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HomeMy WebLinkAbout7/10/2018 Item 13, Dietrick City of San Luis Obispo, Council Memorandum Date:July 6, 2018 TO:Mayor and Council FROM: Christine Dietrick, City Attorney Justin Pickard, WRRF Project Consultant VIA:Derek Johnson, City Manager MC for DJ SUBJECT:Supplemental PLA Outreach Information In preparation for Council’s Study Session,Staffand WRRF Project consultants have continued efforts to gather as much information as possible to inform the discussion regarding whether the Council wishes to pursue negotiation of aProject Labor Agreement for the WRRF Project. An exemplar agreementprovided by the Tri-Counties Building and Construction Trades Council,with the general provisions tailored to San Luis Obispois also being provided here.Below are answers to questions posed by the City Attorney to local labor representatives and the answers received to date. Also provided below is some additional information gathered by the City’s consultant regarding feedback from contractors who have expressed interestin the project. The questions posed by the City Attorney are below with the responses from the Building Trades Council shown in italics: 1.I’m assuming the Trades Council and the City would be the primary signatories to a PLA.How many other parties would be part of the negotiation and signing on to an agreement in this instance, specifically craft unions and district councils?Others? The City and the \[Building Trades\] Council are the parties -with eachsignatory signed on per thesignatures lines. Therewould be no other participants, as anycontractor or contractor group participating would beconsidered a conflict ofinterest, and only those representing the interests of theworkers can bargain for their work/employment conditions. Outside of the affiliates and the local council, there are no such other entities. The contractorchosen as a GC would sign theattached letter of assent uponbecoming thesuccessful bidder. ***Additional staff comment:Based on staff’s review of theexemplar “Community Workforce Agreement” (Project Labor Agreement) for SLO provided by the Trades Council, it appears there would be 22individual signatory unions. By the terms of the draft PLA (and other examples reviewed by staff) the Master Labor Agreement (local collective bargaining agreements of each of the signatory unions) would be incorporated by reference into the WRRF Project PLA and the terms of all of the individual MLAswould apply to Project Labor Agreements Agenda CorrespondencePage 2 work covered by the PLA.That conclusion is supported by the response to question #2 below. 2.Presumably related to the above, do you know how many master labor agreements would be incorporated into a PLA on this project and are those available online for the Council to review? All master labor agreements of the signed crafts (above) would be incorporated into the finalagreement by attachment andreference. 3.I understand that all contractors and subs signing on would be required to make benefits contributions for all workers on the project, irrespective of union affiliation; can you help me to understand whether there is any difference in how workers access the benefits funded by those contributions and whether there is any difference based on union affiliation?There seems to be some confusion on our end as to whether non-union workers are actually required to join the union for the duration of the project.My read has been that they are not,but must register and be referred through the local.Can you please clarify? Language specific topayment of dues or benefits contributions are part of the final negotiated language. I know that you have a draft agreement, but it is unclear if the City would be using that as is or looking to modify it. 4.Are there agreements that you are aware of that allow any offset from otherwise required benefits contributions where a contractor or sub already provides equivalent benefits to its workers, especially if the work is of a limited extent that might not qualify a worker to participate in union benefits programs?If not, I’m having difficulty understanding how a PLA would not escalate project costs if a non-union employerwho already provides benefits is essentially required by the agreement to double fund benefits plans.I know there was some legislation proposed a while back specifically addressing this issue, but I’m not clear where that landed or whether the issue could be addressed on a project by project basis via negotiation.We’re including this concern in our report, so we’ll want to th be able to address it at or before the Council meeting on the 10. There are no offsets for benefitspayments, however there havebeenspecific cases in which variousagreements have“equivalent or better than” language that has exemptions if theemployee has been covered for 180 days prior to their deployment on thejob site the PLA covers by a Plan that meets the terms of the clause. Inclusion of such language would be part of the final negotiated agreement if undertaken. However, it should be noted that there has not been any case in pointexamples of dualpayments on other projects, as it has been a rare case that a non-signatory sub has been actually providing coverage. That said, a contractor has the capacity to put a lesser plan on“hold” for anemployee while they are covered by a morecomprehensive plan under the PLA,which would eliminate anypossibility of dual payments. Additionally, allprojects arestilla low bid scenario,which means thatregardless of how acontractor portions out their bid numbers (allocations to labor or materials) you are still working off of the best price and prevailing wage is the required wage base. Project Labor Agreements Agenda CorrespondencePage 3 5.With regard to core work force, would it be correct to assume that any members of a contractor or sub’s usual workforce are free to register with the union and request to be assigned to the project through the PLA administration process and that they would be assigned subject to any preferences negotiated into the PLA?In other words, I’m assuming there would not be any barrier to a contractor’s usual workforce working on the project, so long as all involved are abiding by the terms of the agreement?If there’s nuance I’m not understanding, please correct my understanding. A contractor would besubject to the core language -if there is any -in the final agreement. In order tohave the greatest percentage of local hire, no core workers or minimal core workers is thelanguage that produces the bestresults. Therefore, with no core workers, an outside contractor would have to pull from the local hiring hall therebyprioritizing the dispatch of local residents to the site. If minimal core language is part of the final agreement, i wouldrecommend that thelanguage be exclusive to core workers that have local addresses that have been in place for 180 days or longer prior to their engagement on theproject. This ensures that no one is calling a group of workers from out of area“local” because they have a local PO box on their check stub or a motel address. Inthat case, those individuals would have to register through the local hall for re-dispact to the field, per the terms of the agreement. Apprentices all have to register and clear out to the site through the localapprenticeship, and yourarea has no unilateral programs, so all apprentices would be from the Joint LM programsas a matter of geography. Contractor Feedback The City is prequalifying general contractors, electrical subcontractors, and control systems integrators for the WRRF Project. The prequalification process allows the City to set forth minimum experience requirements that each contractor must meet to be eligible to submit a bid. Only contractors with a proven track record of building projects of similar size and complexity as the WRRF Project in a safe manner will be allowed to submit bids. Ten general contractors, two electrical subcontractors, and two control systems integrators submitted statements of qualification (SOQs) in response to the City’s request for qualifications (RFQ). The SOQs are currently being reviewed by the City’s Program Management Team to determine which firms meet the minimum experience requirements as set forth in the RFQ. The Program Management Team contacted each general contractor and electrical subcontractor who submitted aSOQ to solicit feedback on the potential impacts of aPLA on the WRRF Project from the contractors’ perspective. The control systems integrators were not contacted as their scope of work is a professional service and not within the purview of a PLA. Each contractor was asked a series of questions and giventhe opportunity to provide additional feedback. Nine of the ten general contractors provided feedback and one electrical subcontractor provided feedback. The following sections detail the responses to the questions each contractor was asked. Has yourfirm ever worked under a PLA? Seven of the nine general contractors and the electrical subcontractor surveyed have previously worked under a PLA. Project Labor Agreements Agenda CorrespondencePage 4 Would a PLA affect your decision to bid on the WRRF Project? Seven of the nine general contractors responded that a PLA would not affect their decision to bid on the WRRF Project and one general contractor responded that its firm would not pursue the WRRF Project if subject to a PLA. One general contractor expressed concern and noted that a PLA would reduce the firm’s likelihood of submitting a bid to 50 percent. The electrical subcontractor responded that a PLA would not affect the firm’s decision to submit a subcontract bid to the general contractors. Two of the firms who initially responded that a PLA would not affect their decision to bid noted that PLAs can contain provisions requiring contractors to remain signatory to individual trades after the conclusion of the covered project, or can require firms to sign union agreements for other upcoming projects. The firms cautioned the City against these provisions and noted the inclusion of such a provision would prevent them from pursuing the WRRF Project. Is your firm a union signatory contractor? Each of the firms contacted are signatory to the construction trades in some manner. Several firms have both union and non-union divisions within their companies that operate in different markets throughout the country. Several contractors sign project-specific subscription agreements with certain tradesand are notsignatory to the unions for all projects. The individual trades to which each firm is signatory varied among the respondents. Four general contractors are typically only signatory to the laborers and carpenters, while the remaining firms were also signatory to the cement masons, operating engineers, ironworkers, and, to a lesser extent, the pipefitters. The electrical subcontractor surveyed is signatory to the electricians. Would a PLA affect your bid price and,if so, how? Six general contractors andthe electrical subcontractor responded that a PLA would not affect their bid price. Three general contractors responded that a PLA would increase their bid price, citing the additionaladministrative costs to comply with the agreement and increased contingencies in their labor pricing to address the strict scope of work limitations in typical PLAs. One general contractor offered the following example of equipment operation on a PLA covered project. Typically, the contractor would include costs in its bid to assign a forklift to the project for the duration of the contract, as it is a piece of equipment that is frequently used, although only for a limited number of hours each day. In the absence of a PLA, the contractor could allow a carpenter or laborerto operate the forklift each day as necessitated by the work being performed, provided the employee was paid the operating engineer prevailing wage rate for the time spent operating the equipment. Under a PLA, only an operating engineer could operate theforklift even though the piece of equipment was only required for two to three hours a day, and the contractor would