9531-24-R-0207 Custodial Services_Amendment No. 1.pdf

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

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

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

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

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

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

RFP 9531-24-R-0207 Response to Questions

Question USHMM Response What is the scale on the drawings provided? Please see attachment "Scaled grounds drawings" for reference I understand that the custodial employees are in a union. If this is correct, will you be providing a copy of the CBA so that proper rates

Please find the CBA attached.

Who the Incumbent was and what the previous award dollar amount? Brooks & Brooks Services, Inc. The original base period bid was $1,714,037.52 Is this bond an Annual renewable bond? After review, the bond requirement is removed in it's entirety. Section 8, subsection E

(c) 'Bonding' is deleted What is the wage determination for this RFP? Yes. It will be attached Is there a CBA and/or union agreement for this project? There is a Collective Bargaining Agreement in place between Public Service

Employees Local Union 572 and Laborers’ International Union of North America with current contractor Brooks & Brooks. This agreement is effective until September 30, 2024. The CBA is attached.

Can we provide approval along with our response and then proceed to get the bond issued if we’re awarded the contract?

After review, the bond requirement is removed in it's entirety. Section 8, subsection E

(c) 'Bonding' is deleted

How many cigarette urns? Asking since we’re required to buy the sand. 4 at the Shapell Center, 10 at the Museum

What does it mean by “commercial cleaned”? Is this shampooing them? Mats are sent out to be commercially cleaned. This is not done onsite.

Do we discard everything in the refrigerator except condiments? How do we know what’ s “expired”?

More in-depth guidelines will be provided for the successful bidder, but for the purpose of this solicitation, items not subject to spoilage would be retained (condiments, certain beverages).

Cleaning and storing of table covers on-site. Are there washers onsite for us to use? There is a washer/dryer unit for Housekeeping and one set of back up units if needed.

With current CBA expiring on September 2024, our understanding is that the RFP is requesting fixed price only for the base contract through Sept. 2024, and that option year’s budget will be adjusted based on the outcome of the upcoming union negotiation.

Is that correct, or is the ask for us to also estimate budget increases for the subsequent

(4) one-year options?

Please provide pricing based on the current CBA. When the new CBA is in place you will submit a proposal for equitable adjustments.

What was the original bid amount and if it has increased annually at what percentage was each increase?

The original base period bid was $1,714,037.52 with no annual percentage increase.

Could you confirm if there are any assigned parking spaces designated for the contract? There is no parking available.

Are there any subcontractors currently engaged in this project? Yes

Can you provide the Current Contract Number? AC9531180020 Can you provide additional guidance pertaining the required Bond? We understand that this is a required submittal. Due to the unlikely high-amount ($5Mil) of such a bond, would it be possible to provide proof of a current Bond and a letter of Commitment to fulfill such requirement? It seems that the Max Fidelity Bond one can apply for is $1,000,000.00. From our knowledge a Fidelity Bond is different from a Business Bond.

In addition, the Janitorial Services Bond Maximum is $100,000.00. Can we combine multiple? Can you clarify?

As stated above, the bond requirement is deleted from this RFP.

Can you provide a Cost Sheet and/or a Schedule of Items? If not, can you provide additional guidance on what is expected pertaining Cost Proposal Format? We understand and have noted the provided Cost Tables for the Reimbursable Tasks.

No we will not provide a cost sheet or schedule of items. Formulate your proposal in the most clear and consice way to reflect costs.

Basic Cleaning Service - Can you confirm the following Cleaning Frequencies? If not, please advise. Museum: Daily - Monday-Sunday RAC: Monday-Friday Cafe: Monday-Sunday SCCRC: Monday-Friday

Please refer to the scope of work for available cleaning times. Offerors are responsible for determining the frequencies necessary to meet the performance work statement.

Pertaining to the Carpeted Areas: We have noted that there is no set Frequency for a “Deep” Cleaning. There is mention of holding knowledge of such practices and spot cleaning. Can you elaborate or confirm that there is no additional Carpet Service needed other than Spot Cleaning and Vacuuming? If so, can you clarify the Frequency of such services.

This is a performance based contract. Offerors should determine the frequencies needed to meet the requirements.

We do understand that 6.1 Basic Services encompasses ALL Areas. Due to the Business Nature of the Cafe, can you elaborate and clarify the Tasks/Services to be provided in this area? Are we to clean Food Prep Areas, Hoods, Ovens, Etc.

The Housekeeping Contractor cleans the public seating area floor and restrooms. The Cafe Contractor is responsible for cleaning their equipment and food preparation areas daily. The Housekeeping contractor performs periodic deep cleaning services on the floors in this area on request (no more than annually or semi-annually).

Per E: Kitchenette and Breakrooms- We are to provide Kitchenette Supplies. Can you provide a Consumable Report encompassing such items?

