Agenda Packet — Hercules City Council, October 3, 2023

Tuesday, October 3, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
SPECIAL MEETING: In-Person in Council Chambers or
Zoom ID: 817 2975 5409
Zoom Passcode: 111617
Zoom Phone Number: 1-669-900-6833
1 October 3, 2023City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - NONE
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS - NONE
III. CONVENE INTO CLOSED SESSION - NONE
The Hercules City Council will meet in Closed Session regarding the following:

IV.

REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL [7:00 P.M.] V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION-

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS

Page 2 ends

2 October 3, 2023City Council Meeting Agenda
XII. CONSENT CALENDAR

1. 22-657 Meeting Minutes for the Regular Meeting on September 12, 2023 Meeting Minutes for the Regular Meeting on September 12, 2023Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-664 Operational and Financial Assessment for the Victoria By The Bay Landscaping & Lighting Assessment District No. 2002-1
RECOMMENDATION:

Receive a report on the operational and financial assessment for Victoria By The Bay Landscaping & Lighting Assessment District (LLAD) No. 2002-1, discuss, and provide direction to staff, if needed.

Staff Report - Baker Tilly Evaluation
Attach 1 - Baker Tilley Assessment
Attach 2 - Victoria District Boundaries
Attachments:

2. 22-661 Overview of Project Labor Agreement Requirements RECOMMENDATION:

Review and discuss report; provide direction to staff.

Staff Report - Project Labor Agreement
Attach 1 - PLA for Pinole- Hercules Wastewater Treatment Plant Project Attach 2 - City of Watsonville Municipal Code
Attach 3 - Project Stabilization Agreement for the City of El Cerrito Attachments:

Page 3 ends

3 October 3, 2023City Council Meeting Agenda
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, October 10, 2023 at 7:00 p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk at (510) 799-8200 (Posted: September 28, 2023)

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

Page 4 ends

4 October 3, 2023City Council Meeting Agenda
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a live remote public comment via Zoom video conferencing.

Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782. • Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining public comments. • Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez City Clerk at [email protected] or by calling (510) 799-8208.

All public comments will become part of the official meeting record. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

Page 5 ends

5 October 3, 2023City Council Meeting Agenda

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

Page 6 ends

6 October 3, 2023City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

Page 7 ends

7 CO

NSENT CALENDAR

AGENDA ITEMS

1. 22-657
8 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, September 12, 2023
In-Person in Council Chambers or
Zoom ID: 889 8120 8913
Zoom Passcode: 092535
Zoom Phone Number: 1 669 900 6833
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL - 6:00 P.M. 1A. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
1A. Council Member Grimsley requested to participate in the City Council meeting remotely due travel for work. City Attorney, Patrick Tang, reviewed the requirements that had to be met, based on AB 2449. It was determined that she met the criteria. Council Member Bailey made a motion for Council Member Grimsley to participate remotely per the three requirements that were explained to the Council by the City Attorney. The motion was seconded by Council Member Kelley. A roll call vote was taken by City Clerk, Eibleis Melendez, Motion passed. 4-0
1B. SPECIAL MEETING - CLOSED SESSION
When the initial roll call was taken, Council Member Grimsley was marked absent. She was marked present once the Council voted unanimously to allow her to attend the meeting remote. City Attorney, Patrick Tang, read into the record the items that were going to be discussed in Closed Session.

Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -

Page 1 ends

22-657
9 September 12, 2023City Council Meeting Minutes
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE.

III. CONVENE INTO CLOSED SESSION

1. 22-641 Conference with Legal Council - Anticipated Litigation Significant exposure to litigation pursuant to California Government Code Sec. 54956.9

2. 22-637
Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney

3. 22-638
Pursuant to Government Code Section 54957(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager
Meeting went into Recess
Meeting Reconvened
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL - 7:00 P.M.

Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Patrick Tang, noted that Council Member Grimsley requested to participate remotely. Prior to closed session, it was determined that Council Member Grimsely met the criteria to attend remotely and the Council Members voted unanimously for her to attend remotely as well as during the regular session.

City Attorney Tang, reviewed the items that were discussed in closed session. There was no final or reportable action as a result of those discussions.

VI. PLEDGE OF ALLEGIANCE
Mayor Walker-Griffin lead the Pledge of Allegiance.

VII. MOMENT OF SILENCE
Mayor Walker-Griffin requested a Moment of Silence in remembrance of the lives lost as well as the First Responders that helped in the tragic events that took place on September 11th, 2001.

Page 2 ends

10 September 12, 2023City Council Meeting Minutes
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-632 National Hispanic Heritage Month Proclamation National Hispanic Heritage Month ProclamationAttachments:

Mayor Walker-Griffin presented the National Hispanic Heritage Month Proclamation. Council Members provided comment. Sylvia Serrano accepted the Proclamation. Pictures were taken.

2. 22-633
Haley Solis Proclamation
Haley Solis ProclamationAttachments:

Mayor Walker-Griffin presented the Proclamation. Haley Solis accepted the Proclamation and thanked the Council and Community Library Services Commission for the Proclamation. Council provided comment. Pictures were taken.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
Tanya Little provided Public Comment.

This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

XI. PUBLIC HEARINGS
NONE
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

1. 22-636
Meeting Minutes for the Special Meeting on August 8, 2023

Page 3 ends

11 September 12, 2023City Council Meeting Minutes
Meeting Minutes for the Special Meeting on August 8, 2023Attachments:

APPROVED

2. 22-631 Response to Grand Jury Report No. 2306 on Affordable Housing RECOMMENDATION:

By minute order, approve a draft response letter to the Grand Jury Report and direct staff to submit the letter to the Grand Jury.

Staff Report - Hercules Response to Grand Jury Report 2306 Attach 1 - June 16, 2023 Grand Jury letter to City Council Attach 2 - Grand Jury Report No. 2306
Attach 3 - Draft Hercules Response to Grand Jury Report 2306 Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-635 Update on the Hercules Parks and Recreation Facilities Master Plan and Draft Recommendations
RECOMMENDATION:

Staff recommends that the City Council:
a) Receive a report from staff regarding the status of the Park System Master Plan
b) Discuss and provide direction on draft project recommendations and project priorities if any.

Staff Report - Update and Draft Recommendation on the Hercules Parks and Recreation Facilities Master Plan
Attach 1- Hercules PRFMP Draft Recommendations
Presentation - Hercules PRFMP
Attachments:

City Manager, Dante Hall, introduced the item. Rachel Edmonds and Cindy Mendoza from MIG presented. Public comment was taken on this item. Lynn Paleo, Richard Taylor and Tyler Darke provided public comment in person. Bob Redlo provided comment via Zoom. Council Members asked questions and provided comment. Representatives from MIG and City Manager Hall provided a response. No action was taken on this item.

2. 22-634
Negotiation Points for Solid Waste Franchise Agreement
RECOMMENDATION:

City Council:
a) Receive a report from staff regarding the recommended negotiation points for the Solid Waste Franchise Agreement with Republic Services; and
b) Discuss and provide direction on the negotiation points to staff, if any; and

Page 4 ends

12 September 12, 2023City Council Meeting Minutes
c) Authorize staff to proceed with negotiations.

Staff Report - Solid Waste Franchise Deal Points Staff ReportAttachments:

City Manager, Dante Hall, introduced and presented the item.

Representatives from Republic Services were available for comment. No public comment. Council Members asked questions and provided comment. Republic Service and Staff provided a response. Direction was provided by Council on this item. Action was taken on this item.

MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, that staff go ahead with the recommended objectives(the five bullet points) that are included in the Staff Report and also to look into pricing for ten, fifteen and twenty years. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

3. 22-630
Receive the Finance Commission’s Annual Report on Measures B and C for Fiscal Year Ending June 30, 2022
RECOMMENDATION:

Receive the Finance Commission’s Annual Report on Measures B and C for Fiscal Year Ending June 30, 2022.

Staff Report - Measure B and C Annual Report from Finance Commision
Attach 1 - Measure B and C 2022
Attachments:

FInance Director, Edwin Gato, introduced the item. Finance Commissioner, Dennis Esselsagoe presented. No public comment.

Council Members asked questions and provided comment. Director Gato provided a response. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to approve the Finance Commission's Annual Report on Measure B and C for Fiscal Year Ending June 30, 2022. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

4. 22-640
Local Small Business Preference for Goods and Services
RECOMMENDATION:

Review and discuss report; provide direction to staff.

Staff Report - Local Preference
Attach 1- Public Contracting Code Section 2002
Attach 2 - San Pablo Municipal Code 3.16.100 Local Business Preference
Attachments:

City Attorney, Patrick Tang, introduced and presented the item. No public comment. Council Members asked questions and provided comment. City Attorney Tang provided a response. Council provided direction. Action was take on this item.

Page 5 ends

13 September 12, 2023City Council Meeting Minutes
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Bailey, to have the City Attorney research the item further and report back to Council. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
XIV. PUBLIC COMMUNICATIONS
Tanya Little provided public comment.

This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
City Manager, Dante Hall, provided an update on the recent issue with the yellow jackets in City parks. He also provided an update on the We Go Swing. Parks and Recreation Director, Christopher Roke, provided an update on the progress of the installation of the swing and promoted the upcoming movie night and tree and shade structure pop up event. City Attorney, Patrick Tang, had nothing to report.

1. Regional Committees:

Council Member Kelley reported out on the Contra Costa Transportation Authority(CCTA) Presto Events.

2. City Council Committees and Subcommittees:

No reports were provided

3. Commission Liaisons:

No reports were provided
Community Events-
Council Members reported out on events they attended throughout the City and County. Mayor Walker-Griffin reported out on his recent visit to the

Page 6 ends

14 September 12, 2023City Council Meeting Minutes
White House.

Future Agenda Items-
Council Member Kelley requested that the Council have Santa Clara Valley Housing Group come back and present their lower Mello-Roos assessment for the Hilltown property and potential benefits for building at this site. City Attorney Tang, reminded Council that due to AB 2449, A motion and a Second is required. Council Member Kelley made a motion on the request, seconded by Vice Mayor Romero. A roll call vote was taken by City Clerk, Eibleis Melendez. Motion passed by the following vote:

Ayes - Council Members- T. Grimsley, C. Kelley, Vice Mayor D. Romero and Mayor A. Walker-Griffin
Noes - Council Member D. Bailey.

XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting at 10:02 P.M. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

Page 7 ends

15 DI

SCUSSION AND/OR ACTION

AGENDA ITEMS

1. 22-664

2. 22-661
16 STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of October 3, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer SUBJECT: Operational and Financial Assessment for the Victoria By The Bay Landscaping & Lighting Assessment District No. 2002-1
RECOMMENDED ACTION:

Receive a report on the operational and financial assessment for Victoria By The Bay Landscaping & Lighting Assessment District (LLAD) No. 2002 -1, discuss, and provide direction to staff, if needed.

BACKGROUND:

The City administers five separate Landscaping and Lighting Assessment Districts that encompass the Hercules city limits. Virtually all 8,000+ parcels in the City are included in one of the Districts. Each LLAD provides continued maintenance, servicing, administration, and operations of various landscape and lighting improvements . This includes well-maintained, attractive landscaping and serviceable streetlighting along public streets as well as fire breaks adjacent to open space. They also provide for the upkeep of playgrounds, fields, park furniture, tennis courts, graffiti abatement, lighting, landscaping, water features, and trails in City parks. The expenses associated with the maintenance of these LLADs include labor, material, equipment, utilities, repairs , and administration. Each property is assessed only for the cost of the improvements from which benefit is received.

The City levies and collects special assessments annually for each LLAD to fund the maintenance of these improvements in accordance with the Lighting and Landscaping Act of 1972. The amount the City can increase assessments for each LLAD each year is limited by the Bay Area Consumer Price Index (CPI), which for Fiscal Year 2023/24 is 22-664
17 5.3%. When increases larger than the maximum allowable are proposed, a Proposition 218 balloting process must be undertaken where the weighted majority of returned ballots from property owners must affirm the increase.

In May of this year 5-year financial projections were presented to City Council which indicated most of the Districts were trending positively; however, Victoria By The Bay was operating in a fund deficit which would worsen if not corrected. To address this issue, in July the City Council approved a maximum-allowable CPI increase for Fiscal Year 2023/24 for Victoria By The B ay and authorized staff to proceed with a Proposition 218 process to further increase rates which would be implemented in Fiscal Year 2024 -25.

Staff also received authorization to secure the services of an independent 3 rd party to evaluate the administrat ion and funding of the LLAD s, as the Districts now assess and collect over $3.2M annually and have been in place for approximately 20 years. Victoria By The Bay was selected as the District to evaluate, given its fund deficit, but lessons learned can be applied to all the Districts. Baker Tilley was subsequently commissioned to complete the assessment.

Victoria by the Bay consists of approximately 790 single-family detached parcels, 132 multi-family units, a City open space parcel, and 2 neighborhood parks (Victoria Park and Arbor Park). The District was established in 2002.