have to carry the additional cost of a full-time operating engineer in its bid even though a full-time operator was not warranted. While the example is anecdotal, it serves to illustrate the limitations of the scope of work that can be performed by each trade on a PLA covered project and potential cost impacts. Use of equipment by crafts other than operating engineers as a “tool of the trade” should be discussed with the building trades if the City moves forward with a PLA. Several contractors noted that a PLA could increase the cost of the WRRF Project if it includes provisions assigning the mechanical scope of work to the pipefitters. The scopes of work for both the laborers and the pipefitters published by the DIR include the installation of mechanical and Project Labor Agreements Agenda CorrespondencePage 5 pressurized pipe for water and wastewater treatment facilities, and the jurisdiction for mechanical piping is an ongoing point of contention between the two trades. The majority of contractors surveyed typically use laborers to install piping for water and wastewater treatment facility projects, who are payed a lower prevailing wage rate than pipefitters. If a PLA assigned mechanicalwork to the pipefitters, the higher cost of the prevailing wage rate for pipefitters would be reflected in higher bid prices by the contractors. The City should discuss jurisdiction for mechanical piping work if PLA negotiations proceed. How many core employees would you ideally bring to the WRRF Project? Contractors were asked this question to determine how many key employees they would bring to the WRRF Project and how many would be hired locally, regardless of whether a PLA was in place for the project. Responses ranged from 10 percent to 30 percent of the total craft labor on the project and estimates of the total number of craft workers at the peak of construction ranged from 60 to 120 employees for the general contractor. It is important to note the estimates of total craft workers were based on limited information provided to contractors during the prequalification process, including an overview of the project scope, the estimated construction cost of $90 to $110 million, and excerpts from the 60 percent preliminary design submittal. The wide range in estimates of total craft workers can be attributed to the limited information provided. The electrical subcontractor estimated that 10 percent of its workforce would be brought to the project and the remainder hired locally. Several contractors noted that they cannot be cost competitive by mobilizing their entire workforce to the project site from out of the area, as travel and subsistence payments to traveling workers required by prevailing wage law are cost prohibitive. Four respondents voiced concern with the availability of skilled labor for the WRRF Project, and several noted that if the local unions were unable to dispatch craft workers locally, the contractor could potentially be required to pay travel and subsistence to workers dispatched from non-local unions. Several respondents remarked that the success of a PLA will largely depend on the local unions, their ability to dispatch the required craft labor to the project, and their commitmentto local training and apprenticeship programs. Miscellaneous Feedback Each respondent was given the opportunity to provide feedbackin addition to the series of questions presented in the preceding sections. Several contractors noted that PLAs can result in more jurisdictional disputes between trades than would otherwise be anticipated. While PLAs prevent craft workers from performing work outside of the scope defined in the Master Labor Agreement for each trade, the scopes of work between each trade can overlap, leading to jurisdictional disputes. Examples include overlapping scope between laborers and pipefitters for mechanical piping installationand overlapping scope between laborers and cement masons for concrete placement and finishing work. PLAs include a prescriptive process to resolve jurisdictional disputes without stopping work, but the agreements also provide a forum to entertain disputes between trades that would not otherwise be available. Onecontractor stated a longer bid advertisement period would be required to facilitate coordination between the individual trades and clearly delineate the scope of work to avoid jurisdictional disputes. Project Labor Agreements Agenda CorrespondencePage 6 One general contractor noted that the Water Resource Center construction will involve many specialty trades that are likely non-union in a smaller market like San Luis Obispo. The contractor stated that non-union local contractors might not be interested in working under a PLA, requiring the general contractor to procure the services of specialty trades from outside the area and reducing participation on the WRRF Project from local contractors. Another general contractor recommended that the City perform targeted outreach and host information sessions to educate the local contracting community and encourage participation in the WRRF Project if the City moves forward with a PLA. One general contractor recommended that the City allow the contractors to negotiate agreements with the individual trades as needed, rather than mandating an agreement with all trades through a PLA. The respondent suggested that the general contractors bidding on the WRRF Project will be relying on local unions to provide craft labor with or without a PLA, but the absence of PLA would provide greater flexibility on work assignments, utilization of core workers, and reduce project costs. One general contractor recommended that a contractor representative be included in the negotiating team if the City moves forward with a PLA. A contractor with collective bargaining experience could bring a unique perspective and add value during the negotiating process.The Citynotes that it would not be possible or appropriate to include any representative of any contractor who was consideringbiddingon the project, or any individual affiliated with any such contractor,as part of the City’s negotiating team, since doing so would raise clear conflicts of interest issues in the bid and contract award processes. Attachments: 1. Tri-CountiesBuilding and Construction Trades Councilsample “Community Workforce Agreement” (WRRF Project Labor Agreement) COMMUNITY WORKFORCE AGREEMENT BY AND BETWEEN THECITY OF SAN LUIS OBISPO AND THE TRI COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL, AFL-CIO AND THE SIGNATORY CRAFT COUNCILS AND UNIONS FOR THE WATER RESOURCE RECOVERY FACILITY UPGRADEPROJECT TABLE OF CONTENTSPage ARTICLE 1 INTENT AND PURPOSE4 ARTICLE 2 SCOPE OF AGREEMENT6 ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT9 ARTICLE 4 UNION ACCESS AND STEWARDS12 ARTICLE 5 WAGES AND BENEFITS 13 ARTICLE 6WORK STOPPAGES AND LOCKOUTS 15 ARTICLE 7WORK ASSIGNMENTS AND JURISDICTIONALDISPUTES 18 ARTICLE 8MANAGEMENT RIGHTS 19 ARTICLE 9SETTLEMENT OF GRIEVANCES AND DISPUTES 21 ARTICLE 10REGULATORY COMPLIANCE 23 ARTICLE 11SAFETY AND PROTECTION OF PERSON ANDPROPERTY24 ARTICLE 12TRAVEL AND SUBSISTENCE24 ARTICLE 13APPRENTICES24 ARTICLE 14PRE-JOB CONFERENCES 25 ARTICLE 15LABOR/MANAGEMENT COOPERATION 26 ARTICLE 16SAVINGS AND SEPARABILITY27 ARTICLE 17WAIVER27 ARTICLE 18AMENDMENTS27 ARTICLE 19DURATION OF THE AGREEMENT27 ATTACHMENT A –LETTER OF ASSENT30 ATTACHMENT B –LOCAL RESIDENT ZIP CODES31 ATTACHMENT C–CRAFT EMPLOYEE REQUEST FORM32 ATTACHMENT D–DRUG AND ALCOHOL TESTING POLICY34 City of San Luis Obispo2Community WorkforceAgreement CITY OF SAN LUIS OBISPO WATER RESOURCE RECOVERY FACILITY UPGRADEPROJECT COMMUNITY WORKFORCE AGREEMENT This Community Workforce Agreement (hereinafter, “Agreement”) is entered into by and between the City of San Luis Obispoand its successors or assigns, (“City”),the Tri Counties Building & Construction Trades Council, AFL-CIO(the “Council”), and the signatory Craft Councils and Unions signing this Agreement (hereinafter together with the Council, collectively, the “Unions”). This Agreement establishes the labor relations guidelines and procedures for the City and for the Contractors and craft employees represented by the Unions and engaged in Project Work. The City, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.” The Parties to this Agreement understand that if this Agreement is acceptable to the City, the policy of the Citywill be for the Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as “Attachment A”), and to require each of its subcontractors, of whatever tier, to become bound. The Cityshall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City. The Cityshall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all signatory Parties, the Contractors and crafts persons working under it, and the residents and students of the City. The Cityshall therefore designate a “Community Workforce Coordinator,” either from its own staff or an independent contractor acting on behalf of the City, to monitor compliance with this Agreement; assist, as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwiseimplementand administer this Agreement. For such purposes, each Contractor recognizes the Community Workforce Coordinator, its successors or assigns, as its agent; and together with Cityand the Unions, the Community Workforce Coordinator shall be considered a “negotiating party” of this Agreement. The term “Apprentice”as used in this Agreement shall mean those employees registered and participating in Joint Labor/Management Apprenticeship Programs approved by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California. Theterm “Contractor”as used in this Agreement includes any individual, firm, partnership, or corporation, or combination thereof,including joint ventures, which as an Independent Contractor has entered into a contract with theCitywith respect to the Project Work, or with another Contractor as a subcontractor of whatever tier utilized by such Contractors for Project Work. Theterm “Joint Labor/Management Apprenticeship Program”as used in this Agreement means ajoint Union and Contractor administered apprenticeship program certified by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California. City of San Luis Obispo3Community WorkforceAgreement The term “Letter of Assent”as used in this Agreement means the document that each Contractor (of any tier) must signand submit to the Community Workforce Coordinatorand the Council, before beginning any Project Work, which formally binds them to adhereto all the forms, requirements and conditionsof this Agreement, in the letter attached hereto as Attachment A. Theterm “Project” or “ProjectWork” as used in this Agreement means the City’s construction, abatement, demolition,renovation, rehabilitation, upgrade and improvement work and new construction as describedin Section 2.2 of this Agreement and are contracted out by the City. The terms“Master Labor Agreements” or “MLAs,”as used in this Agreement,means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement. The term “Subscription Agreement”means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of MLA. The Union and all Contractors agree to abide by the terms and conditions of this Agreement and agree that this Agreement represents the complete understanding of the Parties. No Contractor is or will be required to sign or otherwise become a party to any other collective bargaining agreement with a signatory Union as a condition of performing work within the scope of this Agreement. