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HomeMy WebLinkAboutPS 2017-11-20 COMPLETE AGENDA PACKETCity of Tukwila Public Safety Committee o Thomas McLeod, Chair O Joe Duffie o De'Sean Quinn AGENDA Distribution: T. McLeod 3. Duffie D. Quinn D. Robertson Mayor Ekberg D. Cline C. O'Flaherty L. Humphrey MONDAY, NOVEMBER 20, 2017 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An ordinance relating to vehicle trespass. a. Forward to 11/27 C.O.W. Pg.1 Eric Dreyer, Police Department Commander and 12/4 Regular Mtg. b. Public safety facilities business assistance plan. b. Information only. Pg.7 Derek Speck, Economic Development Administrator c. An update on the design of Fire Station 51. c. Committee discussion. Pg.9 Rachel Bianchi, Communications and Government Relations Manager d. Public Safety Plan proposed contracting requirements. d. Committee direction. Pg.17 Rachel Bianchi, Communications and Government Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, December 4, 2017 46. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bruce Linton, Chief of Police BY: Eric Dreyer, Commander CC: Mayor Ekberg DATE: November 14, 2017 SUBJECT: Vehicle Trespass Ordinance ISSUE The King County Prosecutor's Office is not always able to file charges of felony auto theft. A Vehicle Trespass ordinance for the City of Tukwila will provide the police, prosecutor, and municipal court with a tool to hold criminals accountable. BACKGROUND Vehicle thefts and prowls have recently been increasing in King County. Due to the volume of these types of cases, it is becoming increasingly challenging for King County to prosecute these offenders. Despite the Tukwila Police Department's considerable efforts to bring these offenders to justice, an increasing number of offenders are not prosecuted and not punished adequately. Adopting Vehicle Trespass as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively prosecute these offenders in the Tukwila Municipal Court. DISCUSSION The Cities of Kent, Auburn, and Renton all have a vehicle trespass ordinance. They are charging people with vehicle trespassing when there is not quite enough for the King County Prosecutor's Office to charge auto theft. These other municipalities are now seeing the positive impacts of enforcing this ordinance. FINANCIAL IMPACT The financial impact of enforcing a vehicle trespass ordinance, is the jail and court costs associated with potential citations. RECOMMENDATION The Council is being asked to approve the Vehicle Trespass Ordinance and consider this item at the November 27 Committee of the Whole and then forwarded to the December 4 Regular Meeting Consent Agenda. ATTACHMENTS Proposed Vehicle Trespass Ordinance 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE RELATED TO VEHICLE TRESPASS, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 8.26; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, vehicle thefts and prowls have recently been increasing in King County; and WHEREAS, due to the volume of these types of cases, it is becoming increasingly challenging for King County to prosecute these offenders; and WHEREAS, despite the Tukwila Police Department's considerable efforts to bring these offenders to justice, an increasing number of them are not prosecuted and not punished adequately; and WHEREAS, adopting vehicle trespass as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively prosecute these offenders in the Tukwila Municipal Court; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8.26 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "Vehicle Trespass," to be codified as Tukwila Municipal Code (TMC) Chapter 8.26, is hereby established to read as follows: CHAPTER 8.26 VEHICLE TRESPASS Sections: 8.26.010 Vehicle Trespass Prohibited 8.26.020 Definitions 8.26.030 Penalty W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 1 of 3 3 Section 2. Regulations Established. TMC Section 8.26.010, "Vehicle Trespass Prohibited," is hereby established to read as follows: 8.26.010 Vehicle Trespass Prohibited A person is guilty of vehicle trespass if he or she knowingly enters, attempts to enter, or remains unlawfully in a vehicle belonging to another. Section 3. Regulations Established. TMC Section 8.26.020, "Definitions," is hereby established to read as follows: 8.26.020 Definitions A. The word "enter" shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. B. A person enters, attempts to enter or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. Section 4. Regulations Established. TMC Section 8.26.030, "Penalty," is hereby established to read as follows: 8.26.030 Penalty Vehicle trespass is a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs 4 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 3 of 3 5 6 TO: FROM: CC: DATE: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Public Safety Committee Derek Speck, Economic Development Administrator Mayor Ekberg November 14, 2017 SUBJECT: Public Safety Facilities Business Assistance Plan ISSUE Staff would like to brief the Committee on the next steps related assisting businesses that will be dislocated to build the Justice Center and City maintenance shops. BACKGROUND In 2016 the City adopted a Public Safety Plan to replace three aging fire stations, construct a new Justice Center to house the Police Department and Municipal Court, and construct a consolidated shops facility to house the City's street and vehicle maintenance operations. After a lengthy site selection process, on November 6, 2017 the City Council took final action selecting the sites. There are currently twenty licensed businesses located on the Justice Center site and four licensed businesses located on the future maintenance shops site. DISCUSSION City staff is working to develop a business assistance plan to help businesses that will be dislocated due to construction of the Justice Center and maintenance shops. At the Council meeting on November 6th, Councilmembers expressed a desire to help the businesses to the extent possible. Based on that, staff has begun outreach to the affected businesses to better understand their needs. Before the end of December, we plan to meet with every business individually and host a combined meeting with the Justice Center site businesses. We will bring a recommended business assistance plan forward to Council in January for consideration. The following five types of assistance are actions the City can implement fairly rapidly: 1. Available Property Listings — Staff can provide listings of commercial property for lease and for sale. 2. SBDC Counseling — The City contracts with the Small Business Development Center at Highline College to provide counseling services to small businesses in Tukwila. Staff can work with the SBDC to coordinate specific counseling sessions with the affected businesses. 3. Financial Assistance — The City can provide some modest direct financial assistance to help the business move or get reestablished. This would be a direct cost to the Public Safety Plan budget. 4. Lease -backs — The City may not need to demolish the structures immediately upon taking ownership the of the properties and can lease the spaces to the businesses. The lease back period can be at least one year without impacting the project construction timeline. That time is important to give the businesses time to find new locations. 5. Developer and Property Owner Introductions — Staff can introduce the businesses to key property owners and developers who may have space such as Tukwila Village, the SeaTac Center, etc. 7 INFORMATIONAL MEMO Page 2 Staff is exploring possibilities for helping the businesses on the Justice Center site relocate to spaces being developed in the Tukwila International Boulevard neighborhood. Following are some potential development opportunities that could include commercial space: 1. The future Justice Center 2. The future HealthPoint Health and Wellness Center 3. The former Newporter motel site (14820 Tukwila International Boulevard) 4. The former Traveler's Choice motel site (3747 S. 146th Street) 5. Knights Inn motel (14110 Tukwila International Boulevard) 6. Retail building (3920 S. 146th Street) The main challenge with these development opportunities is the time it will take before spaces would be available for businesses to move in. Sites 1 through 4 above would be new development and could take longer than the time the City could allow the businesses to stay in their current locations due to the project schedule for the Justice Center. Site 4 is currently used as a laydown yard for the City's 144th Street project. When those crews are done, Parks and Recreation is working with the International Rescue Committee to create a temporary pea -patch. That work could be halted and the site sold for development for commercial businesses. Sites 5 and 6 is the most likely to be able to accommodate businesses when they need to move from the Justice Center site. Both of these options would require the City to invest some funding, partner with other organizations for the purchase and redevelopment, and possibly use eminent domain. These sites are located within the City's community renewal district and had been identified by the City for possible purchase in 