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Project Labor Agreement for building baseball stadium
As negotiated by the Executive Office of the Mayor and forwarded to the DC Sports and Entertainment Commission
June 16, 2005

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Press release Project labor agreement

Government of the District of Columbia
Executive Office of the Mayor
The John A. Wilson Building - 1350 Pennsylvania Avenue, NW, Suite 533 - Washington, DC 20004

Office of Communications

Project Labor Agreement (PLA)

PLA announcement in RFK stadium, June 16, 2005
Joslyn Williams, AFL-CIO; City Administrator Robert Bobb; Jerry Luzapone, Building Trades Union; Mayor Anthony Williams, PLA announcement in RFK Stadium, June 16, 2005

New stadium will mean new opportunities for minority owned business and hundreds of new good-paying jobs for District residents.

  1. The Agreement states that the Stadium project will utilize apprentices for 25% of the jobs and 50% of all of those apprentices will be bona fide City residents. In order to train City residents to become journeypersons, 100% of all new
     apprentices will be bona fide City residents.
  2. Certified Local Small and Disadvantaged Business Enterprises (LSDBEs) will receive 35% of the contracts. Certified LSDBEs that are awarded contracts with a total combined value of $10 million or less will not be required to recognize the union.
  3. District residents will receive priority status. on the "union call list"' and be referred to a job before non-District residents, regardless of the District resident's place on the referral list. A contractor seeking to hire a bona fide city resident will contact the applicable union dispatch and request a city resident. If the union is unable to dispatch a city resident, the union will contact the D. C. Department of Employment Services (DCDOES) and obtain a city resident to fill the dispatch. If no qualified individual is identified by DCDOES within 48 hours the union may use its normal referral procedures. This is the first time a union has agreed to change their "call out procedures.
  4. The Agreement includes provisions for the Summer Youth Program, for youth ages 16 to 18. Building trades workshops for District youth will be conducted by the Washington Area Building Trades Unions.
  5. The Mayor will appoint a Task. Force that will oversee the Agreement and the hiring of local residents. The Task Force will include contractors, unions, community groups, community members, religious leaders and city government representatives. The Task Force will review the operations and results of the job training programs, apprenticeship programs, local hires and apprenticeship hires. The Task Force will have the ability to file a grievance if the contractors or the unions do not follow the Agreement.
  6. If there is a dispute regarding the jobs and apprenticeship, the Task Force will help resolve the issues. If the parties cannot resolve their dispute, the issue(s) will be presented to an arbitrator for a binding decision.
  7. If there are not three bids on each contract, the contractor will not have to recognize the union or use the union hiring hall. But the contractor will still have to pay the same wages and benefits and agree to hire 50% City residents for journeypersons, as well as biding by the requirements set forth in # 1.
  8. If a contractor or a union fail to follow the Agreement, the contractor and the union will be subject to sanctions.
  9. Under the Agreement, the union agrees to no strikes, sympathy strikes, picketing, work stoppages, slow downs or other disruptive activities for any reason to ensure that the stadium gets built on time.
  10. The agreement provides for monetary sanctions of 5% in direct and indirect costs of the contract for failure to employ 50% of District residents on the contract.

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PROJECT LABOR AGREEMENT

This Project Labor Agreement (hereinafter referred to as "the Agreement") is entered into this _____ day of ____, 2005, by and between, on the one hand, [Insert Name of Construction Manager], its successors or assigns (hereinafter referred to as "the Construction Manager") and, on the other hand, the Washington, D.C. Building and Construction Trades Council (hereinafter the "Council"), and the Mid-Atlantic Regional Council of Carpenters (hereinafter "MARCC"), acting on their own behalf and on behalf of their respective affiliates and members whose names are subscribed hereto who have, through their duly authorized officers, executed this Agreement (hereinafter collectively referred to as "Union" or "Unions"), ,'' and any International Unions who become signatory hereto, with respect to the Project defined below. These entities shall hereinafter be collectively referred to as the Parties to this Agreement. All Contractors who execute a Letter of Assent agreeing to be bound by this Agreement shall also be considered Parties to this Agreement.

For purposes of this Agreement, the following additional definitions shall apply:

The term "Project" shall consist of all work necessary for the construction of the new Baseball Stadium located in Southeast, District of Columbia Washington D.C., as such work is more specifically defined herein.

The term "Owner" shall refer to the District of Columbia, Sports and Entertainment Commission The term "City" shall refer to the District of Columbia. The term "Construction Manager" refers to . . . .

The term "Contractor" shall include all construction contractors of whatever tier, including all subcontractors engaged in onsite construction work within the scope of this Agreement, and including the Construction Manager when it performs construction work within the scope of this Agreement. Where specific reference to __________ [Name of Construction Manager] alone is intended, the term "Construction Manager" is used.

ARTICLE I 
PURPOSE

Section 1. The City and the Owner have placed the highest priority for employment and apprenticeship training opportunities for bona fide residents of the City and the creation of contracting opportunities for local, small and disadvantaged companies in the City's business community. In furtherance of those priorities, the City and the Owner have tasked the Parties to this Agreement to negotiate terms and conditions in this Agreement that will advance those goals and remove obstacles that may have historically limited the full employment of such local residents or the access of such businesses to the opportunities on projects of this kind. Additionally, the City recognizes the necessity of including comprehensive programs for employment, including recruitment and training of bona fide City residents on this Project.

Section 2. The City and the Parties also recognize the need for the timely completion of this Project without interruption or delay and to predict cost and a steady supply of skilled labor. Timely construction of this Project will require substantial numbers of employees from construction and supporting crafts possessing skills and qualifications that are vital to its completion. The Parties will work together to furnish skilled, efficient craft workers for the construction of the Project, as required by this Agreement.