No, we do not have this information. The only supply not referenced in the provided reports is dish soap.

Under Section R: Refrigerators, Freezers, Etc., Subsection B - It details that services pertaining such include the “Museum’s leased office spaces (Portals)”. Can you provide guidance on the “Portals” area? There was no mention of such Area during the walkthrough nor in the SOW.

The Museum leases space at Portals III at 1201 Maryland Avenue, SW, Washington DC 20024 approximately 3 blocks from the Museum. Base services include the weekly cleaning of the refrigerators (4) in this space. Reimbursable services have included glass cleaning and upholstery cleaning as well as deep cleaning services during the pandemic.

During our Walkthrough, it was noted to see on-site Janitorial Staff performing services to a Breakroom. Under Section C: Work Schedules, Subsection E- it details: “Schedules shall include, but not limited to early morning cleanings and services prior to opening the Museum, normal day cleaning and services..” Per the provided SOW, incorporating Section 8: General Information, Part B: Hours of Operation and Available Cleaning Times - it states we are to provide Services “Outside Business Hours”. Can you provide clarification and guidance on what Tasks are expected to be completed during all expected “Cleaning Schedules” and at each Location?

Please refer to the Scope of Work for this information. Offerors are to propose their work schedules based on the pertinent performance expections that can be found throughout this document.

Under Restroom Supplies - It details that Contractors shall ensure Restrooms are stocked sufficiently so that supplies do not run out. Given the current SOW, we provide Service “Outside of Business Hours” - Can you provide guidance on how we can approach this Task/Requirement?

The Museum holds evening events periodically. Supplies are monitored by the evening cleaning crew for these events.

Section T. Candles and Accessories: Supplying Sand. Can you provide a Consumable Report on this Item?

No, we do not have this information.

Can you provide clarification on when the Exhibit Cleaning is to take place? (i.e. After- Hours, Etc.)

Exhibition cleaning currently takes place in the evening after the Museum closes.

Can you provide the Size (SqFt) of the Permanent Exhibition (PE)? Approximately 37,000 sf

Pertaining the Exhibitions Maintenance Team (EMT): Can you provide the Current/Estimated Team Size?

No, as the size of the EMT will depend on the Offeror’s respective, proposed technical solution. Offerors should propose the staffing that reflects their expertise and experience.

Pertaining the Exhibitions Maintenance Team (EMT) - Third Priority, assisting the ECCT during Reinstallation or Installation: Can you provide historical data to appropriately Price such Task? (i.e. X Hours per Week/Month/Year)

We cannot provide historical data but it is an infrequent occurrence currently handled with regular staffing levels.

Pertaining the Exhibitions Maintenance Team (EMT): Can you clarify if the COR will be providing EMT Training? If not, can you elaborate on preferred Training Method (i.e.

Agency/Company Providing such Certification) or do we compile/create/execute such Training?

The Museum will provide EMT training.

Regarding the Periodic Cleaning within the PE: Can you provide the amount of Grills and Vents within the Museum Air Control System?

No, we cannot provide the number of grills.

Regarding the Periodic Cleaning within the PE: Can you provide Historical Hourly Data pertaining the Cleaning Service of the Ceiling Grids on the 2nd and 4th Floors?

No, the Museum does not have historic or hourly data.

Regarding the Periodic Cleaning within the PE, Subsection 3 and 4: Can you provide Historical Data and Frequencies?

No, the Museum does not have historic or hourly data.

Will the current Storage Areas holding Supplies be provided? Yes.

Regarding the provided Consumable Reports: We noted a significant change between both provided Months. In addition, the Supplies mentioned on one report differ or are not included on the other (i.e. Tampons, Sani-Sac, Micro-Hygiene Filter). Can you provide 2 Consecutive Months to better grasp Supply Usage?

Fluctuations are generally due to levels of visitation in the Museum. May is a busier month than November. We cannot provide two consecutive months.

Regarding the provided Consumable Reports: Can you confirm the following Units utilized for measurement? Multifold Towels utilized in November 2023 was 280,000 Sheets, not packs nor cases?

2-Ply Toilet Tissue utilized in November 2023 was 192 Rolls, not cases?

Half-Fold Toilet Seat Covers utilized in November 2023 was 30,000 Sheets, not packs?

Kleenguard Powder-Free Gloves utilized in November 2023 was 1,000 Pairs, not packs of 100/50/Etc.?

40x48 Clear Trash Can Liners utilized in November 2023 was 5,000 Bags, not Rolls nor Cases?

No, the Museum cannot confirm this. These consumable reports are provided as a reference only by the current contractor and should not be relied on for quantitites.

