HomeMy WebLinkAboutReso 09-2019 (18-1142)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 09-2019
File Number: 18-1142 Enactment Number: RES 09-2019
RESOLUTION APPROVING A PROJECT LABOR AGREEMENT FOR
THE COMMUNITY CIVIC CAMPUS PROJECT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND THE UNION, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE PROJECT LABOR AGREEMENT.
WHEREAS, in November 2017, the City Council provided City staff with direction to prepare a Project
Labor Agreement (Project Stability Agreement) for the Community Civic Campus Project; and
WHEREAS, this recommendation was also supported by the Measure W Subcommitee on September
20, 2017; and
WHEREAS, the Project Labor Agreement is a pre -hire collective bargaining agreement that establishes
terms and conditions of construction employment for the Community Civic Campus project; and
WHEREAS, the Project Labor Agreement is designed to create an enforceable commitment between the
construction parties to use a "skilled and trained workforce" to perform all work on the project; and
WHEREAS, the Project Labor Agreement commits to union wages; ensures a steady supply of skilled
labor on the project; agreement not to strike; and expeditious resolution of worker grievances; and
WHEREAS, the Project Labor Agreement complies with California Public Contract Code section 2500
in that it contains the required taxpayer protection provisions, including a nondiscrimination clause, it
permits all qualified contractors and subcontractors to bid for and be awarded work on the project
without regard to whether they are otherwise parties to collective bargaining agreements, it contains an
agreed-upon protocol concerning drug testing, it contains guarantees against work stoppages, strikes,
lockouts, and similar disruptions of the project, and provides that disputes arising from the agreement
shall be resolved by a neutral arbitrator.
NOW, THEREFORE, BE IT RESOLVED by the City council of the City of South San Francisco that the
City council hereby makes the findings contained in this resolution and approves the Project Labor
Agreement for the Community Civic Campus project, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or his
designee, to execute the Project Labor Agreement, and to execute any other necessary documents and
City of South San Francisco Page 1
File Number: 18-1142 Enactment Number: RES 09-2019
take any other actions necessary to carry out the intent of this resolution on behalf of the City council,
subject to approval as to form by the City Attorney.
At a meeting of the City Council on 1/9/2019, a motion was made by Richard Garbarino, seconded by Mark
Addiego, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by 7aw zkwx-ziz�
Yosa Govea Acosta
City of South San Francisco Page 2
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PROJECT LABOR AGREEMENT
FOR COMMUNITY CIVIC CAMPUS PROJECT
INTRODUCTION/FINDINGS
This Agreement is entered into this ____ day of ________________, 2019, by and
between the CITY OF SOUTH SAN FRANCISCO (hereinafter the “CITY”), together with
contractors and subcontractors of all tiers, who shall become signatory to this Agreement by
signing the “Agreement To Be Bound” (Exhibit A) (referred to collectively herein as
“Contractor(s)/Employer(s)”), and the San Mateo County Building and Construction Trades
Council (hereinafter the “Council”) and its affiliated local Unions that have executed this
Agreement (referred to collectively herein as “Union” or “Unions”).
The purpose of this Agreement is to promote the efficiency of construction operations for
the CITY through the use of skilled labor resulting in quality construction outcomes, and to
provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts,
thereby promoting the public interest in assuring the timely and economical completion of the
Project.
WHEREAS, the timely and successful completion of the Project is of the utmost
importance to the CITY, to meet the needs of the CITY and to avoid increased costs resulting
from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the
performance of the construction work, including those to be represented by the Unions signatory
to this Agreement and employed by contractors and subcontractors who are signatory to this
Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of
construction projects as well as the quality of completed work; and
WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors
and bargaining units on the job site at the same time over an extended period of time, the
potential for work disruption is substantial without an overriding commitment to maintain
continuity of work; and
WHEREAS, the interests of the CITY, its residents, the Unions and the
Contractors/Employers would be best served if the construction work proceeded in an orderly
manner without disruption because of strikes, sympathy strikes, work stoppages, picketing,
lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and
stabilize wages, hours and working conditions for the workers employed on the Project and to
encourage close cooperation among the Contractors/Employers and the Unions so that a
satisfactory, continuous and harmonious relationship will exist among the parties to this
Agreement; and
WHEREAS, the parties agree that one of the primary purposes of this Agreement is to
avoid the tensions that might arise on the Project if Union and nonunion workers of different
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employers were to work side by side on the Project, potentially leading to labor disputes that
could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish
or modify existing local or national collective bargaining agreements in effect during the
duration of the Project, insofar as a legally binding agreement exists between the
Contractors/Employers and the affected Unions, except to the extent that the provisions of this
Agreement are inconsistent with said collective bargaining agreements, in which event, the
provisions of this Agreement shall prevail; and
WHEREAS, the contract(s) for construction work on the Project will be awarded in
accordance with the applicable provisions of the California State Public Contract Code and all
state, local and federal laws; and
WHEREAS, the CITY intends to use the design-bid-build procurement method and, as
such, will have a legal obligation to select the lowest responsive and responsible bidder for the
award of construction contract(s) on the Project; and
WHEREAS, the City places high priority upon the development of comprehensive
programs for the recruitment, training and employment of local area residents, and recognizes
the ability of local apprenticeship programs to provide meaningful and sustainable careers in the
building and construction industry; and
WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust
to work toward the mutually satisfactory completion of the Project.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, IT IS
AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:
ARTICLE I
DEFINITIONS
“Agreement” means this Project Labor Agreement.
