Solicitation_Amendment_GS-09-P-17-KS-D-0006_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 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

9PQ3S

Tania Ramsay, Contracting Officer

This purpose of Amendment 0002 is to reflect the following update to the Solicitation:

1. Enclosed is a copy of the current CBA, which expired on October 31, 2016. The incumbent contractor is working with the Union on the new CBA.

2. Response to Offerors questions received prior to the pre-proposal and site visit (see attached Q&A)

3. Revised SF1449 to reflect the SBA 8A setaside

4. Update to reflect the correct date for the Pre-proposal/Site visit (see attached RFP Page 7) 5 Update to reflect the correction on page 110 (see attached RFP Page 110)

GSA, AMD, SPECIALIZED CONTRACTS SEC (9PQ3S)

50 UNITED NATIONS PLAZA, 4TH FL

SAN FRANCISCO, CA 94102-4912 United States

EQ9PQ3S-16-5123

GS-09-P-17-KS-D-0006

1 2

12/7/2016

12/2/2016 x 1

INSTRUCTIONS

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 contacting 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.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - 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. 10-83) BACK

(1) Accounting classification Net increase $

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

(No collect calls)

(Use Reverse and/or Attach Additional Sheets as Necessary) (For Govt. Use Only)

(Type or print)

(SIGNATURE OF CONTRACTING OFFICER)

(Type or print)

(Print)

(Location)

(YY/MM/DD)

PAGE

GENERAL SERVICES ADMINISTRATION

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

(11) months to paid out in

04/01/19 to 03/31/20 Opt 3:

Courthouse in Los Angeles, contract for custodial and

04/01/18 to 03/31/19 Opt. 2:

Courthouse - Base Year month with the remaining eleven the Edward Roybal FB and U.S.

for the new five (5) year

PoP: 04/01/2017 - 03/31/2018 will provide funding for one (1)

Edward Roybal FB & U.S.

LoGO Contract so the first year

03/31/18 Opt. 1:

grounds maintenance services at

This PR is to provide funding

03/31/22 Base Yr: 04/01/17 to

CUSTODIAL/GROUNDS SERVICES:

Courthouse - Base Year contract for custodial and clause.

04/01/21 to 03/31/22 This is a

Edward Roybal FB & U.S.

04/01/20 to 03/31/21 Opt. 4:

for the new five (5) year

MO

performance is: 04/01/17 to accordance to the LoGO

CA. The full period of grounds maintenance services at

CUSTODIAL/GROUNDS SERVICES:

This PR is to provide funding

MO

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

2000 CUSTODIAL/GROUNDS SERVICES:

accordance to the LoGO to 03/31/21 Opt. 4: 04/01/21

This

Edward Roybal FB and U.S.

(11) months to paid out in

CA. The full period of to 03/31/20 Opt 3: 04/01/20

03/31/19 maintenance services at the

PoP: 04/01/2017 - 03/31/2018

Courthouse in Los Angeles, month with the remaining eleven to 03/31/19 Opt. 2: 04/01/19 to

Custodial and grounds provide funding for one (1) the Edward Roybal FB and U.S.

is: Option Yr. 1: 04/01/18

03/31/18 Opt. 1: 04/01/18

Courthouse - Option Year (1)

This is a LoGO

CA. The period of performance clause.

03/31/22 Base Yr: 04/01/17 to

Contract so the first year will

Edward Roybal FB & U.S.

MO

to 03/31/22 This is a LoGO

This is a

Courthouse in Los Angeles, performance is: 04/01/17 to

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

This

Edward Roybal FB and U.S.

CUSTODIAL/GROUNDS SERVICES:

to the LoGO clause. The maintenance services at the month with the remaining eleven

13000

03/31/19

11 __________

PoP: 04/01/2018 - 03/31/2019 months to paid out in accordance to will be provided for one (1) is: Opt. Yr. 1: 04/01/18

Custodial and grounds is : $________________.

PoP: 04/01/2018 - 03/31/2019 with the remaining eleven (11)

Courthouse - Option Yr. (1) his is a LoGO Contract; funding

MO

clause. The first month price be provided for one (1) month

CA. The period of performance

Courthouse - Option Yr.( 2) is: $______________ / month or

Courthouse in Los Angeles, accordance to the LoGO

Edward Roybal FB & U.S.

MO

is a LoGO Contract; funding will

CUSTODIAL/GROUNDS SERVICES:

Edward Roybal FB & U.S.

remaining eleven months price

(11) months to paid out in

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

The provided for one (1) month with

Contract; funding will be maintenance services at the

The

Edward Roybal FB and U.S.

PoP: 04/01/2019 - 03/31/2020

Contract; funding will be

03/31/20 This is a LoGO

Custodial and grounds maintenance services at the month price is estimated at:

clause.