Section 3. The Parties desire to mutually establish and stabilize wages, hours and working conditions for the craft workers on this Project, to encourage close cooperation between the Contractors and the Unions to the end that a satisfactory, continuous and harmonious relationship will exist between the Parties to this Agreement. This Agreement is intended to enhance this cooperative effort through the establishment of a framework for labor-management cooperation and stability.

Section 4. In recognition of the special needs of this Project, and to maintain a spirit of harmony, labor-management peace, and stability during the term of this Agreement, the Parties agree to abide by the terms and conditions in this Agreement, and to establish effective and binding methods for the settlement of all misunderstandings, disputes or grievances which may arise. Further, all Contractors agree not to engage in any lockout, and the Unions agree not to engage in any strike, slowdown, or interruption or other disruption of or interference with the work covered by this Agreement.

Section 5. Except as otherwise set forth herein, the Parties agree that this Agreement will be made available to and will fully apply to any successful bidder for work performed on this Project who becomes a signatory hereto, without regard to whether that successful bidder performs work at other sites on either a union or a non-union basis, and without regard to whether employees of such bidder are or are not members of any Union. This Agreement shall not apply to any Contractor for work that is performed on work other than this Project. The Unions hereby pledge to work cooperatively on this Project with all Contractors awarded work governed by this Agreement.

Section 6. To accomplish the important purposes of this Agreement, the City will implement this Agreement by including appropriate provisions in the bid documents, contract specifications and other contract documents for work covered by the scope of this Agreement. It is understood by the Parties to this Agreement that the work covered by this Agreement shall be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, and that all such Contractors shall be Parties to this Agreement. Contractors who are a Party to this Agreement may include businesses with which the City, at its sole discretion, enters into contracts through its Small, Local and Disadvantaged Business Enterprise Program. For work awarded under this program performed under this Agreement, the Unions pledge to work cooperatively with the business owner in order to help achieve the City's objectives of increasing capacity among historically disadvantaged businesses with the City.

ARTICLE II
SCOPE OF AGREEMENT

Section 1. This Agreement shall apply and is limited to the recognized and accepted historical definition of construction work that is performed by and under the direction of the Contractors who have contracts awarded for such work on the Project. Such work shall include site preparation work, dedicated off site work, and on-site construction work necessary to complete the Project. Dedicated off-site work is that work which specifically serves the Project and covers work traditionally performed on-site. Such dedicated off-site work shall be performed in accordance with the economic terms and conditions of this Agreement. This Agreement shall not apply to deliveries, or utility relocation up to the property line of the Project.

Section 2. The Owner and/or the Construction Manager have the absolute right to select any qualified bidder for the award of contracts on this Project without reference to the existence or non-existence of any agreements between such bidder and any Party to this Agreement; provided, however, only that such bidder is ready, willing and able to become a Party to and comply with this Agreement, should it be designated the successful bidder. All Contractors, including but not limited to all prime contractors and all subcontractors of any tier, who have been or who will be awarded contracts for work covered by this Agreement are required to accept and be bound by the terms and conditions of this Agreement by executing the Letter of Assent (see Appendix A hereto) prior to commencing work. A copy of the Letter of Assent executed by the Contractor shall be immediately transmitted to the Council and to the Unions prior to the dispatch of employees to the job site. The Construction Manager shall assure compliance with this Agreement by all Contractors engaged in work on this Project.

Section 3. The Parties to this Agreement understand and appreciate the need for competition in the construction markets. In order to avoid adverse cost impacts on the Project, the Parties therefore agree as follows:

(a) At least thirty (30) days prior to the scheduled bid receipt date for each trade package, the Owner and the Construction Manager shall seek to obtain letters from at least three (3) subcontractors in which each such prospective subcontractor agrees to bid on the trade package and be subject to the terms of this Agreement (such letters are hereinafter referred to as "Intent to Bid Letters"). In the event that the Construction Manager does not receive three such Intent to Bid Letters from subcontractors that are qualified to perform the work and have the business resources necessary to perform the work identified in the trade package, then the trade package shall be exempt from Article II, Section 6 (except as stated therein), Article IV, Sections 1 and 3, Article XI Section 1 (except that wages and fringe benefits at the rate set forth in the Union collective bargaining agreement applicable to the trade package shall be paid for the duration of the Project as described more fully in Section 5, below), and Article XIII of this Agreement. The Construction Manager shall provide the Council with a copy of the Request for Proposals ("RFP") for each trade package no later than forty-five (45) days prior to the scheduled bid receipt date for such trade package. Additionally, the Construction Manager shall notify the Council upon receipt of any Intent to Bid Letter received and shall provide the Council with the opportunity to inspect such Intent to Bid Letter upon request. Any issues, arising in connection with exclusion of any trade package from this Agreement under this subsection (a) may be referred to the Task Force for immediate consideration and resolution.

(b) In the event the Construction Manager fails to receive at least three bona fide bids on any trade package, the Construction Manager shall have the right to rebid such trade package and, if rebid, the trade package shall be exempt from Article II, Section 6 (except as stated therein), Article IV, Sections 1 and 3, Article XI, Section 1 (except that wages and fringe benefits at the rate set forth in the Union collective bargaining agreement applicable to the trade package shall be paid for the duration of the Project as described more fully in Section 5 below), and Article XIII of this Agreement. No other terms of the original RFP may be changed for the rebid trade package. The Construction Manager shall notify the Council if it failed to receive at least three bona fide bids on any trade package and shall provide the Council with the opportunity to inspect all bids submitted upon request, subject to the terms of a mutually agreed-upon confidentiality agreement. The Construction Manager shall also provide the Council with a copy of the RFP for any rebid trade package for which three bona fide bids were not received at the same time such RFP is officially released and shall provide the Council, subject to the terms of a mutually agreed-upon confidentiality agreement, with the opportunity to inspect all bids submitted in response to the rebid trade package upon request. Any issues arising in connection with the exclusion of any trade package from this Agreement under this subsection (b) may be referred to the Task Force for immediate consideration and resolution.

