious relations between the Company and its employees covered hereby, to insure the efficient operation of the Company, and to provide means for adjusting any differences which may arise by rational, common sense methods Captions or Articles of this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions thereof. Whenever the singular or plural number it used herein, is shall equally include the other and whenever the masculine or feminine gender is used, it shall equally include the other.

Now, therefore, In consideration of the mutual promises and agreement herein contained, the parties hereto agree as follows:

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 at� the following Federal Buildings: Little Rock CTHSE

600 W. Capitol Avenue, Little Rock, AR (AR0030RK); Little Rock FOB 700 W. Capitol

Avenue, Little Rock, AR (AR0063RK); Little Rock Annex 600 W. Capitol Avenue, Little Rock, AR (AR0085RK); Little Rock Old USPO/CTHS, 300 W. 2nd Street, Little Rock, AR

(AR0031ZZ); Batesville FB/USPO/CTHS, 409 E. College Street, Batesville, AR (AR0079ZZ� <� under GSA contract# GS-06F-0028R/GS-07P-11-JU-A-0122.

2.1 The Company and the Union agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices. The sites may implement safety initiatives involving employee's participation as individuals or on teams.

If a safety issue is not resolved satisfactorily or an unsafe condition or situation exists whereas employee considers site safety rules as unreasonable, the issue should be brought to the attention of supervision and the Union.

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

3.2 The Union further agrees to hold 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 adjudicated 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 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.

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:

a. 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, and 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. 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 satisfactory performance. 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.

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

c. Employees may use a Company provided cart for tools, materials and supplies during the performance of their duties. The use of a properly stocked cart minimizes service/repair time and may become mandatory at the discretion of the Company Project Manager.

d. Employees are required to have on their person at all times Company provided “Pocket

Work Orders” and use them as described in the Company Policy and Procedures Manual.

�� This Agreement shall only become affective and enforceable upon approval of the

Department of Labor.�

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, slow- down, 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.

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.

6.2 The Company shall establish available work shifts, days off and vacation periods.

Classification Seniority shall be considered but is not mandated as the only determining factor, in the selection of work shifts, days off, reduction and restoration of the working force. The operational requirements and maintaining the contract with GSA in good standing shall supersede all other considerations.

6.3 Classification and Company Seniority lists shall be prepared by the Union Steward in conjunction with Company and shall be posted January 1st of each year and shall be revised every six (6) month thereafter as applicable by staffing changes. 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, reduction in work force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation at the sole discretion of the Company. 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 at the sole discretion of the Company.

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 list.

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 does not apply to offers of temporary work. If after the allocated five (5) days the position has not been filled the employee will be given first choice for rehire.

e. An employee, while on a leave of absence, applies/accepts another job, applies for unemployment compensation, or goes into business for themselves; his employment and all seniority rights will automatically be terminated.

f. The employee fails to return to work at the expiration of either a medical or personal leave of absence. Employees returning to work from a medical leave of absence are required to provide a Return to Work Authorization from a licensed physician.

g. Absence from work for three (3) days or longer without notice.

6.7 Before employees are hired from the outside to fill vacancies it is the intention of the

Company to promote from within the bargaining unit, if the available employees have the skill and the ability necessary to do the work, as determined by the Company. In such instance the senior qualified employee, as determined by the Company, will be promoted. In the event that an employee is promoted or upgraded to higher rated occupational classification, the employee shall receive the applicable salary rate. The Union will be advised at least one week in advance, if practical, of promotion and upgrades becoming effective. The Company shall notify the union of job vacancies which it intends to fill. The Union may refer applications for employment to the

Company provided the applicants meet the standards, qualifications, and criteria for the vacancies. The Company shall have the right to reject any job applicant referred by the Union.

An employee when promoted will be on probation for the new position for a period of 90 days. If the employee does not perform satisfactorily in the new position during this probation period, he shall be moved back to the previous position or terminated at the sole discretion of the Company.

6.8 The Company, the Union and all employees covered by this Agreement shall, at all times and in all circumstances, abide by and comply with the Contract between GSA and the

Company as it relates to security, access, suitability behavior, commitment, and safety.

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 time 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.

8.1 The Wage and additional Benefit rates, which shall be effective during the term of this

Agreement, are set forth in Schedule A and are limited to a maximum of forty (40) hours per week per employee.

8.2 The rate of time and one half times the regular straight time rate shall be paid for all work performed in excess of forty (40) hours, including holidays and vacation, but not sick time.

8.3 Additional benefits, which shall be effective during the term of this Agreement, are set forth in Articles 9-12 of this Agreement.

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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 are paid bi-weekly on Friday.

9.2 Wage Schedule: Wages and classification of positions shall be as shown in Schedule “A”.

9.3 Overtime and Workweek. The normal work week will be eight (8) hours a day, five days a week. Employees shall be eligible for overtime only when they have worked (See Section 8.2) in excess of forty hours in a given week. Days off, where possible, shall be consecutive. Each employee shall have two (2) regular assigned days off in each forty (40) hour work week.