03/31/20 This is a LoGO is: Opt. Yr. 2: 04/01/19 to

Courthouse - Option Yr (2)

LoGO

Custodial and grounds

CA. The period of performance

MO

is: Opt. Yr. 2: 04/01/19 to

Edward Roybal FB & U.S.

The first month price the remaining eleven (11) months

Courthouse in Los Angeles, The first

CA. The period of performance to paid out in accordance to the

CUSTODIAL/GROUNDS SERVICES:

the remaining eleven (11) months provided for one (1) month with

Edward Roybal FB and U.S.

Courthouse in Los Angeles, OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

is: Opt. Yr. 3 04/01/20 to

Courthouse - Option Yr (3) ths price is: $________________

The first month price to paid out in accordance to the

Edward Roybal FB & U.S.

clause.

CA. The period of performance

The remaining eleven months

The first the remaining eleven (11) months

Courthouse in Los Angeles, LoGO

Edward Roybal FB and U.S.

CUSTODIAL/GROUNDS SERVICES:

The remaining

The

MO

provided for one (1) month with to paid out in accordance to the

The

The

Contract; funding will be maintenance services at the clause.

Custodial and grounds

The

PoP: 04/01/2019 - 03/31/2020

03/31/21 This is a LoGO

/ month or $_______________.

month price is estimated at:

LoGO

The

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

PoP: 04/01/2020 - 03/31/2021 the remaining eleven (11) months

Courthouse in Los Angeles, 03/31/22 This is a LoGO

Custodial and grounds provided for one (1) month with

CUSTODIAL/GROUNDS SERVICES:

MO

Edward Roybal FB and U.S.

is: Opt. Yr. 4: 04/01/21 to

Courthouse - Option Yr (4)

$________________ / month or eleven months price is:

4001 MO

Contract; funding will be maintenance services at the

CA. The period of performance

Edward Roybal FB & U.S.

03/31/21 This is a LoGO

PoP: 04/01/2020 - 03/31/2021

Courthouse in Los Angeles, Custodial and grounds

CUSTODIAL/GROUNDS SERVICES:

LoGO clause. The remaining provided for one (1) month with

Edward Roybal FB and U.S.

to paid out in accordance to the

Courthouse - Option Yr (3) is: Opt. Yr. 3: 04/01/20 to

CA. The period of performance

Contract; funding will be maintenance services at the

Edward Roybal FB & U.S.

OF

ITEM NO., FORM OR

STOCK NUMBER DESCRIPTION OF ARTICLES OR SERVICES QUAN-

TITY

UNIT

OF

ISSUE

UNIT

PRICE

AMOUNT

to paid out in accordance to the

CA. The period of performance

Edward Roybal FB & U.S.

PoP: 04/01/2021 - 03/31/2022

Courthouse in Los Angeles, LoGO clause. The first month the remaining eleven (11) months

CUSTODIAL/GROUNDS SERVICES:5001

provided for one (1) month with to paid out in accordance to the

Contract; funding will be

Edward Roybal FB and U.S.

$__________________/ month or maintenance services at the the remaining eleven (11) months

PoP: 04/01/2021 - 03/31/2022

MO __________

eleven months price is:

03/31/22 This is a LoGO is: Opt. Yr. 4: 04/01/21 to

Custodial and grounds

LoGO clause. The remaining

Courthouse - Option Yr (4) price is estimated at:

Response Offerors questions received prior to Pre-proposal Conference/Site Visit - 12/6/2016

Question Response

1. I am hoping to find out if there is an incumbent contractor currently performing these services or if this is a new requirement. If there is an incumbent, could I please find out the contractor name and contract number?

The incumbent contractor is Exemplar Enterprises, Inc. The Contract number is GS-09P-12-KS-D-0007. The overall contract value is $11,485,327

2. I can see in the solicitation that the due date for the bid, on page 1, and the due date for questions, on page 7, is the same date which is January 17, 2016. Please advise.

GSA reserves the right not to answer questions that are vague, illegible, and/or irrelevant to the Solicitation. Submit all requests for information or clarification in writing to Tania Ramsay via email at tania.ramsay@gsa.gov no later than Monday, January 9, 2017, 4:00PM – PST.

3. Will subcontractor passed performance be allowed on solicitation GS-09P-17-KS-D- 0006?

If the Offeror was the subcontractor on another requirement, then their past performance would be considered.

4. The SF 1449 is currently reads "100% for Unrestricted", please advise.

This procurement is a 100% setaside for the SBA 8A program.

5. Is there a walk through scheduled for the above mentioned bid as yet? If so, can you please tell me when?

The Pre-proposal conference and site visit is scheduled for December 22, 2016, 10:30 AM-PST at the Roybal Federal Building located at 255 E. Temple Street, Los Angeles, CA 90012

6. On Amendment/ Modification N. 0001: The schedule for pre-proposal conference/ site visit schedule on Dec. 22, 2017 at 10:30am - PST. Are this correct schedule for year and date?