"Agreement to be Bound" means the agreement (attached hereto and incorporated
herein as Exhibit A) which each and every Contractor(s)/Employer(s) shall execute as a
condition of performing Project work.
“City” means the CITY OF SOUTH SAN FRANCISCO, its council, officers,
agents and public employees, including managerial personnel.
“Completion” means that point at which there is Final Acceptance by the CITY
of a Construction Contract. For the purposes of this definition, “Final Acceptance” means that
point in time at which the architect or engineer of record for the CITY has determined upon final
inspection that the work has been completed in all respects and all required contract documents,
contract drawings, warranties, certificates, manuals and data have been submitted and training
completed in accordance with the contract documents and the CITY has executed a written
acceptance of the work, as approved by City Council and evidenced by CITY’s filing of a Notice
of Completion.
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“Construction Contract” means the public works or improvement contract(s)
(including design-bid-build or other contracts under which construction of the Project is done)
awarded by the CITY that are necessary to complete the Project.
“Contractor(s)/Employer(s)” or “Contractor(s)” or “Employer(s)” means any
individual, firm, partnership or corporation (including the prime contractor, general contractor,
construction manager, subcontractor, or equivalent entity, or combination thereof), including but
not limited to joint ventures, and their successors and assigns, that is an independent business
enterprise that enters into a contract with the CITY with respect to the construction of any part of
the Project, under contract terms and conditions approved by the CITY and which incorporate
this Agreement, and all contractors and subcontractors of any tier of a Construction Contract.
“Council” means the San Mateo County Building & Construction Trades Council.
“Master Agreement” or “Schedule A” means the Master Collective Bargaining
Agreement of each craft Union signatory hereto.
"Project" collectively refers to and includes the construction of a new Community
Civic Campus. Work identified by the CITY as part of the Project and subject to this Agreement
includes construction of a new Library/Recreation Building and a new Police Station. Those two
sub-components of the Project are as follows:
1.9.1 Library/Recreation Building:
A new Library and Parks & Recreation building along El Camino Real
with a building size of approximately 75,000 square feet.
A new Community Theater/Council Chambers building with a building
size of approximately 5,000 square feet.
Site improvements for public use including informal seating areas,
connection to Centennial trail, and site landscaping.
Approximately 220 structured/surface parking spaces.
1.9.2 Police Station:
A new 43,300 square feet Police Department and public safety services,
including 81 surface parking spaces, as well as site improvements at the
northeast corner of Antoinette and Chestnut.
The City and the Council may mutually agree in writing to add additional components to the
Project’s scope of work to be covered by this Agreement.
“Project Manager” means the person(s) or entity(ies) designated by the CITY to
oversee all phases of construction on the Project and the implementation of this Agreement, and
who works under the guidance of the CITY’s authorized representative.
“Union” or “Unions” means the San Mateo County Building and Construction
Trades Council, AFL-CIO, and its affiliated local Unions signatory to this Agreement, acting on
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their own behalf and on behalf of their respective affiliates and member organizations whose
names are subscribed hereto and who have through their officers executed this Agreement.
ARTICLE II
SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers
performing Construction Contracts on the Project (including subcontractors at any tier), the
CITY, the Council and its affiliated Unions signatory to this Agreement.
2.2 Applicability: This Agreement governs all Construction Contracts awarded on
the Project. For purposes of this Agreement, Construction Contracts shall be considered
completed as set forth in Section 1.4, except when the City directs a Contractor to engage in
repairs, warranty work, modifications or punch list work as required under a Construction
Contract with the City or when a Contractor performs work under change orders for a
Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, all on-site site
preparation, surveying, construction, alteration, demolition, installation, improvement,
remediation, retrofit, painting or repair of buildings, structures and other works, and related
activities for the Project that is within the craft jurisdiction of one of the Unions and which is
directly or indirectly part of the Project, including, without limitation to the following examples,
geotechnical and exploratory drilling, temporary HVAC, landscaping and temporary fencing,
pipelines (including those in linear corridors built to serve the Project), pumps, pump stations,
start-up, and modular furniture installation. On-site work includes work done for the Project in
temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site
batch plant constructed solely to supply materials to the Project. This scope of work includes all
soils and materials testing and inspection where such testing and inspection is a classification in
which a prevailing wage determination has been published.
2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance
testing, repair, maintenance, and operational revisions to systems and/or subsystems performed
pursuant Construction Contracts awarded on the Project, including work performed after
Completion provided that it is performed pursuant to a Construction Contract awarded for the
Project, unless it is performed by CITY employees.
2.3.2 This Agreement covers all on-site fabrication work over which the CITY,
Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done
for the Project in any temporary yard or area established for the Project). Additionally, this
Agreement covers any off-site work, including fabrication necessary for the Project defined
herein, that is covered by a current Schedule A Agreement or local addenda to a National
Agreement of the applicable Union(s) that is in effect as of the execution date of this Agreement.