9.4 The rate of one and one-halftimes (11/2) the regular straight time rate of pay shall be paid for all work performed in any week running Sunday through Saturday for all hours physically worked, as defined in Article 8, above forty (40) hours per week. In order to meet operational or maintenance needs, or in case of emergency, employees may be required to work overtime.

9.5 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 by the Company.

9.6 The Company 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 Company agrees, when possible, to post a work schedule at a convenient place for observation by the employees at least one (1) week in advance, unless there is an emergency or situations that arise without warning to the Company.

9.7 Employees called out to work shall receive no less than two (2) hours pay. If the employee recalled within the two hours then the two hours pay period does not start again. The employee will not be eligible for the minimum two (2) hours pay if the call back is a direct result of the employee’s actions or lack thereof.

9.8 An Employee who is called in after normal working hours will receive overtime pay (one and one half of the normal pay rate) for all hours worked. Hours worked for call back pay will include Holidays and Vacations, excluding Sick pay.

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

1. New Year's Day�

2. Martin L. King's Birthday�

3. President's Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

10.2 Employees will be paid their normal scheduled hours at their normal straight time hourly rate for holidays. IE: Employees who are normally scheduled to work 4 hours, shall receive 4 hours pay for a holiday. Employees required to physically work on a holiday shall be paid at one and one- half (1-1/2) times plus holiday pay.

10.3 To be eligible to receive holiday hours, an employee must be on the active payroll and must work the entire last regularly scheduled shift prior to and the first full regularly scheduled shift following the holiday unless he is on pre-approved vacation.

10.4 A part-time employee will receive holiday pay at his regular hourly rate times the average daily hours worked in the week preceding the holiday observance. In order for any employee to receive holiday pay under this Article he must work or have his absence excused for the work day immediately before and immediately after that holiday

10.6 Should a holiday fall on a weekend, the day designated by the Company shall be recognized as the holiday.

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11.1 An employee who has attained the years of continuous service specified in the following table shall receive Vacation Days corresponding to length of continuous service:

11.2 Length of service includes the whole span of continuous service with the present

Contractor or successor, wherever employed, and with the predecessor contractors in the performance of a similar work at any of the Federal facilities.

11.3 All Vacations must be approved by management in at least two (2) weeks in advance. If a conflict exists between Vacation scheduling, approval will be given based on seniority for a maximum of five (5) days. Thereafter approval will be given on a first come first given basis.

Vacation payment will be calculated based on the employee’s straight time rate in existence at the time is used. A vacation day is based on the regular number of hours work during the pay period prior to the first day of the vacation period. The Company has the right to deny vacation requests based on the required work load anticipated when the vacation would occur.

11.4 The amount of Vacation Days to which an employee shall be entitled shall be based on the employee’s anniversary date.

11.5 Employees, who are laid off or otherwise removed from the payroll, shall be paid any accrued and unused vacation time. Employees who are terminated for cause or who do not provide two (2) weeks’ notice of resignation shall not receive any Vacation pay. Any employee during their first year of service will not be paid any unused vacation time regardless of any other terms and/or conditions in this agreement upon termination of employment.

Years of Service # of Days

First Year after Probation Period 5

After One (1) year 10

After Five (5) years 15

After Twelve (12) years 20

11.6 No unused Vacation Days can be carried over after an employee’s anniversary date. The previous statement does not apply if the employee was prevented from using the time by the

Company.

11.7 Employees shall be entitled to on their anniversary date, at their regular rate of pay, as identified in Schedule "A" after completion of the ninety (90) day probationary period.

11.8 The employees must recognize the responsibility of the Company and themselves for building operations and the contractual man power requirements and make every attempt, when possible, to schedule Vacation at least two weeks in advance.

11.09 Any unused Vacation will become the sole burden and shall be binding on any and all successors and assigns of the Company, whether by sale, transfer, merger, acquisition, consolidation, or otherwise.

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12.1 An employee summoned for Jury Duty to a court of record shall be allowed the necessary time off for such service. If an employee is not selected for Jury Duty he must report to work upon release by the court.

12.2 When an employee is selected for Jury Duty, he/she shall be compensated at his/her regular rate of pay for a maximum of eight (8) hours per day spent on Jury Duty. Hours spent on

Jury Duty shall be considered hours worked and Jury Duty will be used in calculation of overtime. Employee working the afternoon and night shifts shall not be required to report to work while on Jury Duty.

12.3 Employees shall present to the Company a statement from the clerk of the court showing the dates, times and compensation of such service. The employee will be paid for their regular scheduled hours of work, minus the amount paid for jury duty. If the employee fails to provide the required documentation the time off will be considered leave without pay.

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

13.2 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 within forty-eight (48) hours after the conclusion of the Step 1.

Step 2: If the grievance is not settled the employee shall reduce the grievance to writing within three (3) working days from the Companies answer from Step 1 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 seven (7) days.

� Appeal: The Union may appeal a denied Step III grievance to Arbitration within twenty

(20) 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.

� 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 (FMCS).