(c) To encourage full and open bidding on all trade packages, the Construction Manager and the Owner agree that they will include in all trade subcontracts a requirement that any disputes between the Construction Manager and a Contractor over payments claimed to be due the Contractor for work performed on this Project shall be subject to expedited arbitration in accordance with the terms of the prime contract between the Owner and the Construction Manager The Owner and the Construction Manager also agree that no special treatment will be accorded to any contractor bidding on a trade package unless the same special treatment is provided to all contractors bidding on the trade package.

Section 4. Certified Local, Small and Disadvantaged Business Enterprises ("LSDBE"s) that are awarded contracts individually or with a total combined value of $10 million or less will not be bound by Article II, Section 6 (except as stated therein), Article IV, Sections 1 and 3, Article XI, Section 1 (except that wages and fringe benefits at the rate set forth in the Union collective bargaining agreement applicable to the trade package shall be paid for the duration of the Project as described more fully in Section 5 below) and Article XIII of this Agreement. The Construction Manager shall notify the Council of the value of each contract awarded to an LSDBE at the same time the LSDBE is notified that it was the successful bidder. If the LSDBE's contract exceeds $10 million plus a 10% addition for change orders or, if at the time of the award, the value of the total combined contracts awarded to that LSDBE exceeds $10 million, then the LSDBE shall no longer be exempt from any provision of this Agreement, including the provisions identified above in this Section.

Section 5. Any Contractor who is exempt, by virtue of Article II, Section 3 and/or 4 from any provision of this Agreement shall not be entitled, by virtue of other provisions of this Agreement, to utilize the Agreement's provisions for Union referral of City residents, to participate in the apprenticeship programs sponsored by the Unions signatory to this Agreement, or to participate in any fringe benefit fund sponsored by the Unions signatory to this Agreement. The employees of such exempt Contractor shall have no right to Union representation for any purpose under this Agreement. Each such Contractor shall, nonetheless, be, required to:

(a) satisfy fully all City resident hiring and apprenticeship requirements set forth in this Agreement and required by law;

(b) demonstrate that, as of the deadline for submitting Intent to Bid Letters set forth in subsection Section 3(a), above, it maintains an apprenticeship program that has been approved and registered by the City consistent with applicable City and federal law;

(c) pay its employees, for the duration of the Project, wages that equal the combined value of the wages and fringe benefits that are set forth in the collective bargaining agreement identified in Appendix B hereto (and as it may hereafter be modified) that is applicable to the work to be performed by the Contractor, such agreement to be designated by the Council at least fifteen (15) days prior to the bid date for such work; and

d) pay its employees, for the duration of the Project, overtime and all other economic benefits that are set forth in the collective bargaining agreements identified in Appendix B hereto (and as it may hereafter be modified) that is applicable to the work to be performed by the Contractor. The Council shall identify to the Owner and the Construction Manager all such economic benefits at least fifteen (15) days prior to the bid date for such work.

Nothing herein shall be construed to permit a Contractor who is exempt from provisions of this Agreement by virtue of Article II, Section 3 and/or 4 not to comply with any provision of any collective bargaining agreement to which the Contractor is otherwise signatory.

Section 6. (a) The collective bargaining agreements that will apply to work covered by this Agreement will be identified by name and by specific reference to each signatory Union in Appendix B to this Agreement. The terms of each collective bargaining agreement identified in Appendix B, as currently in effect or as modified in the future by the parties to those agreements shall apply to work performed under this Agreement. No other local, area or national agreements other than those identified in Appendix B as to each signatory Union shall apply to work performed under this Agreement. Any dispute over which collective bargaining agreement identified in Appendix B shall apply shall be resolved in accordance with Article VIII.

(b) Where a term or condition covered by the provisions of this Agreement is also covered by or conflicts with the Union's agreement identified in Appendix B, then the provisions of this Agreement shall supercede and override the terms and conditions of the Union's agreement identified in Appendix B. Where a term or condition is covered by the provisions of the Union's agreement identified in Appendix B and is not covered by this Agreement, and then the provisions of the Union's agreement identified in Appendix B shall apply. Notwithstanding the. foregoing, and with the exception of Article VI (Work Stoppages and Lockouts) and VIII (Jurisdictional Disputes) of this Agreement, the provisions of the National Agreement of the International Union of Elevator Constructors shall apply without exception, to work covered by the National Agreement of the International Union of Elevator Constructors under the scope of this Agreement.

Section 7. This Agreement, including any Appendices hereto, represents the complete understanding of the Parties, and by virtue of having become bound to this Agreement, no Contractor will be obligated to sign any other local, area, or national agreement as a condition of performing work within the scope of this Agreement.

Section 8. Nothing contained herein shall be construed to prohibit, restrict or interfere with the performance of any other non-construction operation, work, or function which may occur at the Project site or be associated with the development of the Project such as, but not limited to, engineering, estimating, clerical, survey and layout, accounting, timekeeping and related services. Furthermore, the provisions of this Agreement shall not apply to the Owner and nothing contained herein shall be construed to prohibit or restrict the Owner or its employees from performing work not covered by this Agreement on the Project site.

Section 9. This Agreement shall only be binding on the signatory parties hereto and shall not apply to their parents, affiliates or subsidiaries.

Section 10. As areas and systems of the Project are inspected and construction tested by the Construction Manager or Contractors and accepted by the Owner, this Agreement will not have further force or effect on such items or areas, except when the Construction Manager or Contractors are directed by the Owner to engage in repairs, modifications, check-out, and warranty functions required by their respective contracts with the Owner during the term of this Agreement.

