HomeMy WebLinkAboutItem 5.6 Amendment to Agreement Workforce Integrity Training Solutions for Community Workforce Agreement and Implementation Services
STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 5.6
DATE: December 2, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Amendment to the Agreement W ith Workforce Integrity and Training
Solutions for Community Workforce Agreement Administration and
Implementation Services
Prepared by: Julius Pickney, Management Analyst II, and Serrie Padua,
Administrative Aide
EXECUTIVE SUMMARY:
The City Council will consider amending the agreement with Workforce Integrity and Training
Solutions for Community Workforce Agreement Administration and Implementation Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement W ith Workforce Integrity
and Training Solutions for Community Workforce Agreement Administration and
Implementation Services.
FINANCIAL IMPACT:
The amendment to the agreement for Community Workforce Agreement Administration and
Implementation Services with Workforce Integrity and Training Solutions includes a $250,000
increase to the not-to-exceed compensation amount, bringing the total to $1,000,000. The cost
of these services will be charged to the Public Works Department in accordance with the
adopted annual budget and associated Capital Improvement Program project budget.
DESCRIPTION:
On January 11, 2022, the City Council adopted Resolution No. 05 -22, which approved the
Community Workforce Agreement (CWA) with the Building and Construction Trades Council of
Alameda County and its affiliated unions (Attachment 4). The purpose of the CWA includes
promoting the efficiency of construction operations for the City though the use of skilled labor,
providing for the peaceful settlement of labor disputes and grievances without strikes or
lockouts, increasing training and employment opportunities in the construction trades through
local hire, apprenticeship and pre-apprenticeship, and community partnership programs for
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residents in the region. The operative term of the CWA ends on March 7, 2027, unless
extended by mutual consent of the CWA parties.
On December 6, 2022, the City Council adopted Resolution No. 143-22, which approved an
agreement with Workforce Integrity and Training Solutions, LLC. (WITS) for administration and
implementation services associated with the CWA (Attachment 3). The agreement with WITS
has a not-to-exceed compensation amount of $750,000 and a three-year term. WITS
collaborates with Staff to make sure Capital Improvement Program (CIP) projects comply with
the terms of the CWA.
Implementation of the CWA has resulted in a total of 4,220 union workers being hired across
various job classifications including: bricklayers, carpenters, electricians, laborers, operating
engineers, painters, plumbers, and teamsters. Among these workers, 488 were apprentices.
Collectively the workers contributed over 83,000 work hours. Employees who reside within
Alameda County or within fifteen miles of Dublin are considered Local Area residents per the
CWA. Since implementation of the CWA, Local Area residents have included 1,278 (30%) of
total workers, 192 (39%) of apprentices, and account for about 25,000 (30%) of hours worked.
Currently WITS is supporting Staff on the following CIP projects: 2025 Annual Street
Resurfacing, Dublin Arts Center, Forest Park, Green Stormwater Infrastructure, Iron Horse
Nature Park and Open Space Phase 1, Safe Route to School, and Wallis Ranch Community
Park. WITS has helped ensure timely completion of City projects, the hiring a union
represented workforce, employment of local apprentices, enforcement of prevailing wages,
and other CWA related activities. These efforts have resulted in meeting or exceeding the
objectives of the CWA, including the objective of not less than 20 percent of all hours worked
on subject projects being worked by Local Area residents.
Because the CWA term is through March 7, 2027, and existing CWA-applicable projects are in
progress or new CWA-applicable projects are forthcoming, Staff recommends the City Council
approve an amendment to the agreement with WITS to extend the term by two years and to
increase the total not-to-exceed compensation amount by $250,000, for a total potential not-to-
exceed compensation amount of $1,000,000. The amendment also includes an update to the
agreement compensation schedule to reflect current WITS employee roles and hourly wage
rates, as well as providing for annual wage increases capped at three percent or the local
consumer price index. Staff has also worked with WITS to revise the agreement scope of
services to provide more certainty to both parties regarding the service expectations, to include
performance measures, and to require a meet and confer process should any service
deficiencies arise.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Amendment to the Agreement W ith Workforce Integrity and
Training Solutions for Community Workforce Agreement Administration and Implementation
Services
2) Exhibit A to the Resolution – First Amendment to the Consulting Services Agreement
between the City of Dublin and Workforce Integrity and Training Solutions
3) Consulting Services Agreement between the City of Dublin and Workforce Integrity and
Training Solutions for Community Workforce Agreement Administration and Implementation
Services
4) Community Workforce Agreement between the City of Dublin and the Building and
Construction Trades Council of Alameda County and Its Affiliated Local Unions
138
Attachment 1
Reso. No. XX-25, Item X.X, Adopted 12/02/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH WORKFORCE INTEGRITY
AND TRAINING SOLUTIONS FOR COMMUNITY WORKFORCE AGREEMENT
ADMINISTRATION AND IMPLMENTATION SERVICES
WHEREAS, on January 11, 2022, the City Council adopted Resolution No. 05 -22
Approving the Community Workforce Agreement between the City of Dublin and the Building and
Construction Trades Council of Alameda County and Its Affiliated Local Unions; and
WHEREAS, on December 6, 2022, the City Council adopted Resolution No. 143 -22
Approving the Consulting Services Agreement with Workforce Integrity and Training Solutions for
Community Workforce Agreement Administration and Implementation Services with a not-to-
exceed compensation amount of $750,000 over a three-year term; and
WHEREAS, the City and Workforce Integrity and Training Solutions now wish to amend
the agreement to add performance measures; and