2.3.3 The furnishing of supplies, equipment or materials which are stockpiled for later
use shall not be covered by this Agreement. However, construction trucking work, such as the
delivery of ready-mix, asphalt, aggregate, sand, or other fill or similar material which is
incorporated into the construction process as well as the off-hauling of debris and excess fill,
material and/or mud, shall be covered by the terms and conditions of this Agreement.
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Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work
shall provide certified payroll records to the CITY within ten (10) days of written request or as
required by bid specifications.
2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be
performed under the terms of their National Agreements as follows: National Agreement of
Elevator Constructors, National Transient Lodge (NTL) Articles of Agreement, the National
Stack/Chimney Agreement, the National Cooling Tower Agreement, and all instrument
calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint
National Agreement for Instrument and Control Systems Technicians, with the exception that
Articles IV, XIII and XIV of this Agreement shall apply to such work.
2.4 Exclusions: The following shall be excluded from the scope of Covered Work:
2.4.1 This Agreement is not intended to, and shall not, affect or govern the award of
public works contracts by the CITY which are not included in the Project.
2.4.2 This Agreement shall not apply to a Contractor/Employer’s non-construction craft
employees, including but not limited to executives, managerial employees, engineering
employees, other professional engineers, supervisors above the level of General Foreman (except
those covered by existing Master Agreements), and administrative and management personnel.
2.4.3 This Agreement shall not apply to any non-Project work performed on or near or
leading to the site of work covered by this Agreement that is undertaken by state, county, city, or
other governmental bodies or their contractors, or by public or private utilities or their
contractors.
2.4.4 This Agreement shall not apply to off-site maintenance of leased equipment and
on-site supervision of such work.
2.4.5 This Agreement shall not apply to those items specifically identified in Exhibit B,
Exclusions, attached hereto and incorporated into this Agreement.
2.4.6 The CITY shall not be required to comply with this Agreement for any work
performed with its own forces as permitted by the Public Contract Code.
2.4.7 In limited circumstances requiring special knowledge of the particular item(s), the
installation of specialty process equipment or systems may be performed by employees of a
manufacturer, or by designated representatives of the manufacturer, if necessary to maintain the
manufacturer’s warranty or guarantee; provided, however, that the manufacturer (or the
Contractor using the manufacturer or the manufacturer’s designated representatives) can
demonstrate by an enumeration of specific tasks that the work cannot be performed by craft
workers covered by this Agreement. In the event such work is intended to be assigned to the
manufacturer or the manufacturer’s designated representatives, such work shall be discussed and
agreed to between the Parties either before or at the Pre-Job Conference as provided in Article V
of this Agreement, to the maximum extent possible.
2.5 Award of Contracts: It is understood and agreed that the CITY has the right to
utilize its chosen procurement method and to select the lowest responsive, qualified bidder for
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the award of Construction Contracts under this Agreement, which need only be willing, ready
and able to execute and comply with this Agreement. It is further agreed that this Agreement
shall be included in all invitations to bid or solicitations for proposals from contractors or
subcontractors for work on the Project that are issued on and after the effective date of this
Agreement. A copy of all invitations to bid shall be provided at time of issuance to the Council.
ARTICLE III
EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Unions and the CITY agree to be bound by
each and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project,
whether as a Contractor or subcontractor thereunder, the Contractor/Employer agrees to be
bound by each and every provision of the Agreement and agrees that it will evidence its
acceptance prior to the commencement of work by executing the Agreement to be Bound in the
same form attached hereto as Exhibit A.
3.3 At the time that any Contractor/Employer enters into a subcontract with any
subcontractor providing for the performance of work under a Construction Contract, the
Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall
require the subcontractor, as a condition of accepting the award of a construction subcontract, to
agree in writing by executing the Agreement to be Bound, in the form attached hereto as
Exhibit A, to be bound by each and every provision of this Agreement prior to the
commencement of work. The obligations of a contractor may not be evaded by subcontracting.
3.4 This Agreement shall only be binding on the signatory parties hereto and their
successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other
ventures of any such party. Each Contractor/Employer shall alone be liable and responsible for
its own individual acts and conduct and for any breach or alleged breach of this Agreement. Any
dispute between the Union(s) and the Contractor(s)/Employer(s) respecting compliance with the
terms of the Agreement shall not affect the rights, liabilities, obligations and duties between the
signatory Union(s) and other Contractor(s)/Employer(s) party to this Agreement.
3.5 It is mutually agreed by the parties that any liability by a signatory Union to this
Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory
Union shall not affect the rights, liabilities, obligations and duties between the signatory
Contractor(s)/Employer(s) and the other Union(s) party to this Agreement.
3.6 The provisions of this Agreement, including the Schedule As incorporated herein
by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions
of any other local, area and/or national agreements which may conflict with or differ from the
terms of this Agreement. To the extent a provision of this Agreement is inconsistent with the
Schedule A, the provisions of this Agreement shall prevail. Where a provision of a Schedule A is
not inconsistent with this Agreement, the provisions of the Schedule A shall apply.