See response to question number 5.

7. Can you clarify site visit time and date. Says December 22nd 2017 10:30 am pst

See response to question number 5.

8. Under Section C.8 “Trash Management” paragraph C.8.3. Trash Disposal and Removal says “A separate government contracted trash removal company shall haul all trash and non-recyclables from the premises to and approved waste disposal facility. So does this mean we are not to submit pricing for Trash removal for A13 Annual Trash/recycling Removal on the offer Sheet Summary?

Offerors are not required to submit pricing for Annual Trash removal nor complete the A13/Trash Recycling Removal offer Sheet Summary.

9. If we are to provide trash removal services under this contract can you please provide the size of the containers and the frequency of the pickups?

The standard requirement under C.8.3., would be “The custodial Contractor shall collect and transport all trash and debris to designated locations on the loading dock or other designated holding areas for removal from the premises.”

10. Is there and oversight on the pricing sheet for line item 1000 it provides the first month price estimate at $149,285.04 is this the currently monthly price that has to be submitted?

This was an oversight; the dollar amount stated is an estimate and will be redacted from the SF1449.

- 7 -

A.2 OFFEROR INFORMATION

The following information is provided to prospective Offerors in order to assist with preparing the RFP. Please be advised that the following information does not excuse any prospective Offeror from being thoroughly familiar with the Solicitation requirements prior to submission of a proposal.

A.2.1 How to Request and Receive Explanations and Clarifications The GSA Contract Specialist is Tania Ramsay, who can be reached via telephone at 415-522-3354 or email tania.ramsay@gsa.gov. The mailing address is as follows: General Services Administration, Acquisition Management Division, 9PQ3R, 50 United Nations Plaza, 4th Floor Suite 4445, San Francisco, CA 94102.

1. This is a 100% competitive for all Small Business Disadvantage Businesses 8(a) set-aside procurement.

2. Before requesting an explanation or clarification of this Solicitation, please read the Solicitation in its entirety. In most cases, the clarification will be provided within the Solicitation itself.

3. The prospective Offeror requiring an explanation or interpretation of the Solicitation should submit questions in writing to the Contract Specialist identified in this Solicitation. Oral explanations or instructions given to a prospective Offeror(s) shall NOT be binding to the Government, and answers provided will be published on Fedbizopps.gov for other prospective Offerors to view.

4. Only the person(s) listed above is authorized to answer questions about this Solicitation. GSA is NOT responsible for any information provided about the Solicitation by any other source.

5. All questions regarding this Solicitation shall clearly identify the Solicitation number GS-09-P-17-KS-D- 0006 and the specific section of the Solicitation from where the question is derived – for example, the section and paragraph citation such as C.11 or page number such Section A, Page XX. GSA reserves the right not to answer questions that are vague, illegible, and/or irrelevant to the Solicitation. Submit all requests for information or clarification in writing to Tania Ramsay via email at tania.ramsay@gsa.gov or through U.S. Mail. Address all mail to: General Services Administration, Acquisition Management Division, 9PQ3R, 50 United Nations Plaza, 4th Floor Suite 4445, San Francisco, CA 94102 no later than Monday, January 9, 2017, 4:00PM - PST.

A.2.2 How to Attend the Pre-Proposal Conference/Site Visit All prospective Offerors are invited to attend GSA’s pre-proposal conference which will also include a ONE TIME tour of the facility. Prospective Offerors are responsible for arranging and paying for their own travel, lodging, meals, and all other expenses incurred in conjunction with attendance at this conference and any subsequent building visit. Please email the company’s name, number and name of attendees to the Contracting Officer, Tania Ramsay at tania.ramsay@gsa.gov.

All attendees must bring a valid photo ID to enter the premises.

Should the above conference be rescheduled, notice will be published on Fedbizopps.gov for prospective Offerors to view. GSA shall NOT be responsible for any costs incurred by prospective Offerors as a result of rescheduling the conference.

1. The pre-proposal conference/site visit will be held on December 22, 2016 at 10:30 AM-PST at the Roybal Federal Building located at 255 E. Temple Street, Los Angeles, CA 90012-3332.

- 110 -

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS/OFFERORS

52.212-1 Instructions to Offerors—Commercial Items (June 2008) – Incorporated by reference.

1. General The instructions below provide guidance for the preparation and submission of proposals. Their purpose is to establish requirements for the format and content of proposals so that proposals are complete, contain all essential information, and can be evaluated equally.