Section 11. It is understood that the Owner, at its sole option, may terminate, delay and/or suspend any or all portions of the Project at any time.

Section 12. It is understood that the liability of any Contractor and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employer status between or among the Owner, Contractors or any employer.

ARTICLE III 
TASK FORCE

Section 1. Various provisions of this Agreement have been agreed to in order to achieve the inclusion of historically disadvantaged businesses and individuals in the construction and employment opportunities created by this Project. In order to implement these important objectives, the City will forma Task Force to serve as the central forum to exchange information and ideas and to advise the City staff concerning the operation and results of these objectives and this Agreement.

Section 2. The Task Force will be comprised of 11 to 15, representatives of all interested segments of the community who will be appointed by the Mayor, including but not limited to, minority and female business organizations, community-based organizations, community members, the Unions signatory hereto, Contractors participating in this Agreement, and City government representative. The Mayor shall designate the Chair of the Task Force. The Task Force will meet monthly or at the call of the Chair to discuss work progress and projections and other issues of concern to the Task Force.

Section 3. The Task Force, working in conjunction with the Contractors, the Unions, community based organizations and the City, together and separately will establish and/or continue to maintain existing centers and/or programs to facilitate the entry into and retention of bona fide City residents interested in careers in the building and construction trades. The programs will serve as a resource for preliminary orientation; assessment of construction aptitude; referral to pre-apprenticeship and apprenticeship programs or to referral halls; needs assessment; counseling and mentoring; support network for women and disadvantaged groups; and employment opportunities and other needs as identified for prospective workers. Through these outreach programs, interested bona fide City residents will be provided with information about the respective Unions, their training and apprenticeship programs, and on-the-job employment positions for which they are qualified. The Unions will partner with the City in conducting these outreach activities and in promoting new initiatives to recruit bona fide City residents to apprenticeship programs or to on-the-job employment positions for which they are qualified. To that end, the Unions will assist bona fide City residents in contacting the Joint Apprenticeship Training Committee for the craft(s) or trade(s) in which they are interested. Additionally, to the extent permitted by law, the Unions will assist bona fide City residents who are seeking union jobs on the Project and union membership in assessing their work experience and giving them credit for bona fide, provable past experience in the relevant craft or trade, including experience gained working for non-union contractors. The Unions will put on their rolls and refer qualified bona fide City residents for work on this Project. The Unions will make progress reports on the number and disposition of applicants who have been referred through the Task Force's programs.

Section 4. The Owner-Sports Commission will fund at least $375,000 per year for two years to a separate, segregated fund established by the City to create, promote and/or maintain the outreach and related programs engaged in by the Task Force for job training and recruitment of bona fide City residents for work opportunities in the construction field and to monitor this Agreement for apprentice, employment and small and local business sections of this Agreement. The funds allocated and paid pursuant to this provision shall not be co-mingled with the City's general funds and shall not be used for purposes other than the Task Force programs described in this Section.

ARTICLE IV
UNION RECOGNITION AND EMPLOYMENT

Section 1. Except as set forth in Article II, the Contractors recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this Agreement.

Section 2. Authorized representatives of the Unions shall have access to the Project provided they do not interfere with the work of the employees and further provided that such representatives fully comply with the visitor and security rules established for the Project. Each Union that is a party to this Agreement shall have the right to designate a working journeyperson as a Steward. The Union shall notify the Contractor in writing of the identity of the designated Steward(s) prior to the assumption of such person's duties as Steward. There will be no non-working Stewards. Such designated Steward shall be a qualified worker performing the work of that craft and shall not exercise any supervisory functions. Each Steward shall be concerned with the employees of the Steward's employer and not with the employees of any other employer. The Steward shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 3. All Contractors shall be required to seek applicants for employment first through the referral procedures of the applicable Union. The Union's referral procedures shall be those set forth in or applicable to each individual Union's collective bargaining agreement (see Appendix B). The Union agrees that there shall be no discrimination against any employee or applicant for employment because of his membership or non-membership in the union or based upon race, creed, color, sex, age or national origin of such employee or applicant. No employee covered by this Agreement shall be required to join any Union as a condition of being referred to the Project. After referral, all provisions of Article XIII (Union Security) shall apply. The Unions will use the Task Force, community-based organizations and the D.C. Department of Employment Services ("DCDOES") to recruit for referral qualified bona fide City residents.

Section 4. The Parties agree that bona fide City residents shall perform fifty percent (50%) of all journeyperson and apprentice hours worked on a craft by craft basis, and that all new apprentices shall be bona fide City residents. If sufficient and qualified workers from the City are not available to achieve this goal through utilization of the DC priority referral list and DCDOES as described in Section 5, below, then residents of the counties within the Unions' respective geographical jurisdictions may be utilized. A Contractor failing to meet this goal or demonstrate "good faith" efforts to do so may be referred to the Task Force for assistance in meeting this goal or other appropriate action. If a majority of the Task Force can make no resolution, the issue may then be referred to binding arbitration as provided for in Article VII below for an appropriate resolution that may include monetary sanctions. In no event shall sanctions exceed 5% of the direct labor costs of the Contractor's construction contract for the Project. The arbitrator may only impose monetary sanctions if it is shown that the Contractor failed to make good faith efforts to comply with the hiring requirements. For the purpose of resolution of any dispute arising under this Section, the City shall be considered a party-in-interest with full rights of participation in the arbitration proceeding.