2013. FINANCIAL IMPACT The financial impact is not known at this time. RECOMMENDATION This item is for information only. ATTACHMENTS None W:12017 Info Memos\Business Assistance.doc 8 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Community Development and Neighborhoods Committee Public Safety Committee FROM: Rachel Bianchi CC: Mayor Ekberg DATE: November 7, 2017 SUBJECT: Fire Station 51 Design Update ISSUE City staff and consultants seek to share information about the design of Tukwila's new Fire Station 51. BACKGROUND As a part of implementing the Public Safety Plan, the City's fire stations architects, Weinstein A+U are finishing up schematic design of Fire Station 51. The intent is to share the initial drawings with the public at the City's Open House scheduled for December 2 from 10:00 a.m. to Noon at the Water District 125/Valley View Sewer building. Staff would like to ensure that Council has the opportunity to review the drawings first. RECOMMENDATION Information and discussion only ATTACHMENTS Fire Station 51 schematic designs 9 10 TUKWILA FIRE STATION 51 1 Floor Plan EXTERIOR COVERED PARKINGISTORAGE BATTERYISTOR TATION OFFICE /7 INE 9F ROOFABOVE/ Scale: 118• =1'-0' G� WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS N TUKWILA FIRE STATION 51. I Illustrative Site Plan -`. EXISTING -`DETENTION POND WEI NSTEIN A+U W SWIFTCOMPANYL" • FRONT APRON O REAR APRON • VISITOR PARKING • TRASH/RECYCLING • GENERATOR/FUELING O FIREFIGHTER PARKING • COURTYARD O PUBLIC ENTRY PLAZA O SLOPED PLANTING AND BIORETENTION CELL • FEATURE SEAT WALL • VEHICULAR CONCRETE PAVING • PERMEABLE CONCRETE PAVING • PEDESTRIAN CONCRETE PAVING • SECURITY FENCE • SECURE GATE 14 TUKWILA FIRE STATION 51 I 3D View WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS 16 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi CC: Mayor Ekberg DATE: November 15, 2017 SUBJECT: Local hiring, apprenticeship and disadvantaged business enterprises direction for the Public Safety Plan ISSUE Staff is seeking committee direction as to how we achieve our shared goals of including local hiring, disadvantaged business enterprises (DBEs) and apprenticeships on Public Safety Plan projects. BACKGROUND In May, staff brought to committee draft pilot policies to secure local (within 10 miles of Tukwila) workers on Public Safety Plan projects and encourage the use of DBEs in the construction of the projects. The City's previous resolution of utilizing apprenticeships on public works projects over $1 million would also apply. Staff was directed to return with a more formal approach to securing these policy goals due to the concern that such policies were more aspirational in nature. Staff has been working to develop a draft Community Workforce Agreement/Project Labor Agreement (CWA/PLA) and has sought technical assistance from the City of Seattle. Seattle staff reviewed the draft agreement attached here and provided insight into their experiences executing and monitoring CWA/PLAs. In the meantime, the Council's Program Management Quality Assurance (PMQA) consultant noted in the September monthly report that "The Council needs to weigh the cost and efficacy of a formal PLA/CWA approach in light of your draft equity policy and the stations' budget stress. An alternative approach like the University of Washington's would be less costly and equally effective." The Public Safety Committee discussed the PMQA's observations at the October 16 council meeting and directed staff to return with both the CWA/PLA, which it had not yet seen, and the initial draft policies. There are many different reasons to choose either option. Below are facts that may help the Committee provide additional direction to staff: • The City's RFP process for the GC/CM for the fire stations included scored questions on firms' experience with and commitment to workforce diversity. This will also be true for the Justice Center and Public Works facility. • The GC/CM selected for the fire stations is a signatory to both the carpenters and laborer's collective bargaining agreement (CBA), meaning that they already comply with all working condition issues laid out in the CWA/PLA. However, the local hire portion is not in the CBA they are currently under. • A CWA/PLA would require ongoing monitoring, auditing and job -site visits by either staff or a third -party consultant charged with this task. The City does not currently have budget or staff available for this. • Lydig, the GC/CM selected for the fire stations, has a strong commitment to DBE and local workforce diversity. They have a dedicated staff member focused on these issues and 17 INFORMATIONAL MEMO Page 2 have ongoing relationships with DBE contractors and organizations such as Tabor 100. They have identified strategies for local networking and outreach activities in the area and have an active mentoring and technical support program for potential local subcontractors and suppliers. They have experience exceeding aspirational DBE achievement goals, including: o Bow Lake Transfer Station: Owner's DBE utilization goal was 15%, Lydig achieved 27.2% with a 15% apprenticeship utilization. o Cascadia Elementary & Robert Eagle Staff Middle Schools: Owner did not have a DBE utilization goal, Lydig achieved 24% with a 15% apprenticeship utilization. o Mt. Rainier High School (Des Moines): Achieved 26% DBE utilization. • A CWA/PLA ensures no work stoppages, strikes, pickets or lockouts. • A formally adopted CWA/PLA could result in a change order from the contractor, increasing the cost of the overall project. RECOMMENDATION Staff is seeking direction from the committee as to which direction to move forward to achieve our shared goals of local workforce participation, and DBE and apprenticeship utilization. ATTACHMENTS - May 10, 2017 Public Safety Committee Memo and proposed policies for DBE and local hiring - October 16, 2017 Public Safety Committee Memo - Draft Community Work Force Agreement/PLA W:12017 Info Memos\PS CWAIIPLA or Aspirational Memo.doc 18 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: May 10, 2017 SUBJECT: Public Safety Plan Local hiring and disadvantaged business enterprises (DBE) participation Pilot Policy Proposals ISSUE The Administration and Council share a goal of inclusive hiring as a part of implementing the City's Public Safety Plan. BACKGROUND Local hiring and disadvantaged business enterprise participation goals were discussed at the March 201" Public Safety Committee and the March 27th Community Development & Neighborhoods Committee. The overarching theme from both committees was support for tools to encourage local hiring/apprenticeships and DBE participation without compromising affordability and timeliness. Formal labor agreements are very cumbersome and time consuming even for large agencies on large projects. Staff analysis has shown that implementing a formal agreement would require dedicated City staff to oversee, monitor and audit such a program. There is no funding in the Public Safety Plan or the City's General Fund for such a position. Staff has developed several pilot policy proposals that will achieve the same goal by requiring construction contractors to incorporate a set percentage of local hiring and DBEs into their work, The burden of tracking and reporting of local hires and DBEs will rest with the construction contractor and construction management team. No additional city staff will be required for these proposals. RECOMMENDATION Staff would like to include pilot specifications in our upcoming Public Safety Plan construction. contracts, based on the attached pilot policy proposals. These specifications will require the Public Safety Plan construction contractors to give priority preference to local area hiring and DBE subcontractors and achieve a set percentage goal based on good faith efforts. These proposals would apply to the construction contracts for Fire Stations 51, 52, 54, the Justice Center and the new Public Works Shops. The Committee is being asked to provide feedback on the attached proposed pilot policies, which will be forwarded to the May 22, 2017 Committee of the Whole for consensus. Attachments: Local Hiring Proposed Pilot Policy DBE Proposed Pilot Policy 19 20 Proposed Pilot Policy Local Hiring for City of Tukwila Public Safety Plan Construction Projects Section 1 - Purpose. The purpose of this policy is to create a framework that encourages contractors who receive City public works contracts to hire residents of the Tukwila Area. As a pilot project, all Public Safety Plan construction contracts shall contain provisions pursuant to which the contractor promises to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than 15% of the contractor's total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Tukwila Area residents. If the GCCM delivery method is chosen instead of traditional bidding, the good faith effort certification will be adjusted to reflect corresponding milestones. Any GCCM selection process will include local hiring. Section 2 - Definitions Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) Contractor. Any person or entity, which, pursuant to a written agreement or purchase order, provides labor or materials on public works projects for the