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ARTICLE IV
WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1. The Unions, CITY and Contractor(s)/Employer(s) covered by this Agreement
agree that for the duration of the Project:
4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing,
handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any
kind, for any reason, by the Unions or employees employed on the Project, at the job site of the
Project or at any other facility of CITY because of a dispute on the Project. Disputes arising
between the Unions and Contractor(s)/ Employer(s) on other CITY projects are not governed by
the terms of the Agreement or this Article.
4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers
employed on the Project.
4.1.3 If a Master Agreement expires before the Contractor/Employer completes the
performance of work under the Construction Contract and the Union or Contractor/Employer
gives notice of demands for a new or modified Master Agreement, the Union agrees that it will
not strike on work covered by this Agreement and the Union and the Contractor/Employer agree
that the expired Master Agreement will continue in full force and effect for work covered under
this Agreement until a new or modified Master Agreement is reached. If the new or modified
Master Agreement provides that any terms of the Master Agreement shall be retroactive, the
Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master
Agreement which are applicable to any employee(s) on the Project during the interim, with
retroactive payment due within seven (7) days of the effective date of the modified Master
Agreement.
4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the
Union shall give the CITY and the Contractor/Employer three (3) business days’ written notice
when nonpayment of trust fund contributions has occurred and one (1) business days’ written
notice when nonpayment of wages has occurred or when paychecks being tendered to a financial
institution normally recognized to honor such paychecks will not honor such paycheck as a result
of insufficient funds, of the intent to withhold labor from the Contractor/Employer’s or their
subcontractor’s workforce, during which time the Contractor/Employer may correct the default.
In this instance, a Union’s withholding of labor (but not picketing) from a Contractor/Employer
who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not
be considered a violation of this Article.
4.1.4.1 The City, General Contractor or higher-tier Contractor may elect to issue
joint checks, or the Unions may request the issuance of joint checks, to satisfy delinquencies in
nonpayment of wages or trust fund contributions on the Project. In the event that the City,
General Contractor or higher-tier Contractor elects to issue joint checks for nonpayment of
wages, the joint checks must be payable to the delinquent Contractor/Employer and the
employee(s). In the event that the City, General Contractor or higher-tier Contractor elects to
issue joint checks for nonpayment of benefits, the joint checks must be payable to the delinquent
Contractor/Employer and the appropriate employee benefit trust fund(s). Upon receipt of a joint
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check pursuant to this Section 4.1.4.1, the delinquent Contractor/Employer must immediately
endorse and transmit the joint check to the payee employee(s) and/or trust fund(s).
4.1.4.2 In the event the CITY has notified the Council in writing that it has
elected to issue joint checks, the notice period for withholding of labor for nonpayment of wages
shall be extended by one (1) day, such that the Union will give four (4) business days’ notice
when nonpayment of trust fund contributions has occurred and two (2) business days’ notice
when nonpayment of wages has occurred or when paychecks being tendered to a financial
institution normally recognized to honor such paychecks will not honor such paycheck as a result
of insufficient funds, of the intent to withhold labor from the Contractor/Employer’s or their
subcontractor’s workforce. If the default has not been corrected within the applicable extended
time frame, the Union shall have the right to withhold labor (but not picket) from a
Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its
weekly payroll until such time as the delinquencies have been satisfied, and such withholding of
labor shall not be considered a violation of this Article.
4.1.5 If the CITY contends that any Union has violated this Article, it will so notify, in
writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth
the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set
forth below. The Council will immediately use its best efforts to cause the cessation of any
violation of this Article. The leadership of the Union will immediately inform the workers of
their obligations under this Article. A Union complying with this obligation shall not be held
responsible for unauthorized acts of employees it represents.
4.2 Expedited Arbitration: Any party to this Agreement shall institute the following
procedure, prior to initiating any other action at law or equity, when a breach of this Article is
alleged to have occurred.
4.2.1 A party invoking this procedure shall notify Barry Winograd, as the permanent
arbitrator. In the event the permanent arbitrator is unavailable at any time, then the parties shall
select the arbitrator following the process set forth in Section 13.4. Notice to the selected
arbitrator shall be by the most expeditious means available, with notices by facsimile, email or
telephone to the CITY and the party alleged to be in violation, and to the Council and involved
local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the CITY will contact the permanent arbitrator named
above, or his alternate, who will attempt to convene a hearing within twenty-four (24) hours, or
as soon as possible thereafter, if it is contended that the violation still exists.
4.2.3 The arbitrator shall notify the parties by facsimile, email or telephone of the place
and time for the hearing. Said hearing shall be completed in one session, which, with appropriate
recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise
agreed upon by all parties. A failure of any party to attend said hearings shall not delay the
hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of
the Agreement has occurred. The arbitrator shall have no authority to consider any matter of
justification, explanation or mitigation of such violation or to award damages, which issue(s) is
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reserved for court proceedings, if any. The arbitrator’s decision shall be issued in writing within
three (3) hours after the close of the hearing, and may be issued without a written opinion. If any
party requests a written opinion explaining the arbitrator’s decision, one shall be issued within
fifteen (15) days of the request, but the parties shall not delay compliance with or enforcement of
the award due to the issuance of a written opinion. The arbitrator may order cessation of the
violation of this Article and liquidated damages as set forth in Section 4.3.