ANALYSIS:

In brief, Baker Tilley’s report concludes that the District is operated in an effective manner.

However, the turf planter strips between the curb and sidewalk in front of homes are inefficient to water, which when coupled with water utility rate increases, is the primary cause of the funding deficit.

To correct the funding deficit, the report recommends increasing assessments to eliminate the annual operating deficit, fully repay the General Fund loan for the fund deficit and build back reserves.

Specific recommendations are:

1. Plan to rebid the landscape contract to insure competitiveness in the next year.

Include tree trimming in the work bid since with the maturing of trees this is now a regular part of the maintenance regime.

2. Plan a turf and irrigation system replacement project for implementation once the current operations deficit and general fund loan have been paid off. Replace the turf with a no or low water surface such as decomposed granite or rock or a planting that is consistent with pedestrian traffic but uses little water and can be drip irrigated.
18 3. Explore the East Bay Municipal Utility District (EBMUD) median turf replacement rebate program to see if the City would or could qualify for the rebate support.

4. Work with the community to design the replacement project most in keeping with the needs and budget of the Victoria by the Bay community.

5. Use the incremental increase in the assessment used to pay off the general fund loan to fund the improvement project with the City advancing funds for the work if possible, to be repaid with the flow of funding from the assessment increment.

6. If assessment increases are not voted in by property owners, reduce services to stay within budget. A reduction in irrigation water and regular maintenance may lead to a significant decline in overall neighborhood aesthetics and a decline of private property values.

7. Create a position in Public Works similar to other cities to administer the LLADs given their complexity and administrative burden.

FISCAL IMPACT:

There is no financial impact associated with receiving this report. The preliminary engineer’s report including the proposed assessment rate increases will be brought to City Council for review and approval as soon as October 10.

ATTACHMENTS:

1. Baker Tilley Assessment

2. Victoria By The Bay District Boundary Map

19 Memo

To:

Dante Hall, City Manager
Mike Roberts, City Engineer/Public Works Director
From: Andrew S. Belknap, Baker Tilly
Date: September 24, 2023
Subject: Victoria By the Bay Landscaping and Lighting Assessment District 2002-1 Fiscal and Operational Assessment

Baker Tilly was asked to complete an evaluation of the subject assessment district, and possible options for more efficient operations.

I. Background on Landscaping and Lighting Assessment Districts and LLAD 2002-1

The City of Hercules uses landscaping and lighting assessment districts (LLADs) to maintain public landscaping and lighting that benefits private property across the City. This practice is fairly common across California and is typically supported by annual engineering reports that align annual costs with annual assessments.

LLAD 2002-1 was formed in May 2002 in conjunction with the development of the Victoria by the Bay residential subdivision. It is used to pay for the maintenance and operation of certain landscaping and lighting improvements in the public right of way and neighborhood parks, by far the most prevalent area being the planter strip median between the development’s roadways and the sidewalks. The improvements consist of trees, shrubs, groundcover and grass turf, irrigation systems and streetlighting which were installed with the subdivision development approximately twenty years ago. The neighborhood parks also have hardscape improvements such as benches, walkways, and various structures including gazebos and pergolas. A typical safeguard built into these types of assessment districts, which is the case with respect to LLAD 2002-1, is that costs cannot exceed the rate of general price level inflation, which is measured by the Consumer Price Index for the San Francisco Bay Area, without explicit taxpayer authorization via a Proposition 218 election.

Below is a picture of the typical median installation in Victoria by Bay and LLAD 2002-1.

When this landscaping approach was designed water costs were not a design concern, and frankly it is impossible to design an efficient approach to turf irrigation for such a limited strip of turf landscaping, so overspray and waste is going to be a given. With Hercules’ pattern of dry summers and falls, turf cannot survive without irrigation during the dry months. 20 2 Hercules LMD 2002-1 Landscape Maintenance Program Options

Typical Median in Victoria by the Bay Community

This subdivision development is almost exclusively single family residential in nature, with approximately 794 units, most initially constructed and occupied in 2003-2006. The median sales price for a unit in the development is currently approximately $1,078,000 (per neighborhoods.com). The current annual assessment for LMD 2002-1 is $602.76. Along with some minimal public agency and general benefit contributions (less than $20,000 annually) the LLAD raised approximately $482,897 per year in 2022-23

21 3 Hercules LMD 2002-1 Landscape Maintenance Program Options

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2020 Baker Tilly US, LLP This amount is less than the cost of servicing the improvements in place, and for this reason for the last few years the City has been in the position of loaning LLAD 2002-1 General Fund monies, as shown in the table below, with figures provided from the City’s Assessment District Engineer.

Summary of LMD 2002 -1 Fiscal Performance
2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
Operating Revenues $437,842 $441,068 $459,794 $470,269 $482,898 Operating Expenditures $443,485 $574,935 $593,218 $632,699 $605,773 Surplus/(Deficit) ($5,643) ($133,867) ($133,424) ($162,430) ($122,875) Ending Balance $206,232 $72,365 ($61,059) ($223,489) ($346,364)

Through fiscal year 2022-23 the City’s General Fund was owed over $346,000 in accumulated deficits from operations of LLAD 2022-1. In addition, for fiscal sustainability into the future the LLAD should rebuild reserve funds which are estimated to require another $300,000 in funding, which will need to come from assessments. Because the landscaping, particularly the trees, is now maturing additional maintenance should be anticipated in the future.

II. Current Budget and Operations
The table below shows line-item budget costs for LLAD 2002-1 for 2018-19 through 2023-24 from information provided by the District Engineer. Overall costs have increased by 9.6% annually during this period but have been quite variable. Water costs are now the largest single expense category having nearly doubled between 2018 and 2021, before dropping somewhat. Contracted landscape costs which are now the second largest cost for the LLAD have increased by an average of 2% over this time period. Electricity costs have increased quite rapidly (by more than triple) but are still a relatively small part of total expenditures.

Water and electricity cost increases appear to stem largely from rate increases, but some usage increases, especially in water, during the drought period are also likely. City personnel cost increases have averaged an 8% annual cost increase over this time period.

22 4 Hercules LMD 2002-1 Landscape Maintenance Program Options

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2020 Baker Tilly US, LLP LMD 20022-1 Historical
Costs
2018- 2019- 2020- 2021- 2022- 2023-
2019 2020 2021 2022 2023 2024
Total City Personnel Costs $ 79,422 $ 81,138 $ 85,780 $ 91,844 $ 113,047 $ 116,769 Non-Personnel Costs
Electricity $ 16,192 $ 31,648 $ 26,021 $ 51,861 $ 54,454 $ 55,000 Water $ 142,495 $ 205,548 $ 254,063 $ 210,862 $ 205,548 $ 250,000 Tree Trimming $ - $ - $ 2,250 $ 45,134 $ 4,400 $ 25,000 Contracted Landscaping $ 161,374 $ 198,472 $ 167,841 $ 174,348 $ 167,556 $ 172,583 Assessment engineering $ 834 $ 7,173 $ 7,016 $ 4,159 $ 5,569 $ 5,736 Administrative allocation $ 22,438 $ 25,996 $ 26,455 $ 27,692 $ 28,000 $ 28,840 Transfer to Major Roads $ 20,730 $ 24,960 $ 23,792 $ 26,800 $ 27,200 $ 28,016 Total Non-Personnel Costs $ 364,063 $ 493,797 $ 507,438 $ 540,856 $ 492,727 $ 540,175

Total Costs $ 443,485 $ 574,935 $ 593,218 $ 632,699 $ 605,773 $ 656,944

The table below shows how water rate increases have outstripped the annual increase in the LLAD 2002-1 assessment over the last several years. East Bay Municipal Utility District water rate increases have consistently exceeded the rate of inflation during the last ten years.

Since the LLAD 2002-1 is generally limited to increasing costs within the rate of inflation, and because water has become such a large part of overall operational expense, this has created a very difficult situation for overall fiscal sustainability for the LLAD. Essentially the significant increases in water costs have increased the LLAD 2002-1 budget. Initially this had the effect of wiping out the LLAD’s reserves. Subsequently the LLAD budget had to borrow from the City General Fund to maintain services.

The City mainly uses a contracted landscaper to handle day-to-day maintenance and a tree trimming contractor to prune the trees. City labor is used to manage the program (including 23 5 Hercules LMD 2002-1 Landscape Maintenance Program Options

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2020 Baker Tilly US, LLP overhead costs), monitoring the contractors, respond to resident complaints, repair street- lighting, and to try to optimize the irrigation system as best possible, since the issue of water use is well recognized as a cost escalator by the City.

Median landscape areas such as this are known to be areas of water waste and this is one reason the water utility, East Bay Municipal Utility District is trying to eliminate turf medians, by offering a rebate program for replacements to commercial customers. The program is explained below:

East Bay MUD Median Rebate
(https://www.ebmud.com/water/conservation-and-rebates/rebates/lawn-conversion-rebate)

Given that the water provider itself states that “it is nearly impossible to irrigate lawn median strips efficiently” it is no surprise that the City faces such an ongoing challenge in this area.

III. Solutions and Recommendations
a) The public policy rationale for requiring LLADs to cover full costs is strong Before addressing solutions to this issue and appropriate recommendation one issue needs to be discussed and that is the question of “Why not assign responsibility for paying the costs associated with LLAD 2002-1 to the general City taxpayers?” The answer is that the landscaping maintained by the LLAD represents a special benefit to the property owners within the LLAD as documented in the annual engineers report. The latest Engineer’s Report states:
“The special benefits received by these may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant reduction in the quality of life could be significant. In contrast to the current conditions, one could find streets without lights, parks parched from lack of water, hillsides littered with debris, unkept community 24 6 Hercules LMD 2002-1 Landscape Maintenance Program Options

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2020 Baker Tilly US, LLP facilities with graffiti and traffic medians overtaken by weeds. The resulting losses to property in terms of the desirability of the City of Hercules as a place to live and work would be obvious. Clearly the continuation of the City maintenance effort is of special benefit to each property owner within the District.”
Since property valuation is a private benefit and it is at the center of the LLAD funding it is logical and appropriate that property owners be asked to fund the necessary corrections. It is neither fair nor appropriate for general City taxpayers to pick up the deficit for the LLAD 2002-1 situation. Doing so would burden the General Fund and the City’s ability to provide essential services, such as police, to all Hercules residents. Additionally, if LLAD 2002-1 were subsidized, it would raise an equity concern about how the other 4 districts are funded.

In fact, property owners with Victoria by the Bay have enjoyed significant property value gains since the Great Recession in 2008-late 2010. Data from market reports for average property sales from September of 2010 (approximately the end date of the Great Recession) shows that the average property in the development had a sale price of $525,000 to $575,000. Currently the median value in the development is $1,078,000. Thus, the average property value has increased by approximately 87%.

During this same time period the LLAD 2002-1 assessment has increased by approximately 20% from approximately $505 per year to $603 per year.
b) Operation of the improvements
The main reason that costs for LLAD 2002-1 have increased has been utility rate increases mainly for water. There is nothing the City can do about rate increases. It can try to minimize the amount of water consumed, which it has done by monitoring the landscape contractor’s operations, but this also costs City staff time. It is known that this type of system is inherently inefficient, thus all that can be done is to see that the system is operated as efficiently as possible. However, there will be overspray and waste as a given from the nature of the system.

In terms of operations, the City is already using a contracted landscape vendor, which is less costly than using City staff members for maintenance. The contract has not been bid in more than six years and should be rebid for competitiveness sake. (The City states no base contract cost increases occurring on an annual basis and institutional knowledge are the reasons for not bidding the work.)
Overall operations are as efficient as possible given the type of landscaping installed.

However, we would offer the following as recommendations:

1. Plan to rebid the landscape contract to insure competitiveness in the next year.

Include tree trimming in the work bid since this is now a regular part of the maintenance regime.

2. Explore the East Bay Municipal District median rebate program to see if the City would or could qualify for the rebate support.
25 7 Hercules LMD 2002-1 Landscape Maintenance Program Options

3. Plan a turf and irrigation system replacement project for implementation once the current operations deficit and general fund loan have been paid off. Replace the turf with a no or low water surface such as decomposed granite or rock or a planting that is consistent with pedestrian traffic but uses little water and can be drip irrigated.

4. Work with the community to design the replacement project most in keeping with the needs and budget of the Victoria by the Bay community.

c) Further Recommendations
The current assessment level for LLAD 2002 -1 is inadequate to pay for maintenance and operations consistent with satisfactory operations of the installed improvements. The assessment level must be raised in three specific ways:

1. To eliminate the current operational deficit

2. To repay the City’s General Fund for the funds advanced to maintain services over the previous five fiscal years

3. To rebuild the District reserve balances
The District Engineer will provide a recommendation on what the assessment increases need to be to accomplish this in the near future, but it is easy to see that to breakeven on operational expenses the annual assessment will need to increased significantly. It will probably be desirable for the City to provide a multi-year period to allow for repayment of the general fund loan and to rebuild reserves to avoid too much of an impact in any single year period.

