Resolution 15740CITY OF ALAMEDA RESOLUTION NO. 15740
REQUIRING A PROJECT STABILIZATION AGREEMENT FOR
CERTAIN CONSTRUCTION PROJECTS
WHEREAS, it furthers the interests of the City of Alameda ("City") to ensure that
construction projects in the City are built safely, efficiently and timely; and
WHEREAS, the City has a proprietary interest to promote efficient construction of
projects, invest City funds prudently in the construction of local projects and facilitate the
timely and successful completion of local projects; and
WHEREAS, it is in the interest of the City and the public it serves for construction
projects to proceed without labor disruptions that can cause delay, and to create an
effective mechanism to minimize such disruptions in order to minimize project costs and
timely complete projects; and
WHEREAS, the proprietary interests of the City will be advanced by avoiding labor
disputes, misunderstandings or grievances on construction projects in the City through
access to and use of dispute resolution procedures agreed upon in project stabilization
agreements (each a "PSA") thus promoting cost efficient and timely project construction
and completion; and
WHEREAS, the City objectives on construction projects will be advanced, and the
proprietary interests of the City will be protected, by providing a consistent source of
skilled construction workers and avoiding labor conflicts; and
WHEREAS, it is in the interest of the City to support advances in technologies,
methods of design and construction, and project delivery methodologies that reduce cost
and schedule, improve quality, and create safer conditions for workers and the public,
alike; and
WHEREAS, PSAs advance the above described objectives; and
WHEREAS, PSAs have been used successfully on a variety of large and small
development projects in the region, including the retrofitting and remodeling of existing
buildings and facilities; and
WHEREAS, the use of negotiated PSAs can effectuate the City's objective of
completing proprietary construction projects consistent with the goals and purposes
described above.
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Alameda, the
City shall require as a condition of approval of each construction project that fits into one
of the categories described below, that the applicant, owner or developer, together with
its contractors, have negotiated in good faith, including by proposing to the other party
reasonable and customary PSA terms and conditions, and have entered into a PSA with
the Building and Construction Trades Council of Alameda County ("BTC"), consistent with
the criteria enumerated below; however, this Resolution shall not apply to any project for
which the City has executed an ENA or a DA/DDA with the approved developer prior to
the date of adoption of this Resolution.
The City Council may, upon majority vote, suspend application of this Resolution to any
construction project or part of any construction project involving specific portions and
types of work.
The construction projects for which a PSA is to be negotiated include any of the following:
1. A construction project on a parcel owned by the City and leased to a tenant where
either:
a. the City's Qualified Shell Improvement Credit ("QSI"), as defined below,
exceeds five million dollars ($5,000,000); the initial term of the lease is at
least seven (7) years; and the tenant is a for-profit entity; or
b. the City's Qualified Shell Improvement Credit ("QSI"), as defined below,
exceeds seven and a half million dollars ($7,500,000); the initial term of the
lease is at least seven (7) years; and the tenant is a not-for-profit entity.
For purposes of this construction project category, QSI means the total value of
the improvements or alterations that a tenant of a City owned building is
contractually required to perform on the building, for which the tenant is generally
given a rent credit approximately equal to the total value of such improvements or
alterations.
2. An affordable housing construction project on a parcel owned by the City or
conveyed to a non-profit affordable housing developer by the City, of any cost and
regardless of funding source, where the project satisfies the criteria set forth in the
Alameda County Measure Al Housing Bond Implementation Policies (as they may
be amended from time -to -time), including the threshold number of units requiring
the use of a project labor agreement.
3. A construction project that includes a parcel sold or conveyed by the City where
the City and the applicant, owner or developer are entering into a development
agreement ("DA"), disposition and development agreement ("DDA") or other
agreement required by the DA or DDA ("Ancillary Agreement") and the estimated
total project cost as contemplated in the DA, DDA or Ancillary Agreement exceeds
five million dollars ($5,000,000).
4. A construction project that does not fit into categories 1-3 above and that is
receiving either a direct contribution of funds from the City or a credit or other non -
monetary subsidy from the City, which funds, credit or subsidy will be applied by
the applicant, owner or developer to particular project costs as described in the
DA, DDA or Ancillary Agreement, where the total funds, credit, or subsidy provided
by the City is in excess of five million dollars ($5,000,000).