Regarding the provided Consumable Reports: A multitude of Filters were noted. Aside from a Vacuum Filter, can you clarify if we are required to provide Exhaust Filters and Micro-Hygiene Filters? If so, can you provide additional item details?

Filters shown on the consumable reports are for the housekeeping contractor's equipment only.

Regarding the Snow Removal: Can you provide current Supply Information: Magnesium Chloride, Sand, Snow/Ice Melt?

No, the Museum does not have this information.

Regarding the Snow Removal: Can you provide Supply (i.e. Magnesium Chloride, Sand, Snow/Ice Melt) Usage/Order Data?

No, this is ordered as needed and is a reimbursable expense

Regarding 6.1 Basic Cleaning Service - Can you confirm the following Cleaning Frequencies? If not, please advise. Museum: Daily - Monday-Sunday RAC: Monday-Friday Cafe: Monday-Sunday SCCRC: Monday-Friday

Please refer to the scope of work for available cleaning times. Offerors are responsible for determining the frequencies necessary to meet the performance work statement.

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AGREEMENT

BETWEEN

PUBLIC SERVICE EMPLOYEES LOCAL UNION 572

LABORERS' INTERNATIONAL UNION OFNORTH AMERICA

AND

BROOKS & BROOKS SERVICES, INC.

AT THE

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

WASHINGTON, DC

EFFECTIVE: OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2024

TABLE OF CONTENTS

I. PREAMBLE 3

II. UNION RECOGNITION 3

III. PURPOSE & SCOPE 3

IV. UNION SECURITY 4

V. DUES CHECK-OFF & AUTHORIZATION 4

VI. HOURS OF WORK & CALL-IN 5

VII. HIRING OF NEW EMPLOYEES 7

VIII. UNION REPRESENTATION 7

IX. STEWARD REPRESENTATION 8

X. CLOTHING & EQUIPMENT 8

XI. SAFETY REQUIREMENT 8

XII. PROMOTIONS 9

XIII. REDUCTION IN FORCE 9

XIV. SENIORITY 9

XV. VACATIONS 10

XVI. HOLIDAYS 11

XVII. MATERNITY LEAVE 11

XVIII. SICK LEAVE 12

XIX. MILITARY LEAVE OF ABSENCE 12

XX. FUNERAL LEAVE 12

XXI. LEAVE WITHOUT PAY 13

XXII. JURY DUTY 13

XXIII. HEALTH & WELFARE INSURANCE PLAN 13

XXIV. WAGES AND FRINGE BENEFITS 13

XXV. PENSION 13

XXVI. TRAINING 14

XXVII. LEAD PERSON 14

XXVIII. DISCHARGE OR DISCIPLINARY PROCEDURES 14

XXIX. BULLETIN BOARD 16

XXX. GRIEVANCE PROCEDURE AND ARBITRATION 17

XXXI. TERMS OF AGREEMENT 18

ADDENDUM B-1…

ADDENDUM B-2

SCHEDULE “A”

AGREEMENT

ARTICLE I

PREAMBLE

This Agreement has been entered into effect October 1, 2021, by and between Brooks & Brooks Service, Inc. hereinafter referred to as "COMPANY" and Public Service Employees Local Union 572 - Laborers' International Union of North America; herein collectively referred to as "Union".

ARTICLE II

UNION RECOGNITION

The Union shall be the sole and exclusive bargaining agent, as provided by the National Labor Relations Act, as amended, for all regular full time and part time employees at the Company's UNITED STATES HOLOCAUST MEMORIAL MUSEUM facility, located at 100 Raoul Wallenberg Place, SE, Washington, DC (20024-2150) location, excluding office, clerical employees, probationary employees, guards and supervisors as defined in the National Labor Relations Act, as amended. This Agreement shall be applicable only with respect to such employees, other than probationary employees as hereinafter defined and only with respect to the said operations of the Company at the UNITED STATES HOLOCAUST MEMORIAL MUSEUM in Washington, DC.

Section I. The Company agrees to recognize the Union at any other installation where the Company has contracts when the Union is able to demonstrate that it represents a majority of its regular employees who are covered by the Labor-Management Relations Act of 1947, as amended. This will be determined by a card check.

Section 2. The foregoing provision shall not apply in any state to the extent that it may be prohibited by state law. When work covered by this Agreement is to be performed upon property of the United States Government, as to which the provisions of any state "right-to-work" law are inapplicable, all employees covered by this Agreement who are performing such work shall be required, ·as a condition of continued employment on such property, to obtain membership in the Union no later than the thirty-first (31st) day following the beginning of such employment or the effective date of this Agreement, whichever is later, and maintain such membership in the Union while so employed.

ARTICLE III

PURPOSE AND SCOPE

It is the intent and purpose of the parties hereto set forth herein the basic agreement covering wages, hours of work, and conditions of employment to be observed between the parties hereto, and to provide procedure for prompt, equitable adjustments of alleged grievances to the end that there shall be no interruptions or impeding of the work, work stoppages, strikes or lockouts during the life of this Agreement.