� The FMCS 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 FMCS 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.

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

13.4 The Company and the Union may, by mutual agreement, submit a grievance or dispute to the Federal Mediation and Conciliation Service for resolution through non-binding mediation.

The parties may utilize any other dispute resolution process that they may mutually agree upon.

The cost of any such alternative methods shall be borne equally between the parties unless otherwise agreed upon.

14.1 Uniforms provided by Company Purchase

A minimum of six (6) sets of uniforms will be provided to all permanent covered employees each year by the Company.

14.2 Uniforms provided under a Company Service Contract

When the company enters into a service agreement with a uniform company for the uniforms and servicing of the same, the following conditions will be adhered to

� All uniforms will remain on-site and cleaning/servicing will be performed by the

Company vender, unless otherwise approved by the Company on a case by case basis.

� Employees should plan enough time to change into their uniform prior to the start of their assigned shift and change out of the uniform after the shift has ended for the day. Uniforms are NEVER to be worn home for any reason, unless otherwise approved by the Company on a case by case basis.

� All employees are required to participate in the service contract for the uniforms.

All dirty uniforms are to be made available for pick up on the uniform vendor’s designated day of the week. This statement can be waived by the Company

Project Manager on a case by case basis. These waivers will usually limited to medical conditions/allergies or other reasons of the same magnitude.

14.3 In all cases of how the Uniforms are provided

� Should an employee be terminated from their position with the Company, for any reason, all uniforms will be accounted for within 24 hours of termination. The replacement cost, as indicated by the uniform vendor, of any missing or ruined garments (by the employee’s negligence) will be withheld from the employees final payroll check.

� All employees are expected to dress appropriately at all times. Uniforms should not be wrinkled or badly faded. Holes, tears, missing buttons, etc. should be reported to the office manager immediately so that arrangements can be made for repair or replacement.

� Shirts are to be tucked in, no “sagging” pants, no colored or patterned undershirts (only white, navy or black), � No hats with any other logos besides WW Contractors, no camo hats, no brightly colored shoes, no bandanas or do-rags, no earrings (women who work near equipment may wear small & tasteful earrings – for safety purposes, no large dangle earrings).

� At no time should an employee ever “work” in the building while still dressed in their street clothes, either before their shift or after.

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

15.2 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.

15.3 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.

15.4 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.

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16.1 Maternity or paternity leave will be granted in accordance with provisions of the Family and Medical leave Act.

16.2 Military Service Leave will be granted in accordance with the provisions of the

Uniformed Services Employment and Reemployment Rights Act of 1994. ("USERRA")

16.3 Except for military service leaves, all accumulated paid leave must be exhausted prior to being placed on leave without pay status. Employees who have requested, and have been granted scheduled vacation time off shall not subsequently have such vacation time revoked. However, once it is exhausted, the remainder of the prescheduled time will be without pay.

16.4 Upon return from an approved leave of absence the employee will be reinstated to a same or similar position, if available and open, including the corresponding current pay.

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17.1 Officers of the Union shall have the privilege of visiting members of the Union during working hours at the work place 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. All security requirements for the facility are to be complied with and are the sole responsibility of the Union for their Officers.

18.1 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.

19.1 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.

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

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21.1 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.

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22.1 The Union may select up to one (1) employee 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. The Shop Steward may receive and may discuss grievances of employees on the premises of the Company, 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. The 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 Company’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.

23.1 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 Project Manager or his designee.

24.1 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.

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25.1 The Company and the Union recognize that an employee may require three (3) consecutive calendar days, in the event that travel is more than 500 miles, then they will be entitled to five (5) days, for bereavement of a spouse, child, grandchild, grandparent, parent, sister, brother, parent-in-law. If any of the required days are working days, the employees shall suffer no loss of pay. One (1) of the days used for bereavement shall be the day of the funeral.

No employee shall receive any part of funeral leave that occurs during previously scheduled or regular time off, or when the employee is absent from work for other reasons. In no event, shall pay for funeral leave be in excess of eight (8) hours per day at straight time. Should an employee require more time off, the employee may use accrued vacation leave such as in cases where travel is required if approved by management.

25.2 Funeral pay must be used for its intended purpose. An employee is prohibited from using bereavement pay as time off.

26.1 The terms and conditions of this Agreement shall be binding on any and all successors and assigns of the Company, whether by sale, Transfer, merger, acquisition, consolidation, or otherwise. The Company shall make substantive efforts to ensure that as a condition of transfer that the successors or assigns will be bound by the terms of this Agreement, and shall notify the

Union before parties have concluded their transaction. The Company shall have no obligation under this Agreement if it loses the contract(s) with the government through a bidding process or through any other action by the government or the Company that does not involve any agreement between the successor and the Company.

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 to 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.

Digitally signed by Mark Myatt

DN: cn=Mark Myatt, o, ou, email=myatt@wwcontractors.

com, c=US

Date: 2014.08.25 15:32:27

-04'00'

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

IUOE LOCAL 624 and WW Contractors, Inc.

For work performed under the Service Contract Act

9 