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Project Work, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis.This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement. The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance. ARTICLE 1 INTENT AND PURPOSE Section 1.1Identification and Retention of Skilled Labor and Employment of CityResidents: The constructionand capital improvement work scheduled to be performed by the Citywill require large numbers of craftpersonnel and other supporting workers. The parties understand and intend to use the opportunities provided by the extensive amount of work to be coveredby this Agreement to identify and promote, through cooperative efforts, programs and procedures (which may include, for example, programs to prepare persons for entrance into formal apprenticeship programs, or outreach programs to the community describingopportunities City of San Luis Obispo4Community WorkforceAgreement available as a result of the Project), the interest and involvement of Cityresidents in the construction industry; assist them in entering the construction trades, and through utilization of the Joint Labor/Management sponsored apprenticeship programs, provide training opportunities for those Cityresidents and other individuals wishing to pursue a career in construction. Further, with assistance of the Community Workforce Coordinator, the City, the Contractors, the Unions and their affiliated regional and national organizations, will work jointly to develop and implement procedures promptly for the identification of craft needs, the scheduling of work to facilitate the utilization of available craft workers, and to secure the services of craft workersin sufficient numbers to meet the high demands of the Project Work to be undertaken. Section 1.2Encouragement of Localand SmallBusiness:The Project will provide many opportunities for local and small business enterprises to participate as contractors or suppliers, and the parties therefore agree that they will cooperate with all efforts of the City, the Community Workforce Coordinator, and other organizations retained by the Cityfor the purpose of encouraging and assisting the participation of local and small businesses in Project Work. The parties shall ensure that the provisions of this Agreement do not inadvertently establish impediments to the participation of local and smallbusinesses,and residents of the City. Section 1.3ProjectCooperation:The parties recognize that the construction to takeplace under this Agreement involves unique and special circumstances which dictate the need for the parties to develop specific procedures to promote high quality, rapid and uninterrupted construction methods, and practices. The smooth operation and successful and timely completion of the work is vitally important to the City.The parties therefore agree that maximum cooperation among all parties involved is required; and that with construction work of this magnitude, with multiple contractors and crafts performing work on multiple sites of over an extended period of time, all partiesagree towork in a spirit of harmony and cooperation, and with an overriding commitment to maintain the continuity of Project Work. Section 1.4Workers' Compensation Carve-out:Further, the parties recognize the potential which the Project may provide for the implementation of a cost-effective workers' compensation system as permitted by California Labor Code,Section 3201.5, as revised. Should the City request, the Union parties agree to meet and negotiate in good faith with representatives of the Cityfor the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers’compensation benefits and medical coverage as permitted by the Code. Section 1.5Peaceful Resolution of All Disputes:In recognition of the special needs of the Project and to maintain a spirit of harmony, labor-management peace and stability during the term of this Community Workforce Agreement, the parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances; and in recognition of such methods and procedures, the unions agree notto engage in any strike, slowdowns or interruptions or disruption of Project Work, and the contractors agree not to engage in any lockout, or any other action impairing or impeding the Project Work. Section 1.6Binding Agreement on Parties and Inclusion of CityResidents and City of San Luis Obispo5Community WorkforceAgreement Businesses:By executing this Agreement, theCity, Council, Unions and Contractors agree to be bound by each and all ofthe provisions of this Agreement, and pledge that they will work together to adopt, develop, and implement processes and procedures which are inclusive of the residents and businesses of the City. ARTICLE 2 SCOPE OF AGREEMENT Section 2.1 General:ThisAgreement shall only apply to work which is contracted out by the City, asspecifiedin Section 2.2 of thisArticle, performed by those Contractor(s) of whatever tier that have contracts awarded for suchwork. Section 2.2 Specific:The Project is defined and limited to: 2.2.1All construction, abatement, demolition, renovation, rehabilitation, upgrade and improvement work and new construction to be performed pursuant to or under a contract with the Cityfor the Water Resources Recovery Facility Project,and all subcontracts flowing from these contracts(“Project Work”); and 2.2.2The Parties understand that the Citymay at any time, and at its sole discretion, determine to build segments of the Project under this Agreement which were not currently proposed, or to modify or not to build any one or more particular segments proposed to be covered. It is understood by the Parties that the Citymay at any time, and at its sole discretion, add additional projects under this Agreement not otherwise covered by this Agreement. Section 2.3Exclusions:Items specifically excluded from the Scope of thisAgreement include the following: 2.3.1Work of non-manual employees, including but not limited to:superintendents; administrators;supervisors; time keepers, mail carriers, clerks, office workers, messengers; guards, safetypersonnel, emergency medical and first aid technicians; and other professional, engineering,administrative, supervisory and management employees; 2.3.2Equipment and machinery operated by theCity; 2.3.3All off-site manufacture and handling of materials, equipment, ormachinery; provided, however, that lay down or storage areas for equipment or material andmanufacturing (prefabrication) sites, dedicated solelyto the Project or Project Work, and themovement of materials or goods between locations on a Project site are within the scope of thisAgreement; 2.3.4All employees of the City,Community Workforce Coordinator, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City(including, but not limited to, project managers and construction managers andtheir employees not engaged in Project Work) and their sub-consultants, and otheremployees of professional service organizations, not performing manual labor within the scopeof this Agreement; provided, however, that it is understood and agreed that Building/Construction City of San Luis Obispo6Community WorkforceAgreement Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the CWA. This inclusion applies to the scope of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Inspector performing under the Wage classification of Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement of a construction contract shall be bound to all applicable requirements of the CWA.ProjectWork as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded; 2.3.5Any work performed on or near or leading to or into a site of workcovered by this Agreement and undertaken by state, county, city or other governmental bodies,or their Contractors; or by public utilities, or their Contractors; and/or by the Cityor itsContractors (for work for which is not within the scope of this Agreement); 2.3.6Off-site maintenance of leased equipment and on-site supervision of suchwork; 2.3.7It is recognized that certain materials, equipment, and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the materials, equipment, and systems, together with requirements of manufacturer’s or vendor’s warranty, may dictate that it be prefabricated, pre-piped, and/or pre-wired and that it be installed under the supervision and direction of Owner’s and/or manufacturer’s personnel.The Unions agree to install such material, equipment, and systems without incident; 2.3.8Non-construction support services contracted by the City,Community Workforce Coordinator, or Contractor in connection with this Project; 2.3.9Off-site laboratory work for testing. Section 2.4Awarding of Contracts: 2.4.1The Cityand/or the Contractors, as appropriate, have the absolute rightto award contracts or subcontracts on this Project to any Contractor notwithstanding the existenceor non- existence of any agreements between such Contractor and any Union parties, providedonly that such Contractor is ready, willing and able to execute and comply with this Community Workforce Agreement should such Contractor beawarded work covered by this Agreement. 2.4.2It is agreed that all Contractors and subcontractors of whatever tier, whohave been awarded contracts for work covered by this Agreement, shall be required to accept andbe boundto the terms and conditionsof this Community Workforce Agreement, and shall evidence theiracceptance by the execution of the Letter of Assent set forth inAttachment “A”hereto, prior to the commencement of work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance on the construction contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement City of San Luis Obispo7Community WorkforceAgreement prior to the commencement of work on the Project.No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter ofAssent as executed by it to the Community Workforce Coordinator and to the Council forty-eight (48)hours before thecommencement of Project Work, or within forty-eight (48)hours after the award of Project Work to thatContractor (or subcontractor), whichever occurs later. Section 2.5Coverage Exception: This Agreement shall not apply if the Cityreceives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the Citynot require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains anyof the terms set forth herein. The Cityagrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority. Section 2.6Master Labor Agreements: 2.6.1The provisions of this Agreement, including the Master Labor Agreements (hereinafter “MLAs”), as such may be changed from time-to-time and which are incorporated herein by reference, shall apply to the work covered by this Agreement. This Agreement is not intended to supersede the MLAs between any of the Employers performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such MLAs, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Articles dealing with Work Stoppages and Lock-Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. Where a subject is covered by the provisions of a MLA and not covered by this Agreement, the provisions of the MLA shall apply. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all Parties signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicablesource between this Agreement and any MLA for determining the wages, hours of workingconditions of employees on this Project shall be resolved under the procedures established inArticle 9. 2.6.2It is understood that this Agreement, together with the referencedMLAs, constitutes a self-contained, stand-alone agreement and by virtue of havingbecome bound to this Community Workforce Agreement, the Contractor will not be obligated to sign anyother local, area or national collective bargaining agreement as a condition of performing workwithin the scope of this Agreement (provided, however, that the Contractor may be required tosign an uniformly applied, non-discriminatory “Subscription Agreement” at the request of thetrustees or administrator of a trust fund established pursuant to Section 302 of the LaborManagement Relations Act, and to which such Contractor is bound to make contributions underthis Agreement, provided that such SubscriptionAgreement does not purport to bind theContractor City of San Luis Obispo8Community WorkforceAgreement beyond the terms and conditions of this Agreement and/or expand its obligation tomake contributions pursuant thereto). It shall be the responsibility of the prime Contractor tohave each of its subcontractors sign such Subscription Agreementwith the appropriate Craft Union prior to thesubcontractor beginning Project Work. Section 2.7Binding Signatories Only:This Agreement shall only be bindingon the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or otherventures of any such Party. Section 2.8Other CityWork:This Agreement shall be limited to theconstruction work within the Scope of this Agreement including, specifically, site preparationand related demolition work, and new construction and major rehabilitation work referenced in Section 2.2 above. Nothing contained herein shall be interpretedto prohibit, restrict, or interfere with the performance of any other operation, work or functionnot covered by this Agreement, which may be performed by Cityemployees or contracted forby the Cityfor its own account, on its property or in and around a Project site. Section 2.9Separate Liability:It is understood that the liability of theContractor(s) and the liability of the separate Unions under this Agreement shall be several andnot joint. The Unions agree that this Agreement does not have the effect of creating any jointemployment status between or among the Cityor Community Workforce Coordinator and/or anyContractor. Section 2.10Completed Project Work:As areas of ProjectWork are acceptedby the City, this Agreement shall have no further force or effect on such items or areas exceptwhere the Contractor is directed by the Cityor its representatives to engage in repairs,modification, check- out and/or warranties functions required by its contract(s) with the City. ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT Section 3.1 Recognition: The Contractor recognizes the Council and theUnions as the exclusive bargaining representative for the employees engaged inProject Work. Section 3.2 Contractor Selection of Employees:The Contractor shall have theright to determine the competency of all employees, theduties of such employees within their craft jurisdiction, and shall have the sole responsibility forselecting employees to be laid off.The Contractor shall also have the right to reject any applicant referred by a Union forany reason, subject to any reporting pay required under the appropriate MLA; provided, however,that such right is exercised in good faith and not for the purpose of avoiding the Contractor’scommitment to employ qualified workers through the procedures endorsed in this Agreement. Section 3.3 Referral Procedures: 3.3.1For signatory Unions now having a job referral system contained in aMLA, the Contractor agrees to comply with such system and it shall be used exclusively bysuch Contractor, except as modified by this Agreement. Such job referral system will be operatedin a City of San Luis Obispo9Community WorkforceAgreement nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the Cityto encourage employment of Cityresidentsand utilization of small local businesses on the Project, and to facilitate the ability of allContractors to meet their employment needs. 3.3.2The Unions will exert their best efforts to recruit and refer sufficient numbersof skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unionswill work with their affiliated regional and national unions, and jointly with the Community Workforce Coordinator and others designated by the City, to identify and refer competent craft personsas needed for Project Work, and to identify and hire individuals, particularly residents of theCity, for entrance into Joint Labor/Management apprenticeship programs, or to participation inother identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City. 3.3.3The Union shall not knowingly refer an employee currently employed by a Contractor on Project Work to any other Contractor. Section 3.4 Non-Discrimination in Referral, Employment, and Contracting:The Unions and Contractors agree that they will not discriminate against any employee orapplicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status, or disability. Further, it is recognized that the Cityhas certain policies, programs, and goals for the utilization of local small businessenterprises. The Parties shall jointly endeavor to assure that these commitments are fully met,and that any provisions of this Agreement which may appear to interfere within a local and smallbusiness enterprises successfully bidding for work within the scope of this Agreement shall becarefully reviewed, and adjustments made as may be appropriate and agreed upon among theParties, to ensure full compliance with the spirit and letter of the City’s policies andcommitment to its goals for the significant utilization of local and small businesses as direct Contractors or suppliers for Project Work. Section 3.5 Employment of CityAreaResidents: 3.5.1The Unions and Employers agree that, to the maximum extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft “Local Residents” as defined herein, to fulfill the requirements of the Employers.In recognition of the fact that the Cityand the communities surrounding Project Work will be impacted by the construction of the Project, the parties agree to support the hiring of workers from the residents of these surrounding areas (“Area Residents”), as well as Veterans.Towards that end, the Unions agree that they will exert their best efforts to encourage and provide referrals and utilization of qualified workers: City of San Luis Obispo10Community WorkforceAgreement 3.5.1.1First,Area Residents residing in those first-tier zip codes which cover the City of San Luis Obispo, as reflected on the attached list of zip codes as reflected on Attachment “B”,as well as Veterans, regardless of where they reside; 3.5.1.2If the Unions cannot provide the Employers in the attainment of a sufficient number of qualified workersfrom paragraph 3.5.1.1, above, the Unions will exert their best efforts to then recruit and identify for referral qualified workersresiding within theCounty of San Luis Obispo. 3.5.1.3If the Unions still have not provided the Employers in the attainment of a sufficient number of qualified workers from paragraphs 3.5.1.1 and 3.5.1.2, above, the Unions will then exert their best efforts to recruit and identify for referral qualified workersresiding within Santa Barbara and Venturacounties. 3.5.1.4 Qualified workers residing within any of these three (3) areas described above, as well as Veterans, regardless of where they reside, shall be referred to as Local Residents. 3.5.2A goal of 30% of all of the construction laborhours workedon the Project shall be from Local Residents.To facilitate the dispatch of Local Residents, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any ProjectWork, a sample of which is attached as Attachment “C.” 3.5.3The Community Workforce Coordinator shall work with the Unions and Contractorsin the administration of this Local Residentpreference; and the Contractors and Unions shallcooperate by maintaining adequate records to demonstrate to the Community Workforce Coordinator thatsuchpreferences have been pursued. 3.5.4Hours worked by residents of states other than California shall not be included in the calculation of total hours of Project Work for purposes of the percentage requirements set forth above. Section 3.6Helmets to Hardhats:The Employers and the 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. The 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.For purposes of this Agreement,the term “Eligible Veteran” shall have the same meaning as the term “veteran”as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re-codified from time to time. It shall be the responsibility of each qualified Cityresident to provide the Unions with proof of his/her status as an Eligible Veteran. City of San Luis Obispo11Community WorkforceAgreement The Unions and Employers 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. Section 3.7Time for Referral:If any Union’s registration and referral systemdoes not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excludingSaturdays, Sundays, and holidays), that Contractor may use employment sources other than theUnionregistration and referral services and may employ applicants meeting such standards fromany other available source.The Contractorsshall inform the Union of any applicantshired from other sourceswithin forty-eight (48) hours of such applicant being hired, and such applicants shall register with the appropriate hiring hall, ifany, prior to commencing work on the Project. Section 3.8Lackof Referral Procedure:If a signatory Union does nothave a job referral system as set forth in Section 3.3 above, the Contractors shall give the Unionequal opportunity to refer applicants. The Contractors shall notify the Union of employees sohired, as set forth in Section 3.5. Section 3.9Union Membership:No employee covered by this Agreement shall be required to join any Union as a condition of being employed, or remaining employed, for the completion of Project Work; provided, however, that any employee who is a member of the referring Union at the time of referral shall maintain that membership in good standing while employed under this Agreement.All employees shall, however, he required to comply with the union security provisions of the applicable MLA, for the period during which they areperforming on-site Project Work to the extent, as permitted by law, of rendering payment of an amount equal to the applicable monthly window and working dues uniformly required for membership in the Union. Section 3.10Individual Seniority:Except as provided in Section4.3, individual seniority shall not be recognized or applied toemployees working on theProject; provided, however, that group and/or classification seniority in a Union’sMLA, as of the effective date of this Agreement shall he recognized for purposes of layoffs. Section 3.11Foremen:The selection and number of craft foreman and/orgeneral foreman shall be the responsibility of the Contractor.All foremen shall take ordersexclusively from the designated Contractor representatives. Craft foreman shall be designatedas working foreman at the request of the Contractors. ARTICLE 4 UNION ACCESS AND STEWARDS Section 4.1 Access to Project Sites:Authorized representatives of the Unionshall have access to Project Work, provided that they do not interfere with the work ofemployees and further provided that such representatives fully comply with posted visitor,security, and safety rules. City of San Luis Obispo12Community WorkforceAgreement Section 4.2 Stewards: 4.2.1Each signatory Union shall have the right to dispatch a workingjourneyperson as a steward for each shift and shall notify the Contractor in writing of theidentity of the designated steward or stewards prior to the assumption of such person’s duties assteward. Such designated steward or stewards shall not exercise any supervisory functions.There will be no non-working stewards. Stewards will receive the regular rate of pay for theirrespective crafts. 4.2.2In addition to his/her work as an employee, the steward should have theright to receive, but not to solicit, complaints or grievances and to discuss and assist in theadjustment of the same with the employee’s appropriate supervisor. Each steward should heconcerned only with the employees of the steward’sContractor and, if applicable,subcontractor(s), and not with the employees of any other Contractor.A Contractor will notdiscriminate against the steward in the proper performance of his/her Union duties. 4.2.3When a Contractor has multiple, non-contiguous work locations at one site,the Contractor may request, and the Union shall appoint such additional working stewards as the Contractor requests to provide independent coverageof one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. 