ARTICLE IV

UNION SECURITY

Subject to Section 8 (a) (3) of the National Labor Relations Act, as amended all present employees of the Company covered by this Agreement who are members of the Union on the date of execution of this Agreement shall remain members of the Union in good standing as a condition of employment. Subject to Section 8(a)(3) of the National Labor Relations Act, as amended, all employees of the Company covered by this Agreement, who are not members of the Union and all such employees who are hired hereafter, shall become and remain members of the Union in good standing as a condition of employment on and after thirty-first (31st) working day following, the beginning of their employment or on and after the beginning of the thirty-first (31st) working day following the date of execution of this Agreement, whichever is later.

The failure of any employee to become a member of the Union at the required time shall obligate the Company upon written notice from the Union to such effect and to further effect that Union membership was available to “such person” on the same terms and conditions generally available to other members, to forthwith discharge such employee. Further, the failure of any employee to maintain his Union membership in “good standing” as required herein, shall upon written notice to the Company by the Union to such effect, obligate the Company to discharge such employee.

The Union shall indemnify the Company and save it harmless from any claim, loss, damage, cost, or expense arising out of the discharge of any employee under this Article, and the Company shall not be required to make any investigations into but shall be entitled to rely on any representation made by the Union with respect to the discharge of any employee for failure to join the Union or to maintain Union membership pursuant to this Article.

ARTICLE V

DUES CHECK-OFF AND AUTHORIZATION FORM

The Company will deduct and pay to the Union the regular amount of initiation fee and Union membership dues established by the Union Constitution or By-Laws from the pay of each employee covered by this Agreement who voluntarily authorizes and directs the Company to make such deductions. Each such authorization shall be in writing and in the form prescribed below and shall be governed by the provisions thereof. The Union shall notify the Company in writing whom the payee of the checks for such deductions shall be, and the name and address of the person to whom such checks are to be sent. The Company shall be entitled to rely on notice until written modification thereof.

The Union shall indemnify the Company against and save it harmless from any claim, loss, damage, cost or expense arising out of any wrongful deduction and payment of any amount under this Article.

The Company shall transmit to the Union not later than the thirty-first (31st) day of the following month in which the deductions were made, a check for the total amount deducted, together with a statement in alphabetical order listing the names of all employees and the amount paid on his behalf. In the event an employee does not have sufficient earnings due him in any month to cove the amount of said deductions for that month, the Company agrees to make such deductions from the earnings due the employee in future months until the employee is current in his payments.

The written deduction authorization shall be in the following form:

ARTICLE VI

HOURS OF WORK AND CALL-IN

Forty (40) hours a week of five (5) eight (8) hour days shall constitute the normal workweek for the day shift and twenty (20) hours a week of five (5) four (4) days shall constitute the normal workweek for the night shift, provided, however, that this shall not be deemed to constitute a guarantee by the Company of any particular number of hours per day or per week to any employee. All hours worked in excess of forty (40) hours per week in the employee’s regularly scheduled workweek shall be paid for at the rate of time and one-half.

The Company agrees to maintain a list of “On-Call Employees” to cover for the work of regular or part-time employees that may be out on sick leave, vacation or any other excusable absence. In the event that the Company is not able to timely retain the services of an “On- Call Employee” and regularly scheduled employees are asked to cover the work of the missing person; the Company agrees to take in consideration the additional work being assigned and may not use disciplinary action against an employee who is not able to complete his regularly schedule assignment, plus the additionally assigned work. On-Call Employees are employed for the purpose of covering for personnel that may be out on an approved or excused leave of absence and may not be employed for a period of more than 30 days without discussion with the Union as to why an On-Call Employee is needed beyond the period of 90 days.

The Company shall have the right to schedule working hours and to make revision in such schedule to meet its needs or the needs of the Government. Workforce may be rotated on assignments as necessary for the benefit of the contractor or training purposes with proper notice in schedule change given to the employee.

Where the Company proposes to change a personnel policy, or working condition specific to the covered members working at the U.S. Holocaust Memorial Museum, the Union will be notified as early as practicable, but normally no later than five (5) working days prior to the proposed implementation date.

The Union will be given an opportunity to discuss the proposed change(s) as means of clarification in order to better disseminate the information to its members. Proposals from the Union, outlining other ways to accomplish the Company’s mission, will be given full consideration and responded to prior to implementation.