Section 5. Notwithstanding any provision to the contrary in their respective referral procedures, the Unions agree to identify those participants in the Unions' respective referral systems who are bona fide City residents for the purpose of meeting the bona fide City resident hiring goals. A Contractor seeking to hire a bona fide City resident to meet its goal set forth in Section 4, above, will contact the applicable Union dispatch and request a bona fide City resident. The Union will dispatch a qualified bona fide City resident if one is available before qualified non-City residents are referred regardless of the City resident's place on the referral list. If the Union is unable to dispatch a qualified bona fide City resident within 24 hours after a Contractor's request, the Union shall contact DCDOES to obtain a qualified bona fide City resident to fill the dispatch. All qualified individuals identified by DCDOES shall be directed to the Union for dispatch to the Project. If no qualified individual can be identified by DCDOES within 48 hours after the Union's request to DCDOES, then the Contractor shall obtain applicants for referral by utilizing the Union's normal referral procedures.

Section 6. In the event the Union is unable to obtain a dispatch within seventy-two (72) hours (Saturday, Sunday and holidays excepted) after the Contractor's initial request for applicants, then the Contractor may employ applicants from any other available source, including community-based organizations in the City. The Contractor shall inform the Union of the name and social security number of any applicants hired from any other source and shall refer the applicant to the Union for dispatch to the Project:

Section 7. The Unions agree that, on a quarterly basis for the duration of the Project, each Union will provide to DCDOES and the Task Force a report on how many qualified bona fide City residents sought referral to the Project, how many such residents were referred, and not referred, and if applicable, the reason why any such resident declined referral to the Project. This report will also include the number of qualified bona fide City residents referred to each Union by DCDOES for work on the Project. The Unions will also provide to DCDOES or to the Task Force, on a quarterly basis, a copy of the Unions' D.C. priority referral list(s) described in Section 5, above. The Unions agree that they will meet with the Task Force on a quarterly basis, and more frequently if requested, to review the Union's efforts with respect to the goals set forth in this Agreement with respect to the recruitment, referral and hiring of City residents.

Section 8. The Parties recognize the Construction Manager's commitment to provide opportunities to participate on the Project to emerging business enterprises as well as other enterprises that may not have previously had a relationship with the Unions signatory to this Agreement. To ensure that such enterprises will have an opportunity to employ their "core" employees as journeymen on this Project, the Parties agree that in those situations where a Contractor not a party to a current collective bargaining agreement with the signatory Union having jurisdiction over the affected work is a successful bidder, the Contractor may request by name, and the Union will honor, subject to the rotation set forth below, referral of persons who have applied to the Union for referral to Project work and who demonstrate the following qualifications:

(a) possess any license required by state or federal law for the Project work to be performed;

(b) have worked a total 'of at least one thousand (1,000) hours in the construction craft during the prior three (3) years;

(c) were on the Contractor's active payroll for at least sixty (60) out of the one hundred twenty (120) calendar days prior to the contract award; and

(d) have the ability to perform safely the basic function of the applicable trade.

Proof of such qualifications must be presented to the Union from which the "core" employee seeks referral. The first applicant referred to such Contractor will be a journeyperson from the Union's out-of-work list for the affected trade or craft, recognizing that bona fide City residents will have priority referral within this group; and the second applicant referred will be one of such Contractor's "core" employees, recognizing that bona fide City residents will have priority referral within this group. This process shall be repeated, one and one, until such Contractor's crew requirements are met or until such Contractor has hired seven (7) "core" employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the applicable Union's out-of-work list in accordance with the requirements set forth in this Article. For the duration of such Contractor's work, this ratio shall be maintained. When such Contractor's workforce is reduced, "core" employees shall be reduced in a manner that will maintain no more than the same ratio of "core" employees to other referrals as was applied in the initial hiring.

Section 9. The selection of craft foreman and/or general foreman and the number of foremen required shall be entirely the responsibility of the Contractor. Craft foreman shall be designated working foremen at the request of the Contractor.

Section 10. The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades for veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

Section 11. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE V
MANAGEMENT'S RIGHTS

Section 1. The Contractors retain full and exclusive authority for the management of their operations. Except as otherwise limited by the terms of this Agreement, the Contractors shall have the right to determine the competency of all employees, the number of employees required subject to the lawful manning requirements of the applicable collective bargaining agreements in Appendix B, and shall have the sole responsibility for selecting employees to be laid off. Contractors shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off, and discipline or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees. The Contractors shall utilize the most efficient method or techniques of construction, tools, or other labor saving devices; and have the right to utilize any methods or techniques of construction. There shall be no limitations upon the choice of materials or design, nor shall there be any limit on production by workers or restrictions on the full use of tools or equipment. It is recognized that, in limited circumstances, installation of specialty items may require the oversight of a manufacturer's representative to protect the manufacturer's warranty. In such cases, the oversight work performed by the manufacturer's representative for warranty compliance shall not be covered by the terms of this Agreement. There shall be no restriction, other than may be required by safety regulations, on the number of employees assigned to any crew or to any service.

Section 2. If there is any disagreement between the Contractor and the Union concerning the manner or implementation of such device or method of work, the implementation shall proceed as directed by the Contractor, and the Union shall have the right to grieve and/or arbitrate the dispute as set forth in Article VII of this Agreement.

ARTICLE VI
WORK STOPPAGES AND LOCKOUTS

Section 1. During the term of this Agreement there shall be no strikes, sympathy strikes, picketing, work stoppages, slow downs or other disruptive activity for any reason (including disputes relating to the negotiation or renegotiation of the collective bargaining agreements attached as Appendix B hereto, or disputes directed at non-construction services companies at the Project site) by a signatory Union or by any employee, and there shall be no lockout by the Contractor. This provision will not affect the Contractor's right to suspend or terminate work on any portion of the Project for operational or special circumstances provided the Union is given thirty (30) days notice, and such suspension or termination of work shall not be considered a lockout within the meaning of this section.

Section 2. No signatory Union shall sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities that
violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the Project for a period of not less than ninety (90) days.