It should be noted that the current assessment is not an unusually high LLAD assessment nor a large annual fee for this type of improvement given the setting and property values.

Because an assessment increase in this amount will exceed that allowed without voter approval the City will need to schedule a Proposition 218 compliant mailed ballot election in order to secure approval for the increase. Details on administration of the proper voter approved procedures may be found in: Propositions 26 and 218 Implementation Guide, August 2021, by the League of California Cities
At a later date the City Council should approve the Engineer’s Report recommending assessments which fully cover operational costs, while rebuilding reserves and repaying the general fund loan. Further, as required by law a mailed ballot election to approve the assessment increase should be called and scheduled.
26 8 Hercules LMD 2002-1 Landscape Maintenance Program Options

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2020 Baker Tilly US, LLP If for some reason the property owners in the district do not approve of the assessment increase the City will have no option but to discontinue maintenance at least to the level consistent with ongoing LLAD 2002-1 revenues. In fact, the City should make it clear that eventually it will have to cut maintenance to a level that will also allow for repayment of the general fund loan to the maximum extent possible, since the improvements provide a private property benefit.

Irrespective of the loan repayment, maintenance reductions which will mean a reduction in irrigation water and regular maintenance will set the landscaping into a decline which will eventually lead to outright failure. Although it may be possible for a homeowners association of individual property owners to step into the maintenance breach, a significant decline in overall neighborhood aesthetics, and therefore private property values, is almost a forgone conclusion should this occur.

In our review we also noted that the City does not have any staff member devoted to the maintenance of administrative matters associated with the five landscape and lighting assessment districts which cover the City including the 10 separate zones in District No. 83-2 which further differentiate the district. These districts tend to be administratively complex and in addition to the annual engineer’s report require annual administrative tasks relating to budgeting and tax collection.

While this type of assessment district structure is not unusual, it is quite unusual for a municipality to not have an administrative position in public works devoted to administration of assessment district business. It is recommended that Hercules consider establishing such a position.

27 Victoria Crescent West
Rock Harbor Point
San Pablo Avenue
Victoria Crescent East
Victoria Crescent West
0 500
Feet
±

VICTORIA
PARK
LEGEND

STREET LIGHTS

VICTORIA BY THE BAY LLAD BOUNDARY

NEIGHBORHOOD PARKS

IN-TRACT LANDSCAPING

PARCELS

VICTORIA BY THE BAY LLAD PARCELS
ARBOR
PARK

SAN PABLO AVENUE

IS NOT PART OF THE

VICTORIA BY THE BAY LLAD

VICTORIA BY THE BAY

LANDSCAPING & LIGHTING ASSESSMENT DISTRICT (LLAD)

MAINTENANCE IMPROVEMENT DIAGRAM

SHORELINE PARK

IS NOT PART OF THE

VICTORIA BY THE BAY LLAD
28 DI

SCUSSION AND/OR ACTION

AGENDA ITEM

1. 22-661
29 REPORT TO THE CITY COUNCIL
DATE: Special Meeting of October 3, 2023
TO: Mayor and Members of the City Council
SUBMITTED BY: Patrick Tang, City Attorney
Christina Lawrence, Associate
SUBJECT: Overview of Project Labor Agreement Requirements

RECOMMENDED ACTION
Review and discuss report; provide direction to staff.

BACKGROUND:

At the Council meeting of August 8, 2023, the Council approved Council Member Dion Bailey’s request to schedule a discussion regarding project labor agreements for City construction and public works projects. A project labor agreement is a pre-hire collective bargaining agreement negotiated with local labor organizations that establishes terms and conditions of employment for a specific construction project or a class of construction projects. As a starting point for discussion, this report is intended to provide general information regarding project labor agreements, potential advantages and disadvantages associated with their use, and examples of local agency use.

DISCUSSION:

A project labor agreement (“PLA”) is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment on a particular construction project or for certain construction projects. PLAs are often used on large, complex, long -term, multi -craft construction projects to achieve certain project objectives, such as avoiding labor disruptions, ensuring timely completio n of the project, and providing employment opportunities for local residents. 22-661
30 Common PLA Provisions:

Public entities are authorized to use, enter into, or require contractors to enter into a PLA for a construction project , provided that the PLA includes certain taxpayer protection provisions, including provisions that : (1) prohibit discrimination, (2) permit all qualified contractors to bid for and be awarded work on the project, (3) include agreed-upon drug testing protoc ols for workers employed on the project, (4) guarantee against work stoppages, strikes, lockouts, and similar disruptions o n the project, and (5) provide that disputes arising from the PLA will be resolved by a neutral arbitrator. (Pub. Con. Code § 2500.) In addition to the taxpayer protection provisions, a PLA will also typically include workforce referral procedures, including provisions that require that all workers for the project be hired through a union hiring hall, as well as standardized work rules and wage and benefit provisions . The specific terms of a PLA are negotiated by the contracting parties.

Once a PLA is in place for a project, it will apply to all contractors and subcontractors who successfully bid on the project. All such contractors and subcontractors must agree to be bound by the terms of the PLA, regardless of whether they are union or non-union.

Advantages & Disadvantages:

Proponents of PLAs claim that the agreements have several advantages, including ensuring timely completion of projects within budget; providing project stability by reducing labor disruptions; and promoting workforce development by establishing local hiring procedures and disadvantaged worker employment opportunities.

Opponents of PLAs argue that the agreements have several disadvantages , including discouraging competition ; limiting choice and flexibility by requiring that non -union contractors follow union rules and hire workers exclusively through a union hiring hall; requiring workers to contribute to a union benefit fund regardless of whether those workers will receive those benefits later; and increasing project costs by requiring the payment of union wages and/or by limiting competition.

With respect to the criticism regarding increased project costs, most public works projects require the payment of prevailing wages (per the Labor Code) that are comparable to union wages, thus base labor costs may be the same with or without a PLA. However, there may be certain situa tions where a non-union contractor is subject to a “double payment” for pension contributions to both the union pension fund, under the terms of a PLA, and to its own retirement benefit fund for its employees , which may put the contractor at a competitive disadvantage and/or result in higher project costs.

31 Examples:

Agencies around the country, state, and region have used PLAs. For instance, Contra Costa County and cities such as Hayward, Martinez, Sacramento, San Francisco, San Jose, and Watsonville have used PLAs on individual projects. While the terms of PLAs vary based on the individual needs of each jurisdiction and each project, PLAs typically address wage irregularities and provide for local b usiness participation, which may help local construction companies, service providers, and suppliers. A PLA was used for the Pinole-Hercules Wastewater Treatment Plant Project (Attachment 1).

Many of the jurisdictions referenced above have also adopted policies that require PLAs on public construction projects that meet certain criteria. Most of the PLA policies reviewed by staff have similar language but differ on certain requirements, such as the project cost thresholds, local hiring goals, and inclusion of disadvantaged resident programs. The City of Watsonville’s PLA ordinance is included as Attachment 2.

Cost thresholds for triggering the PLA requirement for various cities surveyed are as follows:

Berkeley $500,000
Hayward $1,000,000
San Leandro $1,000,000
Watsonville $600,000
Martinez $1,000,000

Steps for Further Consideration:

Cities often take the following steps to assess whether to adopt a PLA for a particular project or a PLA policy and to determine what terms should be included in any such PLA(s) or PLA policies:

1. Formation of council subcommittee to study the item in further detail;

2. Presentations and study sessions to the City Council;

3. When developing a PLA for a particular project(s), meetings between senior staff members of the city and local union groups where specific terms are negotiated for Council consideration; and

4. When developing a PLA for a particular project(s), preparation of a draft PLA for the Council to consider at a publicly held City Council meeting.

32 CONCLUSION:

If Council wishes to further explore the use of a PLA for particular City project (s) or the establishment of a PLA policy, direction will need to be provided to staff regarding the subject project or class of projects for use of a PLA, including any applicable cost threshold; the Council’s objectives or goals for a PLA or PLA policy; and the terms of the proposed PLA. Staff will then need to conduct additional analysis for Council’s further review.

FISCAL IMPACT:

There is no specific fiscal impact to this action, however, the establishment of PLAs for city projects w ould likely have a fiscal impact for future city construction projects. Some analysts say that PLAs result in higher project costs. Union leaders argue that PLAs reduce costs in the long run because the union is ensuring projects run smoothly. Additionally, staff would be impacted by having to negotiate, implement, and monitor complex PLA requirements.

Attachments:

1. PLA for Pinole-Hercules Wastewater Treatment Plant Project

2. Title 7, Chapter 17 of the Watsonville Municipal Code , Project Labor Agreements for Public Works Construction Projects

3. Project Stabilization Agreement for the City of El Cerrito

33 PROJECT LABOR AGREEMENT

FOR THE

PINOLE-HERCULES WASTEWATER TREATMENT PLANT

UPGRADE PROJECT
34 i

TABLE OF CONTENTS

RECITALS ...................................................................................................................... 1 ARTICLE 1 PURPOSE ................................................................................................... 4 ARTICLE 2 INITIAL PROVISION ................................................................................... 4 ARTICLE 3 DEFINITIONS .............................................................................................. 4 ARTICLE 4 SCOPE OF AGREEMENT .......................................................................... 6 ARTICLE 5 EFFECT OF AGREEMENT ....................................................................... 11 ARTICLE 6 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS ....................................................................................................... 12 ARTICLE 7 PRE-CONSTRUCTION CONFERENCE ................................................... 17 ARTICLE 8 NON-DISCRIMINATION ............................................................................ 19 ARTICLE 9 UNION SECURITY .................................................................................... 19 ARTICLE 10 REFERRAL ............................................................................................. 20 ARTICLE 11 WAGES AND BENEFITS ........................................................................ 21 ARTICLE 12 COMPLIANCE ......................................................................................... 23 ARTICLE 13 GRIEVANCE ARBITRATION PROCEDURE .......................................... 23 ARTICLE 14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES ................ 25 ARTICLE 15 APPRENTICES ....................................................................................... 27 ARTICLE 16 MANAGEMENT RIGHTS ........................................................................ 28 ARTICLE 17 HELMETS TO HARDHATS ..................................................................... 28 ARTICLE 18 DRUG & ALCOHOL TESTING ............................................................... 29 ARTICLE 19 SAVINGS CLAUSE ................................................................................. 29 ARTICLE 20 TERM ....................................................................................................... 30

ADDENDUM A PINOLE WASTE WATER TREATMENT PLANT PROJECT
LABOR AGREEMENT AGREEMENT TO BE BOUND .......................... 34

ADDENDUM B PINOLE WASTE WATER TREATMENT PLANT PROJECT
LABOR AGREEMENT LIST OF MASTER AGREEMENTS ................... 35

ADDENDUM C PINOLE WASTE WATER TREATMENT PLANT PROJECT
LABOR AGREEMENT CONSTRUCTION PLAN .................................... 35 35 ii

ADDENDUM D PINOLE WASTE WATER TREATMENT PLANT PROJECT
LABOR AGREEMENT SUPPLEMENTAL AGREEMENTS .................... 37

36 1

RECITALS
WHEREAS, the Pinole-Hercules Wastewater Treatment Plant is an estimated $48 million public works project that will replace the existing Pinole-Hercules Water Pollution Control Plant (WCPC) with a state-of-the-art wastewater treatment facility; and WHEREAS, the successful completion of the Pinole-Hercules Wastewater Treatment Plant is of the utmost importance to the general public in the Cities of Pinole and Hercules because the project is needed to provide additional wastewater treatment capacity in order to accommodate the cities’ growth and in order to bring treatment operations into compliance with standards set forth by the State Water Resources Control Board; and
WHEREAS, the proposed Pinole-Hercules Wastewater Treatment Plant will provide the region with a modern facility that will be able to process twice as much wastewater as the current plant and do so in a more environmentally sound manner; and
WHEREAS, the Pinole-Hercules Wastewater Treatment Plant will replace the current facility and bring the plant’s operations into compliance with the Regional Water Quality Control Board’s permit requirement and other applicable state and federal regulations; and
WHEREAS, construction of the plant is expected to begin in January 2016 and take approximately 30 months to complete; and
WHEREAS, the timely and successful completion of the Pinole-Hercules Wastewater Treatment Plant is necessary in order to avoid potential fines by the State Water Resources Control Board if the Project is not completed by September 30, 2017 when the current operating permit expires; and
37 2

WHEREAS, the new Pinole-Hercules Wastewater Treatment Plant will be located on the same site as the existing treatment facility, which will continue operations during the project; and
WHEREAS, City workers will continue to be responsible for treatment operations, including, but not limited to routine maintenance and repairs, which will not be covered by the Project Labor Agreement; and
WHEREAS, performing construction in an operational plant presents logistical challenges for the City employees, Unions and Contractors; and WHEREAS, the parties agree that one of the primary purposes of this agreement is to avoid the tensions that may arise on the Project because Union and nonunion workers may be required to work side by side on the Project, thereby leading to labor disputes that could delay completion of the Project; and WHEREAS, any work disruptions on this Project could pose significant risk to public health and safety and potentially expose the City to fines; and WHEREAS, workers of various skills will be required in the performance of the construction work, including those to be represented by the Unions signatory to this Agreement and employed by contractors and subcontractors who are signatory to this Agreement; and
WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions and the Contractor would be best served if the construction work proceeds in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and 38 3

WHEREAS, the Contractors and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project by the Contractors and that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractor/Employer(s) and the affected Union(s), except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event, the provisions of this Agreement shall prevail; and WHEREAS, contracts for the Project will be awarded in accordance with the applicable provisions of local, state and federal laws, including State Public Contract Code and Davis-Bacon and State Prevailing Wage Requirements, state and federal regulations, as well as the terms of the financing agreement with the State Water Board’s Clean Water State Revolving Fund; and
WHEREAS, the City has the absolute right to select the lowest responsive and responsible bidder for the award of construction contracts on the Project; and WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents, and recognizes the potential of local apprenticeship programs to provide meaningful and sustainable careers in the building and construction industry; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:
39 4

ARTICLE 1

PURPOSE
The purpose of this Agreement is to promote the timely, safe and economical upgrade of the Pinole-Hercules Wastewater Treatment Plant and to provide for the peaceful settlement of labor disputes and grievances without the work disruptions set forth in Article 6, thereby promoting the public interest in assuring the completion of the Project. The City of Pinole (“City”) and the Contra Costa Building & Construction Trades Council (“Council”) may mutually agree in writing to add additional components to the Project’s Scope of Work to be covered under this PLA.