In the extraordinary situations where a delay beyond the proposed implementation dates would create circumstances involving an overriding exigency or unreasonable may be implemented on an interim basis pending resolution through discussions with the Union:

Any employee scheduled to work or called in by the Company shall receive a minimum of four (4) hours of work on the day shift or two (2) hours of work on the night shift or be paid the difference, if any, between the time worked and four (4) hours a day or two (2) hours a night at his regular straight time rate if sent home before the time if reported for work at the required time, unless the Company had taken reasonable steps to notify such employee that there would be no work.

No employee scheduled for work or called in by the Company shall be required to stand by awaiting for an assignment without being paid for his regular straight time rate during such waiting period, unless the Company took reasonable steps to notify such employee that there would be no work or that this starting time had been changed.

If for any reason, unforeseen emergencies or acts of God, the Museum closes and as a result, employees are not required to work, the employees will only receive pay if the Company is compensated by the Museum for the particular time frame affected.

The employee’s payday will be in accordance with the Company’s payroll policy. If payday falls on a Saturday, payday will be the previous Friday. If payday falls on a Sunday, payday will be the following Monday. If the Company makes any mistakes in paying hours worked or owed benefits, the Company will ensure that money owed shall be paid in the individuals next pay cycle. In the case that an Employee loses or destroys his/her paycheck, he/she will be required to pay fifty dollars ($50) to have the Company re-issue the paycheck. The paycheck will be re-issued within seven (7) days to allow the Company time to track the lost check, cancel it and have the payroll company re-issue the new check. If the paycheck is lost due to no fault of the Company or the Employee, i.e. lost in mail, the cost of replacing the check will be borne equally by the Company and the Employee at a cost of twenty-five dollars ($25) each.

Each full-time employee shall receive a lunch period without pay of not less than a half-hour and not more than one (1) hour.

Full time employees will receive an additional fifteen (15) minute break within the first five

(5) hours of their work schedule.

Employees off work due to personal injury, illness or death in the immediate family will notify the Company office by phone or letter at the UNITED STATES HOLOCAUST MEMORIAL MUSEUM facility in Washington, DC at least twenty-four (24) hours in advance of the shift on which they will return to work for the purpose of work scheduling.

ARTICLE VII

HIRING OF NEW EMPLOYEES

A notice will be posted at the work place for the period of five (5) working days to allow current employees to apply for the position. When the position offers better working conditions than the one currently held by employees, Article XIV, seniority will be followed.

Unless the needs of the company would make it practical to do so, the Company will communicate with the Union whenever the Company needs to hire additional employees who would be covered by this Agreement. The Company will give fair consideration on a non-discriminatory basis to all applicants for employment, regardless of membership or non-membership in the Union. The Company will notify the Union within five (5) days of any new employees hired.

Also, in discharging of employees, the Company will notify the Union within seventy-two

(72) hours after discharge of their removal and reason for the dismissal. The procedure also applies to suspensions.

ARTICLE VIII

UNION REPRESENTATION

The Company agrees that the Union may designate not more than one (1) employee at any time as representative elected or appointed to a local office or as a delegate to any Union Activity necessitating a leave of absence. Upon written request from the employee, supported by a written statement by the Union, such employee will be granted a leave of absence without pay for the time he is required to be absent on Union business, provided no more than one classification is absent at one time and provided further, such request be submitted to the Company at least seven (7) days prior to commencement of the leave of absence.

A Shop Steward serving as a representative of the Union in connection with the processing of grievances by employees covered by this Agreement, shall be granted reasonable time to investigate complaints and process grievances. The amount of time granted will be decided by mutual agreement between the Steward and Project Manager. In each instance the steward shall first obtain permission from his immediate supervisor and such permission shall be granted as soon as conveniently possible without interfering with performance of the Company’s obligations under Government Contract.

ARTICLE IX

STEWARD REPRESENTATION

A. The Union shall supply the Company, in writing, and shall maintain on a current basis, a complete list of all authorized stewards (which shall not exceed two (2) on each shift consisting of a primary Shop Steward and his alternate), together with the designation of the group of employees each is authorized to represent. In no event shall the representation of employees of processing of grievances interfere with the performance of work or the fulfillment of the Company’s obligation under the government contract.

The Company shall also be kept advised in writing by the Union of names of its officers and representatives who are authorized to act on its behalf. If the Company plans to transfer to a Steward, officer or representative from one shift to another, it will make reasonable effort to advise the Union thereof at least two (2) days prior to taking such action. Subject to any regulations or requirement established by the government with respect to government property, authorized agents of the Union shall have access to the Company establishment during working hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to, provided, however, that such visits shall not interfere with the performance of any employee’s work or the fulfillment of the Company’s obligation under its government contract. No employee shall be discriminated against or discharged for exercising any rights under the National Labor relations Act, as amended.

B. The Shop Steward shall not interfere with the management of the business or direct any work or an employee, but advise the Company of any violations of the Agreement and also notify the employee participating therein.