4.2.5 Such order may be enforced by any court of competent jurisdiction upon the filing
of this Agreement and all other relevant documents referred to above in the following manner.
The party filing such enforcement proceedings shall give written notice to the other party. In the
proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under this
Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte.
Such agreement does not waive any party’s right to participate in a hearing for a final order of
enforcement. The Court’s order or orders enforcing the arbitrator's award shall be served on all
parties by hand or delivered by certified mail.
4.2.6 Any rights created by statute or law governing arbitration proceedings
inconsistent with the above procedure, or which interfere with compliance, are waived by the
parties.
4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party
instituting the arbitration proceedings provided in this Article and the party alleged to be in
breach of its obligation under this Article.
4.2.8 Should either the permanent or the alternate arbitrator identified above no longer
work as a labor arbitrator, the CITY and the Council shall mutually agree to a replacement.
4.3 Liquidated Damages: If the arbitrator determines that a violation of Section 4.1
has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision,
take all steps necessary to immediately cease the violation. If the breaching party does not cease
the violation by the beginning of the next regularly scheduled shift following the expiration of
the eight (8) hour period after the arbitrator’s issuance of the decision, then the breaching party
shall pay the sum of ten thousand dollars ($10,000) as liquidated damages to the affected party
per shift until the breach is remedied. The arbitrator shall retain jurisdiction for the sole purpose
of determining compliance with this obligation and determining the amount of liquidated
damages, if any; but such retention shall not prevent the moving party from seeking judicial
enforcement of the initial decision.
ARTICLE V
PRE-JOB CONFERENCE
5.1 Timing: The Project Manager shall convene and conduct a pre-job conference at
a time and location mutually agreeable to the Council, with the Unions and with representatives
of all involved Contractors/Employers, who shall be prepared to announce craft assignments and
to discuss in detail the scope of work and the other issues set forth below, at a minimum of
fourteen (14) working days prior to:
(a) The commencement of any Project work, and
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(b) The commencement of Project work on each subsequently awarded
Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating
Contractor/Employer and each affected Union. The Council and the City may attend at their
discretion. All efforts will be made to hold the pre-job conference in sufficient time to ensure all
parties the ability to properly raise and resolve any issues that may arise out of such conference,
which shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work;
(d) Transportation arrangements;
(e) The estimated start and completion dates of the work; and
(f) Discussion of pre-fabricated materials.
5.3 Review Meetings: In order to ensure the terms of this Agreement are being
fulfilled and all concerns pertaining to the CITY, the Unions and the Contractors are addressed,
the Project Manager, General Contractor and Senior Executive of the Council, or designated
representatives thereof, shall meet on a generally quarterly basis, as needed, following the start
of construction for the term of construction. The purpose of such review meetings will be to
ensure that the terms of this Agreement are being fulfilled, that potential disputes are resolved,
and that ongoing construction activities are not interrupted or slowed. The CITY and the Council
shall have the right to call such review meetings. Any meetings convened shall be at no
additional cost to the CITY.
ARTICLE VI
NO DISCRIMINATION
6.1 This Agreement prohibits all discrimination, including but not limited to those
identified in California Public Contract Code section 2500, subsection (a). To comply with the
anti-discrimination provision in this Section 6.1, the Contractors/Employers and Unions agree to
comply with all anti-discrimination provisions of federal, state and local law, to protect
employees and applicants for employment from discrimination on the Project.
ARTICLE VII
UNION SECURITY
7.1 The Contractors/Employers recognize the Unions as the sole bargaining
representative of all craft employees working within the scope of this Agreement.
7.2 All employees who are employed by Contractors/Employers to work on the
Project will be required to become members and maintain membership in the appropriate Union
on or before eight (8) days of consecutive or cumulative employment on the Project.
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7.3 Membership under this section shall be satisfied by the tendering of periodic dues
and fees uniformly required to the extent allowed by law.
7.4 Authorized representatives of the Unions shall have access to the Project
whenever work covered by this Agreement is being, has been, or will be performed on the
Project, provided they comply with any existing check-in policy, uniformly applicable to all
visitors, that has been mutually established by the City’s designated representative and General
Contractor.
ARTICLE VIII
REFERRAL
8.1 Contractor(s)/Employer(s) performing construction work on the Project described
in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration
facilities and referral systems established or authorized by the Unions signatory hereto. The
Contractors/Employers shall have the right to reject any applicant referred by the Unions, in
accordance with the applicable Master Agreement.
8.2 Contractor(s)/Employer(s) shall have the unqualified right to select and hire
directly all supervisors above the level of general foreman it considers necessary and desirable,
without such persons being referred by the Union(s) (unless such craft construction employees
are covered by existing Master Agreements).
8.3 In the event that referral facilities maintained by the Union(s) are unable to fill the
requisition of a Contractor/Employer for employees within a forty-eight (48) hour period
(Saturdays, Sundays and Holidays excluded) after such requisition is made by the
Contractor/Employer, the Contractor/Employer shall be free to obtain workers from any source.