4.2.4The stewards shall not have the right to determine when overtime shall beworked or who shall work overtime. Section4.3Steward Layoff/Discharge:The relevant Contractor agrees tonotify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in thecase of disciplinary discharge for just cause. If the steward is protected against such layoff bythe provisions of the applicable MLA, such provisions shall be recognized when thesteward possesses the necessary qualifications to perform the remaining work. In any case inwhich the steward is discharged or disciplined for just cause, the appropriate Union will benotified immediately by the Contractor, and such discharge or discipline shall not become final(subject to any later filed grievance) until twenty-four (24) hours after such notice hasbeengiven. Section 4.4Employees on Non-Project Work:On work where the personnelof the Citymay be working in close proximity to the construction activities covered by thisAgreement, the Union agrees that the Union representatives, stewards, and individual workerswill not interfere with the Citypersonnel, or with personnel employed by the any otheremployer not a Party to this Agreement. ARTICLE 5 WAGES AND BENEFITS Section 5.1 Wages:All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that City of San Luis Obispo13Community WorkforceAgreement rate as of its effective date under the law. Notwithstanding any other provision of this Agreement, this Agreement does not relieve Contractors directly signatory to one or more of the Master Labor Agreements from paying all wages set forth in such Agreements. Section 5.2 Benefits: 5.2.1Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate MLA, and make all employee authorized deductions in the amounts designated in the appropriate MLA; provided, however, that such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. Notwithstanding any other provision of this Agreement, Contractors directly signatory to one or more of the Master Labor Agreementsare required to make allcontributions set forth in those Master Labor Agreementswithout reference to the forgoing. Bona fide benefit planswith joint trusteesor authorized employee deduction programsestablished or negotiated under the applicable MLA, or by the Parties tothis Agreement during the life of this Agreement may be added. 5.2.2The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. 5.2.3Each Contractor and subcontractor is required to certify to the Community Workforce Coordinator that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the Community Workforce Coordinator, the Community Workforce Coordinator shallwork with any prime Contractor or subcontractor who is delinquent in payments to assure thatproper benefit contributions are made, to the extent of requesting the Cityor the primeContractor to withhold payments otherwise due such Contractor, until such contributions havebeen made or otherwise guaranteed. Section 5.3 Wage Premiums:Wage premiums, including but not limited topay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable towork under this Agreement, except to the extent provided for in any applicable prevailing wage determination. Section 5.4 Compliance with Prevailing Wage Laws:The Parties agree thatthe Community Workforce Coordinator shall monitorthe compliance by all Contractors and subcontractorswith all applicable federal and state prevailing wage laws and regulations, and that suchmonitoring shall include Contractors engaged in what would otherwise be Project Work but forthe exceptions to Agreement coverage in Section 2.2. All complaints regardingpossible prevailing wage violations shall be referred to the Community Workforce Coordinator forprocessing, investigation, and resolution, and if not resolved within thirty (30) calendar days, may be referred by any party to the state labor commissioner. City of San Luis Obispo14Community WorkforceAgreement ARTICLE 6 WORK STOPPAGES AND LOCK-OUTS Section 6.1No Work Stoppages or Disruptive Activity:The Council and theUnions agree that neither they, and each of them, nor their respective officersor agents or representatives, shall incite or encourage, condone or participate in any strike,walk-out, slow-down, picketing, observing picket lines or other activity of any nature or kindwhatsoever, for any cause or dispute whatsoever with respect to orin any way related to ProjectWork, or which interferes with or otherwise disrupts Project Work, or with respect to or relatedto the Cityor Contractors or subcontractors,including, but not limited to economic strikes,unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whetheror not the underlying dispute is subject to arbitration. Any such actions by the Council, or Unions, or theirmembers, agents, representatives or the employees they represent shall constitute a violation ofthis Agreement. The Council and the Union shall take all steps necessary to obtain compliancewith this Article and neither should be held liable for conduct for which it is not responsible. Section 6.2 Employee Violations:The Contractor may discharge anyemployee violating Section 6.1 above and any such employee will not be eligible for rehire underthis Agreement. Section 6.3 Standing to Enforce:The City, the Community Workforce Coordinator,or any Contractor affected by an alleged violation of Section 6.1 shall have standing and theright to enforce the obligations established therein. Section 6.4Expiration of MLAs:If the MLA, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 6.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected: 6.4.1Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates andemployer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union’s interim agreement offered to Contractors willbe no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in San Luis ObispoCounty. 6.4.2Each of the Unions with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new MLA, local, regional or other City of San Luis Obispo15Community WorkforceAgreement applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase establishedby such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees. 6.4.3Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph 6.4.1,above and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph 6.4.2,above. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week afterthe Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected the retroactivity option offered under paragraph 6.4.2,above. Section 6.5 No Lockouts:Contractors shall not cause, incite, encourage,condone or participate in any lock-out of employees with respect to Project Work during theterm of this Agreement. The term “lock-out”refers only to a Contractor’s exclusion ofemployees in order to secure collective bargaining advantage, and does not refer to the discharge,termination or layoff of employees by the Contractor for any reason in the exercise of rightspursuant to any provision of this Agreement, or any other agreement, nor does “lock-out”includethe City’s decision to stop, suspend or discontinue any Project Work or any portion thereof forany reason. Section 6.6Best Efforts to End Violations: 6.6.1If a Contractor contends that there is any violation of this ArticleorSection7.3, it shall notify, in writing, theExecutive Secretary of the Council, the Senior Executive of the involved Union(s) and theCommunity Workforce Coordinator. The Executive Secretary and the leadership of the involved Union(s)will immediately instruct, order and use their best efforts to cause the cessation of any violationof the relevant Article. 6.6.2If the Union contends that any Contractor has violated this Article, it willnotify the Contractor and the Community Workforce Coordinator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 6.8.The Community Workforce Coordinator shall promptly order the involvedContractor(s) to cease any violation of the Article. Section 6.7Withholding of services for failure to pay wages and fringe benefits: Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor whofails to timely pay its weekly payroll; orfails to make City of San Luis Obispo16Community WorkforceAgreement timely payments to the Union’s Joint Labor/Management Trust Funds in accordance with the provisions of the applicable Master Labor Agreements. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’sMLA, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractorand the City.Union will meet within the ten (10) day period to attempt to resolve the dispute. 6.7.1Upon the payment of the delinquent Contractor of all monies dueand then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work. Section 6.8Expedited Enforcement Procedure:Any party, including the City,which is an intended beneficiary of this Article, or the Community Workforce Coordinator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 6.1, 6.5 or Section 7.3 is alleged. 6.8.1The party invoking this procedure shall notifyLou Zigman, who has been selected by the negotiating Parties, and whom the Parties agree shall be the permanent arbitrator under this procedure. If the permanent arbitrator is unavailable at any time,the party invoking this procedure shall notify one of the alternates selected by the Parties, in that order on an alternating basis. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand- delivery or overnight mail and will be deemed effective upon receipt. 6.8.2Upon receipt of said notice, the arbitrator named above,or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Council of the involved Union(s) and/or Contractor. 6.8.3The arbitrator shall notify the Parties of the place and time chosen for this 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 or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator. 6.8.4Thesole issue at the hearing shall be whether or not a violation of Sections 6.1, 6.5orSection 7.3has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages. The Award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without an opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of theArticle and other appropriate relief, and such Award, upon issuance, shall be served on all Parties by hand or registered mail. City of San Luis Obispo17Community WorkforceAgreement 6.8.5Such Award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreementand all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other party. In any judicial 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 by delivery to their address as shown on this Agreement(for a Union), as shown in their business contract for work under this Agreement(for a Contractor) and to the representingUnion (for an employee), by certified mail by the Party or Parties first alleging the violation. 6.8.6Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue. 6.8.7The fees and expenses of the arbitrator shall be equally divided between the party or Parties initiating this procedure and the respondent Party or Parties. ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES Section 7.1 Assignment of Work:The assignment of ProjectWork will be solelythe responsibility of the Employer 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 7.2ThePlan: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. 