WHEREAS, the City desires to further amend the Agreement to increase the not -to-exceed
compensation limit to $1,000,000, extend the term to December 31, 2027, and update billing rates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the first Amendment to the Consulting Services Agreement with Workforce
Integrity and Training Solutions, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
the amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non-
substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 2nd
day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
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Attachment 3
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CITY OF DUBLIN
COMMUNITY WORKFORCE AGREEMENT
Between
THE CITY OF DUBLIN
and
THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY
AND ITS AFFILIATED LOCAL UNIONS
EFFECTIVE as of December 7, 2021
Attachment 4
165
INTRODUCTION/FINDINGS
7th day of December, 2021
of all tiers, who shall become signatory to this Agreement by signing the (Addendum A)
s that have executed this Agreement (referred to collectively
PURPOSE
The purpose of this Agreement is to promote the efficiency of construction operations for the City of Dublin
through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of
labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely
and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase
training and employment opportunities in the construction trades through local hire, apprenticeship and pre-
apprenticeship, and community partnership programs for residents of the Local Area hereinafter defined.
RECITALS
projects is of the utmost
importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction
work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the
Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well
as the quality of completed work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be
best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy
strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages,
hours and working conditions for the workers employed on the Projects and to encourage close cooperation among
the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist
among the parties to the Agreement; and
WHEREAS, the Contractor/Employers and the Union(s) and the City of Dublin wish to ensure labor peace at
the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process,
where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to
collective bargaining agreements are supervising employees; and,
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing
local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding
agreement exists between the Contractors/Employers and the 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
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WHEREAS, the City places high priority upon the development of comprehensive programs for the
recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local
pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the
construction industry; and
WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use,
enter into, or require contractors to enter into, project labor agreements for construction projects, provided the
agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this
Agreement; and
WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the
applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the City of Dublin has the absolute right to select the lowest responsive and responsible bidder
for the award of the construction contracts; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually
satisfactory completion of the Projects.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS:
1 DEFINITIONS
1.1
1.2
executed by each and every Contractor/Employer as a condition of working on the Project.
1.3
1.4
of Completion. For purposes of this definition, "Final Acceptance" means that point in time at
which the City has determined upon final inspection that the work has been completed in all
respects and all required contract documents, contract drawings, warranties, certificates, manuals
and data have been submitted and training completed in accordance with the contract documents
and the City has executed a written acceptance of the work.
1.5 (including design-bid, design-build, lease-
leaseback or other contracts under which construction of a Project is done) for construction of any
Project as that term is hereinafter defined.
1.6
partnership or corporation (including a prime contractor, general contractor, construction
manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof,
including joint ventures, and their successors and assigns, that is an independent business
enterprise and enters into a contract with the City with respect to the construction of any part of
the Project, under contract terms and conditions that are approved by the City, and all contractors
and subcontractors of any tier.
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1.7 at a Contractor/Employer can demonstrate meets the all the following
qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least
ninety (90) of the last one hundred and eighty (180) working days prior to award of a
Construction Contract; (b) possesses of all licenses and certifications required by applicable state
and federal law for the work being performed; (c) has the ability to safely perform the basic
functions of the applicable trade as required by law; and(d) has worked at least one thousand
(1,000) hours in the applicable craft or trade.
1.8
1.9 December 7, 2021.
1.10 e City has finally determined that the work
pursuant to a Construction Contract has been completed.
1.11
within a 15-mile radius of City limits (which includes but is not limited to all or portions of the cities
and unincorporated communities of Alamo, Danville, San Ramon, Walnut Creek, Lafayette,
Orinda, and Moraga).
1.12 permanently residing in the Local Area, as demonstrated by
proof of residency that is not a post office box.
1.13
signatory hereto.
1.14
state-approved apprenticeship training program administered by a Joint Apprenticeship Training
Committee for less than two years.
1.15 calendar days following the Effective Date. However,
should the City issue any bid documents, requests for proposals, or other equivalent solicitations
for a project(s) that satisfies the definition in Section 1.17 between the Effective Date and the
Operative Date, this Agreement and all of its provisions shall apply to said project(s).
1.16
the end of the Term.