A Contractor/Employer who hires any worker(s) to perform Covered Work on the Project
pursuant to this section shall immediately provide the appropriate Union with the name and
address of such employee(s) and shall immediately refer such employee(s) to the appropriate
Union to satisfy the requirements of Article VII of this Agreement.
ARTICLE IX
WAGES AND BENEFITS
9.1 The Contractors/Employers agree to pay contributions to the vacation, pension
and/or other form of deferred compensation plan, apprenticeship, worker protection and
assistance, and health benefit funds established by the applicable Master Agreement(s) for each
hour worked on the Project, in the amounts designated in the Master Agreement(s) of the
appropriate local Union(s).
9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be
bound by the written terms of the legally established Trust Agreements, as described in Section
9.1, which may from time to time be amended, specifying the detailed basis on which payments
are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers
authorize the parties to such local trust agreements to appoint trustees and successor trustees to
administer the Trust Funds and hereby ratify and accept the trustees so appointed as if made by
the Contractors/Employers. The Contractors/Employers agree to execute a separate Subscription
Agreement(s) for Trust Funds when such Trust Fund(s) requires such document(s).
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9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and
other terms and conditions of employment on the Project shall be governed by the Master
Agreement of the respective crafts, to the extent such Master Agreement is not inconsistent with
this Agreement. Where a subject is covered by the Master Agreement and not covered by this
Agreement, the Master Agreement will prevail. When a subject is covered by both the Master
Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will
prevail.
9.4 Holidays: Holidays shall be in compliance with the applicable Schedule A.
ARTICLE X
APPRENTICES
10.1 Recognizing the need to develop adequate numbers of competent workers in the
construction industry, the Contractors/Employers shall employ apprentices from a California
state-approved Joint Apprenticeship Training Program in the respective crafts to perform such
work as is within their capabilities and which is customarily performed by the craft in which they
are indentured.
10.2 The apprentice ratios will be in compliance with the applicable provisions of the
California Labor Code and Prevailing Wage Rate Determinations.
10.3 Consistent with the Master Agreements, there shall be no restrictions on the
utilization of apprentices in performing the work of their craft, provided they are properly
supervised.
10.4 Recognizing that the Bay Area Apprenticeship Coordinators Association, the San
Mateo Workforce Investment Board, the San Mateo County Union Community Alliance, and the
California Division of Apprenticeship Standards have established a countywide Pre-
Apprenticeship Program called the Trades Introduction Program (TIP San Mateo) to prepare
students to become apprentices to work in construction-related trades, and acknowledging that
JobTrain also creates opportunities for people to acquire relevant skills through high-value
training and effective personal development programs, the parties agree to provide opportunities
for employment on the Project for students who have completed the TIP or JobTrain program by
being admitted to trade apprenticeship programs.
ARTICLE XI
HELMETS TO HARDHATS
11.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry
into the building and construction trades of veterans who are interested in careers in the building
and construction industry. Subject to compliance with Article VIII, the Contractors/Employers
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.
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11.2 The Unions and Contractors/Employers agree to coordinate with the Center to
participate in an integrated database of veterans interested in working on the 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 XII
COMPLIANCE
12.1 It shall be the responsibility of the Contractors/Employers and Unions to
investigate and monitor compliance with the provisions of the Agreement contained in Article
IX. Nothing in this agreement shall be construed to interfere with or supersede the usual and
customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect
delinquent Trust Fund contributions from Contractors/Employers on the Project. The CITY shall
monitor and enforce compliance with the prevailing wage requirements of the state and the
Contractors/Employers’ compliance with this Agreement.
ARTICLE XIII
GRIEVANCE ARBITRATION PROCEDURE
13.1 Project Labor Disputes: All Project disputes involving the application or
interpretation of the Master Agreement to which a signatory Contractor/Employer and a
signatory Union are parties shall be resolved pursuant to the resolution procedures of the Master
Agreement. All disputes relating to the interpretation or application of this Agreement, other
than disputes under Article IV (Work Stoppages, Strikes, Sympathy Strikes and Lockouts) and
Article XIV (Work Assignments and Jurisdictional Disputes), shall be subject to resolution by
the grievance arbitration procedures set forth below.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an
employee working on the Project shall be resolved through the grievance and arbitration
provisions contained in the Master Agreement for the craft of the affected employee. No
employee working on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Local Union or
District Council on its own behalf, or on behalf of an employee whom it represents, or a
Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has
a dispute within five (5) business days after becoming aware of the dispute but in no event more
than twenty (20) business days after it reasonably should have become aware of the event
giving rise to the dispute. Time limits may be extended by mutual written agreement of the
parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the
grievance, the representative of the involved Local Union or District Council, or his/her
designee, or the representative of the employee, and the representative of the involved
Contractor/Employer, shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute
within five (5) business days of the Step 1 meeting, the alleged grievance may be referred in
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writing by either involved party to the Business Manager of the affected Union involved and the
Labor Relations Manager of the Employer, or the Employer’s designated representative, for
discussion and resolution. Regardless of which party has initiated the grievance, the Union shall
notify its International Union representative prior to the Step 2 meeting, and the International
Union representative shall advise if it intends to participate in the Step 2 meeting. The Project
Manager and the Council shall have the right to participate in any efforts to resolve the dispute at
Step 2.