2. Submission and Content of Proposals For the purpose of this solicitation, one (1) sets of the technical and price proposals shall be submitted by the Offeror prior to closing time for receipt of proposals. The solicitation number shall be prominently written on the outside of the envelope containing the proposal. The submission envelope shall show the solicitation number, hour, and date for receipt of proposals in the lower left-hand corner of the envelope.

A. The proposal package must be received by 4:00PM (PST), on January 17, 2017 at:

Facilities Management Program Services Division Contract Section (9PQ3R) 50 United Nations Plaza, 4th Floor San Francisco, CA 94102 Attn: 9PMFC, Tania Ramsay

Hand-carried proposal packages must be received in accordance with the requirements stated in the paragraphs above. The term “hand-carried” includes special delivery and express mail carriers.

3. Technical /Price Proposal Guidelines Award may be made without discussions. Please submit a proposal to the Government on the most favorable terms from a technical and price standpoint.

Expensive, elaborate submittals are neither required nor encouraged. Only brochures and literature pertinent to the nature of work under this solicitation should be submitted if they are logically incorporated into the body of this technical/price proposal. Brochures and company literature used in advertising or promoting the company, or corporation investment profiles and prospectuses are discouraged.

In order to receive maximum consideration in the technical/price evaluation process, your proposal must, at a minimum, address all of the areas outlined in paragraph 4 below.

4. Information to be included in Technical/Price Proposals (See Section M)

a. Past Performance (See Section M)

The Government intends to contact individuals and firms for which the Offeror has performed services to evaluate your past performance record. Submit the following information for all current mechanical maintenance services contracts and all recent mechanical maintenance service contracts performed within the past (3) three years that are similar in size and scope to the requirements of the solicitation. Provide the following information for each contract:

-Name of company/agency for whom services were provided;

- Name, current telephone number, current facsimile (fax) number, and e-mail address of two (2) appropriate points of contact for the company/agency (i.e., CO and COR);

- dates of contract start and expiration;

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

Exemplar Enterprises, Inc.

AND

SERVICE EMPLOYEES INTERNACIONAL UNION,

United Service Workers West (USWW), CtW, CLC

November 1, 2013 to October 31st 2016

SEIU USWW

828 W. Washington Blvd. Los Angeles, CA 90015

(213) 284-7705

For Health and Welfare information or Pension Phone (213) 284-7705 SEIU, United Service Workers West (USWW), CtW, CLC i

TABLE OF CONTENTS

ARTICLE PAGE

ARTICLE I – NONDISCRIMINATION

ARTICLE II – UNION RECOGNITION

ARTICLE III – HIRING AND EMPLOYMENT

ARTICLE IV – CHECKOFF

ARTICLE V- MAINTENANCE OF MEMBERSHIP

ARTICLE VI – ENFORCEMENT

ARTICLE VII – NO STRIKE/NO LOCKOUT

ARTICLE VIII - UNEMPLOYMENT INSURANCE

AND WORKERS COMPENSATION

ARTICLE IX – MANAGEMENT RIGHTS

ARTICLE X – WAGES

ARTICLE XI – HOURS

ARTICLE XII – WORKING CONDITIONS AND JOB EXPENSE

ARTICLE XIII – MAINTENANCE OF WORKING CONDITIONS

ARTICLE XIV – HOLIDAYS

ARTICLE XV – VACATIONS

ARTICLE XVI – LEAVES OF ABSENCE

ARTICLE XVII – JURY DUTY

ARTICLE XVIII – HEALTH AND WELFARE

ARTICLE XIX – PENSION

ARTICLE XX – TRAINING AND EDUCATION

ARTICLE XXI – SENIORITY DISCHARGE AND SEVERANCE PAY

ARTICLE XXII – GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE XXIII – PRIVACY RIGHTS; IMMIGRATION AND

NATURALIZATION SERVICE

ARTICLE XXIV – ASSIGNMENTS

ARTICLE XXV – CHECKOFF FOR POLITICAL CONTRIBUTIONS

ARTICLE XXVI – SAVING CLAUSE

ARTICLE XXVII – COURTESY

ARTICLE XXVIII – TERM OF THE AGREEMENT

APPENDIX A

SEIU Service Workers West (USWW), CtW, CLC

AND

Exemplar Enterprises, Inc.

November 1, 2013 to October 31, 2016

THIS AGREEMENT, made and entered into this ____ day of January 2014 at Los

Angeles, California by and between SERVICE EMPLOYEES INTERNATIONAL UNION, USWW, (hereinafter called the Union) and Exemplar Enterprises, Inc. (hereinafter called the

Employer).

The employer recognizes the Union as the sole collective bargaining representative for its employees employed at the Roybal Federal Building.

ARTICLE I – NONDISCRIMINATION

No employee or applicant for employment covered by this Agreement shall be discriminated against because of membership in the Union or activities on behalf of the Union.

