PLA-Attachment B REDONE.pdf

Attachment B

PROJECT LABOR AGREEMENT

by and among

THE CITY OF CHULA VISTA,

a California charter city and municipal corporation, and

THE SAN DIEGO COUNTY

BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO

and

THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS

SIGNING THIS AGREEMENT

Effective April 15, 2025

ACN 2025-278

R2025-056

Docusign Envelope ID: F2B1A451-4B15-4EEA-B618-612264FE68C1 i

TABLE OF CONTENTS

Page

Article 1. Definitions

Article 2. Scope of the Agreement

2.1 General

2.2 Funding-Based Exception

2.3 Included Work

2.4 Excluded Work

2.5 Awarding of Contracts

2.6 Master Labor Agreements

2.7 Instrument Calibration and Loop Checking Exception

Article 3. Duration and Applicability of Agreement

3.1 Duration

3.2 Limits to Applicability

3.3 Binding on Signatories Only

3.4 Other City Work

3.5 Completed Covered Projects

3.6 Final Termination

Article 4. Union Recognition and Employment

4.1 Recognition

4.2 Contractor Selection of Employees

4.3 Referral Procedures

Article 5. Equal Employment Opportunity and Nondiscrimination

5.1 Nondiscrimination in Referral, Employment, and Contracting

5.2 Disabled Veterans and Small Business Enterprise Program

5.3 Core Employees

5.4 Employment of Local Hires and Disadvantaged Workers

5.5 Time for Referral

5.6 Lack of Referral Procedure

5.7 City to Monitor Compliance

5.8 Union Membership

5.9 Foremen

5.10 Skilled and Trained Workforce

Article 6. Union Access and Stewards

6.1 Access to Covered Project Sites

6.2 Stewards

6.3 Steward Layoff/Discharge

6.4 Employees on Non-Covered Projects

Article 7. Wages and Benefits

7.1 Wages

7.2 Benefits

7.3 Wage Premiums

7.4 Compliance with Prevailing Wage Laws

Article 8. Work Stoppages and Lockouts

8.1 No Work Stoppages or Disruptive Activity

8.2 Employee Violations

ii

8.3 Standing to Enforce

8.4 Expiration of Master Labor Agreements

8.5 No Lockouts

8.6 Best Efforts to End Violations

8.7 Arbitration Procedure

8.8 Liquidated Damages

8.9 Payroll and Benefit Delinquencies

Article 9 Work Assignments and Jurisdictional Disputes

9.1 No Jobsite Disruption

9.2 Jurisdictional Disputes

9.3 Failure to Comply

9.4 Pre-Job Conference

Article 10 Management Rights

10.1 Contractor and City Rights

10.2 Specific City Rights

10.3 Use of Materials

10.4 Special Equipment, Warranties, and Guaranties

Article 11 Grievances and Disputes

11.1 Cooperation and Harmony on Covered Project Sites

11.2 Processing Grievances

11.3 Limitations on Use of Procedures

11.4 Notice

Article 12 Compliance

12.1 Compliance with All Laws

Article 13 Safety and Protection of Person and Property

13.1 Safety

13.2 Drug and Alcohol Testing Policy

13.3 Inspection

Article 14 Travel, Subsistence, and Parking

14.1 Applicability

Article 15 Apprentices

15.1 Importance of Training

15.2 Use of Apprentices

Article 16 Work Opportunities Program

16.1 Intent

Article 17 Helmets to Hardhats

17.1 Veterans Entry into Building and Construction Trades

17.2 Integrated Database

Article 18 Pre-Job Conference

18.1 Pre-Job Conference Required

18.2 Failure to Conduct

18.3 Project Labor Coordinator Participation

Article 19 Labor/Management and Cooperation

19.1 Labor/Management Collaboration Meetings

Article 20 Legal Action

20.1 Legal Action

iii

Article 21 Savings and Severability

21.1 Savings Clause

21.2 Effect of Injunctions or Other Court Orders

Article 22 Waiver

22.1 Waiver

Article 23 Amendments

23.1 Amendments

Article 24 Miscellaneous Provisions

24.1 Construction

This PROJECT LABOR AGREEMENT (“PLA” or the “Agreement”) is entered into by and between the City of Chula Vista, a chartered municipal corporation (the “City”), the San Diego County