1.17
the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for
the Project, meets or exceeds one million dollars ($1,000,000). 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 agree in writing to add additional projects
or components to be covered by this Agreement.
projects as defined in this section, whether used in the singular or plural herein. Projects shall not
be divided or split into separate contracts for the purpose of evading coverage under this
Agreement.
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1.18
Projects and the implementation of this Agreement.
1.19 as Master Agreement.
1.20 o employees and exempted by the
pursuant to California Business and Professions Code section 7125.
1.21 Operative
as those phrases are defined in Section 18.2.
1.22 ounty 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 executed this Agreement..
1.23 rved in the United States military, naval, or air service, and who
was discharged or released therefrom under conditions other than dishonorable, which is the
same meaning set out in 38 U.S.C. § 101(2).
2 SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing
Construction Contracts on the Project (including subcontractors at any tier), and their successors
and assigns, the City, the Council, and the Unions.
2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts
awarded on a Project as defined. This Agreement shall no longer apply after Completion, except
when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list
work under a Construction Contract, when a Contractor performs work under a change order for a
Construction Contract, and when start-up, calibration, commissioning, performance testing, repair,
maintenance, and operational revisions to systems and/or subsystems for the Project are
performed pursuant to a Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying,
construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or
repair of buildings, structures and other works, and related activities for the Project, that is within
the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project,
including, without limitation to the following examples, geotechnical and exploratory drilling, soils
and materials testing and inspection, temporary and permanent HVAC, landscaping and
temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps,
pump stations, start up, installation of modular furniture, and final clean up. On-site work includes
work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project,
and at any on-site or off-site batch plant constructed to supply materials to the Project.
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2.3.1 This Agreement covers all on-site fabrication work over which the City,
Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work
done for the Project in any temporary yard or area established for the Project). This
Agreement also covers any off-site work, including fabrication for the Project defined
herein, 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 addenda to a
national agreement of the applicable Union(s).
2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall
in no case be considered subcontracting. However, construction trucking work, such as
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 material, construction
debris and excess fill, material and/or mud, shall be covered by the terms and conditions
of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing
construction trucking work shall provide certified payroll records to the City within ten
(10) days of written request or as required by the bid specifications.
2.3.3 The on-site installation or application of all items shall be performed by the craft having
jurisdiction over such work as set forth under the provisions of this Agreement; provided,
however, that the installation of specialty items which may be furnished by the
Contractor shall be performed by construction persons employed under this Agreement
who may be directed by other personnel in a supervisory role; further, provided,
however, in circumstances requiring special knowledge of the particular item(s), work
may be performed by construction persons of a manufacturer or vendor where
rer or vendor can
demonstrate, by an enumeration of specific tasks, that the work cannot be performed by
construction persons employed under this Agreement.
2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be
performed under the terms of various National Agreements as follows: the National
Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of
Agreement, the National Stack/Chimney Agreement, the National Cooling Tower
Agreement, and any instrument calibration work and loop checking shall be performed
under the terms of the UA/IBEW Joint National Agreement for Instrument and Control
Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement
shall apply to such work.
2.4 Exclusions: The following shall be excluded from the scope of this Agreement.
2.4.1 Construction Contracts awarded by entities other than the City.
2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the
es, except in those circumstances where the Project satisfies the
requirements set forth in Section 1.17 .
2.4.3 W
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2.4.4 non-construction craft employees such as executives, managerial
employees, engineering employees, design employees, supervisors above the level of
general foreman (unless covered by a Master Agreement), and office, clerical, and
administrative personnel that are not performing construction work on the project.
2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this
Agreement that is undertaken by state, county, or other governmental bodies or their
contractors; or by public or private utilities or their contractors. Work performed by public
or private utilities including all electrical utility, voice-data-video, and security installation
work ahead of and up to the electrical service entry connection or the main point of entry
into the building shall be excluded. All electrical utility, voice-data-video, and security
installation work performed after the electrical utility service entrance or the main point of
entry shall be Covered Work. Additionally, all contracted work performed ahead of the
service entrance connection 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.
2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work.
2.4.7 Construction Contracts issued during a Locally Declared Emergency, pursuant to Dublin
Municipal Code Chapter 2.44, which are associated with emergency response and
recovery activities and are subject to FEMA Procurement and Contracting Requirements.
2.4.8 Construction Contracts substantially funded by any federal, state, local or other public
agency that prohibits the application of this Agreement; however, with respect to such
work, the City agrees to make a reasonable effort 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 advance the purposes of this Agreement to the maximum extent feasible.
2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified
bidder for the award of Construction Contracts under this Agreement, pursuant to Public Contract
Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the
Agreement to be Bound. This Agreement shall be included in all bid documents, requests for
proposals, or other equivalent Project solicitations, which shall indicate that entering into this
Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all
invitations to bid shall be provided to the Council at the time of issuance. In the event that a
Construction Contract extends beyond the Operative Term or any Extended Term, the terms of
this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the
contrary in this Agreement.