City. (b) Days. Calendar days unless otherwise specified. (c) Qualified Individual, A person who is specially trained, skilled, and experienced in the work, trade, or craft specified in the portion of the public work of improvement to be performed or who is enrolled in a certified state or federally approved apprenticeship program in the applicable trade or who is a journey person in his or her applicable trade. (d) Tukwila Area. Zip code areas within the City of Tukwila limits and zip code areas within 10 miles of the center of Tukwila (1-405/1-5 Interchange) as shown on Attachment A "Tukwila Area Zip Codes". (e) Construction Project. A City of Tukwila Public Safety Plan construction project valued at over $1,000,000, awarded by contract. (f) Resident of the Tukwila Area. An individual who is domiciled within the boundaries of the Tukwila Area immediately preceding the date of the bid advertisement by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as rent/lease agreement, telephone and utility bills or payment bills, a valid Washington State driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the Tukwila Area. 21 (g) Subcontractor. Any person or entity, which, pursuant to an agreement or purchase order with a City contractor or another subcontractor, participates in the provision of labor or materials for construction projects for the City. Section 3. Exceptions The provisions of this article shall not apply under the following circumstances: (a) Whenever a state or federal law or regulation applicable to a particular contract prohibits the provision of a local hire requirement; or (b) Whenever the City, in accordance with the requirements of this Code or state law, determines that the contract is necessary to respond to an emergency which endangers the public health, safety, or welfare. (C) Whenever the City determines that a suitable pool of persons providing specialized skills does not exist locally for a specific public works project. Whenever an exception is imposed, the basis of the exception shall be included in the staff report to the City Council. Section 4. Requirements for Contractors Submitting Bids (a) A contractor who is submitting a formal bid to the City for a construction project must promise to make a good -faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than fifteen percent (15%) of the contractors total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Tukwila Area residents. (b) A "good -faith" effort means the contractor will take the following or similar actions to recruit and maintain Tukwila Area residents as part of the construction workforce: 1. Contact local recruitment sources to identify qualified individuals who are Tukwila Area residents; 2. Advertise for qualified Tukwila Area residents in trade papers and newspapers of general circulation in the Area, unless time limits imposed by City do not permit such advertising; 3. If portions of the work are to be performed by subcontractors, identify qualified subcontractors whose workforce includes Tukwila Area residents; 4. Host a job fair for prospective local applicants; 5. Outreach to the Tukwila and Highline School Districts with informational flyers to go home with students advertising open positions and job fairs; and 5. Develop a written plan to recruit Tukwila Area residents as part of the construction workforce. (c) Every bidder must complete and sign under penalty of perjury a Certification of Good -faith Effort to Hire Tukwila Area Residents, on the form provided in the City's bid package, and submit said Certification with the sealed bid no later than the date and time of the bid opening. Bidder shall attach to the Certificate documentary evidence supporting bidder's promise to meet or make a good -faith effort to meet the local hiring goal. 22 (d) Contractor shall include in every subcontract relating to the project the requirement that the subcontractor promises to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area. Contractor shall be responsible for subcontractor's compliance under this article, (e) Prior to submitting bids, bidders shall ensure that all subcontractors listed in their bids are not disqualified or debarred. (f) Contractors who have been disqualified or debarred may not submit bids during the period of disqualification. Any bid received from a bidder who is currently disqualified will be returned to the bidder unopened. Section 5. Requirements for Prospective Subcontractors (a) Any subcontractor for work, laborers or materialmen relating to a project subject to this article will be required, in his or her contract with the prime contractor, to make a good -faith effort to hire qualified individuals who are residents of the Tukwila Area. (b) A "good -faith effort" means the subcontractor will take actions such as those required of contractors to recruit and maintain Tukwila Area residents as part of subcontractors workforce. Subcontractor shall maintain documentary evidence of such actions. (c) Subcontractors who have been disqualified or debarred may not be listed in a prime contractor's bid for a City public works project and may not submit bids during the period of disqualification. Section 6. Non-responsive Bids The City may declare a bid to be non-responsive under the provisions of this article for good cause including, but not limited to, the following circumstances: (a) If a bidder fails to complete and sign under penalty of perjury the Certification of Good -Faith Effort to Hire Tukwila Area residents and to submit said Certification with his or her sealed bid no later than the date and time of the bid opening; or (b) If a bidder fails to comply with the good -faith effort requirements set forth in; or (c) If a bidder or a subcontractor listed by the bidder has been disqualified or debarred pursuant to herein or any other disqualification action. Section 7. Required Documentation During the performance of the contract, the contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classification, hours employed, proof of qualified individual status, per diem wages and benefits of each person employed by the contractor on the specific public works project, including full-time, part-time, permanent and temporary employees. Contractor shall require all subcontractors on the project to maintain records of the same information for subcontractor's work force on the project and shall require subcontractor to provide a copy of those records to contractor 23 upon contractors request. Contractor shall make contractor's and subcontractor's records available to the City, upon request, within five working days. Section 8. Forms Submitted Under Penalty of Perjury. All forms required under this article shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. Section 9. Disqualification. If the City finds that a contractor to whom a City contract for public works has been awarded, or a subcontractor listed by contractor on a public works project, has failed to comply with the good -faith hiring provisions of Section 4(b) during the performance of the contract, the City may disqualify the contractor and/or subcontractor from bidding or being listed in any bid on any City contract for public works for a period of one (1) year from the date of the City's disqualification for a period of three (3) years. The City of Tukwila will keep a current list of all disqualified contractors and subcontractors on file. 24 Proposed Pilot Policy Disadvantaged Business Enterprise in City of Tukwila Construction Projects Section I. Purpose The purpose of this policy is to ensure nondiscrimination in the award and administration of City of Tukwila construction contracts and to create a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can fairly compete. All City of Tukwila Public Safety Plan construction contracts subject to formal bidding requirements shall contain specifications pursuant to which the contractor certifies that they will make a good faith effort to achieve the contractual DBE goal. If the GCCM delivery method is chosen instead of traditional bidding, the good faith effort certification will be adjusted to reflect corresponding milestones. Any GCCM selection process will include DBE participation. Section 2. Definitions. a. Construction Contract. A City of Tukwila Public Safety Plan construction project valued at over $1,000,000, awarded by contract. b "Disadvantaged Business Enterprise" or "DBE" as defined and certified by the Washington State Office of Minority and Women's and Business Enterprises. c. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. d. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this policy which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Detailed examples of good faith efforts will be included in contract provisions. Section 3. Process a. The Contractor will solicit Disadvantaged Business Enterprise (DBE) participation through reasonable and available means, meet the specified contract DBE goal, and show agood faith effort to obtain DBE participation. b. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of any contract. c. The requirements of this policy shall be physically included in contract and subcontract documents. d. By signing a contract proposal, the Bidder will be certifying that the DBE goal as stated in the bid documents proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. Section 4. Contractor's Responsibilities. The Contractor must satisfy the following requirements: 25 a. Immediately after bid award of the contract, the Contractor shall submit a letter specifying details for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached. b. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported. c. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation. A "good faith" effort means the contractor will take the following or similar actions to recruit and maintain DBEs as part of the construction workforce: 1) Contact local DBE sources to identify qualified DBE firms; 2) Advertise for qualified DBEs in trade papers and newspapers of general circulation in the Area, unless time limits imposed by City do not permit such advertising; 3) Host a job fair for prospective DBE participants; and 4) Develop a written plan to attract DBEs as part of the construction workforce. f. The Contractor shall not terminate for convenience a DBE subcontractor named in the bid documents. Prior to terminating or removing a DBE subcontractor named in the bid documents, the Contractor must have a written consent from the City of Tukwila. g. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. Section 7. Records and Reports. a. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation. Report payments made to non -DBE HUBS. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. b. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. c. All such records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. d. Prior to receiving final payment, the Contractor shall submit a final DBE utilization report. If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report." 26 itavi:f: 98072 98077 98019 98117 98052 98014 98199 98185P0 5.0, 98105 98053 98024 98009P 8015P 98074 98029 98065 98027 98045 • 98025P0 98038 98042 98051 Fe•derat 4>'. 98010 98022 ip Code Incorporated Areas --•----- Freeways 0 5 Mdes tlU11lC1 aW 10 January 2013 Lg King County GIS CENTER 17 27 28 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: October 10, 2017 SUBJECT: Public Safety Plan Local Hiring and Disadvantaged Business Enterprise Participation ISSUE Update on local hiring and disadvantaged business enterprise (DBE) participation in the Public Safety Plan DISCUSSION In 2017 the City Council has been exploring how to ensure or increase participation by local workers and disadvantaged business enterprises in construction of the Public Safety Plan projects. General goals were discussed at March meetings of the Public Safety and Community Development and Neighborhoods Committees, which each directed staff to return with a proposal for Council consideration. At the May 15, 2017 Public Safety Committee meeting, staff noted that the City of Tukwila does not have the staffing capacity to perform the tracking and reporting that goes along with formal labor agreements, and instead presented two draft pilot policies that would require contractors to incorporate a set percentage of local hiring and DBEs. In discussing the proposed policies, the Committee expressed concern that they would not go far enough in achieving the goals, and directed staff to return with a draft formal labor or workforce agreement, and information on potential costs. Staff has developed a draft PLA/CWA pilot agreement. Staff has also had discussions regarding a potential contract with Seattle to provide the oversight and management of a pilot PLA/CWA, since Tukwila staff lack both the time and expertise. Seattle has indicated a willingness to enter into an interagency agreement for such services and is currently reviewing the draft PLA/CWA document to provide subject matter expertise and inform the final draft with their experience. Staff has intended to return to Committee with the draft PLA/CWA and interagency agreement per direction received at the May 15 Public Safety Committee meeting. The September monthly report from the Council's Program Management Quality Assurance (PMQA) Consultant, Steve Goldblatt, noted that "The Council needs to weigh the cost and efficacy of a formal PLA/CWA approach in light of your draft equity policy and the stations' budget stress. An alternative approach like the University of Washington's would be less costly and equally effective." Because there was Council consensus to address recommendations from the monthly PMQA reports through the committee process, the Public Safety Committee would like an update from staff on the status of their efforts, and an opportunity to discuss the issue would updated contextual information. DISCUSSION The Committee is asked to discuss this topic and provide direction on next steps to return to the Committee on November 6, 2017. 29 30 CITY OF TUKWILA PILOT COMMUNITY WORKFORCE AGREEMENT FOR Tukwila Public Safety Plan Fire Station Projects DRAFT: November 2017 WITH Seattle Building and Construction Trades Council 31 COMMUNITY WORKFORCE AGREEMENT Tukwila Public Safety Plan Fire Station Projects Parties: This CWA is an agreement between the City of Tukwila and Unions that are signatory to this Agreement. The GC/CM Contractor, and all subtier contractors, shall also be signatory upon contract award. Background Statement This Community Workforce Agreement establishes a spirit of harmony, labor-management peace, and stability, to support timely construction of Tukwila Public Safety Plan Fire Station Projects, which requires substantial numbers of construction and supporting craft workers possessing skills and qualifications vital to its completion. This Agreement assures skilled, efficient craft workers to construct the Project, and stabilizes wages, hours and working conditions for craft workers. It provides close cooperation between the City, Contractor(s) and Unions for a satisfactory, continuous and harmonious relationship. This Agreement provides an unprecedented agreement towards social equity, shared prosperity, labor equality and diversity for all of Tukwila communities. The Agreement includes: An aspirational goal to hire 15% of the workforce from economically distressed zip codes which shall be defined and prioritized by the City; Provide direct entry for graduates of pre -apprenticeship programs, with a goal of 20% of all apprentice hours be performed by pre -apprenticeship program graduates. An aspirational goal that of the 15% of all project hours performed by apprentices, at least 30% of such apprentices will be people of color and 24% shall be women. An aspirational goal that 12% of all project hours shall be performed by women and 21% of all project hours shall be performed by people of color. It is the City of Tukwila's goal to establish a policy to promote and ensure equality for women and minorities within City contracts. Minority and woman businesses and workers are under -represented on City of Tukwila construction contracts. Contractors must perform affirmative, good faith and meaningful efforts to employ and subcontract with women and minorities. The City supports development of a skilled construction workforce through apprenticeship and training organizations, particularly for women, minorities and others facing significant employment barriers. City of Tukwila Resolution 1814 requires apprentices to perform not less than 10% of the total labor hours for the life of the contract on all projects over $1 million. The local region has economically distressed areas with high unemployment and low incomes. The City recognizes various neighborhoods suffer from a significant concentration of such economic distress, which compounds the effects of economic disparity not only on the individual and families, but also on the community as a whole. The City of Tukwila supports the development of a skilled, qualified and diverse workforce for Tukwila, including skilled union workers as part of shared prosperity for all in the City. The City of Tukwila has hired an architect to design the Tukwila Public Safety Plan Fire Station Projects. The Public Safety Plan includes a voter -approved (November 8, 2016) Public Safety Bond to pay for three fire stations, guaranteed funding for fire equipment and apparatus for the life of the 20 - year bond and the construction of a Justice Center to house the City's Police Department and Municipal Court. 32 Tukwila Public Safety Plan Fire Station Projects are expected to provide many jobs for local workers and such jobs are important to the city and the region; and the parties to this agreement are working in good - faith and with affirmative efforts to promote opportunities for workers who are women, people of color, and those from economically distressed areas. The parties to this agreement value the interest and supportive involvement of community associations, stakeholders and individuals, and sought their help to create and define this CWA perspective and vision. 