Step 3: If the grievance is not settled in Step 2, within five (5) business days of
the Step 2 meeting, either party may request the dispute be submitted to arbitration or the time
may be extended by mutual consent of both parties. Within five (5) business days after referral of
a dispute to Step 3, the representatives shall notify the permanent arbitrator, or if he is not
available, an arbitrator shall be selected by the alternate striking method from the list of three (3)
below. The order of striking names from the list of arbitrators shall be determined by a coin toss,
the winner of which shall decide whether they wish to strike first or second.
1. William Riker
2. Robert Hirsch
3. Carol Vendrillo
13.5 The decision of the Arbitrator shall be final and binding on all parties. The
Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions
of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The
Arbitrator shall arrange for a hearing on the earliest available date from the date of his/her
selection. A decision shall be given to the parties within five (5) calendar days after completion
of the hearing unless such time is extended by mutual agreement. A written opinion may be
requested by a party from the presiding Arbitrator.
13.6 The time limits specified at any step of the Grievance Procedure may be extended
by mutual agreement of the parties. However, failure to process a grievance, or failure to respond
in writing within the time limits provided above, without an agreed upon extension of time, shall
be deemed a waiver of such grievance without prejudice, or without precedent to the processing
and/or resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of
this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any
Master Agreement, the Union may request that the CITY withhold and retain an amount from
what is due and owing to the Contractor against whom the grievance is filed, sufficient to cover
the damages alleged in the grievance, should the Union prevail. The amount shall be retained by
the CITY until such time as the underlying grievance giving rise to the retention is withdrawn,
settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to
the grievance shall decide, or to whomever an Arbitrator shall so order.
13.9 Should any of the arbitrators identified in this Article or Article IV no longer
work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
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ARTICLE XIV
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the
Employer performing the work involved; and such work assignments will be in accordance with
the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the
“Plan”) or any successor Plan.
14.2 All jurisdictional disputes on this Project between or among the building and
construction trades Unions and the Employers parties 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 Employers and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters
Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the
procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel,
Thomas Angelo, Robert Hirsch and Thomas Pagan, and the Arbitrator’s hearing on the dispute
shall be held at the offices of the California State Building and Construction Trades Council in
Sacramento, California, within fourteen (14) days of the selection of the Arbitrator. All other
procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike,
work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to
until the dispute is resolved. Individual employees violating this section shall be subject to
immediate discharge. Each Employer will conduct a pre-job conference with the Council prior to
commencing work. The CITY and the Project Manager will be advised in advance of all such
conferences and may participate if they wish. Pre-job conferences for different Employers may
be held together.
ARTICLE XV
MANAGEMENT RIGHTS
15.1 Consistent with the Schedule A agreements, the Contractors/Employers shall
retain full and exclusive authority for the management of their operations, including the right to
direct their work force in their sole discretion. No rules, customs or practices shall be permitted
or observed which limit or restrict production, or limit or restrict the working efforts of
employees, except that lawful manning provisions in the Master Agreement shall be recognized.
ARTICLE XVI
DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance,
alcohol and/or firearms at any time during the work day is prohibited.
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16.2 Drug and alcohol testing shall be conducted in accordance with the Substance
Abuse Prevention Policies contained in the applicable Schedule A agreements.
ARTICLE XVII
SAVINGS CLAUSE
17.1 The parties agree that in the event any article, provision, clause, sentence or word
of the Agreement is determined to be illegal or void as being in contravention of any applicable
law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full
force and effect. The parties further agree that if any article, provision, clause, sentence or word
of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the
parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause,
sentence or word which will meet the objections to its validity and which will be in accordance
with the intent and purpose of the article, provision, clause, sentence or word in question.
17.2 The parties agree that in the event that a decision of a court of competent
jurisdiction materially alters the terms of the Agreement such that the intent of the parties is
defeated, then the entire Agreement shall be null and void.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is
invalid and/or enjoins the CITY from complying with all or part of its provisions and the CITY
accordingly determines that the Agreement will not be required as part of an award to a
Contractor/Employer, the Unions will no longer be bound by the provisions of Article IV.
ARTICLE XVIII
TERM
18.1 This Agreement shall be included in the bid documents, requests for proposals, or
other equivalent Project solicitations, which shall indicate that entering into this Agreement is a
condition of the award of Construction Contracts for the Project.
18.2 This Agreement shall become effective on the day it is executed by the CITY and
by the Council and shall terminate with respect to each Project upon Completion as set forth in
Section 1.4 herein.
18.3 This Agreement may be executed in counterparts, such that original signatures
may appear on separate pages and when bound together all necessary signatures shall constitute
an original. Faxed or emailed PDF signature pages transmitted to other parties to this Agreement
shall be deemed the equivalent of original signatures.