C. Prior to leaving the work area, the Shop Steward will request permission from the supervisor. The Shop Steward will not leave his work area during rush hours.

D. Shop Stewards shall be entitled to top seniority at the installation

ARTICLE X

CLOTHING AND EQUIPMENT

Employees who are required by the company to wear uniforms, special clothing or to have special equipment will be furnished those items at no cost to the employee. All deposits required of employees for uniforms, special clothing and special equipment shall be refunded by the Company upon termination, provided the items covered by the deposit are returned to the Company in good condition, normal wear and tear excepted. The Company will initially issue two (2) wash and wear uniforms to be maintain by the employee. The employee must wear clean and un-torn uniforms. Uniforms will be replaced under normal wear and tear.

When the employee leaves the Company, the uniforms must be returned.

ARTICLE XI

SAFETY REQUIREMENTS

In order to provide safety controls for protection to the life and death of employees and prevention of damage to property, supplies, and equipment, the Company shall comply with all applicable safety requirements established by the Company or the government, or both.

ARTICLE XII

PROMOTIONS

When the Company determines that a vacancy exists in any classification in the bargaining unit, a notice of the vacancy shall be posted for a period of five (5) working days on the Union bulletin board. Any employee in the Bargaining Unit, to include “on-Call Personnel”, shall be permitted to sign the notice indicating his/her desire to be selected for the position.

In effecting a promotion, the employer will give first consideration to employees of the unit and selection will be made therefrom unless an outside applicant is better qualified.

The employment record or applications of all candidates will be reviewed with full regard given to each candidate’s skills, abilities and experience. In making a selection for a position within the bargaining unit, when all other factors are equal, the Company agrees to select the most senior employee.

ARTICLE XIII

REDUCTION IN FORCE

If it is reasonably possible to do so, the Company will notify the Union at least ten (10) business days (Monday through Friday) prior to any reduction in force, including such details with respect thereto as are available. When an employee is discharged or laid-off, he shall be paid by check for any wages owed to him at the time of discharge or lay-off, mailed by registered letter to his last known address, at his next scheduled payday, provided, however, the Company may deduct Union dues pursuant to ARTICLE V, hereof that are owing as of the date of termination. When the Company wishes to recall laid-off employees, it shall attempt to contact the employee by telephone, it shall telephone the Local Union, and it shall mail a letter to the employee’s last known address. The employee may be required to respond and be available for work within forty-eight (48) hours of the above procedure. All employees are required to keep the Company informed of their current address and phone number.

ARTICLE XIV

SENIORITY

A. The Employer recognizes seniority which shall be based upon the length of continuous service with previous, present, and succeeding Employers according to the Employer’s and Union’s records as an important factor to be considered by it in shift assignments, promotions, demotions, lay-offs, and recall within the unit. It is understood, however, that the employer may also consider efficiency and capability provided that when these factors are equal, seniority shall prevail.

B. No employees shall acquire any seniority rights until the previous or present Employer has continuously employed him for a period of thirty-one (31) calendar days.

C. A break in seniority shall occur in the following events:

1. If an employee quits

2. If an employee is discharged for cause

3. If an employee takes an unauthorized leave of absence for more than three (3) consecutive days

4. If an employee is laid off for more than six (6) months

D. The Employer shall supply the Union with an up-to-date seniority list, which shall be reviewed annually on or before May 30th.

E. Every new employee shall be on probation for a period of thirty-one (31) calendar days and during this probationary period all employees may be dismissed for any reason considered justifiable by the Employer. Any employee so dismissed shall not have a right to invoke the grievance and arbitration procedure of this Agreement.

ARTICLE XV

VACATIONS

Each employee of the Company who has been continuously employed at the UNITED STATES HOLOCAUST MEMORIAL MUSEUM facility covered by this Agreement shall receive paid vacations as follows:

After One (1) year of service - Two (2) weeks vacation After Five (5) years of service - Three (3) weeks of vacation After Fifteen (15) years of service - Four (4) weeks of vacation

Each employee shall receive vacations based on his normal workweek or at the employee’s standard hourly wage rate multiplied by the number of hours of vacation-to-which he is entitled. Vacation hours’ balance will be tracked/kept by the Company and made available to the Employee, at their request by contacting the project manager.

Employees may schedule their vacations in advance to coincide with efficiency of operation of the Company. Should conflicts in scheduling arise, seniority shall prevail. Once vacation has been approved, the Employer may not arbitrarily cancel or change it without the consent of the Employee. Once vacation has been approved, the Employer must ensure that sufficient personnel will be available for work as to not cause a “Cancellation” in any ones approved vacation.

Any vacation pay due to an employee shall be paid at the time said employee takes his or her vacation or/and the time the current prime contract terminates or expires or on the employee’s anniversary date, whichever occurs first.