2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its
sole option, may change, terminate, delay and/or suspend any and all portions of the covered
work at any time; however, if such a Construction Contract or portion of a Construction Contract is
later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all
work on certain days or during certain hours of the day to comply with applicable codes, laws or
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mitigate the effect of the ong
neighborhood of the Project sites; and/or require such other operational or schedule changes that
may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the
C
Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the
City will provide the affected Contractor and Union(s) with reasonable notice of any changes it
requires pursuant to this section.
3 EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each
and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project, whether as a
Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each
and every provision of this Agreement and agree to evidence their acceptance prior to the
commencement of work by executing the Agreement to be Bound in the form attached hereto
as Addendum A.
3.3 At the time that any Contractor/Employer enters into a subcontract with any
subcontractor providing for the performance of work under a Construction Contract, the
Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall
require the subcontractor, as a condition of accepting the award of a construction subcontract, to
agree in writing, by executing the Agreement to be Bound, to be bound by each and every
provision of this Agreement prior to the commencement of work. The obligations of a Contractor
may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to
be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.
3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall
apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area
and/or national agreements which may conflict with or differ from the terms of this Agreement. To
the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement
shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision
of the Schedule A shall apply.
3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and
assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such
party. Each Contractor shall alone be liable and responsible for its own individual acts and
conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by
law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s)
with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations
and duties between the Union(s) and other Contractor(s) party to this Agreement.
3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement.
This obligation cannot be relieved, evaded or diminished by subcontracting. Should the
Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary
obligation.
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3.7 It is mutually agreed by 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 between the Contractor(s) and the other Union(s) party to
this Agreement.
3.8 The Unions agree that this agreement does not have the effect of creating any joint employment
status between or among the City and/or any contractor or subcontractor.
4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement
agree that for the duration of the Project:
4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or
otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit
down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the
Unions or employees employed on the Project, at the job site of the Project or any other
facility of the City because of a dispute on the Project. Disputes arising between the
Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the
terms of the Agreement or this Article, except that the Unions or construction persons
employed on the Projects 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/Employer of workers employed on
the Project.
4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing,
handbilling or otherwise advising the public that a labor dispute exists, refusal to work,
walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the
expiration of any local, regional or other applicable labor agreement having application at
the Projects and/or failure of the parties to that agreement to reach a new contract. If a
Master Agreement expires before the Contractor/Employer completes the performance
of work under a Construction Contract and the Union or Contractor/Employer gives
notice of a demand for a new or modified Master Agreement, the Union agrees that it will
not strike or withhold labor from the Contractor(s) on work covered by this Agreement
and the Union and the Contractor/Employer agree that the expired Master Agreement
will continue in full force and effect for work covered under this Agreement until a new or
modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an
interim agreement that will apply until a new Master Agreement is reached, the
employees shall work under the terms of the interim agreement until a new or modified
Master Agreement is reached between the Union(s) and Contractors(s). If the new or
modified Master Agreement provides that any terms of the Master Agreement shall be
retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the
new or modified Master Agreement that are applicable to any employee(s) on the Project
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during the interim, with retroactive payment due within seven (7) calendar days of the
effective date of the new or modified Master Agreement.
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
termination or layoff of employees by the Contractor(s) for any reasons in the exercise of
for any
reason.
4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union
shall give the City and the Contractor/Employer
nonpayment of trust fund contributions has occurred, and one (1
when nonpayment of wages has occurred or when paychecks being tendered to a
financial institution normally recognized to honor such paychecks will not honor such
paycheck, of the intent to withhold labor from the Contractor/Employer
subcontractor's workforce, during which time the Contractor/Employer may correct the
default. In this instance, a Union's withholding of labor (but not picketing) from a
Contractor/Employer who has failed to pay its fringe benefit contributions or failed to
meet its weekly payroll shall not be considered a violation of this Article.
4.1.6 Notification: If the City or any Contractor contends that any Union has violated this
Article, it will so notify, in writing, the Senior Executive of the Council and the Senior
Executive of the Union, setting forth the facts alleged to violate the Article, prior to
instituting the expedited arbitration procedure set forth below. The Council will
immediately use its best efforts to cause the cessation of any violation of this Article. The
leadership of the Union will immediately inform the workers of their obligations under this
Article.