[SIGNATURE PAGE TO FOLLOW]
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CITY OF SOUTH SAN FRANCISCO
By:
Title:
Date:
SAN MATEO COUNTY BUILDING AND
CONSTRUCTION TRADES COUNCIL
By:
James Ruigomez, Secretary-Treasurer
Date:
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[SIGNATURE BLOCKS FOR UNIONS]
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Exhibit A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Project Labor Agreement for the ________________ Project -- Agreement To Be Bound
Dear Mr./Ms. ________________:
The undersigned confirms that it agrees to be a party to and bound by the ________________
Project Labor Agreement as such Agreement may, from time to time, be amended by the parties
or interpreted pursuant to its terms.
By executing this Agreement To Be Bound, the undersigned party subscribes to, adopts and
agrees to be bound by the written terms of the legally established trust agreements as set forth in
Section 9.1, as they may from time to time be amended, specifying the detailed basis upon which
contributions are to be made into, and benefits made out of, such trust funds, and ratifies and
accepts the trustees appointed by the parties to such trust funds, and agrees to execute a separate
Subscription Agreement when such Trust Fund(s) require(s) such document(s).
The obligation to be a party to and bound by this Agreement shall extend to all work covered by
said Agreement undertaken by the undersigned. The undersigned shall require all of its
subcontractors, of whatever tier, to become similarly bound for all their work within the scope of
this Agreement by signing an identical Agreement To Be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________
Contractor State License Number or Motor Carrier (CA) Permit Number:__________________
Name of Authorized Person (print): ________________________________________________
Signature of Authorized Person: ___________________________________________________
Title of Authorized Person: ______________________________________________________
Telephone Number of Authorized Person: ___________________________________________
Address of Authorized Person: ____________________________________________________
State Public Works Registration Number: ___________________________________________
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Exhibit B
EXCLUSIONS
The purpose of this Exhibit B is to distinguish between craft work covered by the Unions’
Master Agreements, including infrastructure installation, repair, testing, troubleshooting and
removal, and IT/Network Systems work ordinarily performed by City employees or the City’s
IT/Network Systems contractor. Such IT/Network Systems work is limited to head-end
equipment (i.e. switches, routers, hubs and servers, and associated programming not performed
by craft workers).
The following work is therefore excluded from the terms of this Agreement; however, all related
infrastructure work remains Covered Work under this Agreement:
IT/Network Systems for Police and Library:
1. All work by employees of a manufacturer or vendor necessary to maintain the
manufacturer’s warranty or guaranty or installation of any proprietary or specialty
Emergency and Dispatch Response Center systems, including but not limited to 911
dispatch consoles and data center equipment, where the Unions do not possess the
skill, knowledge or experience to perform the work, provided that the City or any
Contractor shall not select such manufacturer or vendor to avoid the work being
Covered Work under this Agreement. If there is any dispute concerning this issue, the
dispute shall be submitted to arbitration pursuant to Article XIII, which shall be
conducted on an expedited basis.
2. Maintenance and repair work not part of the Project, including on-going maintenance,
janitorial, and security services;
3. All non-construction support services contracted by any Contractor/Employer or the
City in connection with the Project;
4. Work by employees of the City, design teams (including, but not limited to architects,
engineers, and master planners), or any other consultants for the City (including, but
not limited to, legal services and project managers not performing or subcontracting
project work) and their sub-consultants, and other employees of professional service
organizations not performing or subcontracting project work;
5. The following Owner-furnished, Owner-installed equipment (but not infrastructure) as
it relates to specialized IT/Network/Technology systems at the Police 911 Dispatch
Center:
(1) Communications Console
a. Monitor receiver
b. DTMF decoder on fire channel
c. Simplex receiver
d. Tone encoding
e. Telephone headset interface
f. Console side tone and intercom
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g. MDC1200/Fleetsync ANI decoder system
h. Existing equipment de-installation and move from existing Police Station
and re-installation in new Police Station.
(2) Radio System
a. Distributed Antenna System (DAS) (excluding infrastructure as indicated
above)
b. NOAA weather radio system
c. Pacifica channel system
d. Colma PD radio interface
e. San Bruno PD radio interface
f. Radio stream encoder requirements
g. Existing equipment de-installation and move from existing Police Station
and re-installation in new Police Station.
(3) 911 Telephone System Equipment:
a. Existing equipment de-installation and move from existing Police Station
and re-installation in new Police Station.
b. Comm center TDD and Text-to-911 system
c. Instant recall recorder system
d. Administrative telephone system
(4) Police Data Communications:
a. CAD/RMS network system
b. DOJ security system
Note that this Agreement does cover #c, PGS Netlock, and timesync
systems (master clock systems)
(5) Relocation of existing specialized system not scheduled for replacement such as:
a. OES JPA communications systems
b. Lawnet System including that of de-installation and move from existing
facilities to new building of the Lawnet server & sRIMS server
6. The following Owner-furnished, Owner-installed equipment (but not infrastructure)
comprised of Library material handling and anti-theft security gate equipment, which
automatically identify and sort library items based on RFID-tagging, inclusive of
programming not performed by craft trades:
(1) Lyngsoe Systems’ RFID-based Automated Material Handling (AMH)
(2) Bibliotheca Anti-theft Security Gate System with RFID readers
145370\997286