7.2.1If a dispute arising under this Article involves the Southwest Regional Council of Carpenters 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 applicable Building and Construction Trades Council within fourteen (14)days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan. Section 7.3No Work Disruption Over Jurisdiction: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.Individuals violating this section shall be subject to immediate discharge. City of San Luis Obispo18Community WorkforceAgreement Section 7.4Pre-Job Conferences:As provided in Article 14,each Employer will conduct a pre-job conference with the Council prior to commencing work. The Primary Employer and the Owner 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. Section 7.5Resolution of Jurisdictional Disputes:If any actual or threatenedstrike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advisingthe public that a labor dispute exists, or interference with the progress of Project Work by reasonof a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited proceduresset forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 6above. ARTICLE 8 MANAGEMENT RIGHTS Section 8.1 Contractor and CityRights:The Cityand the Contractor retains the full and exclusive authority for the management of its operations, as set forth in this Article, unless expressly limited or required by the other Articles of this Agreement or an MLA. In addition to the following and otherrights of the Contractors enumerated in thisAgreement, the Contractors expressly reserve their management rights and all the rightsconferred upon them by law. The Contractor’s rights include, but are not limited to, the right to: 8.1.1Plan, direct and control operations of all work; 8.1.2Hire, promote, transfer and layoff their own employees, respectively, asdeemed appropriate to satisfy work and/or skill requirements; 8.1.3Promulgate and require all employees to observe reasonable job rulesand security and safety regulations; 8.1.4Discharge, suspend or discipline their own employees for just cause; 8.1.5Utilize, in accordance with Cityapproval, any work methods,procedures or techniques, and select, use and install any types or kinds of materials, apparatusor equipment, regardless of source of manufacture or construction; assign and schedule workat their discretion; and 8.1.6Assign overtime, determine when it will be worked, and the number andidentity of employees engaged in such work, subject to such provisions in the applicableMLA(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner. Section 8.2 Specific CityRights:In addition to the following and otherrights of the City enumerated in this Agreement, the Cityexpressly reserves itsmanagement rights and all the rights conferred on it by law. The City’s rights (and those ofthe Community Workforce Coordinatoron its behalf) include but are not limited to the right to: City of San Luis Obispo19Community WorkforceAgreement 8.2.1Inspect any construction site or facility to ensure that the Contractorfollows the applicable safety and other work requirements; 8.2.2Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at particular locations; 8.2.3At its sole option, terminate, delay and/or suspend any and all portions ofthe ProjectWork at any time; prohibit some or all work on certain days or during certain hoursof the day to accommodate the ongoing operations of the City’s educational facilities and/orto mitigate the effect of ongoing Project Work on businesses and residents in the neighborhoodof the Project site; and/or require such other operational or schedule changes it deems necessary,in its sole judgment, to effectively maintain its primary mission and remain a good neighbor tothose in the area of its facilities. (In order to permit the Contractors and Unions to makeappropriate scheduling plans, the Citywillprovide the Community Workforce Coordinator, and theaffected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant tothis section; provided, however, that if notice is not provided in time to advise employees not to report for work, show-up pay shall be due pursuant to the provision of Article 6, Section 6.6); 8.2.4Approve any work methods, procedures and techniques used byContractors whether or not these methods, procedures or techniques are part of industry practicesor customs; and 8.2.5Investigate and process complaints, through its Community Workforce Coordinator, in the matter set forth in Articles 6and 9. Section 8.3 Use of Materials:There should be no limitations or restriction byUnion upon a Contractor’s choice of materials or design, nor, regardless of source or location,upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated,prefinished, or preassembled materials, tools or other labor saving devices, subject to theapplication of the State Public Contracts and Labor Codes as required by law in reference tooffsite construction. Generally, the onsite installation or application of such items shall beperformed by the craft having jurisdiction over such work. The Cityand its Community Workforce Coordinator shall advise all Contractors of, and enforce as appropriate, the off-site applicationof the prevailing wage law as it affects Project Work. Section 8.4Special Equipment, Warranties and Guaranties: 8.4.1The Parties recognize that the Contractor will initiate from time to timethe use of new technology, equipment, machinery, tools, and other labor-savings devices andmethods of performing Project Work.The Union agrees that they will not restrict theimplementation of such devices or work methods. The Unions will accept and will not refuse tohandle, install or work with any standardized and/or catalogue: parts, assemblies, accessories,prefabricated items, preassembled items, partially assembled items, ormaterials whatever theirsource of manufacture or construction. City of San Luis Obispo20Community WorkforceAgreement 8.4.2If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 9. ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES Section 9.1Cooperation and Harmony on Site: 9.1.1This Agreement is intended to establish and foster continued closecooperation between management and labor. The Council shall assign a representative to thisProject for the purpose of assisting the Unions, and working with the Community Workforce Coordinator, together with the Contractors, to complete the construction of the Projecteconomically, efficiency, continuously and without any interruption, delays or work stoppages. 9.1.2The Community Workforce Coordinator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuousand uninterrupted performance Project Work, and agree to resolve disputes in accordance withthe grievance provisions set forth in this Article or, as appropriate, those of Article 6or 7. 9.1.3The Community Workforce Coordinator shall oversee the processing of grievancesunder this Article and Articles 7, including the scheduling and arrangements of facilitiesformeetings, selection of the arbitrator from the agreed-upon panel to hear the case, and anyother administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met. Section 9.2 Processing Grievances :Any questions arising out of and duringthe term of this Agreement involving its interpretation and application, which includes applicableprovisions of the MLAs, but not jurisdictional disputes or alleged violations of Section 6.1 and 6.5and similar provisions, shall be considered a grievance and subject toresolution under the following procedures. Step 1.Employee Grievances:When any employee subject to theprovisions of this Agreement feels aggrieved by an alleged violation of this Agreement, theemployee shall, through his Union business representative or, job steward, within ten (10)working days after the occurrence of the violation, give notice to the work site representative ofthe involved Contractor stating the provision(s) alleged to have been violated. A businessrepresentative of the Union or the job steward and the work site representative of theinvolved Contractor shall meet and endeavor to adjust the matter within ten (10) working daysafter timely notice has been given. If they fail toresolve the matter within the prescribed period,the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievanceprocedure provided the grievance is reduced to writing, setting forth the relevant information,including a short description thereof, City of San Luis Obispo21Community WorkforceAgreement the date on which the alleged violation occurred, and theprovision(s) of the Agreementalleged to have been violated. Grievances and disputes settled atStep 1 shall be non-precedential except as to the parties directly involved. Union or Contractor Grievances:Should the Union(s) or any Contractor have adispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in 1(a) above for the adjustment of an employee complaint. Step 2.The business manager of the involved Union or his designee,together with the site representative of the involved Contractor, and the labor relationsrepresentative of the Community Workforce Coordinator, shall meet within seven (7) working days of thereferral of the dispute to this second step to arrive at a satisfactory settlement thereof. If theParties fail to reach an agreement, the dispute may be appealed in writing in accordance with theprovisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2. Step 3.(a) If the grievance shall have been submitted but notresolved under Step 2, either the Union or Contractor Party may request in writing to the Community Workforce Coordinator (with copy (ies) to the other Party (ies)) within seven (7) calendar days afterthe initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from theagreed upon list below, on a rotational basis in the order listed. Those arbitrators are: (1) Louis Zigman; (2) Sara Adler; (3)Fredric Horowitz;(4) Edna Francis; (5) William Rule; (6) Walt Daugherty; and (7) Michael Rappaport.The decision of the arbitrator shall be final and binding on all Parties and the fee and expenses of such arbitrations shall be borne equally bythe involved Contractor(s) and the involved Union(s). (b) Failure of the grieving Party to adhere to the time limits establishedherein shall render the grievance null and void. The time limits established herein may beextended only by written consent of the Parties involved at the particular step wherethe extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from anyof the provisions of this Agreement. (c)The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e.,conference room, court reporter, etc.)in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved. Section 9.3Limit on Use of Procedures:Procedures contained in this Articleshall not be applicable to any alleged violation of Articles 6or 7, with a single exception that anyemployee discharged for violation of Section 6.2, or Section 7.3, may resortto the procedures of this Article to determine only if he/she was, in fact, engaged in thatviolation. Section 9.4 Notice:The Community Workforce Coordinator (and the City, in thecase of any grievance regarding the Scope of this Agreement)shall be notified by the involvedContractor of City of San Luis Obispo22Community WorkforceAgreement all actions at Steps 2 and 3, and further, the Community Workforce Coordinator shall, uponits own request, be permitted to participate fully as a party in all proceedings at such steps. ARTICLE 10 REGULATORY COMPLIANCE Section10.1Compliance with All Laws: The Council and all Unions,Contractors, subcontractors and their employed shall comply with all applicable federal andstate laws, ordinances and regulations including, butnot limited to, those relating to safetyand health, employment and applications for employment. All employees shall comply withthe safety regulations established by the City, the Community Workforce Coordinator or theContractor. Employees must promptly report any injuries or accidents to a supervisor. Section 10.2 Monitoring Compliance:The Parties agree that the Cityshallrequire, and that the Community Workforce Coordinator and Council shall monitor, compliance by allContractors and subcontractors with all federal and state laws regulation that, from time to timemay apply to Project Work. It shall be the responsibility of both the Council and the Community Workforce Coordinator (on behalf of the City) to investigate or monitor compliance with thesevariouslaws and regulations. The Council may recommend to the Community Workforce Coordinatorand/or the Cityprocedures to encourage and enforce compliance with these laws andregulations. Section 10.3Prevailing Wage Compliance:The Council or Union shall referall complaints regarding any potential prevailing wage violation to the Community Workforce Coordinator, who on its own, or with the assistance of the City’s labor compliance program,shall process, investigate and resolve such complaints, consistent with Article 5, Section 5.4.The Council or Union, as appropriate, shall be advised in a timely manner with regard to thefacts and resolution, if any, of any complaint.It is understood that this Section does notrestrict any individual rights as established under the State Labor Code, including the rights ofan individual to file a complaint with the State Labor Commissioneror to file a grievance for such violation under the grievance procedure set forth in this Agreement. Section 10.4Violations of Law:Based upon a finding of violation by theCityof a federal and state law, and upon notice to the Contractor that it or its subcontractorsare in such violation, the City, in the absence of the Contractor or subcontractor remedyingsuch violation, shall take such action as it is permitted by law or contract to encourage thatContractor to come into compliance, including, but not limited to, assessing fines and penalties,and/or removing the offending Contractor from Project Work. Additionally, in accordance withthe Agreement between the City and the Contractor, the Citymay cause the Contractor toremove from Project Work any subcontractor who is in violation of state or federal law. City of San Luis Obispo23Community WorkforceAgreement ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY Section 11.1Safety: 11.1.1It shall be the responsibility of each Contractor to ensure safe workingconditions and employee compliance with any safety rules contained herein or established by theCity, the Community Workforce Coordinator or the Contractor. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City. 11.1.2Employees shall be bound by the safety, security and visitor rulesestablished by the Contractor, the Community Workforce Coordinator and/or the City.These rules willbe published and posted. An employee’s failure to satisfy his/her obligations under this sectionwill subject him/her to discipline, up to and including discharge. 11.1.3The Parties to this Agreement adopt the Tri Counties Counties Building and Construction Trades Council Approved Drug and Alcohol Testing Policy, a copy of which is attached hereto as Attachment “D,”and which shall be the policy and procedure utilized under this Agreement. Section 11.2Suspension of Work for Safety:AContractor may suspend all or aportion of the job to protect the life and safety of employees. In such cases, employees will becompensated only for the actual time worked; provided, however, that where the Contractorrequests employees to remain at the site and be available for work, the employees will becompensated for stand-by time at their basic hourly rate of pay. Section 11.3Water and Sanitary Facilities:The Contractor shall provideadequate supplies of drinking water and sanitary facilities for all employees as required bystate law or regulation. ARTICLE 12 TRAVEL AND SUBSISTENCE Travel expenses, travel time, subsistenceallowances,zone rates and parking reimbursements shall be paid in accordance with the applicable MLA unless superseded by the applicable prevailing wagedetermination. ARTICLE 13 APPRENTICES Section 13.1 Importance of Training:The Parties recognize the need tomaintaincontinuing support of the programs designed to develop adequate numbers ofcompetent workers in the construction industry, the obligation to capitalize on the availability ofthe local work force in the area served by the City, and theopportunities to providecontinuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents to City of San Luis Obispo24Community WorkforceAgreement commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation insuch apprenticeship programs. The City, the Community Workforce Coordinator, other Cityconsultants, and the Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeshipprograms maintained by the signatory Unions. Section 13.2Use of Apprentices: 13.2.1Apprenticesused on Projects under this Agreement shall be registered inJoint Labor Management Apprenticeship Programs approved by the State of California.Apprentices may comprise up to thirty percent (30%) of each craft’s work force at any time,unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”),establish a lower or higher maximum percentage, and where such is the case, theapplicable Union should use its best efforts with the Joint Labor Managementapprenticeship committee and, if necessary, theDASto permit up to thirty percent (30%) apprentices on the Project. 13.2.2The Unions agree to cooperate with the Contractor in furnishingapprentices as requested up to the maximum percentage. The apprentice ratio for each craft shallbe in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The Cityshall encourage such utilization, and, both as toapprentices and the overall supply of experienced workers, the Community Workforce Coordinator will work with the Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons. 13.2.3The Parties agree that apprentices will not be dispatched to Contractorsworking under this Agreement unless there is a journeyman working on the project where the apprentice is to be employed who is qualified to assist andoversee the apprentice’sprogress through the program in which he is participating. 13.2.4All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 \[apprenticeship\], Section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of workexperience and all other requirements in the craft which has workers classified as journeyman in the apprenticeship occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Construction Manager and the Council. ARTICLE 14 PRE-JOB CONFERENCES Each Prime Contractor will conduct a pre-job conference with the Unions not later than fourteen (14) calendar days prior to commencing work for each stage of the Project. Each Contractor City of San Luis Obispo25Community WorkforceAgreement conducting a pre-job shall notify the Council and all subcontractors of all tiers, who shall participate in such conferences, ten (10) days in advance of all such conferences. The purpose of the conference will be to, among other things, determine craft manpower needs, schedule of work for the contract and project work rules/owner rules. The Council, the Project Labor Coordinator, and the Cityshall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Prime Contractor and all Contractors at thepre-job conference. Should there be Project Work that was not previously discussed at the pre-job conference, or additional project work be added, the contractors performing such work will conduct a separate pre-job conference for such newly included work. Any Union in disagreement with the proposed assignment shall notify the Contractor of its position in writing, with a copy to Project Labor Coordinator, within seven (7) calendar days thereafter. Within seven (7) calendar days after the period allowed for Union notices of disagreement with the Contractor’s proposed assignments, but prior to the commencement of any work, the Contractor shall make final assignments in writing with copies to the Council and to the Project Labor Coordinator. ARTICLE 15 LABOR/MANAGEMENT COOPERATION Section 15.1Joint Committee:The Parties to this Agreement shall establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the Cityand three (3) representatives selected by the Council to monitor compliance with the terms and conditions of this Agreement. Each representative shall designate an alternate who shall serve in his or her absencefor any purpose contemplated by this Agreement. Section 15.2Functions of Joint Committee:The Committee shall meet on aschedule to be determined by the Committee or at the call of the joint chairs, to discuss theadministration of the Agreement, the progress of the Project, general labor managementproblems that may arise, and any other matters consistent with this Agreement. Substantivegrievances or disputes arising under Articles 6,7or 9shall not be reviewed or discussed by thisCommittee but shall be processed pursuant to the provisions of the appropriate Article.The Community Workforce Coordinator shall be responsible for the scheduling of themeetings, the preparation of the agenda topics for the meetings, with input from the Unions theContractors and the City.Notice of the date, time and place of meetings, shall be given to theCommittee members at least three (3) days prior to the meeting. The Cityshould be notifiedof the meetings and invited to send a representative(s) to participate.The Community Workforce Coordinator shall prepare quarterly reports on apprenticeutilization and the training and employment of Cityresidents, and a schedule of ProjectWork and estimated number of craft workers needed. The Committee or an appropriatesubcommittee, may review such reports and make any recommendations for improvement, ifnecessary, including increasing the availability of skilled trades, and the employment of localresidents or other individuals who should be assisted with appropriate training to qualify forapprenticeship programs. City of San Luis Obispo26Community WorkforceAgreement ARTICLE 16 SAVINGS AND SEPARABILITY Section 16.1 Savings Clause:It is not the intention of the City, the Community Workforce Coordinator, Contractor or the Union parties to violate any laws governing the subjectmatter of this Agreement. The Parties hereto agree that in the event any provision of thisAgreement is finally held or determined to be illegal or void as being in contravention of anyapplicable law or regulation, the remainder of the Agreement shall remain in full force and effectunless the part or parts so found to be void are wholly inseparable from the remaining portions ofthis Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement isfinallyheld or determined to be illegal or void by a court of competent jurisdiction, the Partieswill promptly enter into negotiations concerning the substantive effect of such decision for thepurposes of achieving conformity with the requirements of any applicable laws and the intent ofthe Parties hereto. If the legality of this Agreement is challenged and any form of injunctiverelief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of anyProject Work. Section 16.2Effect of Injunctions or Other Court Orders:The Parties recognizethe right of the Cityto withdraw, at its absolute discretion, the utilization of the Agreement aspart of any bid specification should a Court of competent jurisdiction issue any order, or anyapplicable statute which could result, temporarily or permanently in delay of the bidding,awarding and/or construction on the Project. Notwithstanding such an action by the City, orsuch court order or statutory provision, the Parties agree that the Agreement shall remain in fullforce and the fact on covered Project Work to the maximum extent legally possible. ARTICLE 17 WAIVER A waiver of or a failure to assert any provisions of this Agreement by any or all ofthe Parties hereto shall not constitute a waiver of such provision for the future. Any such waivershall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder. ARTICLE 18 AMENDMENTS The provisions of this Agreement can be renegotiated, supplemented, rescinded orotherwise altered only by mutual agreement in writing, hereafter signed by the negotiatingParties hereto. ARTICLE 19 DURATION OF THE AGREEMENT Section 19.1Duration: City of San Luis Obispo27Community WorkforceAgreement 19.1.1This Agreement shall be effective from the date signed by all Parties and shall remain in effect for a period of five (5) years and shall continue in effect from year to year thereafter unless either Party provides written notice of its intent to terminate,sent no earlier than ninety (90) days or later than sixty (60) days prior to the termination date or successor termination date. Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement.Any covered Project awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project, notwithstanding the expiration date of this Agreement. 