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 permanent arbitrator, or
Barry Winograd, as the 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 select the arbitrator from the list in Section 13.4. Notice to
the arbitrator shall be by the most expeditious means available, with notice by email and
telephone to 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 named above,
or the alternate if the permanent arbitrator 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
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recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless
otherwise agreed upon by all parties. A failure of any party to attend said hearings shall
not delay the hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the
Agreement has occurred. The arbitrator shall have no authority to consider any matter of
justification, explanation or mitigation of such violation or to award damages, which issue
is reserved for court proceedings, if any. The award shall be issued in writing within three
(3) hours after the close of the hearing, and may be issued without a written opinion. If
any party desires a written opinion, one shall be issued within fifteen (15) calendar days,
but the parties shall not delay compliance with or enforcement of the award due to the
issuance of a written opinion. The arbitrator may order cessation of the violation of this
mail upon issuance.
4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has
occurred, the breaching party shall, within eight (8) hours of the issuance of the decision
take all steps necessary to immediately cease such activities and return to work. If the
breaching party involved does not cease such activities by the beginning of the next
regularly scheduled shift following the expiration of the eight (8) hour period after the
thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is
remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining
compliance with this obligation and determining the amount of liquidated damages, if
any; but such retention shall not prevent the moving party from seeking judicial
enforcement of the initial decision.
4.2.6
filing of this Agreement and all other relevant documents referred to above in the
following manner. The party filing such enforcement proceedings shall give written notice
to the other party. In 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 may be ex parte. However, such agreement does not waive any party's
right to seek or 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.
4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with
the above procedure, or which interfere with compliance with the above procedure, are
waived by the parties.
4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party
instituting the arbitration proceedings provided in this Article and the party alleged to be
in breach of its obligation under this Article.
4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work
as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
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5 PRE-JOB CONFERENCES
5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and
time agreeable to the Council, a pre-job conference with the Unions and the representatives of all
involved Contractors/Employers, who shall be prepared to announce craft assignments and
discuss in detail the scope of work and the other issues set forth below, at least ten (10) working
days prior to the commencement of any Project work, or the commencement of any Project work
under a subsequently awarded Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating Contractor and
each affected Union, and the Council and City or their designee may attend at their discretion.
5.3 The pre-job conference shall include but not be limited to the following subjects:
5.3.1
5.3.2 The craft assignments;
5.3.3 The estimated number of craft workers required to perform the work
5.3.4 Transportation arrangements;
5.3.5 The estimated start and completion dates of the work; and
5.3.6 Discussion of pre-fabricated materials.
5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled
and concerns pertaining to the operation of this Agreement are addressed, the City and the
Council shall establish a Joint Administrative Committee comprised of an equal number of
representatives from the City and the Council. The Joint Administrative Committee shall meet on
a periodic basis during the term of construction, at least annually, to assess the implementation of
this Agreement, review the progress of Projects, and facilitate harmonious relations between the
parties. Both the City and the Council shall have the right to call a meeting of the Joint
Administrative Committee.
6 NO DISCRIMINATION
6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground
or because of race, color, creed, national origin, ancestry, age, sex, sexual orientation, gender
identity, disability or any other basis made illegal by federal, state, and local law against any
person, or applicant for employment on the Projects.
7 UNION REPRESENTATION
7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all
craft employees performing Covered Work under this Agreement, and all such employees must
be represented by a Union for the duration of their employment on the Project.
7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and
assessments that have been authorized by employees in 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 dues or fees to a Union as a condition of working on the
Project; however, nothing in this Article is intended to supersede the independent requirements of
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the applicable Master Agreements as to Contractors/Employers signatory to such Master
Agreements and as to employees of those Contractors/Employers who are performing Covered
Work.
7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered
by this Agreement is being, has been, or will be performed on the Project.
8 REFERRAL AND CORE WORKERS
8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job
requirements, utilize and be bound by the registration facilities and referral systems established or
authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a
non-discriminatory manner and in full compliance with all federal, state, and local laws and
regulations, including those that require equal employment opportunities and prohibit
discrimination
8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement,
shall have the right to reject any applicant referred by the Union(s), to the extent permitted under
the terms of the applicable Master Agreement.
8.3 Sole Operators. A Sole Operator self-performing work on a covered Project shall execute an
Agreement to be Bound, attend the pre-job conference and identify themselves as a Sole
Operator, but shall not be required to request dispatch from the union hall with jurisdiction over
covered Project, the Sole Operator will be treated as a Core Worker and any subsequent
employee(s) will be dispatched from the hiring hall. Before hiring an employee(s) on the Project,
the Sole Operator must request permission from the JAC through the Coordinator and provide
evidence of compliance with CLSB and Workers Compensation requirements..
8.4 Core Workers
8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core
Workers. The Union will first refer to such Contractor one (1) worker from the applicable
hi
procedure shall repeat until such Contractor/Employer has hired a maximum of five (5)
Core Workers. Thereafter, all additional employees shall be hired exclusively from the
applicable hiring hall out-of-
shall be maintained and when the Contractor's workforce is reduced, employees shall be
reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as
was applied in the initial hiring. This Section applies only to employers not signatory to a
Master Agreement and is not intended to limit the transfer provisions of the Master
Agreement of any trade. As part of this process, and in order to facilitate contract
administration procedures and the appropriate fringe benefit fund coverage, all
Contractors shall require their Core Workers to register with the appropriate Union hiring
hall and be dispatched to the Project prior to starting work.