ARTICLE 2

INITIAL PROVISION
This Project Labor Agreement is entered into this ___day of _______________, 2015 by and between the City, together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the "Agreement To Be Bound" (Addendum A) (all of whom are referred to herein as "Contractors "), and the Council and its affiliated local Unions that have executed this Agreement (all of whom are referred to collectively as "Unions").

ARTICLE 3

DEFINITIONS

3.1 “Agreement” means this Project Labor Agreement.

3.2 “City” means the City of Pinole and its public employees, including managerial personnel.

3.3 “Construction Contract(s)” or “Contract(s) means any contract awarded by the City for Project work, and all subcontracts thereunder. 40 5

3.4 “Contractor(s)” means any individual, firm, partnership or corporation, or combination thereof, including joint ventures, that is an independent business enterprise, including the Prime Contractor, General Contractor, and Construction Manager or equivalent, and their successors and assigns, that enters into a Contract with the City for the construction of any part of the Project under contract terms and conditions approved by the City, and any of its contractors or subcontractors of any tier.

3.5 “Council” means the Contra Costa County Building & Construction Trades Council, AFL-CIO.

3.6 “Effective Date” means the date that this Agreement is approved and executed by the City Council of Pinole and the Contra Costa County Building & Construction Trades Council.

3.7 “Helmets to Hardhats” means a national program that connects National Guard, Reserve and transitioning active-duty military members with career training and employment opportunities within the construction industry. The program is administered by a non-profit Section 501(c)(3) joint labor-management committee established under Section 302(c)(9) of the Labor Management Relations Act.

3.8 “Local Area” means the Cities of Pinole and Hercules, West Contra Costa County, and Contra Costa County.

3.9 “Master Agreement” or “Schedule A” or “Master Labor Agreement” means the Master Collective Bargaining Agreement of each craft Union signatory to this Agreement. The agreements are listed in Addendum B and posted online at www.ci.pinole.ca.us/publicworks/treat_plant.html.
41 6

3.10 “Project” means all construction under a specific contract to upgrade the Pinole- Hercules Wastewater Treatment Plant. The elements of the Project, which may be amended at any time and at the sole discretion of the City, are listed in Addendum C. The City and the Council may mutually agree in writing to add additional components to the Project’s Scope of Work to be covered under this PLA.

3.11 “Project Manager” means the person or business entity under direct contract with the City of Pinole to support the management and administration of the Project.

3.12 “Project Work” means all work that is part of the Project within the craft jurisdiction of the Unions signatory to this Agreement, except as otherwise provided in Articles 4.5 and 4.6.

3.13 “Union(s)” means the Contra Costa Building & Construction Trades Council, AFL- CIO (“the Council”) and its affiliated local Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations, who have through their authorized officers executed this Agreement.

ARTICLE 4

SCOPE OF AGREEMENT

4.1 Parties: The Agreement shall apply and is limited to the City and all Contractors performing or subcontracting work under Construction Contract(s) on the Project (including subcontractors of any tier), the Council and its affiliated local Unions signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations (“Signatory Unions”). 42 7

4.2 Applicability: The Agreement shall govern construction of the Pinole-Hercules Wastewater Treatment Plant, located at 11 Tennent Avenue, Pinole, CA 94564.

For the purposes of this Agreement, the Project shall be considered completed as provided by Article 20, or otherwise provided by applicable law.

4.3 The City of Pinole reserves the right, in its sole discretion, to terminate, delay, suspend, modify, augment and/or expand any and all portions of the Project at any time, including, but not limited to: value engineering, re-packaging, and/or re- bidding any Project Work or otherwise combining, modifying, consolidating, or canceling contracts identified as part of the Project work. However, all such work shall continue to be covered under this Agreement. Further, the City of Pinole may require or prohibit some or all work on certain days or during certain hours of the day and/or require such other operational or schedule changes that it may deem necessary.

4.4 There shall be no limitation or restriction upon the City’s choice of materials, equipment, machinery, package units, factory pre-cast, prefabricated, or preassembled materials, tools or other labor-savings devices except as set forth in Article 4.5(b). Unions agree to use or install the aforementioned items.

4.5 Project Work: As defined in Article 3.12 and except as otherwise provided in this article or in Article 4.6, this Agreement covers without limitation, all on-site site preparation, surveying, construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions, including, without limitation to the following examples: geotechnical and exploratory drilling, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the project), installation 43 8

of pumps, pump stations, and modular furniture. On-site work includes work done for the Project in temporary yards or areas adjacent to the Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Project. This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.
(a) This Agreement shall apply to any start-up, calibration, commissioning, performance testing, field revisions, and repairs covered by warranty to systems and/or subsystems related to the Contractor’s work under a Construction Contract for this Project unless such work is performed by City employees.
(b) This Agreement covers all on-site fabrication work over which the City, Contractor(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). Additionally, this Agreement covers any off-site work, including fabrication necessary for the Project defined herein, that is covered by a current Schedule A Agreement or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution date of this Agreement.
(c) Construction trucking work, such as the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are incorporated into the construction process shall be covered by this Agreement. The off-hauling of debris and excess fill, material and/or mud, shall be covered by the Agreement to the extent provided by applicable prevailing wage determinations of the California Department of Industrial Relations or by Labor Code Section 1720.3.
44 9

(d) Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Technicians, with the exception that Articles 6, 13, and 14 of this Agreement shall apply to such work.

4.6 Exclusions
(a) This Agreement shall not cover the furnishing of supplies, equipment or materials that are stockpiled for later use.
(b) This Agreement is not intended to, and shall not affect or govern the award of public works contracts by the City which are not included in the Project, including, but not limited to, other scheduled capital improvement projects, regular repairs and maintenance.
(c) The City shall not be required to comply with this Agreement for any work performed with its own employees, including but not limited to all work necessary for wastewater treatment operations of the Pinole-Hercules Wastewater Treatment Plant;
(d) This Agreement shall not apply to a Contractor’s non-construction craft supervisors, or technical employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of General Foreman, staff engineers or other 45 10

professional engineers, administrative, management, office and clerical employees.
(e) Work not referenced in Addendum C that is undertaken by state, county, city or other governmental bodies, or their employees or their contractors, or by public or private utilities or their contractors, shall not be covered by this Agreement.
(f) This Agreement shall not apply to off-site maintenance of leased equipment and on-site supervision of such work.
(g) This Agreement shall not apply to any work that would void the warranty of equipment, machinery, or package units. For any work performed pursuant to this provision, the Contractor shall provide copies of the manufacturer’s written warranty requirements to the Union and the City’s Project Manager prior to the commencement of work by the manufacturer or vendor. In the absence of a written manufacturer’s warranty, the Contractor responsible for performing the work will assign the work to the appropriate craft prior to the commencement of work.

4.7 Award of Contracts: It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agreement. The City in awarding Contracts, has the absolute right to award a Contract to any Contractor notwithstanding the existence or nonexistence of any agreement between such Contractor and any Union party, provided only that such contractor is willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this 46 11

Agreement. Copies of all invitations to bid shall be provided at the time of issuance to the Council.

ARTICLE 5

EFFECT OF AGREEMENT

5.1 By executing the Agreement, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

5.2 By accepting the award of work under a Construction Contract for the Project, whether as contractor or subcontractor, the Contractor agrees to be bound by each and every provision of the Agreement and agrees that it will evidence its acceptance prior to the commencement of work by executing the Agreement To Be Bound in the form attached hereto as Addendum A.

5.3 At the time that any Contractor enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a precondition of accepting an award of a construction subcontract to agree in writing, by executing the Agreement To Be Bound (Addendum A), to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a contractor may not be evaded by subcontracting.

5.4 This Agreement shall only be binding on the parties signatory to this Agreement or to an Agreement To Be Bound, as well as to their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this 47 12

Agreement. Any dispute between the Union(s) and the Contractor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and other Contractor(s) party to this Agreement.

5.5 It is mutually agreed by the parties that any liability by a signatory Union to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement.

5.6 The provisions of this Agreement, including Schedules As, which are the local Master Agreements of the Signatory Unions having jurisdiction over the work on the Project, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.

5.7 This Agreement is subject to the terms and conditions of the financing agreement between the City of Pinole and the State Water Board’s Clean Water State Revolving Fund.

ARTICLE 6

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

6.1 The Unions, City and Contractors agree that for the duration of the Project:
48 13

(a) There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or at any other facility of the City or Contractors because of a dispute on the Project. Nor shall the Unions or any employees employed on the Project participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at the jobsite of the Project because of a dispute between Unions and Contractor on any other project. Withholding employees, but not picketing, for failure of a Contractor(s) to tender trust fund contributions as required in accordance with Article 11 and/or for failure to meet its weekly payroll is not a violation of this Article; however, the Union shall give the affected Contractor, Project Manager and the City written notice no less than five (5) working days prior to the withholding of employees. Should a Contractor performing work on this Project be delinquent in the payment of Trust Fund contributions required under this Agreement with respect to employees represented by the Union, the Union may request that the General Contractor issue joint checks payable to the Contractor and the appropriate employee benefit Trust Fund(s) until such delinquencies are satisfied. Any Trust Fund claiming that a Contractor is delinquent in its fringe benefit contributions to the funds will provide written notice of the alleged delinquency to the affected Contractor, with copies to the General Contractor, Project Manager, and City. The notice will indicate the amount of delinquency asserted and the period that the delinquency covers. It is agreed, however, with respect to contractors delinquent in trust or benefit 49 14

contribution payments, that nothing in this Agreement shall affect normal contract remedies available under the local collective bargaining agreements and or Trust Agreements. Nothing stated in this Agreement shall prevent Unions from participating in the actions mentioned in this section on jobsites other than the Project jobsite because of disputes between the Unions and Contractors on projects other than this Project. (b) There shall be no lockout of any kind of any employee employed on the Project by a Contactor covered by the Agreement.
(c) If a Master Agreement expires during the term of this Agreement, it is specifically agreed that there shall be no strike, sympathy strike, work stoppage, picketing, hand billing or otherwise advising the public that a labor dispute exists, or a slowdown of any kind. The wages, benefits, and terms of employment established and set under the initial Master Agreement shall continue in full force until the completion of the Project. (d) Notification: If the City, Project Manager or Contractor contends that any Union has violated this Article, it shall notify by phone, email, and overnight mail the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Senior Executive of the Council will immediately use his/her best efforts to cause the cessation of any violation of this Article. The leadership of the Union will direct the membership to cease any violation of this Article. A Union complying with this obligation shall not be liable for unauthorized acts of employees it represents.
50 15

6.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred:
(a) A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or, Barry Winograd, as the alternate under this procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be made from the list of arbitrators in Article 14.2. Notice to the arbitrator shall be by the most expeditious means available, with notices by phone, email, and overnight mail to the party alleged to be in violation and to the Council and involved local Union if a Union is alleged to be in violation.
(b) Upon receipt of said notice, the City will contact the designated arbitrator named above or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. (c) The arbitrator shall notify the parties by phone, email, and overnight mail of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of Article 6 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court 51 16

proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party 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 this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with an Arbitrator’s award to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The Arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section. (e) Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 6.2(d) of 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 or enforcement. The Court’s order or orders enforcing the arbitrator’s award shall be served on all parties by hand or delivered by certified mail.
52 17

(f) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.
(g) The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article. (h) Should either the permanent or the alternate arbitrator listed above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE 7

PRE-CONSTRUCTION CONFERENCE

7.1 All efforts will be made to hold pre-construction conferences in sufficient time to ensure all parties the ability to properly raise and resolve any issues that may arise out of such conferences.