Section 3. No Union shall be liable for acts of employees for whom it has no responsibility. The principal officer(s) of a Union will immediately instruct, order and use the best efforts of his office to cause the employees the Union represents to cease any violations of this Article. A Union complying with this obligation shall not be liable for the unauthorized acts of any employee it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance.

Section 4. If there is a work stoppage or lockout dispute the parties agree to provide notice to an arbitrator from the panel, as described in Article VII below. Upon receipt of said notice, the arbitrator or his alternate shall sit and hold a hearing within twenty-four (24) hours if he believes that the work stoppage or lockout dispute still exists, but not sooner than twenty-four hours after notice of such dispute is given to the Union.

ARTICLE VII
DISPUTES AND GRIEVANCES

Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays or work stoppages.

Section 2. The Contractors, Unions, and the employees, collectively and individually, realize the importance to all Parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.

Section 3. Any question or dispute arising out of and during the term of this Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:

Step 1. (a) When any employee subject to the provisions of this Agreement believes he is aggrieved by a violation of this Agreement, he shall, through his Union business representative or job steward, within five (5) working days after the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. A representative of the Union or the job steward and the work-site representative of the involved Contractor and the Construction Manager shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall respond to the Union representative in writing (copying the Construction Manager) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.

(b) Should the Union(s) or the Construction Manager or any Contractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.

Step 2. The Union's principal officer (or his designee) and the involved Contractor (or his designee) or Construction Manager, (or his designee) shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.

Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator designated from a permanent panel of five (5) arbitrators for this Agreement. The five permanent panel arbitrators shall be selected by mutual agreement of the Owner and the Unions signatory to this Agreement. If the Owner and the Unions are unable to agree upon the five (5) panel members, they shall request the American Arbitration Association to provide them with sufficient separate panels of arbitrators so that five (5) permanent panel members may be selected. Selection of the panel members shall be made by alternately striking names from each panel provided. No more than one name from each panel shall be selected, absent mutual agreement of the Parties. Designation of the arbitrator from the panel to hear any grievance shall be by rotation among the panel members. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. All jointly incurred fees and expenses of such Arbitration shall be borne equally by the Contractor and the involved Union(s).

(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him, and he shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.

Section 4. The Construction Manager, the Owner, and the City shall be notified of all actions at Steps 2 and 3. and shall be permitted to participate in all proceedings at Steps 2 and 3.

Section 5. The City or the Task Force may file a grievance under this Article for violations of Article III, Sections 3 and 4; Article IV, Sections 4, 5, 7 and 8; and Article X, Sections 2, 3, 5, 6, 7 and 8. Unions shall be subject to make-whole relief if determined appropriate by an arbitrator. Unions that fail to fulfill their obligations in good faith under the above-enumerated provisions of this Agreement (as are applicable to them) may be referred to the Task Force. If the Task Force determines that the Union has failed to fulfill its obligations in good faith under the above-enumerated provisions of this Agreement, the Task Force may refer the matter to. arbitration under this Article. If the arbitrator determines that the Union has failed to fulfill its obligations in good faith under the above-enumerated provisions of this Agreement, the arbitrator may require the Union, per violation, to pay the cost of enrolling one bona fide District resident in a building trades pre-apprentice program. In determining the extent of this specified community outreach, the arbitrator shall consider the nature of the underlying grievance. Contractors shall be subject to fines, up to 5% of the direct labor cost of the Contractor's construction contract for the Project, for violation of the above-enumerated provisions of this Agreement.

ARTICLE VIII
JURISDICTIONAL DISPUTES

Section 1. The assignment of work will be solely the responsibility of the Contractor performing the work involved, and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.

Section 2. All jurisdictional disputes on this Project, between or among the Unions and Contractors signatory to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions party to this Agreement.

Section 3. All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow down of any nature, or other disruptive activity arising out of any jurisdictional dispute or interruption in protest, and the Contractor's assignment shall be adhered to until the dispute is resolved. Employees violating this section shall be subject to immediate discharge.

Section 4. Each Contractor will conduct a pre job conference with the Council (or MARCO if the work is carpentry-related) no less than twenty (20) days prior to commencing work unless the Council otherwise agrees in writing or unless emergency conditions exist that require fewer days' notice to the Council. The Construction Manager and the Owner will be advised in advance of all such conferences and may participate if they wish. Absent the express written consent of the Council, no work shall begin unless a timely pre-job conference has been conducted.

ARTICLE IX
SUBCONTRACTING

Except as otherwise provided in Article II, the Construction Manager agrees that neither it nor any Contractor will subcontract any work to be done on the Project except to a person, firm or corporation who is or agrees to become party to this Agreement. Any Contractor working on the Project shall, as a condition to working on said Project, become signatory to and perform all work under the terms of this Agreement.

ARTICLE X
APPRENTICES AND TRAINING

Section 1. The Parties recognize the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry in the City. The Parties further recognize that apprenticeship and training shall be offered consistent with the applicable signatory Union's collective bargaining agreement (see Appendix B) and consistent with the apprenticeship and training programs currently maintained by the Joint Apprenticeship and Training Committees sponsored by the Unions and their signatory contractors.

Section 2. The Parties agree that, subject to any restrictions contained in the law, Contractor(s) will employ apprentices in the respective crafts which are performing work on the project, and within the jurisdiction of the craft in which those apprentices are working. The Parties further agree to a goal that apprentices will perform up to twenty-five per cent (25%, equals one apprentice for every three journey persons) of the total craft work hours unless the applicable Union's collective bargaining agreement (see Appendix B) provides for a greater percentage. The Union agrees to cooperate with the Contractor in furnishing apprentices as requested and they shall be properly supervised and paid in accordance with provisions contained within the wages and benefits of this Agreement. Apprentices shall be employed to perform work in all craft areas in accordance with the D.C. Apprenticeship Council Rules and Regulations Apprenticeship Numerical Ratio of no more than one (1) apprentice to every three (3) journeypersons employed throughout the duration of the Project.