8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the
Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll
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qualification as a Core Worker to the City and the Council.
8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or
subcontractor shall provide a list of its Core Workers to the City and the Council. Failure
of such a Contractor to do so will result in that Contractor being prohibited from using
any Core Workers on that Construction Contract.
8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors
above the level of general foreman they consider necessary and desirable, without such persons
being referred by the Union(s), unless such craft construction employee is covered by a Master
Agreement.
8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a
Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and
Holidays excluded) after such requisition is made by the Contractor/Employer, the
Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer
who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union
with the name and address of such worker(s) and shall immediately direct such worker(s) to the
appropriate Union hiring hall to be referred for work on the Project.
9 WAGES AND BENEFITS
9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other
deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit
funds established by the applicable Master Agreement(s) for each hour worked on the Project, in
the amounts designated in the applicable Master Agreement(s).
9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be
bound by the written terms of the legally established Trust Agreements described in Section 9.1,
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 accept the trustees so appointed as if 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).
9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and
conditions of employment on the Project shall be governed by the Master Agreement of the
respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.
Where a subject is covered by the Master Agreement and not covered by this Agreement, the
Master Agreement will prevail. When a subject is covered by both the Master Agreement and this
Agreement, to the extent there is any inconsistency, this Agreement will prevail.
9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.
9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by
an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire
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Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be
performed by an individual who has graduated from a state-approved apprenticeship program. All
apprentices working on fire protection systems shall be registered with a state-approved
apprenticeship program.
10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT
10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local
Area residents and to use resources in the Local Area in construction of the Project. It is the
objective of the parties that not less than twenty percent (20%) of all hours worked on the Project
will be worked by residents of the Local Area. The Unions will exert their utmost efforts to recruit
sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the
Contractor(s)/Employer(s). To the greatest extent allowed by law, and to the greatest extent
and qualifications, the Unions shall refer Local Residents, including journeymen and apprentices,
for Project work covered by this Agreement.
10.2 Apprenticeship and Workforce Development:
10.2.1 Recognizing the need to develop adequate numbers of competent workers in the
construction industry, including on public works projects, the Contractors/Employers shall
employ apprentices from 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. Notwithstanding
the foregoing, Contractor may employ an apprentice that is enrolled in a California state-
approved apprenticeship program other than a Joint Apprenticeship Training Program
provided that (i) the apprentice is a Local Resident, (ii) the Contractor previously requested
a Local Resident apprentice from the applicable Joint Apprenticeship Training Committee
and one was not provided, and (iii) the apprentice counts toward the maximum number of
Core Workers allowed to the Contractor on the Project under Section 8.4.1.
10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code
and the applicable state prevailing wage determination.
10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of
apprentices in performing the work of their craft provided they are properly indentured and
supervised.
10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6,
Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million
Thereafter, Contractor(s)
will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000)
The New Apprentice(s) must work a minimum of
to the fullest extent permissible by state law and the Master Agreements.
10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order
to meet the minimum hours, and those hours will be counted towards the total hours of the
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craft on the City of Dublin project. Certified Payroll must reflect the hours worked. The
Contractor must fully document efforts to hire a New Apprentice, through the following
steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting
a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for
the applicable craft or trade for referral of Local Residents.
10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided
said crafts have apprenticeship openings and the general contractor will be able to include
New Apprentices hired by their subcontractor to meet this requirement. The Unions will
agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the
hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in
the Master Agreements and/or the Union agreements with the Division of Apprenticeship
Standards, and the apprentices shall be properly supervised and paid in accordance with
provisions contained within the Master Agreements. The Unions and
Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to
ensure Local Residents have the opportunity to apply for and enter into the apprenticeship
programs.
10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job
will be subject to corrective action and, if not corrected, monetary penalties, as determined
by the Grievance Committee as identified in Article 13.
10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified
Weekly Payrolls to the City along with monthly workforce utilization reports documenting
Article 10. At a
minimum the monthly reports must include 1) data on Local Residents work hour utilization
on a craft by craft basis, 2) number of New Apprentices hired and the hours they have
worked, 3) documentation showing any requests made to the Union dispatchers for Local
according to the Grievance and Arbitration procedure outlined in Article 13.
10.3 Community Workforce Partnerships. The parties recognize the need to build within the Tri-Valley
goals of providing career opportunities and of developing adequate numbers of competent workers
in the construction industry. In furtherance of these goals, the parties agree to work together in good
faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in
conjunction with other interested Tri-Valley community-based organizations, to identify and develop
an initiative or multiple initiatives to connect residents of the Tri-Valley Region with careers in the
Building and Construction Trades, with a particular focus on providing opportunities to
disadvantaged individuals.