BE IT FURTHER RESOLVED, that each PSA shall apply to all work covered under
the Master Labor Agreements of the craft unions affiliated with BTC (collectively,
"Unions");
BE IT FURTHER RESOLVED, that the parties should, in good faith,
negotiate a PSA that:
Eliminates strikes and lockouts and replaces them with an expedited method to fairly,
amicably and efficiently resolve grievances and disputes regarding labor conditions and
alleged breaches of the PSA;
Respects the terms of the Master Labor Agreement of the applicable Unions;
Promotes the hiring of Veterans under the "Helmets to Hardhats" or similar programs;
Encourages the employment of Alameda residents through the Alameda Point
Collaborative Workforce Development Program, AUSD or similar programs that promote
the use of apprentices;
Encourages the hiring of woman -owned, minority-owned, small local, and disadvantaged
businesses;
Allows for composite crews, where appropriate, consistent with the Building Trades
Jurisdictional Dispute Resolution procedure;
Respects the legitimate requirements of developers and contractors to manage projects
and use new technologies, design and construction methods, types and sourcing of
materials and equipment;
Ensures the prime contractor and all contractors and subcontractors are signatories to
the Master Labor Agreement of the applicable Union,
Ensures the use of Union hiring halls as the primary source to satisfy all project craft
needs consistent with standard referral procedures, unless otherwise negotiated;
Promotes the use of apprentices, where feasible and safe;
Includes effective procedures for health and drug testing to protect workers and the
public; and
Prohibits discrimination based on race, national origin, religion, gender, sexual orientation
or political affiliation.
Contains Management's Rights provisions substantially similar to the attached sample.
(Attachment 1)
BE IT FURTHER RESOLVED, that each PSA shall apply for the duration of the
construction work on the project, but shall not apply to operations and maintenance work
performed by other workers, contractors or a tenant's employees at the facility, as further
defined as part of the PSA negotiation process,-
BE
rocess;
BE IT FURTHER RESOLVED, that any modifications regarding the terms or
applicability of this resolution must be approved by a vote of City Council;
BE IT FURTHER RESOLVED, that if any provision of this resolution or the
application thereof to any person or circumstances, is held invalid by a court of competent
jurisdiction, the invalidity will not affect other provisions or applications of this resolution
that remain effective without the invalid provision or application, and to that end the
provisions of this resolution are severable; and
Attachment 1 — Sample Management's Rights Section
MANAGEMENT'S RIGHTS
The Contractor retains full and exclusive authority for the management of
its operations. Except as expressly limited by other provisions of this Agreement
and the appropriate collective bargaining agreement listed on Schedule , the
Contractor retains the right to direct the working force, including the hiring,
promotion, transfer, discipline or discharge of its employees; the selection of
foremen; the assignment and scheduling of work; and, the requirement of
overtime work and the determination of when it shall be worked. No rules,
customs, or practices which limit or restrict productivity, efficiency or the
individual and/or joint working efforts of employees shall be permitted or
observed. The Contractor may utilize any methods or techniques of
construction.
Except as otherwise stated in the appropriate collective bargaining
agreement listed on Schedule , there shall be no limitation or restriction
upon the Contractor's choice of materials or design, nor, regardless of source
or location, upon the full use and installation of equipment, machinery, package
units, precast, prefabricated, prefinished, or preassembled materials, tools, or other
labor saving devices. The Contractor may without restriction install or otherwise use
materials, supplies or equipment regardless of their source. The on-site installation
of application of such items shall be performed by the craft customarily having
jurisdiction over such work under the applicable collective bargaining agreement
listed on Schedule ; provided, however, it is recognized that other personnel
having special talents or qualifications may participate in the installation, checkout
or testing of specialized or unusual equipment or facilities.
Except as otherwise stated in the appropriate collective bargaining agreement
listed on Schedule , it is recognized that the use of new technology, equipment,
machinery, tools and/or labor savings devices and methods of performing work will
be initiated by the Contractor from time to time during the project. The Union agrees
that it will not in any way restrict the implementation of such new devices or work
methods. If there is any disagreement between the Contractor and the Union
concerning the manner or implementation of such device or method of work, the
implementation shall proceed as directed by the Contractor, and the Union shall have
the right to arbitrate the dispute as set forth in the appropriate section of this
Agreement.
The failure of the Contractor to exercise rights herein reserved to it orthe
exercise of those rights in a particular way shall not be deemed a waiver of said
rights or of the Contractor's right to exercise said rights in some other manner not
in conflict with the terms of this Agreement.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 2nd day of February 2021, by the following vote to wit:
AYES: Councilmembers Knox White, Vella and Mayor Ezzy
Ashcraft — 3.
NOES: Councilmembers Daysog and Herrera Spencer — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 3rd day of February 2021.
Lara Weisiger, City CI
City of Alameda
Approved as to Form:
Yibin n, Attorney
City of Al `da