Length of service includes the whole span of continuous service with the present (successor) contractor wherever employed and with predecessor contractors in the performance of similar work at the same federal facility.

Employees whose services are terminated shall receive earned vacation pay as computed in paragraph one and two of this Article. Vacation earned before or beyond the employee’s anniversary dates shall be paid on a pro-rated basis of one-twelfth of such pay for each month worked before or beyond his or her anniversary date of employment.

ARTICLE XVI

HOLIDAYS

Employees covered by this Agreement shall be entitled to eleven (11) paid holidays per year , plus Inauguration when applicable

New Year’s Day Columbus Day Martin Luther King Jr Day Veterans Day Inauguration Day Thanksgiving Day President’s Day Christmas Day Memorial Day Floating Personal Day Independence Day Juneteenth Day Labor Day Any other day declared a Legal Holiday by the U.S. Government

The floating Personal Day has to be scheduled and approved in advance by the project manager. No more than 25% of employees may take a Floating Personal day on the dame date.

Employees shall be paid for the holiday based upon his/her normal workweek. The Company may substitute for any named holiday a different day off with pay, provided, that the Company shall give advance reasonable notice thereof to the employees involved and to the Union.

Employees who are required by the Company to work on one of the named or U.S. legal holidays within their regular work week will receive the same pay they normally receives on regular work day plus the pay he would normally been entitled to for holiday, provided, however, that there shall be no pyramiding of holiday pay in determining the overtime rate for overtime work performed on such day. Sick leave cannot be used in conjunction with a Holiday, unless illness can be verified.

ARTICLE XVII

MATERNITY LEAVE

Unpaid Leave:

Pregnant employees who have completed their probationary period will be eligible for leave of absence in accordance with applicable law and the provisions of this Article. No later than the end of the third month of pregnancy, such employees shall notify their supervisor of the expected date of delivery and the date they wish to stop work. By the end of the sixth month of pregnancy, such employees who desire to continue working shall provide their employer with a statement from their attending physician certifying the expected date of delivery, their physical ability to continue working and the date up to which they are permitted to work.

Maternity leave begins on the date on which the employee stops working and will be granted for a period not to exceed six (6) months, except that employee who for valid medical reasons are required to take maternity leave prior to the sixth month of pregnancy or who for valid medical reasons must postpone their return to work, will be granted maternity leave for a period of up to nine (9) months. Maternity leave will be an unpaid leave of absence, seniority status will not be altered should the employee return to work within the limit imposed by the Company

ARTICLE XVIII

SICK LEAVE

“Sick leave” is defined as absence of an employee from work by reason of verified illness or accident which is work connected and not compensable under the Workmen’s compensation Laws on Maryland, Virginia and District of Columbia.

Eligibility and Benefits: An employee who has completed his probationary period and is absent from work is eligible to receive paid sick leave at his regular rate of pay in accordance with the following schedule:

One (1) to five (5) years of service - Seven (7) days of sick leave Six (6) to nine (9) years of service - Nine (9) days of sick leave Nine (9) years of service or more - Twelve (12) days of sick leave

Sick leave shall be paid on a current basis, if substantiated by the employee, in accordance with this agreement and the company’s sick leave policy. Sick leave due to an employee shall be paid at the time said employee is out due to illness. Sick days will be paid according to the employees normally schedule hours of work i.e. if day shift, scheduled hours for work are eight (8), they will receive eight (8) hours of pay for one sick day; if night shift scheduled hours of work are four (4), they will receive four (4) hours of pay for one sick day. Sick leave hours’ balance will be tracked/kept by the Company and made available to the Employees at their request by contacting the project manager.

The employee has claim for sick leave benefits shall submit in all cases of illness lasting more than forty-eight (48) hours, a physician’s certificate or other acceptable evidence of disability.

The physician’s certificate must certify that the employee is able to return to the full scope of duties.

ARTICLE XIX

MILITARY LEAVE OF ABSENCE

Leave of absences without pay with no effect on seniority will be granted to employees not serving on active duty in the armed forces, but who belong to reserve components and must serve actively in a summer camp program or other legitimate reserve programs. Leave of absence without pay will also be granted to employees whom may be called into the service.

Voluntary enlistments are not covered by this clause.

ARTICLE XX

FUNERAL LEAVE

An employee who has completed his probationary period shall be entitled to leave of absence with pay at his regular rate for a maximum of three (3) regular scheduled work days lost in case of death in his immediate family, namely, mother or legal guardian, father or legal guardian, husband, wife, daughter, son, brother or sister, provided the leave of absence is taken during the period between the date of death and the day following burial, both inclusive, and provided further that the employee is prepared to offer valid proof of death and relations upon request. Two (2) days leave for grandparent, One (1) day leave for aunts and uncles, One (1) day leave for mother-in-law & father-in-law. The maximum number of days of leave of absence, with pay, shall be limited to six (6) days per calendar year.