Neither the Employer nor the Union shall discriminate for or against any employee or applicant for employment covered by this Agreement on account of race, color, religious creed, national origin, age (except as allowed by law) sex, marital status, physical handicap or veteran status, family status, sexual orientation, or political belief. It is the policy of the Employer and the

Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, age (except as allowed by law) sex, marital status, physical handicap or veteran status, family status, sexual orientation, or political belief.

ARTICLE II – UNION RECOGNITION

Section 1. Scope of Bargaining Unit.

The Employer recognizes the Union as the sole collective bargaining representative for all employees coming under the classifications of this Agreement or performing duties of those classifications and all employees who perform the duties within the jurisdiction of the Union.

Such employees also include any TANF (Temporary Aid Needy Families) or GA (General

Assistance) workers who perform duties under the classification of this agreement.

Section 2. Subcontracting

A. The Employer shall not subcontract any work as described by the classifications set forth in this Agreement to any employee, person, or company. Excluded are employees who are classified as pest control, groundskeepers, and window washers.

ARTICLE III – HIRING AND EMPLOYMENT

Section 1. Union Security

It shall be a condition of employment that all employees of the Employer covered by this

Agreement who are in the bargaining unit on the effective date of this Agreement shall become members in good standing or tender to the Union the Union dues and initiation fees customarily required of members in the manner provided for in this Agreement. Any employee hired before

July 31, 1997 shall not be required to submit initiation fees. It shall be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, no later than the 31st calendar day following the effective date of this Agreement whichever is later, become and remain members in good standing, or tender to the Union the

Union dues and initiation fees customarily required of members in the manner provided for in this Agreement.

Section 2. Inform New Employees

The Employer shall, at the time of hire, inform each new employee who comes under the scope of the Agreement of the existence and terms of the Agreement and of such employee’s obligations of Union membership. Further, the Employer shall, at the time of hire, give each new employee a copy of the NOTICE TO NEW EMPLOYEES. The Union agrees to provide the Employer with copies of this notice.

Section 3. Referral for New Employment

A. New Employees

In the interest of maintaining a fair nondiscriminatory system of referrals of applicants for employment that will protect the interest of employees in their employment status. The Employer and the Union agree to the following procedure of referrals of applicants for employment.

1. When new and additional employees are needed the Employer shall first call upon the Union for such employees requesting the number and classification of employees needed. All applicants for “jobs” shall be referred by the Union to the Employer without reference to their Union membership or lack of such membership.

a. The Union will first refer applicants with experience in the trade who are residents of the local labor market, and who have had prior employment with janitorial employers in the local area.

b. If the Union cannot provide an employee ready and able to work within three (3) working days, the Employer will use their regularly established system to fill the new position.

2. After three months of probations; starting on the employees hire date, on call employees will become permanent on call employees and shall be protected by this agreement.

3. Referrals for permanent Positions

The Employer shall notify the Union in writing when it has an opening for a permanent part-time or full-time position. Full-time positions shall first be filled by employees who are on part-time status at that job location, in order of seniority. If the position remains unfilled or in the case of part-time positions, the position shall be filled by employees who are on recall status at the job location in order of seniority, and then by offering to on-call employees by seniority and then by selection of openings or by promotion, if applicable, pursuant to Article XXI, Seniority. If the position remains unfilled by recall or by offering to on-call employees by seniority or by selection of opening or by promotion, the Union shall refer applicants as per Section 3: New Employees.

ARTICLE IV – CHECKOFF

Section 1. Payment of Membership Initiation and Dues

A. The Employer agrees to a check off for the payment of Union dues and initiation fees and to deduct such payments from the wages of all the employees and remit same to the Union in accordance with the terms of signed authorizations of such employees, and according to the method set forth below. The Employer shall be the agent for receiving such moneys and the deduction of said dues by the

Employer shall constitute payment of said dues by the employees.

B. For newly hired employees hired after July 31, 1997, half of the initiation fee and the first month’s dues shall be deducted from the employee’s paycheck for the first payroll period with an ending date on or after the thirty-first (31st) calendar day following the beginning of said employee’s employment. The balance of the initiation fee and the next month’s dues shall be deducted from said employee’s first paycheck in the following calendar month. Regular monthly dues for such employee shall thereafter be deducted from the employee’s first paycheck in each calendar month. In the event the employment of any employee terminates on or after the 31-calendar day following the beginning of his/her employment, and any initiation fees and/or dues are unpaid, such initiation fees and/or dues shall be deducted from such employee’s final paycheck, including payment for any other compensation due.

C. The monthly dues for all other employees shall be deducted from the employee’s first paycheck in each calendar month.

D. All sums deducted for monthly dues and/or initiation fees shall be remitted to the

Union no later than the fifteenth (15th) day of the following calendar month after the deduction, together with an alphabetized list of all employees in Excel format via electronic mail, specifying the following:

1. The names of all the employees who have received pay during the calendar month in which remittance is made.

2. The amount of deduction for each employee for whom a deduction was made.

3. The names, addresses, social security numbers, phone numbers, dates of hire and job locations of all employees whose names are listed on the above list for the first time.