33 COMMUNrf'Y WORKFORCE AGREEMENT Tukwila Public Safety Plan Fire Station Projects This Agreement is entered into this , 2017 by and between the City of Tukwila ("City"),its successors or assigns ("GC/CM Contractor"), and the "Unions" including the Pacific Northwest Regional Council of Carpenters, and the Seattle King County Building Trades acting on their own behalf and on behalf of their respective affiliates and members whose names are subscribed hereto and who have, through their duly authorized officers, executed this Agreement," with respect to the construction of the Tukwila Public Safety Plan Fire Station Projects ("Project"). The term "GC/CM Contractor" refers to the General Contractor/Construction Management Contractor alone. The term "Contractor" includes all construction contractors and subcontractors of whatever tier engaged in onsite construction work for the Project, including the GC/CM Contractor when it performs Project construction work. PURPOSE The Parties to this Community Workforce Agreement (CWA) acknowledge that construction of the Tukwila Public Safety Plan Fire Station Projects is important to the City of Tukwila. The Parties recognize the need for timely completion of the Project without interruption or delay. This Agreement enhances cooperative efforts between the parties through establishment of a framework for labor-management cooperation and stability. The City, Contractor(s) and Unions agree that the timely construction of this Project will require substantial numbers of employees from construction and supporting crafts possessing skills and qualifications vital to its completion. They will work together to furnish skilled, efficient craft workers to construct the Project. The parties desire to stabilize wages, hours and working conditions for craft workers on this project, to encourage close cooperation between the Contractor(s) and Unions for a satisfactory, continuous and harmonious relationship between the parties to this Agreement. In recognition of the special needs of this Project and to maintain a spirit of harmony, labor- management peace, and stability, the parties agree to abide by the terms and conditions in this Agreement. and establish effective and binding methods for settlement of misunderstandings, disputes or grievances that may arise. The Contractor(s) agree not to engage in any lockout, and the Unions agree not to engage •in any strike, slow -down, or interruption or other disruption of or interference with the work covered by this Agreement. 34 ARTICLE I SCOPE OF AGREEMENT Section 1. This Agreement shall apply and is limited to the recognized and accepted historical definition of new construction work under the direction of and performed by the Contractor(s) and Sub -Contractors, of whatever tier, which may include the GC/CM Contractor, who have contracts awarded for such work on the Project. Such work shall include site preparation work and dedicated off-site work. The Project is known as the Tukwila Public Safety Plan Fire Station Projects. The GC/CM Contractor shall require all Contractors of whatever tier who are awarded contracts for Project work, to accept and be bound by the terms and conditions of this Agreement. The GC/CM Contractor, all other contractors and subcontractors shall execute a Letter of Assent (Attachment A) before commencing work. The GC/CM Contractor shall assure compliance with this Agreement by all GC/CM Contractors. If the CWA is silent on any issue, the local Collective Bargaining Agreement(s) shall prevail; where there is a conflict, the terms and conditions of this Agreement shall supersede and override terms and conditions of any and all other national, area, or local collective bargaining agreements, except for all work performed under the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of except for Article V,VI, and VII of this Project Agreement, which shall apply to such work. This is a self-contained, stand alone, Agreement and that by having become bound to this Agreement, the Contractors will not be obligated to sign any other local, area, or national agreement. This agreement contains attachments which may be updated from time to time; are incorporated by this reference; all amendments with mutual signatures of the parties are also hereby incorporated by this reference. Section 2. Nothing herein shall prohibit, restrict, or interfere with any operation, work, or function which may occur at the Project site or be associated with developing the Project. Section 3. This Agreement shall only be binding on the signatory parties hereto and shall not apply to their parents, affiliates or subsidiaries. Section 4. The City and/or GC/CM Contractor have absolute right to select any qualified bidder for award of Project contracts without reference to the existence of any agreements between such bidder and any party to this Agreement; provided, however, only that such bidder is willing, ready and able to become a party to and comply with this Agreement, should it be designated the successful bidder. Section 5. Any work identified in RCW Chapter 39.12 (Prevailing Wages) will be subject to this Agreement. Section 6. This Agreement shall not apply to City employees and nothing herein shall prohibit or restrict City employees from performing Project work not covered within this Agreement as areas and systems of the Project are inspected and construction tested by the Contractors and accepted by the City, the Agreement will not have further force or effect on such 5 35 items or areas, except when the Contractors are directed by the GC/CM Contractor or the City to engage in, modifications, and check-out required by its contract with the City during this Agreement. Section 6. The City, at its sole option, may terminate, delay and/or suspend any or all portions of the Project. Section 7. The liability of any employer and the lability of the separate unions under this Agreement shall be several and not joint. The unions agree this Agreement does not have the effect of creating any joint employer status between or among the City, Contractor(s) or any employer. ARTICLE II PROJECT CONDITIONS Section 1. Workers shall be at their place of work at the designated starting time and shall remain during work hours until their designated quitting time. As practicable given City contract requirements for the project, parking will be available to workers close to the project location. If project sites don't allow for sufficient onsite parking for workers, the Contractor will provide for transportation and/or shuttling to a nearby controlled parking lot for workers. Section 2. The Contractor has the exclusive duty to ensure all OSHA and WISHA provisions are met and exceeded in order that the safety and health of all workers is maintained at a high level. Contractors will provide a copy of the Contractor's safety rules at the preconstruction conference. The Contractor is responsible for providing personal protective equipment (PPE) per WAC 296, and is expected to replace PPE at appropriate intervals which may be subject to discussion by the Union and the Contractor. Safety rules shall be posted at the job site and shall be uniformly enforced. Section 3. Should a Contractor seek to change any safety rule during a project, such proposed changes shall be discussed at Joint Administrative Committee meetings prior to implementation. ARTICLE III WAGE RATES AND FRINGE BENEFITS Section 1. Contractors of every tier shall adhere to the applicable Federal and/or State prevailing wage rates for all craft workers, in effect at the time each Covered Project is bid. If both Federal and State prevailing wage requirements apply, the higher wage rate will prevail. Each September, Contractors of every tier shall incorporate all increases to such wage and benefits rates that are announced by the State or Federal government, as applicable, for the duration of each Covered Project. Federal updates to Davis Bacon wages will not be incorporated and updated until the annual September adjustment. Such wage increases shall be made effective the first full payroll period following the effective date. Wages shall be paid weekly on an established payday before quitting time. Workers who quit shall be paid weekly on an established payday before quitting time. Workers who quit shall be paid on the next regular payday by mail to their last known address unless such workers give adequate notice to do otherwise. Section 2. The workweek for payroll purposes will begin with the first day shift on Monday morning and end on the following Monday morning (the workweek for any project may be 36 modified by mutual consent). The Contractor will have the following options of making payment at the election of the employee in writing at the time of hire or with ten (10) business days' notice of a change: 1) negotiable check by a local bank, paid prior to quitting time at the job site; 2) direct deposit, into worker's bank account; or 3) by mail. If paid by mail, the check shall be postmarked no later than two (2) business days prior to the established payday. Section 3. The Contractor will furnish appropriate trust documents and signed letters of assent, to the Union that is covering the funds into which contributions shall be made. The Contractor will contribute to, and hereby becomes party to and is bound by bona fide pension, vacation, health and welfare, apprenticeship and training funds covering workers under this Agreement. Section 4. If contribution