7.2 The Project Manager shall convene and conduct a pre-job conference with representatives of all involved Contractors, and the Unions. The Contractors shall be prepared to announce craft assignments and to discuss in detail the scope of work and other issues as set forth below, at a location and time mutually agreeable to the Council at least 21 days prior to:
(a) The commencement of any Project Work, and
(b) The commencement of Project Work on each subsequently awarded construction contract or phase.
53 18

7.3 Pre-job conferences shall be attended by a representative from each of the participating Contractors and Unions and the Project Manager. The Council and City may, at their discretion, attend any and all pre-construction conferences.

7.4 Pre-Job Conference: The pre-job conference shall consist of:
(a) A listing of each Contractor’s scope of work;
(b) The proposed craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements; and
(e) The estimated start and completion dates of the work.

7.5 Waiver: Any jurisdictional dispute relating to the assignment of work shall be waived if not made within five (5) business days of the pre-job conference or from when the Union becomes aware or should have become aware of the assignment. All Project Work shall proceed without delay as assigned at the pre- job conference notwithstanding any pending disputes about the assignment of any portion of that work.

7.6 Progress meetings: In order to ensure the terms of the PLA are being fulfilled and all concerns to the City, Unions, Contractors are addressed, the Project Manager, General Contractor and Senior Executive of the Council or designated representatives thereof shall meet on a periodic basis during the term of the construction. As needed, subcontractors may be required to attend progress meetings.
54 19

ARTICLE 8

NON-DISCRIMINATION

8.1 The Contractor and Unions agree to comply with all anti-discrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.

ARTICLE 9

UNION SECURITY

9.1 The Contractor recognizes the Union(s) as the sole bargaining representative of all craft employees working within the scope of this Agreement.

9.2 All construction persons who are employed by the Contractor(s) shall, as a condition of employment, on or before the eighth (8th) day of consecutive or cumulative employment on the Project, be responsible for the payment of the applicable dues and/or fees uniformly required by the applicable Local union.

Individuals are required to pay applicable dues and/or fees only during the term of their work on the Project. Upon paying the applicable dues and/or fees, workers shall enjoy full access to Union hiring halls for as long as such dues and/or fees are paid. Nothing in this Agreement shall prevent non-union employees from joining the local Union.

9.3 Authorized representatives of the Unions shall have access to the Projects whenever work covered by this Agreement is being, has been, or will be performed on the Project.
55 20

ARTICLE 10

REFERRAL

10.1 Contractor/Employers performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractors shall have the right to reject any person referred by the Union(s). This right will be exercised in accordance with the procedures and timelines established by the applicable Master Agreement.

10.2 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors above General Foreman it considers necessary and desirable, without such persons being referred by the Union(s). Further, it is understood that all signatory Unions shall permit foremen to be called by name at hiring halls.

10.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor (s), the Contractor (s) shall be free to obtain workers from any source. A Contractor who hires any worker to perform Project Work pursuant to this Section shall immediately provide the appropriate Union with the name and address of such employee(s) and shall immediately refer such employee(s) to the appropriate Union to satisfy the requirements of Article 9 of this Agreement.

10.4 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use Local Area resources in construction of the Project. The objective of the parties is that at least twenty-five percent (25%) of the total work hours for the Project shall be performed by Local Area residents and that a minimum of twenty-five percent (25%) of all new hires 56 21

will be from the Local Area. The Unions will exert their utmost efforts to recruit and refer sufficient numbers of skilled craft persons from the Local Area who possess the requisite skills and qualifications to fulfill the needs of the Contractor(s) and the requirements of this Article 10.4. To the fullest extent allowed by law and the Unions’ lawful hiring hall provisions, residents of the Local Area, including journeymen and apprentices, shall be referred for Project work covered by this Agreement in the following order: 1) Residents of the cities of Pinole and Hercules; 2) Residents of West Contra Costa County; and 3) Residents of Contra Costa County.

10.5 Monitoring: Contractors and Unions. Unions will work with the City of Pinole’s Project Manager when recruiting, referring and selecting employees to perform Project work under this Agreement. The Contractor will forward to the Union and the City a copy of all construction personnel requests made, specifying the personnel requested. Contractors shall utilize the “name-call”, “re-hire”, “transfer” and or “sponsorship” options, where available under a craft’s Master Agreement and the Union hiring hall rules to maximize the participation of Local Area Residents on the Project.

10.6 The Unions and Contractors shall maintain an updated list containing the craft classification of any worker hired for the Project along with that worker’s city and zip code. For the purposes of establishing residency, Post Office boxes will not be accepted.

ARTICLE 11

WAGES AND BENEFITS

11.1 For all Project Work, all Contractors agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, 57 22

worker protection and assistance, and health benefit funds established by the applicable Master Agreement for each hour worked on the Project in the amounts designated in the Master Agreements of the appropriate Signatory Unions.

11.2 By signing this Agreement, Contractors adopt and agree to be bound by the written terms of the legally established Trust Agreements, as described in Article

11.1, only for Project Work performed during the Project. The Trust Agreements, which may from time to time be amended, specify the manner in which payments are to be paid into, and benefits paid out of, such Trust Funds. The Contractors authorize the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratify and accept the trustees so appointed as if made by the Contractor(s). The Contractors agree to execute a separate Subscription Agreement(s) for Trust Funds applicable solely to Project Work performed during the Project, when such Trust Fund(s) require(s) such document(s).

11.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective crafts, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.
58 23

ARTICLE 12

COMPLIANCE

12.1 It shall be the responsibility of the Contractors and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article 11.

Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractors on the Project.

ARTICLE 13

GRIEVANCE ARBITRATION PROCEDURE

13.1 Project Labor Disputes: All project labor disputes involving the application or interpretation of the Master Agreement to which a signatory Contractor and a signatory Union are parties shall be resolved pursuant to the resolution procedures of that Master Agreement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the Grievance arbitration procedures set forth herein.

13.2 No grievance shall be recognized unless the grieving party (Local Union on its own behalf, or on behalf of an employee whom it represents, the City, or a Contractor) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual written agreement of the parties.

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union 59 24

or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor shall confer and attempt to resolve the grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days of the Step 1 meeting, within five (5) business days thereafter, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Manager of Labor Relations of the Contractor or the Manager's designated representative, for discussion and resolution. Regardless of which party has initiated the grievance proceeding, prior to a Step 2 meeting, the Union(s) shall notify its International Union representative(s), which shall advise both parties if it intends on participating in a Step 2 meeting. The Project Manager and the City shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not settled in Step 2, within five (5) business days of the Step 2 meeting, either party may request the dispute be submitted to arbitration or the time may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. David Weinberg

3. Katherine Thomson
60 25

The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

The time limits specified in any step of the Grievance Procedure set forth in Section 12.2 may be extended by mutual agreement of the parties. However, failure to process a grievance within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.

In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.

13.3 Should any of the arbitrators listed in this Article no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE 14

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

14.1 The assignment of Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.
61 26

14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractors party 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 Contractor and Union parties to this Agreement.

14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within 14 days of the selection of the Arbitrator . All other procedures shall be as specified in the Plan.

14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge. Each Contractor will conduct a pre-job conference with the Council prior to commencing work. The Project Manager and City will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Contractors may be held together.
62 27

ARTICLE 15

APPRENTICES

15.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor(s) shall employ apprentices of a California State-approved Joint Apprenticeship Training Committee (JATC) Program in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured.

15.2 The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code, Training Standards and the Master Agreements.

15.3 The objective of the parties is that at least twenty-five percent (25%) of the apprentices employed on the Project will be from the Local Area. Apprentices shall be given priority in hiring in the following order: 1) Residents of the cities of Pinole and Hercules; 2) Residents of West Contra Costa County; and 3) Residents of Contra Costa County. The prioritization of apprenticeship hiring shall be consistent with the law, hiring hall procedures of the Unions, and the standards and procedures of the JATC. The Contractors shall reach this goal through utilization of the normal hiring hall procedures. The Unions are committed to working with the Contractors to achieve these goals. All Local Area apprentices referred to Contractors under this Agreement shall be enrolled in State of California approved Joint Apprentice Training Programs. The employment of apprentices shall count toward the 25% local hiring goal in Article

10.4. 15.4 Consistent with the Master Agreements and State law, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly supervised.
63 28

ARTICLE 16

MANAGEMENT RIGHTS

16.1 The Contractor(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees except that lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE 17

HELMETS TO HARDHATS

17.1 The Contractors 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 Contractor 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.

17.2 The Unions and Contractors agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
64 29

ARTICLE 18

DRUG & ALCOHOL TESTING

18.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

18.2 The Parties agree to recognize and use the Substance Abuse Prevention Policies contained in each applicable Union’s Schedule A.

ARTICLE 19

SAVINGS CLAUSE

19.1 In the event any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. In that event, the parties shall meet and confer and exercise best efforts to reach agreement on acceptable replacement language which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or work in question.

19.2 If agreement is reached, the Parties shall substitute in place and stead of the invalidated article, provision, clause, sentence or word another article, provision, clause, sentence or word that will resolve the issues identified by the court and be in accordance with the intent and purpose of the article, provision, clause, sentence or word invalidated.

19.3 If the Parties are unable to reach an agreement, then the entire Agreement shall be null and void and the Council and Unions will no longer be bound by the provisions of Article 6 (Work Stoppages, Strikes, Sympathy Strikes and Lockouts).
65 30

ARTICLE 20
TERM

20.1 This Agreement shall become effective on the day it is executed and approved by the City Council of Pinole and by the Contra Costa County Building Construction and Trades Council and shall continue in effect until construction of the Project is complete. Construction shall be deemed complete when each item on the punch list is completed, a Notice of Completion has been prepared, the Project has been accepted by City Council resolution and the notice of completion has been filed.
66 31

CITY OF PINOLE

By _________________________________ Date_______________________

CONTRA COSTA BUILDING AND

CONSTRUCTION TRADES COUNCIL, AFL-CIO (COUNCIL)

By _________________________________ Date_______________________

67 32

SIGNATURE BLOCK FOR UNIONS

Asbestos Workers Local 16

Hod Carriers Local 166
Boilermakers Local 549

Roofers Local 81
Bricklayers Local 3

Iron Workers Local 378
Northern California Regional
Council of Carpenters for and on
Behalf of Their Affiliated Crafts
Laborers Local Union 324

Laborers Local Union 67

Sheet Metal Workers Local 104

Cement Masons Local 300
Operating Engineers Local 3

Electrical Workers Local 302
Painters District Council 16

Plasterers Local 66
Sprinkler Fitters Local 483

United Association Local 159
United Association Local 342

United Association Local 355

68 33

Teamsters Local 315

Elevator Constructors Local 8
69 34

ADDENDUM A

PINOLE WASTE WATER TREATMENT PLANT

PROJECT LABOR AGREEMENT

AGREEMENT TO BE BOUND
[Addressee]
[Address]
[City and State]

Re: Pinole Waste Water Treatment Plant Project Labor Agreement.

Dear Mr. /Ms. ______________:

For the duration of the Project, the undersigned party confirms that it agrees to be a party to and bound by the Pinole-Hercules Wastewater Treatment Plant Project Labor Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement To Be Bound, the undersigned party subscribes to, adopts and agrees to be bound by the written terms of the legally established trust agreements specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds and ratifies and accepts the trustees appointed by the parties to such trust funds. The Contractors agree to execute a separate Subscription Agreement(s) for Trust Funds when such Trust Fund(s) requires such document(s).

Such obligation to be a party to and bound by this Agreement shall extend to all work covered by the Pinole-Hercules Wastewater Treatment Plant Project Labor Agreement undertaken by the undersigned party for the duration of the Project. The undersigned party shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of this Agreement by signing an identical Agreement To Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR: ____________________________________

Project Contract Number: ____________________________________

California State License Number: ____________________________________ or Motor Carrier (CA) Permit Number

Name and Signature of Authorized Person: ____________________________________ (Signature)
____________________________________
(Print Name)
____________________________________
(Title)
70 35

ADDENDUM B

PINOLE WASTE WATER TREATMENT PLANT

PROJECT LABOR AGREEMENT

LIST OF MASTER AGREEMENTS

ADDENDUM C

PINOLE WASTE WATER TREATMENT PLANT
71 36

PROJECT LABOR AGREEMENT

CONSTRUCTION PLAN

72 37

ADDENDUM D

PINOLE WASTE WATER TREATMENT PLANT

PROJECT LABOR AGREEMENT

SUPPLEMENTAL AGREEMENTS
City of Pinole – Wastewater Treatment Plant Project Labor Agreement

Addendum D: Supplemental Agreement between City and Building Trades Council

This Supplemental Agreement confirms the Parties’ understanding concerning the application of section 4.5(b) of the above-referenced Project Labor Agreement (PLA).