4. A notation of “No Authorization” beside the name of any employee who has not signed a payroll deduction authorization.

5. The Union shall have the right to receive, within five days, upon request, the corrected addresses of any employees covered by this Agreement.

6. The Employer agrees that the list set forth in this Article shall be submitted in a form, which is mutually acceptable to both parties.

E. In the event the Employer violates any of the terms and provisions of this

Agreement, and specifically in the event the Employer fails to deduct and remit the proper initiation fees and dues or fails to comply with the hiring procedures, the Union may consider such conduct on the part of the Employer a material breach of the Agreement and, notwithstanding any other provision of this

Agreement, shall have the right to take any legal action the Union may consider necessary. In addition to any legal action the Union may take, the Employer, in the event of a violation of any terms of this Article, shall be liable to the Union for the amount of initiation fees and/or dues, and in addition all legal and accounting costs and fees, not to exceed fifteen percent (15%) of the obligation or liability, plus all reasonable legal fees and court costs in the event the Union files a civil lawsuit and is the prevailing party.

ARTICLE V- MAINTENANCE OF MEMBERSHIP

Any employee who does not maintain membership in good standing with the Union or tender to the Union the dues and initiation fees customarily required of members of the Union as set forth in this Agreement, shall, upon notice of such fact in writing from the Union to the

Employer, be terminated.

ARTICLE VI – ENFORCEMENT

Section 1. Union Access

A. Union representatives shall be permitted to visit the Roybal Federal Building, provided such visits shall not interrupt the work of any employees.

B. The Employer agrees to assist the Union in obtaining access, including all documents and papers, to job locations of the Employer where clearance is required. The Union agrees to cooperate by providing adequate notice.

Section 2. Union Steward

The Union shall designate, by written notification to the Employer, a union steward for each zone and/or shift where five (5) or more employees work. The Employer agrees to recognize the union stewards who are designated by the Union. The Employer and the union stewards will cooperate in enforcing this Agreement.

A. Union stewards shall not interfere with the management of business or direct any work of any employee, but may advise the Employer of any violations of the

Agreement and also notify the employee participating therein.

B. Union stewards will be afforded time, without loss of pay to conduct union business. Prior to leaving the work area, a union steward will request permission from the supervisor. Union stewards will not leave the work area during rush hours.

C. Union stewards shall be entitled a top seniority at the facility to the fullest allowed by law.

Section 3. Union Information

A. The Employer shall provide a bulletin board at all job locations where such provision is a reasonable requirement, which will be made available to the Union to post notices and for all other Union purposes.

B. A copy of this Agreement shall be posted at each job location where such posting does not constitute an unreasonable requirement of the Employer.

Section 4. Lie Detector Tests

A. Nothing in this Agreement shall prohibit any employee from volunteering to take a lie detector test; however, the Employer shall not require any employee to take any lie detector test and shall not take any discriminatory or disciplinary action against an employee who refuses to take a lie detector test, regardless of the circumstances involved.

ARTICLE VII – NO STRIKE/NO LOCKOUT

A. For the duration of this Agreement, the Union agrees that it will not authorize, sanction, aid or engage in any strike or stoppage of work for any reason, except as provided in this paragraph or paragraph B below. Any employee who violates any of the terms of this

Article may be subject to discharge from employment with the Employer or any other form of discipline. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action for any employee covered by this Agreement to refuse to go through or work behind any picket line established by another labor organization because of a strike authorized by the appropriate County Federation of

Labor or Central Labor Council and the Service Employees International Union, or for the Union to authorize, sanction, aid or engage in any strike or stoppage of work relating to any such picket line. The Employer agrees that during the same period it will not engage in, cause, or aid in a lockout of employees covered under the Agreement, except that this prohibition shall not apply when the Union takes economic action as provided in paragraph B below.

B. Notwithstanding paragraph A above, or any other provision in the Agreement, it shall not be a violation of this Agreement for the Union to engage in economic action, or cause for discipline or discharge for any employee who participated in such economic action, under the following conditions:

1. In the event the Employer fails or refuses to abide by any award of an arbitrator issued pursuant to formal or expedited arbitration procedures under this Agreement.

2. In the event the Employer fails or refuses to proceed to arbitration under the terms of this Agreement of a grievance filed pursuant to this

Agreement within three months of the date that the grievance was originally filed.