payments for hours worked each month as defined above are not received by the Health and Welfare Fund office or Pension Fund office within the date prescribed by the appropriate trust funds, the Fund will make every effort to resolve the delinquency with the Contractor and will notify the Contractor, Prime Contractor (if different) and the City of such delinquency with all documentary evidence of the delinquency endorsed by the Fund. ARTICLE IV HOURS OF WORK, OVERTIME AND SHIFTS Section 1. Hours of Work (Section 2 below) and Shifts (Section 4 below) may be preempted by the City contract and/or City through instruction to the Contractor, based on unforeseen project needs, provided adequate notice is given to the Union. Section 2. Hours of Work: The standard workday shall consist of eight (8) hours of work scheduled between 7 a.m. and 7 p.m. with one-half hour designated as an unpaid period for lunch. The starting time may be different (staggered) on a crew basis. The standard workweek shall be five (5) days of work, Monday through Friday. Nothing herein shall be construed as guaranteeing any employee eight (8) hours of work per day or forty (40) hours of work per week. Section 3. Overtime: All hours worked in excess of eight (8) hours per day, or forty (40) hours per week of straight -time, or outside of regular shift, Monday through Friday and Saturday shall be paid in accordance with applicable State and Federal prevailed wage requirements. There shall be no pyramiding of overtime pay. Holidays, pursuant to SMC 4.20.190 and RCW 1.16.050, are named in the City Covered Project contract specifications and include: 1. New Year's Day (January 1) 2. Martin Luther King Jr Birthday (Third Monday of January) 3. Presidents Day (Third Monday of February) 4. Memorial Day (Last Monday of May) 5. Fourth of July 6. Labor Day (First Monday of September) 7. Veteran's Day (Eleventh Day of November) 8. Thanksgiving (Fourth Thursday of November) 9. Post -Thanksgiving Friday (Friday immediately following Thanksgiving Day) 10. Christmas (December 25) Section 4. Shifts: Shifts may be established for some or all crews when considered necessary by the Contractor or as directed by the City project contract. When three (3) shifts are worked, the first, or day shift shall be established on an eight (8) hour basis, 8 the second shift shall be established on a seven and one-half (7'/) hour basis and the third shift shall be established on a seven (7) hour basis. The pay for the second and third shifts shall be the equivalent of eight (8) 7 37 hours pay at the employee's regular hourly rate. When shift work is established, it must continue for a minimum of five consecutive days on a schedule of 8 hours per day, 5 days a week. If only two shifts are to be worked, each shift will work eight (8) hours for eight (8) hours pay. In any shift change 2 business days' notice to the affected union shall be provided. There shall be no split shifts. Other shift provisions may be established by mutual consent of the parties. Section 5. Meal Period: Workers shall not be required to work more than five hours from the start of the shift without at least one-half hour unpaid uninterrupted break for lunch. This lunch period shall not begin earlier than three and one-half hours after the start of the shift. In the event that the Contractor establishes a ten-hour shift, the meal periods shall be at mid -shift. The worker meal periods may be staggered on an individual basis. a) If a craft worker is required to work more than five hours before breaking for lunch, they shall be paid one-half hour at the applicable overtime rate and shall eat their lunch on company time. b) An additional hour of overtime pay shall be provided in lieu of lunch. c) Craft workers required to work more than two hours after the end of an eight-hour shift and one hour after a ten-hour shift shall be furnished a meal and paid one-half hour at the applicable wage rate and every five hours thereafter a craft worker shall be given time for a meal. Mealtime shall be paid at the applicable overtime rate and adequate lunch shall be provided by the Contractor at the jobsite. d) An additional hour of overtime pay shall be provided in lieu of a second lunch. Section 6. Rest Facilities: Adequate sanitary and restroom facilities will be provided at the work location to allow workers to wash-up before and after their meal. The Contractor shall furnish warm, dry, lighted rooms of ample size equipped with heat for drying clothes and with benches and tables for use during meal periods. These are to be situated close to the site of the work and shall not be used for storage of materials or equipment. Section 7. Reporting to Work Pay: Any worker who reports for work (except when given notification not to report to work 2 hours prior to shift), and for whom no work is provided, shall receive two (2) hours pay. Any worker who reports for work and for whom work is provided, shall be paid for actual time worked but not less than four (4) hours. If the job is shut down because of adverse conditions that prevent work and are beyond the control of the Contractor, workers shall be paid for actual time worked but not less than two (2) hours. Procedures for the Contractor to use to cancel work shall be agreed upon at the pre -job conference. ARTICLE V UNION RECOGNITION Section 1. The Contractor(s) recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this CWA. Section 2. All employees covered by this CWA who are Union members and working for a contractor signatory to a collective bargaining agreement other than this CWA, shall remain members in said Union during the term of this CWA. Section 3. For all employees, not members of a Union, becoming and remaining a member of the Union shall not be required for employment under this CWA. All workers not currently a member of the appropriate Union signatory to this CWA shall, however, be required to pay a representational fee for the period during which they are performing covered work. Section 4. The Contractor(s) agree to deduct Union Dues or Representation Fees from and remit 38 same to the Union monthly. Employees will be required to sign an authorization form. Section 5. Authorized Union representatives shall have reasonable access to the Project, provided they do not interfere with the work of the employees, and provided that such representatives fully comply with the visitor, safety and security rules established for the Project. Section 6. The Business Representative(s) for each of the Local Unions signatory hereto shall have the right to designate for each shift worked with each Contractor one (1) working journey -level worker as Steward for all related craft personnel, who shall be recognized as the Union's representative for a signature hereto. Such designated Stewards shall be qualified workers assigned to a crew and shall perform the work of their craft. Under no circumstances shall there be a non -working steward on the job. Section 7. The working Steward shall be paid at the applicable wage rate for the job classifications in which they are employed. Section 8. Steward(s) for each craft of the signatory Unions employed on the Project shall be permitted on the Project site at all times. They shall not be subjected to discrimination or discharge for performing proper union business. The Unions agree that such business shall not unreasonably interfere with the Steward's work for the Contractor. Section 9. The employee selected as Steward shall remain on the job if there is work within their craft for which they are qualified, willing, and able to perform. The Contractor shall be notified in writing of the selection of each Steward. The Contractor shall give the Unions prior written notice before discharging a Steward. Section 10. The Steward may not cause or encourage a work stoppage and, if found guilty of instigating such action, will be subject to disciplinary action by the Contractor, including discharge. Section 11. The Steward's duties shall not include hiring and termination. Section 12. The Stewards shall be given the option of working all reasonable overtime within their craft and shift provided they are qualified to perform the task assigned ARTICLE VI MANAGEMENT'S RIGHTS Section 1. Contractors retain full and exclusive authority for management of their operations. Except as limited by this Agreement, Contractors shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees. Contractors shall utilize the most efficient method or techniques of construction, tools, or other labor-saving devices. There shall be no limitations upon the choice of materials or design, nor shall there be any limit on production by workers or restrictions on the full use of tools or equipment. There shall be no restriction, other than may be required by safety regulations, on the number of employees assigned to any crew or to any service. Section 2. The parties agree to participate in a Joint Administrative Committee (JAC) to address safety, targeted hiring, apprenticeship utilization, preferred entry, job progress and any other 9 39 relevant issues that will affect the Project. The parties agree to address issues as they arise and correct disputes in a timely