Having reviewed the current Schedule A Agreements, the Parties agree that the only Schedule A Agreements containing provisions relevant to section 4.5(b) are those of the Plumbers and Pipefitters Local Union Nos. 159 and 342 and Sheet Metal Workers’ Local Union No. 104. With respect to these two Unions, the City recognizes that the provisions of their Schedule A Agreements addressing off-site fabrication shall apply to work on the Project.

Should other issues arise relevant to off-site fabrication, the parties agree to work cooperatively to assure that the Project is finished in the most timely and efficient manner possible.

Agreed and accepted this _____ day of __________________ 2015

By: ______________________________
[City]

By: ______________________________
[BTC]

By: _____________________________
[Local 159]

73 City of Watsonville Municipal Code

Chapter 17

PROJECT LABOR AGREEMENTS FOR PUBLIC WORKS CONSTRUCTION PROJECTS Sections:
7-17.01 Findings.
7-17.02 Definitions.
7-17.03 Application of project labor agreement policy. 7-17.04 Required provisions.
7-17.05 Compliance with State and Federal law.
7-17.01 Findings.

City-funded construction projects can involve numerous contractors and employees in different trades, have critical timelines for completion, and require a skilled and properly trained workforce to successfully complete the work in a proper and timely manner. In order to avoid costly delays and additional expense to the City, it is essential that construction on such projects proceed without the labor disruptions that can occur on long-term projects both from external labor relations problems and from the f rictions that often arise when a large number of contractors and their employees work in proximity to one another on a job site.

In the private sector, project labor agreements have been used for years on complex construction projects to achieve satisfactory performance and the economic benefits that result from having a guaranteed source of skilled workers and from avoiding disruptions in work.

In the public sector, project labor agreements have been used successfully by the San Francisco International Airport, the Contra Costa Water District, the Oakland Airport, the Foothill De Anza Community College District, and numerous other public entities in and around the Bay Area for hospitals, reservoirs, wastewater treatments, schools and other complex construction projects. Such agreements have been a major factor in producing quality construction work and projects completed on time, within budget, and without labor strife or disruptions.
74 Throughout Northern California, and especially in the San Francisco Bay Area, project labor agreements have been used successfully on numerous public and private construction projects, and public entities such as the County of Contra Costa, the Bay Area Rapid Transit District, the Oakland Unified School District, the San Francisco Unified School District, the City of Berkeley, and others, maintain project labor agreement ordinances and policies requiring the use of project labor agreements on their publicly funded construction projects.

It is recognized that unemployment and underemployment of residents of the City of Watsonville has been and continues to be a serious problem. Statistics also indicate that the higher unemployment level in the City of Watsonville correlates to the higher number of families living at or near the poverty line and to a higher crime rate.

As a result, it is the policy of the City of Watsonville to increase the number of employed persons living in the City of Watsonville in an attempt to counteract the grave economic and social ills associated with the higher unemployment levels that exist within the City.

The City Council has determined there is a need to provide City of Watsonville residents with more opportunities to participate in workforce development and pre-apprenticeship programs that include life skills training and job readiness training. Such pre-apprenticeship programs will increase the capacity of Watsonville residents to succeed later in formal apprenticeship programs and hence reduce the unemployment rate and accompanying poverty and crime conditions.

The construction craft jobs that are created by City-funded projects can be used to facilitate the local hire goals embodied in Watsonville’s local hire ordinance. The construction crafts that are employed on these projects require a supply of new apprentices to perpetuate the crafts into the future which provide meaningful employment opportunities to individuals seeking to enter the building and construction trades for long-term, well-paid careers in the construction industry.

In addition, large numbers of returning veterans are and will be seeking employment on City -funded construction projects and will be seeking training opportunities for entrance into the construction industry.

Such training opportunities are available through the program known as “Helmets to Hardhats,” utilization of which program is required in all current project labor agreements.

The City Council has determined that project labor agreements have proven to be a valuable vehicle for accomplishing all of the goals set out above.

Therefore, the City Council of the City of Watsonville has determined that on all competitively bid public works construction projects with a projected construction cost of Six Hundred Thousand and no/100ths 75 ($600,000.00) Dollars or more, and employing workers in three (3) or more crafts, a project labor agreement should be used for the construction of such projects. (§ 1, Ord. 1295-13 (CM), eff. November 7, 2013)
7-17.02 Definitions.

For the purposes of this chapter, certain words and phrases used are defined as follows:
(a) “Project labor agreement” shall mean a prehire collective bargaining agreement with one (1) or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Title 29, Section 158(f) of the United States Code. (b) “Contractor” shall mean a person entering into or performing a public works construction project. (c) “Subcontractor” shall mean any person with whom a construction contractor or other subcontractor enters into a contract to perform a portion of any public works construction project. (d) “Public works construction project” shall include all site preparation, construction, alteration, demolition, installation, improvement, painting, repair or off-haul work as defined in Labor Code Section 1720.3, paid for in whole or in part by City funds with a projected construction cost of Six Hundred Thousand and no/100ths ($600,000.00) Dollars or more and employing workers in three (3) or more crafts.
(e) “Union” shall mean the Monterey/Santa Cruz Building and Construction Trades Council and its affiliated unions and any other unions that become signatory to a project labor agreement governing the construction of a public works construction project.
(§ 1, Ord. 1295-13 (CM), eff. November 7, 2013)
7-17.03 Application of project labor agreement policy.

This chapter shall apply to all public works construction projects unless the existence of a project labor agreement will jeopardize State, Federal or other public funding sources. In all, it shall be set forth in the bid documents for the public works construction project as a condition of the award that the successful bidder, including contractors and subcontractors at all tiers, shall be required to sign an agreement to be bound and to enter into a project labor agreement. The successful general contract bidde r shall execute a master project labor agreement which will be filed with the City Clerk and shall govern its work on the construction of the public works construction project according to its terms. (§ 1, Ord. 1295-13 (CM), eff. November 7, 2013)
76 7-17.04 Required provisions.

Unless the Council, by majority vote, determines otherwise, the project labor agreement shall contain the following provisions:
(a) The project labor agreement shall be binding on all contractors and subcontractors at all tiers; (b) The contractor shall require all subcontractors, at all tiers, as a condition of working on the public works construction project, to become parties to the project labor agreement; (c) The project labor agreement shall guarantee against work stoppages, strikes, lockouts, and similar disruptions of the project as set forth in subdivision (a)(4) of California Public Contract Code Section 2500;
(d) The Union and its members shall continue work on the public works construction project despite the expiration of the applicable collective bargaining agreements; (e) All contractors and subcontractors shall recognize the union as the exclusive bargaining representative of the craft workers employed on the public works construction project; (f) All contractors and subcontractors shall use the union hiring hall procedures for satisfying project craft needs on the public works construction project;
(g) All contractors and subcontractors shall hire apprentices indentured in the State -approved joint apprenticeship program for the craft or trade involved for work on the public works construction project in accordance with the apprentice ratios in California Labor Code Section 1777.5; (h) Any local hire ordinance adopted by the City of Watsonville shall be included in and made a part of the project labor agreement;
(i) The project labor agreement shall require use of the “Helmets to Hardhats” program to assist returning veterans in obtaining employment and training opportunities on the public works construction project;
(j) The wages and benefits of the craft employees performing work on the public works construction project shall be governed by the collective bargaining agreement of the union traditionally recognized as the bargaining representative of the craft(s) in question; (k) The project labor agreement shall not apply to the contractors’ or subcontractors’ parent companies, subsidiaries, or affiliates;
77 (l) The project labor agreement shall not apply to the contractors’ or subcontractors’ managerial, executive, clerical or supervisory employees above the level of general foremen; (m) The contractors or subcontractors are acting on their own behalf and have no authority, express, implied, actual, apparent, or ostensible, to bind the City; (n) The project labor agreement does not apply to any work performed on or near or leading to or into the public works construction project site by Federal, State, or other governmental entities or their contractor(s) for work which is not part of the public works construction project; (o) An agreed-upon protocol concerning drug testing for workers who will be employed on the project as set forth in subdivision (a)(3) of California Public Contract Code Section 2500; (p) Prohibition of discrimination based on race, national origin, religion, sexual orientation, political affiliation or membership in a labor organization in hiring or dispatching workers for the project as set forth in subdivision (a)(1) of California Public Contract Code Section 2500; (q) All contractors and subcontractors may bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements as set forth in subdivision (a)(2) of California Public Contract Code Section 2500;
(r) A requirement that disputes arising from the project labor agreement shall be resolved by a neutral arbitrator as required by subdivision (a)(5) of California Public Contract Code Section 2500. (§ 1, Ord. 1295-13 (CM), eff. November 7, 2013)
7-17.05 Compliance with State and Federal law.

This chapter shall be enforced only to the extent that it is consistent with the laws of the State of California and the United States. Nothing in this chapter is intended to exempt any business from complying with State or Federal law, or from complying with State requirements for apprenticeship programs. No employer shall be required to violate its obligations under an agreement governed by the National Labor Relations Act and the Labor-Management Relations Act of 1947. If any provision of this chapter is held by a court of law to be in conflict with State or Federal law, the applicable law shall prevail over the terms of this chapter, and the conflicting provisions of this chapter shall not be enforceable. (§ 1, Ord. 1295-13 (CM), eff. November 7, 2013)

78 Project Stabilization Agreement
for the City of El Cerrito
1 PROJECT STABILIZATION AGREEMENT

FOR THE CITY OF EL CERRITO

INTRODUCTION/ FINDINGS
This Project Stabilization Agreement (“Agreement”) is enteredinto this ____ day of 20____, (“ Effective Date”) by and between the City of El Cerrito hereinafter the “City”), together with contractors and subcontractorsof all tiers, who shall become signatory to this Agreement by signing the “ Agreement to be Bound” ( Addendum A) referred to herein asthe “Contractor(s)/Employer(s)”), and the Contra Costa County Building and Construction Trades Council ( referred to herein as the “Council”) and its affiliated local Unions that have executedthis Agreement (referred to collectively herein as the “Union( s)”).

The purpose of this Agreement is to promote the efficiency of construction operations for the City of El Cerrito through the useof skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuringthe timely and economical completion of the Project( s) defined in Section 1.9 below and covered by this Agreement.

WHEREAS, the timely and successful completion of a Project is of the utmost importance to meet the needsof the City and avoid increasedcostsresulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on a Project and will be representedby the Unions who are signatories to this Agreement and employed by the Contractors who are also signatories to this Agreement; and
WHEREAS, the useof skilled labor in the construction of Projects increasesthe safety of workers as well as the quality of completed Projects; and WHEREAS, it is recognized that the Projects likely will require multiple contractors and bargaining units on the job site at the same time over an extended period of time, and, thus, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best servedif the construction work on a Project proceededin an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferenceswith work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on a Project and to encourageclose cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and WHEREAS, the parties agreethat one of the primary purposesof this Agreement is to avoid the tensions that might arise on a Project if Union and non- union workers of different 79 Project Stabilization Agreement
for the City of El Cerrito
2 employers were to work side by side on a Project, potentially leading to labor disputesthat could delay completion of a Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Projects, insofar asa legally binding agreementexists betweenthe Contractors/ Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City placeshigh priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizesthe ability of local pre-apprenticeshipand apprenticeshipprograms to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract( s) for construction work on the Projects will be awarded in accordancewith the applicable provisions of the California StatePublic Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory Completion asdefined in Section 1.4 below of the Projects pursuant to the terms and conditions of the Agreement;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS
Agreement" meansthis Project Stabilization Agreement.

Agreement to be Bound" meansthe agreement (attachedhereto asAddendum A) that shall be executed by each and every Contractor/ Employer as a condition of working on the Project.

City" means the City of El Cerrito.

Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City hasrecordeda Notice of Completion. For purposesof this definition, " Final Acceptance" means that point in time at which the City has determined upon final inspection that the work hasbeencompleted in all respectsand all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordancewith the contract documentsand the City hasexecuteda written acceptance of the work.

Construction Contract” means the public works or improvement contract( s) including design-bid, design-build, lease-leasebackor other contractsunder which construction of a Project is done) awarded and entered into by the City that are necessary for Completion of a Project.
80 Project Stabilization Agreement
for the City of El Cerrito
3 Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" meansany individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design- build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successorsand assigns, that enters into a Construction Contract with the City, and all contractors and subcontractors of any tier engagedby the Contractor or Employer.

Council” meansthe Contra Costa County Building and Construction Trades Council.

Master Agreement” meansthe Master Collective Bargaining Agreement of each craft Union signatory hereto.

Project" means City projects funded in whole or in part with City funds, where either the engineer’s estimateof the total cost of the project or the cumulative bid amount(s) submitted by the contractor( s) awarded the Construction Contract( s) exceeds one million dollars 1,000.000), subject to Section 2.2 of this Agreement. All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met.

The City and the Council may mutually agreein writing to add additional projects or components to be covered by this Agreement. The term “ Project” applies to each and all projects asdefined in this section, whether usedin the singular or plural herein.

Project Manager” meansthe person(s) or entity(ies) designatedby the City to oversee all phases of construction on a Project and the implementation of this Agreement.