ARTICLE XXI

LEAVE WITHOUT PAY

Leave of absence without pay, but without loss of any rights or privileges shall be granted to employees for legitimate reasons for not more than thirty (30) days with approval of the Company during the term of this Agreement. Approval by the Company shall not be unreasonably withheld. Unauthorized or unapproved leave shall be limited to a Maximum of five (5) occurrences per any twelve (12) month period, otherwise, suspension or termination may occur.

ARTICLE XXII

JURY DUTY

An employee who has completed his probationary period and who serves on Jury /duty shall be compensated by the Company in the amount of the difference between his regular rate for regular scheduled work days lost, and the amount received as juror’s fee. Whenever the employee is temporarily excused from jury duty by the court on his scheduled workday, he shall advise his supervisor as promptly as possible and stand ready to report to work if requested by the Company. The receipt of a subpoena or the notice to report to jury duty must be reported a minimum of two (2) weeks in advance to the appropriate supervisor and the Company may request that the employee be excused or exempted from such jury if, in the opinion of the Company, the employee’s services are essential at the time of the proposed jury service. The Company may require proof of service.

ARTICLE XXIII

HEALTH AND WELFARE INSURANCE PLAN

The Company shall make contributions on behalf of all full-time and part-time employees in accordance with Schedule “A” and Addendum B-1 to this Agreement as attached.

ARTICLE XXIV

WAGE AND FRINGE BENEFITS

Employees covered by this Agreement shall be paid wages and receive fringe benefits as provided in Schedule “A” attached hereto (apply only to the UNITED STATES HOLOCAUST MEMORIAL MUSEUM Washington, DC). Employees scheduled to work the evening shift shall receive thirty-five cents ($0.35) per hour differential pay.

ARTICLE XXV

PENSION

The Employer shall contribute for each paid hour which an employee covered by this Agreement is entitled to pay to Laborers Union of North America’s National (Industrial) Pension Fund in accordance with Schedule “A” and Addendum B-2 to this Agreement as attached.

ARTICLE XXVI

TRAINING

The Company shall contribute for each hour paid for which each employee covered by this Agreement is entitled to pay to the Laborers’ Employers Service Contract Education and Training Trust Fund at the rate set forth in Schedule “A” to this Agreement. The Employer and the Union hereby adopt the Agreement and Declaration of Trust establishing said Fund; a copy of which has been provided to each and agreed to comply therewith.

The Company shall submit contributions due for work performed during a month to the Fund by the twentieth (20th) day of the immediate following month, and shall also submit to the Fund at the address of 109 Kimberwicke Drive, South Charles Town WV 25414, Phone (304) 724-5060, such reports as the Fund’s Board of Trustees deem necessary to verify the Company’s contributions. Interest at the rate of one and one-half percent (1.5%) per month compounded shall be assessed against the Company for all contributions past due for more than thirty days unless expressly waived in whole or part by the Board of Trustees. If the Company becomes delinquent in making required contributions or reports to the Fund, the Union and the Fund shall have the right to take whatever steps they deem appropriate to secure compliance by the company with its obligations, notwithstanding any provision of this agreement to the contrary. The Fund shall be entitled to have a certified public accounting firm audit the payroll and other records of the Company solely for purposes of verifying the accuracy of contributions to the Fund.

ARTICLE XXVII

LEAD PERSON

The classification “Lead Person” shall describe an employee of the Company who is not a supervisor within the meaning of the National Labor Relations Act, and who is a member of the bargaining unit. The Lead Person will exercise certain minimal supervisory or direct responsibilities over certain projects or certain kinds of work in which both he/she and other employees of the Employer are engaged. The Lead Person has no power or right to hire or fire, but may have the obligation to report to a supervisor the job performance of the employees with whom he/she is working. The Lead Person may do any kind of work customarily performed by members of the bargaining unit so long as he is paid no less than ($0.30) thirty cents above the hourly rate of the highest paid employee working in the bargaining unit.

ARTICLE XXVIII

DISCHARGE OR DISCIPLINARY PROCEDURES

Discharge or disciplinary suspension of the services on employee shall be based on just and sufficient cause, with a full explanation to the employee that which shall be had in written form, if so requested in writing by the employee, at the time of discharge or disciplinary action.

An employee’s steward shall be present (a) while a disciplinary demotion, suspension, layoff or discharge is being imposed; (b) while a disciplinary warning of which a written record will be made is given that continued misconduct will result in disciplinary demotion, suspension, layoff or discharge. A copy of such a warning of which written record is made shall be provided to the Union (Steward or Agent) within two (2) days of action taken.

Any disciplinary action taken by a contractor shall…