manner. Community representatives are invited to attend and not limited by number. Only signatory parties to this Agreement shall have voting rights when the JAC makes a decision by vote. Section 3. Upon referral or dispatch from a Union, "turnaround" or refusal of any worker by the Contractors, requires a written explanation from the Contractor that shall be communicated from the GC/CM Contractor to the City and affected Union within 48 hours. Such turnaround explanations shall be available in a timely way by the City for community review, redacted and subject to limitations of law Section 4. If the signatory Unions are unable to fill a request for employees within 48 hours, the Contractor must first consider the City worker recruitment and referral service. Section 5. The City will provide project oversight and administration through internal dedicated staff or third -party administration. To provide transparency, monthly reports will be generated by the GC/CM Contractor and prepared by the City for the monthly JAC. Copies of redacted certified payroll and daily worker sign in sheets will be made available for viewing upon request redacted and subject to the limitations of law. ARTICLE VII WORK STOPPAGESAND LOCKOUTS Section 1. During this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union, or employee to cross any picket line established at the Project site violates this Article. Section 2. The Union and its applicable Local Union shall not sanction, aid or abet, encourage, or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, including discharge, and if justifiably discharged shall not be eligible for rehire on the Project for a period of not less than ninety {90} days. Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order, and use the best efforts of his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for Unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 40 ARTICLE VIII DISPUTES AND GRIEVANCES Section 1. This Agreement promotes close cooperation between management and labor. Each Union will assign a representative to this Project, to ensure the Project is completed economically, efficiently, continuously, and without interruptions, delays, or work stoppages. Section 2. The Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of Project work, and agree to resolve disputes under the grievance -arbitration provisions in this Article. Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures: Step 1. (a) When any employee subject to this Agreement feels he or she is aggrieved by violating this Agreement, he, or she, through his or her local union business representative or job steward, shall, within five (5) working days after the occurrence of the violation, give notice to the work -site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job steward and the work -site representative of the involved Contractor and the GC/CM Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the GC/CM Contractor) when the meeting concluded but not later than twenty-four (24) hours. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the information concerning the alleged grievance, including a short description, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. (b) Should the Local Union(s) or the GC/CM Contractor or any Contractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and step 2 as outlined for the adjustment of an employee complaint. Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement. Meeting minutes shall be kept by the Contractor. If the parties fail to agree, the dispute may be appealed in writing under Step 3 within seven (7) calendar days. Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they cannot do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor and the involved Local Union(s). 11 41 (b) Failure of the grieving party to adhere to the time limits established shall render the grievance null and void. The time limits established may be extended only by written consent of the parties involved at the step where the extension is agreed upon. The Arbitrator shall have the authority to decide only issues presented to him or her, and he or she shall not have authority to change, amend, add to, or detract from this Agreement. Section 4. The GC/CM Contractor and City shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps. ARTICLE IX JURISDICTIONAL DISPUTES Section 1. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be under the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan. Section 2. All jurisdictional disputes on this Project, between or among Building and Construction Trades Unions and employers, parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions parties to this Agreement. Section 3. All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Contractor's assignment shall be adhered to until the dispute is resolved. individuals violating this section shall be subject to immediate discharge. Section 4. Each Contractor will conduct a pre -job conference with the appropriate Building and Construction Trades Council 2 weeks prior to commencing work. The GC/CM Contractor and the City will be advised in advance of all such conferences and may participate if they wish. After attending a pre -job conference once, Contractors may submit a waiver request to the City, waiving the requirement to attend future pre -job meetings when they are performing the same scope of work (see Pre -job Package and Pre -Job Waiver forms in Attachment C). The City and Unions will mutually agree upon granting any such waivers. Should an emergency make it impracticable for a Contractor to attend a pre -job two weeks prior to placement, the Contractor may give less than two weeks' notice and request a pre - job meeting by contacting the City. ARTICLEX SUBCONTRACTING Section 1. The GC/CM Contractor agrees that no Contractor shall subcontract any Project work except to a person, firm or corporation party to this Agreement. Any Contractor working on the Project shall, as a condition to working on said Project, become signatory to and perform all work exclusively under this Agreement. 42 Section 2. If a Building Trades Union that traditionally represents construction employees in the geographic area of the of the Project chooses not to become signatory to this Agreement, the GC/CM Contractor and signatory Unions shall utilize one or both of the following options to ensure that work may be claimed by the non -signatory Union ("claimed work") is completed without disrupting the Project: (a) The signatory Unions will provide the GC/CM Contractor and all other contractors and subcontractors who become signatory to this Agreement with the appropriate workforce to perform the claimed work. The wage and fringe benefit package for such work shall be in Appendix A. The GC/CM Contractor may utilize any contractor or subcontractor to perform claimed work except that if such contractor or subcontractor is party to an agreement with the non -signatory Union, such Union must agree in writing to abide by ARTICLE VII (Work Stoppages and Lockouts) and Article VII, Jurisdictional Disputes, for the contractor to be awarded work under this Agreement. Such contractor may utilize its existing workforce and wage and benefit package. Such contractors shall be required to agree in writing to be bound to and abide by this Article, Article V, Work Stoppages and Lockouts, and Article VII, Jurisdictional Disputes. No other provision shall apply to such contractors unless required by the GC/CM Contractor. Woman and Minority Business. Section 3. The GC/CM Contractor and the Unions commit to conduct outreach to woman and minority subcontractors to encourage woman and minority subcontracting on the Project. The City and Unions agree to meet with open shop contractors to provide training and assistance about working under the Community Workforce Agreement. Section 4. Any Contractor conducting a bid process for work to be performed for the Project, shall notify any bidder of about the requirement to comply with the terms and conditions of this Agreement. Section 5. If a Contractor subcontracts any work covered by this Agreement, such subcontractors of all tiers, shall become signatory to this Agreement, prior to beginning work on the Project. Section 6. Whenever a Contractor needs to satisfy woman and minority participation goals stated within the City Contract for the Project, the Union whose work is involved and the Contractor, by mutual agreement, may waive Article III Section 3 and 4 in the event the Contractor is unable to otherwise find qualified and competitive woman and minority subcontractors. Section 7. When union subcontractors are not available in the local ty of the jobsite to perform the work and the Contractor receives no competitive bids, by mutual agreement, the Union whose work is involved and the Contractor may waive the Community Workforce Agreement. ARTICLE XI CORE WORKERS Section 1. The parties agree that non -signatory contractors of any tier often have core workers, also referred to as core employees, that they use commonly on their work and who contribute to the efficiency and competitiveness of those non -signatory contractors. The parties seek to remove barriers for non - signatory Contractors