ARTICLE VIII. UNEMPLOYMENT INSURANCE AND WORKERS COMPENSATION

Section 1. Submission of Information and Employer’s Use of Consultants

In the event an employee files for Unemployment Insurance benefits and the Employer requests a determination or provides any information that may form the basis for disqualification of the employee from such benefits, the Employer shall provide the Union with a written copy of such information at the time of submission to the California State Department of Employment.

A. The Employer agrees to abide by the Worker’s Compensation laws of the State of

California covering each employee coming under the terms and conditions of this

Agreement. The Employer will submit to the Union proof that it has complied with this requirement.

B. The Employer shall submit a list of physicians and medical facilities who are approved by the Employer and/or his/her insurance carrier. It is the intent of the parties to this Agreement that this list shall contain sufficient names so that employees will have an adequate number of physicians and medical facilities from which to choose for treatment of work incurred injury or illness. After reviewing this list, the Union may suggest that additional names be added and/or that names de deleted from this list. The Employer shall not unreasonably withhold approval of names submitted by the Union. Said list shall be reconstructed annually.

C. Employees who sustain an industrial injury or industrial illness and who require treatment and who have not submitted designation forms of personal physicians as permitted by law shall be required to secure that treatment from a physician or medical facility listed on the above-mentioned list of acceptable physician or medical facilities after he/she has first reported the occurrence of such injury or illness to the Employer. The choice of a physician or medical facility, listed as acceptable, shall be made by the employee. No attempt shall be made by the

Employer or Union to prejudice said employee either for or against any list of physicians or medical facility. Upon being informed by the employee, the

Employer has the responsibility to take all steps necessary to insure any employee who suffers an industrial injury or industrial illness shall receive medical attention as needed.

D. No Employer shall discharge or discriminate against or refuse to hire any member of the Union because said employee elected to pursue any Workers’

Compensation remedies guaranteed to him/her by state law.

E. The Employer will not unreasonably refuse to pay for an employees’ entire shift in the event said employee is required to leave work due to industrial injury or industrial illness

ARTICLE IX – MANAGEMENT RIGHTS

Management shall have the sole and exclusive right to manage, direct, and operate its business, except where expressly limited under the terms of this Agreement or by applicable state or federal laws. Such rights include, but are not limited to the following:

1. To determine the nature and scope of its business operations;

2. To hire and fire employees under its supervision;

3. To organize and direct its work force;

4. To increase or reduce the work force in its direction as sound business judgment dictates;

5. To assign, promote or demote employees under its supervision or control;

6. To lay off employees for lack of work;

7. To enact reasonable company work rules and regulations to promote safety and efficiency in operation;

8. To discipline employees, including issuing verbal and written warnings, suspensions or terminations.

The listing of specific rights in this Article is not intended as a restriction upon, or a waiver of, any other usual and customary rights of management, whether or not such rights have been claimed, asserted, or exercised by the Employer in the past or expressly listed in this

Agreement. Management recognizes and agrees to exercise its rights consistent with its obligations under all applicable state and federal laws.

ARTICLE X – WAGES

Section 1. Minimum Wage Scales

A. The wage scales and economic benefits in Appendix A of this agreement are minimum wage scales and economic benefits for the Roybal Federal Building.

Nothing in this Agreement shall be interpreted to prohibit an Employer from paying higher wage rates or additional benefits than are set forth in this

Agreement. Such wage increase and/or additional benefits shall include, but shall not be limited to those set forth by the Service Contract Act or the General

Services Administration.

Section 2. Payment of Wages

A. All wages shall be paid by check. Such check shall specify the total number of hours worked, and contain an itemized list of all deduction.

B. Wages shall be paid no less than twice a month.

C. In no event shall any pay period be changed where either the intent or effects is to avoid the payment of overtime.

Section 3. Availability of Paychecks

A. Paychecks shall be made available at the job location on the scheduled payday. In the event the employee elects to pick up his/her own check on his/her own time at the Employers’ place of business, then the Employer agrees to post a schedule of check pick-up.

B. Paychecks shall be made available to the employee, or placed in the mail no later than four (4) office work days after the close of the day period. Each employee shall be notified when his/her pay period ends.

Section 4. Inspection of Records

A. The Union shall have the right to inspect the paycheck of any employee covered by this Agreement after the same has been returned to the Employer by the bank.

B. The Union shall have the right to inspect and audit all payroll records and time sheets and all other records, papers, or documents of the Employer which relate to the terms and conditions of this Agreement.

C. The Employer shall provide the Union annually a list as to each employee’s sick leave and vacation benefits.

Section 5. Payment for Travel

A. Any employee who is required to move from location to location in the course of performing his/her work assignments shall be paid for all time spent in traveling between such locations, in addition to the hours actually spent working at the various job locations.