10.4 Helmets to Hardhats.
10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the
building and construction trades of veterans who are interested in careers in the building
and construction industry. The Contractors/Employers and Unions agree to utilize the
services of the Center for Military Recruitment, Assessment and Veterans Employment
resource for preliminary orientation, assessment of construction aptitude, referral to
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apprenticeship programs or hiring halls, counseling and mentoring, support network,
employment opportunities and other needs as identified by the parties.
10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate
in an integrated database of veterans interested in working on the Project and of
apprenticeship and employment opportunities for the Project. To the extent permitted by
law, the Unions will give credit to such veterans for bona fide, provable past experience.
11 COMPLIANCE
11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to
investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing
in this Agreement shall be construed to interfere with or supersede the usual and customary
legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent
wages or Trust Fund contributions from Contractors/Employers on the Project. Because the
Project is a public work subject to the California Labor Code, the City or its designee shall comply
with its obligations thereunder as well as this Agreement.
12 JOINT ADMINISTRATIVE COMMITTEE
12.1
shall be comprised of two (2) representatives selected by the City and two (2) representatives
selected by the Council. The City and the Council shall designate alternates who may serve in
the absence of the designated representatives for any purpose. The JAC shall meet quarterly,
or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review
the implementation of the Agreement, review progress of the Projects, and resolve concerns or
issues relating to the administration of the Agreement; however, the JAC may not change,
amend, add to or detract from any of the provisions of the Agreement. The Project Manager
shall convene and facilitate the quarterly meetings and any other meetings as requested.
12.2 The City and Council representatives shall report on Project progress and provide ongoing
workforce projections to facilitate efficient construction and compliance with the Local Hire goal.
12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by
unanimous vote, with such resolutions to be final and binding on all signatories to the
Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance
of an award by the JAC, and in the absence of any party to the grievance, the hearing may
proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred
in accordance with Step 3 of Article 13.
13 GRIEVANCE ARBITRATION PROCEDURE
13.1 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 disputes under Article 4 and Article 14, shall be
subject to resolution by the grievance arbitration procedures set forth in this Article.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee
working on the Project shall be resolved through the grievance and arbitration provisions
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contained in the Master Agreement for the craft of the affected employee. No employee working
on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own
behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own
behalf) provides notice in writing to the party with whom it has a dispute within five (5) business
days after becoming aware of the dispute but in no event more than thirty (30) business days
after it reasonably should have become aware of the event giving rise to the dispute. Time limits
may be extended by mutual agreement of the parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the
representative of the involved 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) business days 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 Business
Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the
ntative, 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 representative prior to the Step 2 meeting, and the International
Union representative shall advise if it intends to participate in the Step 2 meeting. The
Project Manager and the Council shall have the right to participate in any efforts to
resolve the dispute at Step 2.
Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be
submitted to arbitration within five (5) business days 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 consent of both parties. Within five (5) business days after referral of a
dispute to arbitration, the representatives shall notify the permanent arbitrator
designated in Article 4, or if not available, the alternate arbitrator designated in Article
4, for final and binding arbitration. If the permanent arbitrator or the alternate is not
available, an arbitrator shall be selected by the alternate striking method from the list
of three (3) below. The order of striking names from the list of arbitrators shall be
determined by a coin toss, the winner of which shall decide whether they wish to strike
first or second.
1. William Riker
2. Carol Vendrillo
3. Morris Davis
13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have
no authority to change, amend, add to or detract from any of the provisions of the Agreement.
The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange
for a hearing on the earliest available date from the date of his/her selection. A decision shall
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be given to the parties within five (5) calendar days after completion of the hearing unless such
time is extended by mutual agreement. A written opinion may be requested by a party from the
presiding arbitrator.
13.6 The time limits specified at any step of the grievance procedure may be extended by mutual
agreement of the parties. However, failure to process a grievance, or failure to respond in writing
within the time limits provided above, without an agreed upon extension of time, shall be deemed
a waiver of such grievance without prejudice, or without precedent to the processing and/or
resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this
grievance procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement,
the Union(s) may request that the City withhold and retain an amount from what is due and
owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor,
sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The
amount shall be retained by the City until such time as the underlying grievance giving rise to
the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid
to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so
order.
13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator,
the City and the Council shall mutually agree to a replacement.
14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the
Contractor(s)/Employer(s) 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
14.2 All jurisdictional disputes on this Project between or among the building and construction trades
Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present
Plan established by the Building and Construction Trades Department or any other plan or
method of procedure that may be adopted in the future by the Building and Construction Trades
Department. Decisions rendered shall be final, binding and conclusive on the
Contractor(s)/Employer(s) and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional
Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures
specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo,
the offices of the California State Building and Construction Trades Council in Sacramento,
California within fourteen (14) calendar days of the selection of the arbitrator. All other
procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage,
or slow-
is resolved. Individual employees violating this section shall be subject to immediate discharge.