Union” or “Unions” means the Contra Costa Building and Construction Trades Council and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executedthis Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on a Project ( including subcontractors at any tier), and their successorsand assigns, the City, the Council, and its affiliated Unions signatory to this Agreement.

2.2 Applicability: This Agreement governs all Construction Contracts that include Covered Work asdefined in Section 2.3 awardedon or after the Effective Date for a Project until Completion, unless otherwise set forth in this Agreement. Construction Contracts shall be consideredCompleted as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a changeorder for a Construction Contract.

2.3 Covered Work: Covered Work shall include, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related 81 Project Stabilization Agreement
for the City of El Cerrito
4 activities for a Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary fencing, pipelines (including thosein linear corridors built to serve the Project), pumps, pump stations, start- up, modular furniture installation, final clean- up work; as well aswork done for the Project in temporary yards, dedicatedsites, or areasadjacent to a Project, and at any on- site or off- site batch plant constructed to supply materials to a Project Covered Work”). Covered Work shall also include all of the following:

2.3.1 Any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for a Project performed after Completion, unlessperformed by City employees.

2.3.2 All on- site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possessthe right of control (including work done for a Project in any temporary yard or area established for the Project); as well as any off- site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addendato a national agreementof the applicable Union(s).

2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off- hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excessfill, material and/or mud.

Contractor( s)/Employer( s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written requestor as required by the bid specifications.

2.3.4 Covered Work within the following National Agreements shall be covered by thoseagreementsasfollows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/ Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any Covered Work for instrument calibration work and loop checking shall be performed under the terms of the UA/ IBEW Joint National Agreement for Instrument and Control SystemsTechnicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.

2.4 Exclusions: The following is not considered Covered Work.

2.4.1 Work performed by the City’s own employeesas permitted by the Public Contract Code.

2.4.2 A Contractor/ Employer’ s non- construction craft executives, managerial employees, administrative personnel, andsupervisorsabove the level of generalforeman (unless covered by a Master Agreement).

2.4.3 Any non- Project work performed on or near or leading to a Project site that is undertakenby state, county, city, or other governmental bodies or their contractors. Work 82 Project Stabilization Agreement
for the City of El Cerrito
5 performed by public or private utilities including all electrical utility, voice-data-video, and security installation work aheadof and up to the electrical service entry connection or the main point of entry into the building shall be excluded; however, all electrical utility, voice- data- video, and security installation work performed after the electrical utility service entranceor the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entranceconnection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.4 Off- site maintenance of leased equipment and on- site supervision of such work.

2.4.5 This Agreement shall not apply to work substantially funded by any federal, state, local or other public agencythat prohibits the useof project labor agreementson projects receiving its funding, or the funding of projects on which such agreements are used.

With respectto such work, the City agreesto make a reasonableeffort to defend the application of this Agreement, including by making a written request to the funding source. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement by the Council, the City shall modify the requirements of this Agreement accordingly, to allow this Agreement to remain in place and to advancethe purposes of this Agreement to the maximum extent feasible.

2.4.6 Work performed by employees of a manufacturer or vendor on the manufacturer’s equipment if required in order to maintain the manufacturer’s warranty or guarantee on such equipment; provided that ( i) the warranty agreement is the manufacturer’ s usual and customary warranty agreementfor such equipment and is consistent with industry practice; and ( ii) the manufacturer or vendor has first demonstrated at the pre- job conference, by an enumeration of specific tasks, that in order to preservethe warranty, the work cannot be performed by construction persons employed under this Agreement.

2.4.7 Laboratory work for testing and inspections not covered by a Master Agreement.

2.5 Award of Contracts: The City retains the right to reject all bids and re-advertise a Project, however, in that event, the re-advertised Project would be subject to this Agreement’ s terms and conditions. It is understoodand agreedthat the City hasthe right to selectany qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to comply with this Agreement. It is further agreedthat this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractorsfor work on the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by eachand all of the provisions of the Agreement. 83 Project Stabilization Agreement
for the City of El Cerrito
6 3.2 By accepting the award of a Construction Contract for the Project, whether asa Contractor or subcontractor thereunder, all Contractors/Employers agreeto be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencementof work by executing the Agreement to be Bound in the form attachedhereto as Addendum A.

3.3 At the time that any Contractor/ Employer enters into a subcontract with any subcontractorthat includes Covered Work under a Construction Contract, the Contractor/ Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, asa condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencementof work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awardeda Construction Contract on the Project.

3.4 This Agreement shall only be binding on the signatory parties hereto, and their successorsand assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual actsand conduct and for any breachor alleged breachof this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute betweenthe Union( s) and the Contractor( s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties betweenthe Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreedby the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties betweenthe Contractor(s) and the other Union( s) party to this Agreement.

3.6 The provisions of this Agreement, including the Master Agreements incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Master Agreement, the provision of this Agreement shall prevail. Where a provision of a Master Agreement doesnot conflict with this Agreement, the provision of the Master Agreement shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor( s)/Employer( s) covered by this Agreement agreethat for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns, refusal to work, walk- off, sit down, stand-in, wobble, boycott of any kind, for any reason, by the Unions or employees employed on a Project, at the job site of a Project or any other facility of City because 84 Project Stabilization Agreement
for the City of El Cerrito
7 of a dispute on a Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on a Project may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project.

4.1.2 There shall be no lockout of any kind by a Contractor( s)/ Employer( s) of workers employed on a Project.

4.1.3 If a Master Agreement expires before the Contractor(s)/Employer(s) completes the performance of work under a Construction Contract and the Union or Contractor(s)/Employer(s) gives notice of a demandfor a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor(s)/Employer(s) agreethat the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor( s)/Employer( s) agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee( s) on a Project during the interim, with retroactive payment due within seven (7) calendardays of the effective date of the new or modified Master Agreement. For the avoidance of doubt, Section 4.1.1 shall remain applicable for the duration of the Project even where a Master Agreement hasexpired.

4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the provisions of this Agreement. The term “lockout” doesnot include the City’s decision to terminate or suspend work on the site or any portion thereof for any operational reason.

4.1.5 In the caseof nonpayment of wagesor trust fund contributions on the Project, the Union shall give the City and the Contractor( s)/Employer( s) three ( 3) business days’ notice when nonpayment of trust fund contributions hasoccurred, and one (1) businessday’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paycheckswill not honor such paycheck, of the intent to withhold labor from the Contractor( s)/Employer( s)’ or their subcontractor' s workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor ( but not picketing) from a Contractor( s)/Employer( s) who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considereda violation of this Article.

4.1.6 Notification: If the City or any Contractor contendsthat any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its bestefforts to causethe cessationof any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying 85 Project Stabilization Agreement
for the City of El Cerrito
8 with this obligation shall not be held responsiblefor the unauthorized acts of employeesit represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanentarbitrator, or Barry Winograd, asthe alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall selectthe arbitrator from the list in Section 12.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephoneto the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator namedabove, or the alternate if the permanentarbitrator is not available, who will attempt to convene a hearing within twenty- four ( 24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator' s discretion, shall not exceed twenty- four ( 24) hours unless otherwise agreedupon by all parties. A failure of any party to attend said hearingsshall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement hasoccurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reservedfor court proceedings, if any. The award shall be issuedin writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issuedwithin fifteen ( 15) calendardays, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessationof the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to ceasethe violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousanddollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damagesclaimed under this section, but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision as allowed in Section

4.2.5 below.

4.2.5 The arbitrator’ s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documentsreferred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a 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 proceeding 86 Project Stabilization Agreement
for the City of El Cerrito
9 may be ex parte. However, such agreementdoesnot waive any party's right to seekor participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the aboveprocedure, or which interfere with compliance with the above procedure, are waived by the parties.

4.2.7 The fees and expensesof the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breachof its obligation under this Article.

4.2.8 Should either the permanentor the alternatearbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

PRE- JOB CONFERENCES

5.1 Timing: The Project Manager shall convene and conduct, at a location and time mutually agreeableto the Council, a pre-job conferencewith the Unions and the representatives of all involved Contractors/ Employers, who shall be prepared to announce craft assignments and discussin detail the scopeof work and the other issuesset forth below, at least fourteen (14) calendar days prior to:
a) The commencement of any Covered Work, and
b) The commencement of Project Covered Work on any subsequently awarded Construction Contract.

5.2 The pre-job conferenceshall be attendedby a representativeof eachparticipating Contractor and each affected Union, and the Council and City may attend at their discretion.

5.3 The pre-job conferenceshall include but not be limited to the following subjects:
a) A listing of eachContractor’s scopeof work;
b) The craft assignments;
c) The estimated number of craft workers required to perform the work; d) Transportation arrangements;
e) The estimated start and completion dates of the work; and f) Discussion of pre-fabricated materials.

5.4 Review Meetings: The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled. 87 Project Stabilization Agreement
for the City of El Cerrito
10 ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agreeto comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

7.1 The Contractors/Employers recognize the Unions asthe sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employeesmust be representedby a Union for the duration of their employment on the Project.

7.2 The Contractors/ Employers shall make and transmit all deductions for Union dues, fees, and assessmentsthat have beenauthorized by employeesin writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay duesor feesto a Union asa condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements asto Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/ Employers who are performing Covered Work.

7.3 Authorized representativesof the Unions shall have accessto a Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.

7.4 Contractor(s)/Employer(s) performing construction work on a Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systemsestablishedor authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union( s), in accordance with the applicable Master Agreement.

7.5 Contractor(s)/Employer(s) shall have the unqualified right to selectand hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such personsbeing referred by the Union( s), unlesssuch craft construction employee is covered by a Master Agreement.

7.6 In the event that referral facilities maintained by the Union( s) are unable to fill the requisition of a Contractor/Employer for employeeswithin a forty- eight (48) hour period Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/ Employer who hires a worker( s) pursuant to this section shall immediately provide the appropriate Union with the name and addressof such worker(s) and shall immediately direct such worker( s) to the appropriate Union hiring hall to be referred for work on the Project.
88 Project Stabilization Agreement
for the City of El Cerrito
11 7.7 It is in the interest of the parties to this Agreement to facilitate employment of Local Area residentsand to useresourcesin the Local Area in construction of the Project. The Local Area" shall be defined as Contra Costa County. The Unions will exert their utmost efforts to recruit sufficient numbers of craft personsto fulfill the referral requirements of the Contractor( s)/Employer( s). To the extent allowed by law, and consistent with the Unions’ hiring hall provisions, and aslong asthey possessthe requisite skills and qualifications, residentsof the Local Area, including journeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE VIII

WAGES AND BENEFITS

8.1 The Contractors/Employers agreeto pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds establishedby the applicable Master Agreement(s) for eachhour worked on a Project, in the amounts designated in the applicable Master Agreement( s).

8.2 By signing this Agreement, the Contractors/ Employers adopt and agree to be bound by the written terms of the legally establishedTrust Agreements describedin Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be madeinto, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and acceptthe trusteesso appointed asif they were appointed by the Contractors/ Employers. The Contractors/ Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on a Project shall be governed by the Master Agreement of the respectivecraft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

8.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

ARTICLE IX

APPRENTICES

9.1 Recognizing the needto develop adequatenumbers of competentworkers in the construction industry, including on public works projects, the Contractors/ Employers shall employ apprenticesfrom a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

9.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination. 89 Project Stabilization Agreement
for the City of El Cerrito
12 9.3 Consistent with the Master Agreements, thereshall be no restriction on the utilization of apprenticesin performing the work of their craft provided they are properly indentured and supervised.

ARTICLE X

HELMETS TO HARDHATS

10.1 The Contractors/ Employers and Unions recognize a desire to facilitate the entry into the building and construction tradesof veteranswho are interestedin careersin the building and construction industry. The Contractors/ Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessmentand Veterans Employment (hereinafter Center”) and the Center' s "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessmentof construction aptitude, referral to apprenticeshipprograms or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

10.2 The Unions and Contractors/Employers agreeto coordinate with the Center to participate in an integrated database of veterans interested in working on the Projects and of apprenticeshipand employment opportunities for the Projects. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XI

COMPLIANCE

11.1 It shall be the responsibility of the Contractors /Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement.

Nothing in this Agreement shall be construed to interfere with or supersedethe usual and customary legal remedies available to the Unions and/ or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on a Project. Because the Projects are public works subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with stateprevailing wage requirements as well as this Agreement.

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

12.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputesunder Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

12.2 Employee Discipline: All disputesinvolving the discipline and/or dischargeof an employee working on a Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on a Project shall be disciplined or discharged without just cause. 90 Project Stabilization Agreement
for the City of El Cerrito
13 12.3 No grievance shall be recognized unlessthe grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/ Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five ( 5) businessdays after becoming awareof the dispute but in no event more than thirty ( 30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extendedby mutual agreementof the parties.