Section 6. Payment for the use of employee’s own vehicle

A. Each employee who is required by the Employer to furnish his/her own vehicle to carry any equipment or supplies between locations shall be reimbursed for use of the vehicle for each required mile driven at the rate set by the Internal Revenue Service of the US Department of the Treasury (IRS). Whenever the IRS increases the amount of mileage reimbursement exempt from declaration as income, the Employer shall increase the rate of mileage reimbursement equal to the new IRS guidelines, effective

January 1st of the year in which the adjustment is made.

ARTICLE XI – HOURS

Section 1. Day’s work

A. Eight (8) hours within not more than nine (9) hours shall constitute a day’s work.

All employees shall receive one (1) fifteen (15) minute paid rest period during each four (4) four hours of work. Time and one-half (1 ½) shall be paid to all employees who work in excess of eight (8) hours per day.

B. Overtime shall not be obligatory and shall be offered on the basis of seniority.

C. Any employee who is required to remain at the job location of the Employer shall be paid for all such time, including overtime, regardless of whether or not work is performed.

Section 2. Week’s Work

Forty (40) hours’ work based on five (5) consecutive working days, followed by two (2) consecutive days off shall constitute a weeks’ work. Time and one half (1-1/2) shall be paid to any employee who works in excess of forty (40) hours per week or on the sixth (6th) consecutive day. Double (2) time shall be paid to any employee for all time worked on a seventh (7th) consecutive day.

Section 3. Minimum Hours

An employee shall be guaranteed four (4) hours pay each time he/she is required to report for work. An employee shall be guaranteed at least twenty (20) hours pay within five (5) consecutive days of any week he/she is required to work.

Section 4. Maintenance of Hours

If there is a reduction in the hours of an employee’s permanent work scheduled, the employer will notify the union.

ARTICLE XII – WORKING CONDITIONS AND JOB EXPENSE

Section 1. General Requirements

A. The Employer agrees to provide and to properly maintain equipment and materials adequate to perform any and all work assignments.

B. The Employer will observe all federal and California laws and regulations pertaining to occupational safety and health.

C. The Employer agrees to provide proper safety appliances and equipment to safeguard the health and safety of all employees, and to observe all federal and state laws regarding working conditions.

1. Such equipment includes durable gloves, masks, safety belts for heavy lifting, non-slip shoe covers (for Waxers) and gowns or other equipment to protect against hazardous materials or dangerous conditions.

2. Training, as defined by Federal and State health and safety regulations, will be made available to all new employees and to any currently employed employees, upon their request.

D. The Employer shall furnish three (3) uniform shirts for all employees when hired per year, and three (3) on each anniversary date thereafter. The company shall maintain at the office of the job location jackets to provide for employees when needed.

E. The Employer shall maintain suitable lockers, soap and towels for employees where possible.

Section 2. Accidental Breakage

Employees shall not be liable for any accidental breakage.

ARTICLE XIII – MAINTENANCE OF WORKING CONDITIONS

Section 1. Current Agreement

The Employer shall not reduce the number of employees or the man-hours worked or rates of pay, or change the starting or quitting time of any employee at the job location because of the execution of this Agreement.

Section 2. Job Location

The Employer shall notify the Union prior to any following changes occurring:

1. Any employees lay off, reduction in number of employees, or change the weekly or daily hours of any employee.

2. Any change in starting or quitting time or days of work, either temporary or permanent at the job location.

Section 3. Layoff and Reduction of Staff

A. In the event the Employer desires to lay off any employee or employees or reduce staffing, the Employer will submit the following information to the Union, in writing, before any action is taken on the proposed lay off.

1. The shift in which the proposed lay off is to occur;

2. A list of the employees working at the job location listed by shift, and the length of employment and classification of each employee;

3. A list of the employees the Employer desires to lay off or positions the

Employer desires to eliminate;

4. The date and reason for the proposed lay off, or reduction in staffing.

B. In the event of a proposed reduction in staff, prior to that reduction, the Employer agrees to discuss with the Union the impact of said reduction.

C. Except for extenuating circumstances, the Employer shall give a minimum of five

(5) days’ notice in writing to the affected employee or pay the employee an amount equivalent to the employee’s wages for one (1) week, based on the employee’s normal wage, in lieu of such notice. If, during the 5 day period, any affected employee does not call or report to work, said employee will be terminated.

D. No regular full-time employee shall be laid off while there is a part-time or extra employee working on the job location.

E. Employees on layoff, and regular part-time and extra employees shall receive preference over all new hires in the event the Employer hires new employees, as provided in Article III, Hiring and Employment. Affected employees will be notified by certified mail given 5 (five) working days to respond.

Section 4. Job Bidding Procedure

Whenever the Employer Bids or takes over the servicing of any job location where the present employees are working under the terms of a collective bargaining agreement to which a local of the Service Employees International Union is signatory, the Employer agrees to do the following:

1. Contact the Union for the number of employees, all job classifications, number of man hours worked per day and…