so they can compete effectively on projects covered by the CWA without unnecessarily displacing their own workers to do so. The non -signatory contractor may bring as many as five core workers onto the Covered Project for each 13 43 contract accordingly. Section 2. Core Workers are those that have worked on the Contractor' payroll a minimum of one thousand five hundred (1500) hours within the craft classification over the last two year period from the date of dispatch to the Covered Project and have also been on the Contractors active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the execution of the contract for the affected Contractor. All Core Workers shall meet the minimum journey level qualifications of the craft they are performing, and shall hold all required licenses and certifications for the work of their craft. Section 3. The Contractor shall provide documentation at the pre -job conference identifying their Core Workers on the project and their scope of work. The City shall monitor Contractor compliance to this Core Worker definition. ARTICLE XII EMPLOYMENT DIVERSITY Section 1. The City will set a requirement for the project that directs the Prime Contractor to utilize workers from economically distressed ZIP codes within the City of Tukwila and South King County for a specified share of total hours worked on the project by apprentices and journey level workers. Workers that qualify towards those requirements shall be called "Priority Workers." Section 2. Unions shall first dispatch Priority Workers, and shall continue to prioritize the dispatch of such workers even after the required percentages are stabilized and suggest the Prime Contractor will achieve the requirements. The Union shall prioritize dispatch of Priority Workers who are residents of Tukwila ZIP codes first, and then dispatch Priority Workers from ZIP codes in South King County (Attachment B). Labor hours performed by workers living outside of Washington will be excluded from priority worker calculations that the City performs when calculating whether required percentages of total Priority Worker hours were achieved. The Prime Contractor may receive a credit of up to 10% of the hours performed by Priority Workers, if they hire workers from the Priority ZIP codes who perform nonmanual work and continue to employ said workers in these positions for the duration of the Contractor's work on the Covered Project. Such substitutes must be approved by the Public Safety Plan Manager. The Union will dispatch women and people of color in a manner that best supports the aspirational goals for their utilization as agreed upon within the contract for the Covered Project. ARTICLE XIII APPRENTKESHIP UTILIZATION Section 1. The parties agree to utilize apprentices from Washington State Apprenticeship Training Council (WSATC) programs for at least 15% of total project hours with a further goal that this requirement be met by craft, dependent on the hours required for that scope of work and should be established in line with Local Area Standards including the following: total labor hours, ratio of materials cost to labor cost, and type of work/crafts required. All contractors and subcontractors of whatever tier shall submit an apprenticeship utilization plan at their pre -job meeting and agree to submit weekly certified payrolls identifying all WSATC registered apprentices. 44 14 Section 2. The parties agree to hire WSATC apprentices on the project and to facilitate the participation of people of color, women and persons from economically distressed areas, in such apprenticeship programs, and increase the opportunities for participation people of color and women, as well as those from economically distressed areas. The goal established for minority apprentice training is 30 percent of the total apprentice training hours. The goal established for Women apprentice training is 24% of the total apprentice training hours. The goals for minorities and women shall be included in the apprenticeship utilization plan. Section 3. Identification and selection of qualified applicants shall include the Contractor(s) where candidates have been proposed by GC/CM Contractors and the individual apprenticeship program's designated representative. The final selection decision will be the responsibility of the Joint Apprenticeship Training Committee (JATC). 15 45 ARTICLE XIV VETERAN EMPLOYMENT Section 1. The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans interested in careers in the building and construction industry. The Employers and Unions agree to utilize the services of the Center for Military Recruitment Assessment and Veterans Employment ("Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties. Section 2. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. Section 3. This agreement seeks to include Helmet to Hard Hat qualified applicants from within the economically distressed zip codes as defined by the City. ARTICLE XV PREFERRED ENTRY Section 1. The parties agree to construct and expand pathways to good jobs and lifetime careers for community members through collaborative workforce development systems involving community-based training providers and union -based apprenticeship programs. This program facilitates a workforce reflective of the City of Tukwila, supporting goals of workforce inclusiveness. Section 2. This CWA establishes a Preferred Entry program that will identify individuals, especially women, people of color, and those from economically distressed ZIP codes as defined by the City, who meet entry standards for WSTAC apprenticeship programs that allow qualified preferred entry applicants into their programs. Preferred Entry candidates shall be placed with Contractors working on the project, subject to an interview if requested by the Contractor. Selected Preferred Entry candidates who are not already first year apprentices shall become first period apprentices. To give preferred entry apprentices an opportunity to become established in their apprenticeship training, Contractors must employ Preferred Entry candidates for 350 hours, in order to count that candidate toward the Preferred Entry requirement. The City may reduce the number of required hours to a minimum of 350 hours on the project if insufficient total apprentice hours can support placements of a 700 -hour duration. Section 3. The Prime Contractor shall ensure one (1) of each five (5) apprentices on the project is from a recognized Pre -Apprenticeship program. Such programs include the Apprenticeship and Non -Traditional Employment Program for Women (ANEW), YouthBuild, Helmets to Hard Hats, King County Pre -Apprenticeship Construction Education (KC PACE), Ironworkers Pre -Apprenticeship Program, TERO Vocational Training Center (TVTC), Seattle Vocational Institute — Pre -Apprenticeship Construction Training (PACT), the Trades Related Apprenticeship Coaching Program (TRAC), Cement Masons Pre -Apprenticeship Program or other mutually agreed-upon programs that serve people 46 living in economically distressed ZIP codes, people of color, women and/or veterans. The list of such programs may be updated by mutual agreement between the City and the Seattle Building and Construction Trades Council. Section 4. The Unions and Prime Contractor agree to ensure hiring of Preferred Entry apprentices during the early start of work on the project. The City, Unions and Contractors recognize Preferred Entry Apprentices that are still completing their first two years of apprenticeship. Section 5. If a preferred entry apprentice leaves, Contractors will replace that apprentice with another from the preferred entry program. Section 6. The hours worked by eligible Preferred Entry qualified applicants hired from such distressed economic ZIP codes will count towards accomplishment of the Priority Worker requirements. Section 7. Identification and selection of qualified applicants shall include the Contractor(s), where candidates have been proposed by Contractors and the individual apprenticeship program's designated representative. The final selection decision will be the responsibility of the Joint Apprenticeship Training Committee (JATC). ARTICLE XVI TERM Section 2. The agreement shall continue in full force and effect for the project construction period until completion. Either party desiring to extend this agreement can provide written notice as soon as practical. The parties may mutually agree to amendments or modifications of the agreement. City of Tukwila Signature: Mayor Allan Ekberg Date: [HOLD FOR TRADES SIGNATURE BLOCKS] 17 47 Attachment A Comm unity Workforce Agreement Letter of Assent CONTRACTOR/SUBCONTRACTOR AGREEMENT TO BE BOUND Tukwila Public Safety Plan — Fire Station Projects City of Tukwila Contract Number: Contractor/Subcontractor has been awarded construct on work within the scope of the Tukwila Public Safety Plan Fire Station Projects and hereby agrees to be bound by all its terms and conditions. For the Contractor/Subcontractor: Signature Title Date Confirmation of Receipt: Date CONTACT ADDRESS: PHONE NUMBER(S) 48 18 Attachment B The letters attached as Attachment B willbe updated by the Unions to be applied to the Tukwila Public Safety Plan Fire Station Projects 19 49 50