19.1.2This Agreement may be extended by mutual consent of the Cityandthe Unions for such further periods as the Parties shall agree to. Section 19.2Turnover and Final Acceptance of Completed Work: 19.2.1Construction of any phase, portion, section, or segment of Project Workshall be deemed complete when such phase, portion, section or segment has been turned over tothe City by the Contractor and theCityhas accepted such phase, portion, section, orsegment. As areas and systems of the Project are inspected and construction-tested and/orapproved and accepted by the Cityor third parties with the approval of the City, theAgreement shall have no further force or effect on such items or areas, except when theContractor is directed by the Cityto engage and repairs or modifications required by itscontract(s) with the City. 19.2.2Notice of each final acceptance received by the Contractor will beprovided to the Council with the description of what portion, segment, etc. has been accepted.Final acceptance may be subject to a “punch”list, and in such case, the Agreement will continueto apply to each such item on the list until it is completed to the satisfaction of the CityandNotice of Acceptance is given by the Cityor its representative to the Contractor. At therequest of the Union, complete information describing any “punch”list work, as well as anyadditional work required of a Contractor at the direction of the Citypursuant to (a) above,involving otherwise turned-over and completed facilities which have been accepted by theCity, will be available from the Community Workforce Coordinator. IN WITNESS whereof the Parties have caused this Continuity of Work Agreement to be executed as of the date and year above stated. CITY OF SAN LUIS OBISPOTRI COUNTIESCOUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL By: ________________________________ By: ________________________________ Tony Skinner, Executive Secretary Dated: ___________________________Dated: ___________________________ City of San Luis Obispo28Community WorkforceAgreement TRI-COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS Asbestos Heat & Frost Insulators (Local 5) _________________________ Boilermakers (Local 92) _________________________ Bricklayers & Allied Craftworkers (Local 4) _________________________ Cement Masons (Local 600) _________________________ Electricians (Local 952) _________________________ Elevator Constructors (Local 18) _________________________ Iron Workers (Reinforced –Local 416) _________________________ Iron Workers (Structural –Local 433) _________________________ Laborers (Local 585) _________________________ Operating Engineers (Local 12) _________________________ Operating Engineers (Local 12) _________________________ Operating Engineers (Local 12) _________________________ Painters & Allied Trades DC 36 _________________________ Pipe Trades (Local 484) _________________________ Pipe Trades (Local 345) _________________________ Pipe TradesDistrict Council No. 16_________________________ Pipe Trades (Sprinkler Fitters Local 669) _________________________ Plasterers (Local 200) _________________________ Roofers & Waterproofers (Local 36) _________________________ Sheet Metal Workers (Local 104) _________________________ Teamsters (Local 186) _________________________ Southwest Regional Council ofCarpenters _________________________ City of San Luis Obispo29Community WorkforceAgreement ATTACHMENT A LETTER OF ASSENT To be signed by all contractors awarded work covered by the Community Workforce Agreement prior to commencing work. \[Contractor’s Letterhead\] Community Workforce Coordinator ------------------------------- ------------------------------- Attn: __________________ Re:Cityof San Luis Obispo, Water Resource Recovery Facility Project, Community Workforce Agreement-Letter of Assent Dear Sir: This is to confirm that \[name of company\] agrees to be party to and bound by the City of San Luis Obispo, Water Resource Recovery Facility Project,Community Workforce Agreement effective _______, 2018, as such Agreement may, fromtime to time,be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the Agreement undertaken by this Company on the project and this Company shall require all of itscontractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical Letter of Assent prior totheir commencement of work. Sincerely, \[Name of Construction Company\] By: ________________________________ Name: ________________________________ Title: ________________________________ Contractor State License No. ________________________________ Project: _____________________________ \[Copies of this letter must be submitted to the Community Workforce Coordinator and to the Council per Section 2.4.2\] City of San Luis Obispo30Community WorkforceAgreement ATTACHMENT B Local Resident Zip Codes (Tier 1) \[Cityof San Luis Obispo\] 934019340693409 934039340793410 9340593408 (Tier 2) \[Remaining zip codes in the County of San Luis Obispo\] (Tier 3) \[All zip codes in the Santa Barbara and Venturacounties\] City of San Luis Obispo31Community WorkforceAgreement ATTACHMENT C CITY OF SAN LUIS OBISPO WATER RESOURCE RECOVERY FACILITY PROJECT CRAFT REQUEST FORM Please complete and fax this form to the applicable unionto request craft workers that TO THE CONTRACTOR: fulfill the hiring requirements for this project. After faxing your request, please call the Unionto verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records. The City of San Luis Obispo, Water Resource Recovery Facility Project, Community Workforce Agreement establishes a goal that 30% of all of the construction labor hours worked on the Project shall be from qualified workers residing, as well as “Veterans,” regardless of where they reside: First, Area Residents residingin those first- , within tier zip codes which cover the City of San Luis Obispo, as reflected on the attached list of zip codes, second San Luis ObispoCounty, third, within Santa Barbara and Ventura counties. For Dispatch purposes, employees residing within any of these three (3) areas, as well as Veterans, regardless of where they reside, shall be referred to as Local Residents. TO THE UNION:Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor.Be sure toretain a copy of this form for your records. CONTRACTOR USE ONLY To:Union Local # Fax#( ) Date: Cc:Community WorkforceCoordinator From:Company: Issued By: Contact Phone: ( )Contact Fax: ( ) PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS. Number Craft ClassificationJourneymanLocal Resident of (i.e., plumber, painter, oror Report DateReportTime workers etc.)ApprenticeGeneral Dispatch needed TOTAL WORKERS REQUESTED = ______________ Please have worker(s) report to the following work address indicated below: Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions:________________________________________________________________ City of San Luis Obispo32Community WorkforceAgreement UNION USE ONLY Date dispatch request received: Dispatch received by: Classification of worker requested: Classification of worker dispatched: WORKER REFERRED Name: Date worker was dispatched: Is the worker referred a: (check all that apply) JOURNEYMANYes _____No _____ APPRENTICEYes _____No _____ LOCAL RESIDENT Yes _____No _____ GENERALDISPATCH FROM OUT OF WORK LISTYes _____No _____ \[This form is not intended to replace a Union’s Dispatch or Referral Form normally given to the employee when being dispatched to the jobsite.\] City of San Luis Obispo33Community WorkforceAgreement ATTACHMENT D TRI-COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL APPROVED DRUG AND ALCOHOL TESTING POLICY The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Employers may require applicants or employees to undergo drug and alcohol testing. 1.It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Employer’s job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (“CWA”). 2.No Employer may implement a drug testing program which does not conform in all respects to the provisions ofthis Policy. 3.No Employer may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Employer a violation of the CWA, and the Employer may not implement any form of drug testing at such jobsite for the following six months. 4.An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project to be tested. With respect to individuals who become employed on the Project subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project. 5.The following procedure shall apply to all drug testing: a. The Employer may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Employer shall draw blood from a bargaining unit employee, touch or handle urine specimens, or City of San Luis Obispo34Community WorkforceAgreement in any way become involved in the chain of custody of urine or blood specimens. A Union Representative, subject to the approval of the individual applicant or employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b.The testing shall be done by a laboratory approved by the National Institute on Drug Abuse (NIDA), which is chosen by the Employer and the Union. c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by the National Institute on Drug Abuse. Confirmed positive samples will be retained by the testing laboratory in secured long-term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d.In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by NDA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Employer between the original testing laboratory and the Union's designated laboratory.Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results the Employer may require a third test. e.If, as a result of the above testing procedure, it is determined that an applicant or employee hastested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project. f.No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project shall again be subjected to drug testing with the following exceptions: 1.Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove. 2.The Employer may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove. 3.The Employer may test an employee where the Employer has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable cause shall be defined as exhibiting aberrant or unusual behavior, the type of which City of San Luis Obispo35Community WorkforceAgreement is a recognized and accepted symptom of impairment (i.e., slurred speech, unusua1 lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Employer's payroll. g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who havebeen dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees. 6.The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions: a. The entire jobsite must be tested, including any employee or subcontractor’s employee who worked on that project three (3) working days before or after the date of the test; b.Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project; c.Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees; d.Testing shall be conducted by a N.I.D.A. certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove. e. Only two periodic tests may be performed in a twelve month period. 7.It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Employer to remove the employee from the jobsite. 8.Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA. 9.The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the City of San Luis Obispo36Community WorkforceAgreement parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision. 10.Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed the Employer shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated. 11.The Employer agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other thandesignated Employer representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion. 12.The Employer shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder. 13.Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees ormanagement personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant tocollective bargaining negotiations between the parties. City of San Luis Obispo37Community WorkforceAgreement DRUG ABUSE PREVENTION AND DETECTION APPENDIX A CUTOFF LEVELS SCREENING SCREENING CONFIRMATION CONFIRMATION DRUG METHODLEVEL **METHODLEVEL AlcoholEMIT0.02%CG/MS0.02% AmphetaminesEMIT1000 ng/m*CG/MS500 ng/ml* BarbituratesEMIT300 ng/mlCG/MS200 ng/ml BenzodiazepinesEMIT300 ng/mlCG/MS300 ng/ml CocaineEMIT300 ng/ml*CG/MS150 ng/ml* MethadoneEMIT300 ng/mlCG/MS100 ng/ml MethaqualoneEMIT300 ng/mlCG/MS300 ng/ml OpiatesEMIT2000 ng/ml*CG/MS2000 ng/ml* PCP (Phencyclidine)EMIT25 ng/ml*CG/MS25 ng/ml* THC (Marijuana)EMIT50 ng/ml*CG/MS15 ng/ml* PropoxypheneEMIT300 ng/mlCG/MS100 ng/ml *SAMHSA specifiedthreshold **AsamplereportedpositivecontainstheIndicateddrugatorabovethecutofflevel for that drug. A negative sample either contains no drug or contains a drug below the cutoff level. EMIT -EnzymeImmunoassay CC/MS -Gas Chromatography/Mass Spectrometry City of San Luis Obispo38Community WorkforceAgreement SIDE LETTER OF AGREEMENT TESTINGPOLICY FOR DRUG ABUSE It is hereby agreed between the parties hereto that an Employer who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick"drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test. An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the “quick” screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the “quick” screen test. City of San Luis Obispo39Community WorkforceAgreement