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14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work.
The City and the Project Manager will be advised in advance of all such conferences and may
participate if they wish. Pre-job conferences for different Employers may be held together.
15 MANAGEMENT RIGHTS
15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and
exclusive authority for the management of their operations, including the right to direct their work
force in their sole discretion. No rules, customs or practices shall be permitted or observed which
limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful
manning provisions in the Master Agreement shall be recognized.
16 DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or
firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or
vaping products on City property is prohibited.
16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention
policies set forth in the applicable Schedule A.
17 SAVINGS CLAUSE
17.1 If any article, provision, clause, sentence or 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 competent jurisdiction, 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 accordance with its original intent.
17.2 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.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or
accordingly determines that compliance with this Agreement will not be required in order to perform
work under a Construction Contract, the Unions will no longer be bound by the provisions of Article
4.
18 TERM
18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent
Project solicitations, which shall indicate that entering into this Agreement is a condition of the award
of a Construction Contract(s) for the Project.
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18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the
Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes
to the Agreement and/or whether to extend the agreement for an additional period or periods of
19 MISCELLANEOUS PROVISIONS
19.1 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 instance as the context
and/or particular facts may require.
19.2 This Agreement may be executed in counterparts, such that original signatures may appear on
separate pages and when bound together all necessary signatures shall constitute an original.
Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be
deemed the equivalent of original signatures. The Parties agree that the Agreement may be
executed using electronic signatures so long as they are valid and enforceable under California law.
19.3 Each of the persons signing this Agreement represents and warrants that such person has been
duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties
signing this Agreement warrants and represents that such party is legally authorized and entitled to
enter into this Agreement.
19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to
have this Agreement reviewed by their respective legal 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.
19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in
each instance as the context and/or particular facts may require.
[SIGNATURES TO FOLLOW]
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CITY: COUNCIL:
CITY OF DUBLIN, a California Municipal Building and Construction Trades Council of
Corporation Alameda County , AFL-CIO
By: ______________________________ By: ___________________________________
Linda Smith, City Manager Andreas Cluver, Secretary-Treasurer
Date: ______________________________ Date: ___________________________________
Attest:
By: ______________________________
Marsha Moore, City Clerk
Approved as to Form:
By: ______________________________
John Bakker, City Attorney
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SIGNATORY UNIONS
Asbestos Workers, Local 16
_____________________________________
Boilermakers, Local 549
______________________________________
Bricklayers and Allied Craftworkers, Local 3
_____________________________________
Northern California Carpenters Regional Council (on
behalf of Carpenters, Local 713, Carpenters, Local
2236, Lathers, Local 68L, Millwrights, Local 102, and
Pile Drivers, Local 34)
______________________________________
Cement Masons, Local 300
_____________________________________
Plasterers, Local 66
______________________________________
Electrical Workers, Local 595
_____________________________________
Elevator Constructors, Local 8
______________________________________
International Union of Painters and Allied Trades,
District Council No. 16 (on behalf of Auto & Marine
Painters, Local 1176, Carpet & Linoleum Layers, Local
12, Glaziers, Architectural Metal & Glassworkers,
Local 169, Painters & Tapers, Local 3)
_____________________________________
Ironworkers, Local 378
______________________________________
Laborers, Local 67
_____________________________________
Laborers, Local 304
______________________________________
Operating Engineers, Local 3
_____________________________________
Roofers and Waterproofers, Local 81
______________________________________
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Sheet Metal Workers, Local 104
______________________________________
Sprinkler Fitters, Local 483
______________________________________
Teamsters, Local 853
_____________________________________
United Association of Steamfitters, Pipefitters, Plumbers
and Gasfitters, Local 342
______________________________________
United Association, Underground Utility & Landscape,
Local 355
_____________________________________
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ADDENDUM A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Community Workforce Agreement for the City of Dublin
Agreement to be Bound
Dear ________________:
The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the
City of , as such Agreement may, from time to time, be amended by the parties or interpreted
pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written
terms of the legally established trust fund documents as set forth in Section 9.1 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 agrees to execute a separate subscription 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 Agreement
undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become
similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the
Agreement.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________
California Contractor State License 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:____________________________________________________
State Public Works Registration Number: __________________________________________
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ADDENDUM B
SIDE LETTER REGARDING AMADOR VALLEY INDUSTRIES
Pursuant to this Side Letter, the Community Workforce Agreement does not apply to off-hauling of construction
debris contained in a debris box by the City of Dublin , Amador Valley Industries, LCC,
provided that such hauling is performed by a member of Teamsters Local 70. Any other off-hauling is covered by the
Community Workforce Agreement if covered under Section 2.3.2. therein.
This Side Letter shall not apply to any other franchisee of the City.
150439\1221412
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