12.4 Grievancesshall be settled according to the following procedures:

Step 1: Within five ( 5) business days after the receipt of the written notice of the grievance, the representativeof the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/ Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five ( 5) businessdays of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the BusinessManager(s) of the affected Union( s) involved and the Labor Relations Manager of the Contractor/ Employer, or the Contractor/Employer’s designatedrepresentative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representativeprior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five ( 5) businessdays of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consentof both parties. Within five ( 5) businessdays after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designatedin Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternatestriking method from the list of three (3) below. The order of striking namesfrom the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Carol Vendrillo

3. Morris Davis

12.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrangefor a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five ( 5) calendar days after completion 91 Project Stabilization Agreement
for the City of El Cerrito
14 of the hearing unlesssuch time is extendedby mutual agreement. A written opinion may be requestedby a party from the presiding arbitrator.

12.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreedupon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievancesor disputes.

12.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agreethat such settlementsshall not be precedentsetting.

12.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union( s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) againstwhom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union( s) prevail.

Provided doing so is not a violation of law or contract, the amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.

12.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agreeto a replacement.

ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

13.1 The assignmentof Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the Plan”) or any successor Plan.

13.2 All jurisdictional disputes on this Project between or among the building and construction tradesUnions 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 procedurethat may be adoptedin 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.

13.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composedof John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’ s hearing on the dispute shall be held at the offices of the California StateBuilding and Construction TradesCouncil in Sacramento, California within fourteen ( 14) calendar days of the selection of the arbitrator. All other proceduresshall be asspecified in the Plan.
92 Project Stabilization Agreement
for the City of El Cerrito
15 13.4 All jurisdictional disputesshall be resolved without the occurrenceof any strike, work stoppage, or slow-down of any nature, and the Employer’s assignmentshall be adheredto until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

13.5 Each Employer will conduct a pre-job conferencewith the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferencesand may participate if they wish. Pre-job conferencesfor different Employers may be held together.

ARTICLE XIV

MANAGEMENT RIGHTS

14.1 Consistent with the Master Agreements, the Contractor( s)/Employer( s) shall retain full and exclusive authority for the managementof their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observedwhich limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XV

DRUG AND ALCOHOL TESTING

15.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

15.2 Drug and alcohol testing shall be conducted in accordancewith the substance abuse prevention policies set forth in the applicable Master Agreement.

ARTICLE XVI

SAVINGS CLAUSE

16.1 If any article, provision, clause, sentenceor word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competentjurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordancewith its original intent.

16.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

16.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in 93 Project Stabilization Agreement
for the City of El Cerrito
16 order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVII
TERM

17.1 This Agreement shall apply until the Completion of eachProject in accordance with Sections 1.4 and 2.2.

17.2 This Agreement shall become effective on the Effective Date. It shall remain in full force and effect for a period of five ( 5) yearsfrom the Effective Date. Prior to eachfive ( 5) year anniversary of the Effective Date, the City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changesor termination, the Agreement will roll over for an additional five ( 5) years (“ Extended Term”).

ARTICLE XVIII

MISCELLANEOUS PROVISIONS

18.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/ or plural, in each instanceasthe context and/or particular facts may require.

18.2 This Agreement may be executed in counterparts, such that original signatures may appearon separatepagesand when bound together all necessarysignaturesshall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemedthe equivalent of original signatures.

18.3 Each of the personssigning this Agreement representsand warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and eachof the parties signing this Agreement warrants and representsthat such party is legally authorized and entitled to enter into this Agreement.

18.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respectivelegal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

18.5 All defined terms usedin this Agreement shall be deemedto refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

SIGNATURES TO FOLLOW]
94 9/28/22
9/28/2022
9/28/22
95 Boilennakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local# 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Reg ional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
fo r the City ofEl Cerrito 18
Scanned with CamScanner
96 Asbestos Workers Local # 16
Bricklayers Local # 3 •
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and W aterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Counci l # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern Cali fornia Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
97 Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and W aterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of EI Cerrito 18
98 ProjectStabilizationAgreement
for theCity of El Cerrito 18

UNION SIGNATURES
AsbestosWorkersLocal #16 TeamstersLocal #315
BoilermakersLocal #549 RoofersandWaterproofersLocal #81 BricklayersLocal #3 Iron WorkersLocal #378
ElevatorConstructorsLocal #8 NorthernCaliforniaDistrict Councilof Laborers, for itself andits affiliatedLocal Unions
SheetMetalWorkersLocal #104 CementMasonsLocal #300
OperatingEngineersLocal #3 InternationalBrotherhoodof ElectricalWorkers Local #302
District Council #16, PaintersandAllied Trades,
for itself andits affiliatedLocal Unions
NorthernCaliforniaCarpentersRegionalCouncil,
for itself andits affiliatedLocal Unions
SprinklerfittersLocal #483 UnitedAssociationLocal #159
UnitedAssociationLocal #342 UnitedAssociationLocal #355 PlasterersLocal #66
99 Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local# 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
100

UNION SIGNATURES
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
l) Q/ V £:,~
Operating Engineers Local # 3
District Council # I 6, Painters and Allied Trades,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
101
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGN A TURES
Teamsters Local # 315
Roofers and W aterproofers Local # 81
Iron Workers Local # 378
Nmthern California Distiict Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
vf~,
DstrictCouncil # 1 ~ AlliedTrades,
for itself and its affiliated Local Unions
Notthern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
102
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3
United Association Local # 342
Plasterers Local # 66

UNION SIGNATURES
AsbestosWorkersLocal #16 TeamstersLocal #315
BoilermakersLocal #549 RoofersandWaterproofersLocal #81 BricklayersLocal #3 Iron WorkersLocal #378
ElevatorConstructorsLocal #8 NorthernCaliforniaDistrict Councilof Laborers, for itself andits affiliatedLocal Unions
SheetMetalWorkersLocal #104 CementMasonsLocal #300
OperatingEngineersLocal #3 InternationalBrotherhoodof ElectricalWorkers Local #302
District Council #16, PaintersandAllied Trades,
for itself andits affiliatedLocal Unions
NorthernCaliforniaCarpentersRegionalCouncil,
for itself andits affiliatedLocal Unions
SprinklerfittersLocal #483 UnitedAssociationLocal #159
UnitedAssociationLocal #342 UnitedAssociationLocal #355 PlasterersLocal #66
104
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City o f E l Cerrito 18
105
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local# 302
District Council # 16 , Painters and Allied Trades ,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council ,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
106
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Ro ~® ersLo~ I
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 3 02
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
N orthern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 35 5
Project Stabilization Agreement
for the City of El Cerrito 18
107
ProjectStabilizationAgreement
for theCity of El Cerrito 18

UNION SIGNATURES
AsbestosWorkersLocal #16 TeamstersLocal #315
BoilermakersLocal #549 RoofersandWaterproofersLocal #81 BricklayersLocal #3 Iron WorkersLocal #378
ElevatorConstructorsLocal #8 NorthernCaliforniaDistrict Councilof Laborers, for itself andits affiliatedLocal Unions
SheetMetalWorkersLocal #104 CementMasonsLocal #300
OperatingEngineersLocal #3 InternationalBrotherhoodof ElectricalWorkers Local #302
District Council #16, PaintersandAllied Trades,
for itself andits affiliatedLocal Unions
NorthernCaliforniaCarpentersRegionalCouncil,
for itself andits affiliatedLocal Unions
SprinklerfittersLocal #483 UnitedAssociationLocal #159
UnitedAssociationLocal #342 UnitedAssociationLocal #355 PlasterersLocal #66
108
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
O
msLocal# 378 LJ ;;,
k} T._ "' -(
Notihern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council ,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
109
ProjectStabilizationAgreement
for theCity of El Cerrito 18

UNION SIGNATURES
AsbestosWorkersLocal #16 TeamstersLocal #315
BoilermakersLocal #549 RoofersandWaterproofersLocal #81 BricklayersLocal #3 Iron WorkersLocal #378
ElevatorConstructorsLocal #8 NorthernCaliforniaDistrict Councilof Laborers, for itself andits affiliatedLocal Unions
SheetMetalWorkersLocal #104 CementMasonsLocal #300
OperatingEngineersLocal #3 InternationalBrotherhoodof ElectricalWorkers Local #302
District Council #16, PaintersandAllied Trades,
for itself andits affiliatedLocal Unions
NorthernCaliforniaCarpentersRegionalCouncil,
for itself andits affiliatedLocal Unions
SprinklerfittersLocal #483 UnitedAssociationLocal #159
UnitedAssociationLocal #342 UnitedAssociationLocal #355 PlasterersLocal #66
110
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Co nstructors Local # 8
Sheet Meta l Wo rkers Local # 104
O perati ng Engin ee rs Local # 3

UNION SIGNATURES
Teamsters Local # 3 15
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern Californ ia Di strict Council of Laborers,
for itself and its affi li ated Local Unions
Cement Masons Local # 300
International Brotherhood of E lectrical Workers
Local # 302
District Council # 16 , Painters and Alli ed Trades,
for itself and its affiliated Local Unio ns
Northern California Carpenters Regional Counci l,
for itself and its affiliated Local U nio ns
Sprinklerfitters Local # 483
United Association Local # 342
Plastere rs Local # 66
United Association Local # 159
United Associati on Local # 355
Project Stabili zation Agreement
for the City of El Cerrito 18
111
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
No · er alifomia Carpenters Regional Council,
fi it f and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
112
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
United Association Local # 355
Project Stabilization Agreement
for the City of El Cerrito 18
113
Asbestos Workers Local # 16
Boilermakers Local # 549
Bricklayers Local # 3
Elevator Constructors Local # 8
Sheet Metal Workers Local # 104
Operating Engineers Local # 3

UNION SIGNATURES
Teamsters Local # 315
Roofers and Waterproofers Local # 81
Iron Workers Local # 378
Northern California District Council of Laborers,
for itself and its affiliated Local Unions
Cement Masons Local # 300
International Brotherhood of Electrical Workers
Local # 302
District Council # 16, Painters and Allied Trades,
for itself and its affiliated Local Unions
Northern California Carpenters Regional Council,
for itself and its affiliated Local Unions
Sprinklerfitters Local # 483
United Association Local # 342
Plasterers Local # 66
United Association Local # 159
Project Stabilization Agreement
for the City of El Cerrito 18
114
Project Stabilization Agreement
for the City of El Cerrito
19 Addendum A

AGREEMENT TO BE BOUND
Date]
Addressee]
Address]
Re: Project Stabilization Agreement for the City of El Cerrito Agreement to be Bound
Dear ________________:

The undersignedconfirms that it agreesto be a party to and bound by the Project Stabilization Agreement for the City of El Cerrito (“ Agreement”) as such Agreement may, from time to time, be amendedby the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally establishedtrust fund documentsasset forth in Section

8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agreesto executea separatesubscription agreement(s) for such trust funds when such trust fund( s) require( s) such document( s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Project Stabilization Agreement for the City of El Cerrito undertakenby the undersigned.

The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scopeof the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/ SUBCONTRACTOR:

California Contractor StateLicense No. or Motor Carrier (CA) Permit No.:

Name of Authorized Person (print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

StatePublic Works Registration Number:
115
Addendum B

SIDE LETTER
This Side Letter supplements the Project Stabilization Agreement for the City of El Cerrito (" Agreement"), entered into by and between the City of El Cerrito (" City") and the Contra Costa Building and Cons, tou ction Trades Council (" Council"), and its affiliated local Unions (" Unions"), on the ~ j day of Sf"Pffh:'.\,BlrR , 2022 , with respect to the El Cerrito del .

Norte Complete Streets Improvement project also known as the Del Norte Complete Streets project ( collectively " Del Norte Project").

Notwithstanding any provision of the Agreement, and in furtherance of the mutual benefits and commitments therein, the City and the Council ( collectively the " Parties ") hereby agree that the Del Norte Project shall not be subject to or covered by the Agreement.

The Parties ' agreement to waive the application of the Agreement to the Del Norte Project does not constitute a waiver of the application of the Agreement to any other Projects as defined in the Agreement. All other provisions of the Agreement shall remain in full force and effect.

The Council has been duly authorized to execute this Side Letter on behalf of the Unions , who consent to the terms herein. Each of the undersigned Parties warrant and represent that they are legally authorized to enter into this Side Letter.

IN WITNESS WHEREOF , this Side Letter is effective as of the date last indicated below.

CONTRA COSTA COUNTY BUILDING

AND CONSTRUCTION TRADES

COUNCIL
By:~~- 4. Y~
Bill Whitney, CE O 0

CITY OF EL CERRITO
By: t1/D), 1,tLf; uiLJ~ 4P
Paren Pinkos, City Manager
Date: 9/ 28/22
Project Stabili zation Agreement
for th e City of E l Cerrito
20 116
Project Stabilization Agreement
for the City of El Cerrito
21 ATTEST:

By: ________________________________
Holly M. Charléty, City Clerk
Date: __________________________
APPROVED AS TO FORM:

By: ________________________________
Sky Woodruff, City Attorney
Date: __________________________
154015\1289594
5175673.1
9/28/22
9/28/22
117

Hercules City CouncilOctober 3, 2023

Hercules City Council
October 3, 2023