Attach 3 - Project Stabilization Agreement for the City of El Cerrito

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 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.

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 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, and supervisorsabove 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 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.

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 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 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 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.

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.

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 made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and 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.

Project Stabilization Agreement
for the City of El Cerrito
12 9.3 Consistent with the Master Agreements, there shall 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.

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 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.

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 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]
9/28/22
9/28/2022
9/28/22
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
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
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
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
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

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
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
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
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
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
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
ProjectStabilizationAgreement
for theCity of El Cerrito 18

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
ProjectStabilizationAgreement
for theCity of El Cerrito 18

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
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
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
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
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:

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 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

Hercules City CouncilOctober 3, 2023

Hercules City Council
October 3, 2023