Section 3. Contractors will employ only bona fide City residents as new apprentices (100% of all new apprentices shall be bona fide City residents). For purposes of meeting this goal, a "new apprentice" is defined as a bona fide City resident who is indentured on or after the date the Contractor executes a Letter of Acceptance agreeing to be bound by this Agreement. A Contractor failing to meet this goal or demonstrate "good faith" efforts to do so may be referred to the Task Force for assistance in meeting this goal or other appropriate action. If a majority of the Task Force can make no resolution, the issue may then be referred to binding arbitration by the Task Force as provided for in Article VII, above, for an appropriate resolution that may include monetary sanctions. In no event shall sanctions exceed 5% of the direct labor costs of the Contractor's construction contract for the Project. The arbitrator may only impose monetary sanctions if it is shown that the Contractor failed to make good faith efforts to comply with the hiring requirement. For the purpose of resolution of any dispute arising under this Section, the City shall be considered a party-in-interest with full rights of participation in the arbitration proceeding.

Section 4. The Parties recognize that, under applicable law, 50% of all apprenticeship hours performed pursuant to apprenticeship programs related to the construction of the Project shall be performed by bona fide City residents. Any Contractor that fails to employ bona fide City residents to perform 50% of the Contractor's apprenticeship hours will be subject to monetary sanctions of 5% of direct and indirect cost of the contract, imposed on the Contractor by the City's Contracting Officer for failure to make a good faith effort to comply with this requirement. Such fines shall be remitted to DCDOES to be applied to job training programs, subject to appropriations by Congress. The Contractor shall reach this goal through the utilization of the referral procedures set forth in this Agreement (where applicable), and through normal apprentice procedures. Individuals who are identified by the Parties, DCDOES and community-based organizations as potentially qualified apprentices, will be referred to the apprenticeship programs for review through the program's normal apprentice procedures.

Section 5. All Contractors and Unions shall provide a report to D.C. Office of Apprenticeship on the number of bona fide City residents who applied for apprenticeship, the number of bona fide City residents selected, and the reason(s) why those residents were not selected. The Parties agree to provide such information to the City and the Task Force as is available to them.

Section 6. All Contractors and Unions shall in coordination with DCDOES plan and conduct three (3) apprenticeship career fairs for each year of construction of the Project in a concerted effort to recruit eligible City residents for apprenticeship opportunities. These career fairs shall begin prior to beginning of work on the Project.

Section 7. Contractors and Unions shall encourage the acceptance all bona fide City residents enrolled in the applicable Union-sponsored preparatory apprenticeship training initiative, who successfully complete the training and qualify for formal registered apprenticeship programs. The Union's Business Manager shall recommend such acceptance in writing directed to the Trustees of the Joint Apprenticeship Training Fund or Committee, as applicable.

Section 8. Only those bona fide City residents who are registered in bona fide apprenticeship programs shall be counted for purposes of determining whether the apprenticeship requirements set forth in this Article have been met.

ARTICLE. XI
WAGES AND BENEFITS

Section 1. Contractors shall pay the required wages and benefits set forth in each Union's collective bargaining agreement (see Appendix B), and any increases that may be negotiated with respect to those agreements in the future. All Contractors agree to be bound by all terms and conditions of the applicable fringe benefit trust agreements and the fringe benefit contribution procedures applicable to all contributing employers.

Section 2. If a Contractor becomes delinquent in the payment of wages, fringe benefit contributions, or Task Force contributions on the Project, the affected Union (or the Task Force, as the case may be) shall promptly give written notice thereof to such Contractor, and to the Construction Manager specifying the nature and amount of such delinquency as nearly as can be ascertained. The Construction Manager will, upon receipt of the notice specified herein, withhold payment from any Contractor that has failed to make full payments for wages and fringe benefit contributions required by this Agreement. The amount withheld shall be no less than the amount of the delinquency set forth in the notice.

ARTICLE XII 
WORK RULES

The Contractors agree to be bound by each individual Union's collective bargaining agreement for the work rules.

ARTICLE XIII
UNION SECURITY AND VOLUNTARY CHECK-OFF AUTHORIZATION

Section 1. All employees covered by this Agreement in the employ of the Contractors shall remain members in good standing of the Union during the term of this Agreement, and all employees hereinafter employed by the Contractors shall become members of the Union seven (7) days after the date of their employment and shall remain members of the Union during the term of their employment on this Agreement, to the extent allowed or permitted by law.

Section 2. In interpreting good standing, a Contractor shall not discharge an employee for nonmembership in the Union (a) if it has reasonable grounds for believing that such membership was not available to the employee on the same terms or conditions generally applicable to other members; or (b) that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership.

Section 3. Upon receipt of a voluntary written authorization from the employee, the Contractor agrees to deduct and forward to the Union any dues checkoff or working assessment required to be paid in accordance with the provisions relating to dues checkoff and working assessments in the Union's collective bargaining agreement.

ARTICLE XIV
HOURS OF WORK, OVERTIME, REPORTING PAY AND HOLIDAYS

Section l. (a) The normal workday shall be eight (8) hours and the normal workweek shall be forty (40) hours, Monday through Friday. Regular work hours will be between 5:30 a.m. and 5:30 p.m. plus one-half (%z) hour unpaid for lunch approximately mid-way through the shift, which may be changed by mutual agreement of the Union and the Contractor. The Construction Manager may arrange for multiple shifts outside of normal work hours: Saturday may be a make-up day on a voluntary basis for weather-related lost time only, with no less than eight (8) hours' work opportunity if called in. Makeup days shall be paid as straight time unless otherwise required by law.

(b) If the Owner and the Project Contractor determine that it would be beneficial to the Project, the Contractor may implement a four (4) ten-hour day workweek or a five (5) ten-hour workweek (exclusive of one-half hour unpaid lunch approximately mid-way through the shift) after providing three (3) days notice to the Union. Once established, a four-ten or five-ten workweek shall remain in effect for at least four (4 or 5) consecutive working days. Regular working hours during the four/ten workweek will be between 5:30 a.m. and 5:00 p.m., Monday through Friday. Saturday may be a make-up day on a voluntary basis for weather-related lost time only, with no less than ten (10) hours work opportunity if called in.

(c) A uniform starting time will be established for each craft or segment of the work. The Union(s) shall be informed of the work starting time set by the Contractor at the pre job conference.

Section 2. (a) The need to work overtime will be determined by the Contractor. The Contractor will determine the distribution of approved overtime work. Overtime shall be paid consistent with the applicable Union's collective bargaining agreement (see Appendix B).

Section 3. When an employee reports for work at the time and place specified by the Contractor and he is not put to work or he works less than two (2) hours, he shall be paid for two (2) hours at the applicable straight time rate of pay. For all other minimum pay requirements, refer to Union's applicable collective bargaining agreement (see Appendix B).

Section 4. The recognized holidays shall be the day celebrated as such by the Federal Government for New Year's Day, Martin Luther King's Birthday, Inauguration Day, Memorial Day, Fourth of July, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. Payment for holidays shall be determined by reference to the applicable Union's collective bargaining agreement (see Appendix B).

Section 5. There shall be a paid ten (10) minute break two (2) hours after the start of shift. There shall be a thirty (30) minute unpaid lunch period to be mutually agreed upon, provided, however, that employees shall be back at their work location and ready to resume work promptly at the end of such break periods. Payment for and all practices regarding clean-up time shall be determined by reference to the applicable Union's collective bargaining agreement.

Section 6. The Unions will use their best efforts to provide sufficient manpower to work on multiple shifts if the Contractor or the Owner determines that multiple shifts are necessary. Employees on a second shift shall receive eight (8) hours pay for a seven and one-half (7 %:) hour shift and shall also receive 10% premium pay for each hour worked. Employees on a third shift shall receive eight (8) hours pay for a seven (7) hour shift and shall also receive 10% premium pay for each hour worked. The Contractor shall notify the Union with two (2) days notice of the starting and quitting time of all second or third shifts in advance of initiation of said shifts.

ARTICLE XV
SAFETY AND HEALTH

Section 1. The employees covered by the terms of this Agreement shall at all times while in the employ of the Contractor be bound by the safety rules and regulations as established by the Contractor in accordance with the Construction Safety Act and OSHA. These rules and regulations will be published and posted at conspicuous places throughout the Project.

Section 2. In accordance with the requirements of OSHA, it shall be the exclusive responsibility of each Contractor on a jobsite to which this Agreement applies, to assure safe working conditions for its employees and compliance by them with any safety rules contained herein or established by the Contractor. Nothing in this Agreement will make any signatory Union liable to any employees or to other persons in the event that injury or accident occurs. Each Contractor will be responsible for supplying all safety equipment to its employees.

ARTICLE XVI
SUMMER YOUTH PROGRAM

The Council agrees that it will sponsor and finance a six (6) week summer youth program during the summers of 2006 and 2007 for fifteen (15) bona fide City residents who are between the ages of 16 and 18 and who have demonstrated an interest in a career in the building trades. Over the course of each summer, the program will include classroom presentations relating to the building trades, visits to the training facility of each Council affiliate, and participation in other activities related to career opportunities in the Washington area building trades. Each youth participant will receive the D.C. minimum wage for all hours of attendance in the program (not to exceed 8 per day, 40 hours per week).

ARTICLE XVII
NON-DISCRIMINATION

Section 1.   The Contractor and Union agree that they will not discriminate against any employee or applicant for employment because of any reason prohibited by applicable federal, state or City law.

Section 2.   Any reference in this Agreement to the male gender shall be deemed to include the female gender.

ARTICLE XVIII
GENERAL SAVINGS CLAUSE

If any Article or provision of this Agreement shall be declared invalid, inoperative, or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the federal or any state government, the Contractor and the Union shall suspend the operation of such Article or provision during the period of its invalidity and shall substitute by mutual consent in its place and stead, an Article or provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the Article or provision in question. Any final determination that any provision of this Agreement violates any law or is otherwise not binding and enforceable shall have no effect on the validity of the remaining provisions of this Agreement.

ARTICLE XIX
TERM OF AGREEMENT

This Agreement will remain in effect until final acceptance of the completed Project by the Owner, at which time the Agreement will terminate.

IN WITNESS WHEREOF, the Parties have executed this Agreement this ____ day of ____, 200_.

CONSTRUCTION MANAGER:

UNIONS:

Washington, DC Building and Construction Trades Council:
Local #24, Asbestos Workers:
Local #1, Bricklayers and Allied Craft Workers
Local #26, Electrical Workers:
Local #5, Iron Workers:
Local #657, Laborers:
Local #77, Operating Engineers:
Local #891, Operative Plasterers & Cement Masons:
Painters District Council #51:
Local #5, Plumbers:
Local #201, Reinforced Rodmen:
Local #30, Roofers & Waterproofers:
Local #100, Sheet Metal Workers:
Local #669, Sprinkler Fitters:
Local #602, Steamfitters:
Local #639, Teamsters:
Mid Atlantic Regional Council of Carpenter
Pile Drivers
Concrete Carpenters
Interior Systems Carpenters
Millwork Carpenters
General Carpenters
Carpet Layers
Floor Layers
Furniture Installers
Mill Wrights

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