Building and Construction Trades Council, AFL-CIO (the “Trades Council”), and the signatory Craft

Unions (the “Union(s)”) (each a “Party”, together, the “Parties”), effective as of this 15th day of April, 2025 (the “Effective Date”).

RECITALS

A. WHEREAS, the City spends approximately $45 million, on average, each year on public works capital improvement projects (“CIPs”) critical to the safety, economic sustainability, and quality of life of its residents; and

B. WHEREAS, the City’s public works CIPs typically incur construction costs between

$150,000 and $5,000,000; and

C. WHEREAS, each year, the City enters into approximately 5 public works CIP construction contracts with a construction cost of $1,000,000 or more at the time of award (the “Covered Projects”);

and

D. WHEREAS, City desires the completion of the Covered Projects in a professional, safe, efficient, and economical manner, without undue delay or work stoppages; and

E. WHEREAS, the successful completion of the Covered Projects is of the utmost importance to the City; and

F. WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work on the Covered Projects, including workers affiliated with and/or represented by the Unions; and

G. WHEREAS, it is recognized that on construction projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding commitment to maintain continuity of work; and

H. WHEREAS, the Parties agree that by establishing and stabilizing wages, hours, and working conditions for the workers employed on the Covered Projects, a satisfactory, continuous, and harmonious relationship will exist among labor and management that will lead to the efficient and economical completion of the Covered Projects; and

I. WHEREAS, in recognition of the special needs of the Covered Projects and to maintain a spirit of harmony, cooperative labor-management relations, peace, and stability during the term of this

Agreement, the Parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes, and grievances without any strikes, slowdowns, work interruptions, or disruptions of the Covered Projects, and the Contractors agree not to engage in any lockout; and

J. WHEREAS, the City places high priority on the development of comprehensive programs for the recruitment, training, and employment of disadvantaged workers and recognizes the ability of

Apprenticeship Programs to provide meaningful and sustainable careers in the building and construction industry. The Parties will encourage Local Residents and Disadvantaged Workers to participate in Covered

Projects through programs and procedures jointly developed to prepare and encourage such individuals for entrance into Apprenticeship Programs and formal employment on the Covered Projects through the referral programs sponsored and/or supported by the Parties to this Agreement; and

K. WHEREAS, it is further understood that the City shall administer and enforce the obligations of this Agreement to ensure that the benefits of this Agreement flow to all signatory Parties, craft persons working under it, and Local Residents.

AGREEMENT

NOW THEREFORE, in consideration of the above Recitals, and the covenants contained herein, the Parties agree as follows:

ARTICLE 1. DEFINITIONS

Unless the context otherwise requires, the terms defined in this Article 1 shall, for all purposes of this

Agreement, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined.

1.1 Agreement. “Agreement” shall have the meaning given to such term in the preamble.

1.2 Applicable Prevailing Wage Laws. “Applicable Prevailing Wage Laws” means the prevailing wage laws, regulations, and determinations applicable to a Covered Project pursuant to the State of California Labor Code and/or the Davis-Bacon Act and related federal laws.

1.3 Apprentice. “Apprentice” means a craft employee registered and participating in an

Apprenticeship Program for the entire time they are employed on a Covered Project.

1.4 Apprenticeship Program. “Apprenticeship Program” means an apprenticeship program (i) approved by the State of California’s Division of Apprenticeship Standards; (ii) registered with the U.S.

Department of Labor; or (iii) registered with a State Apprenticeship Agency granted authority by the U.S.

Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29.

1.5 Building and Construction Trades Department. “Building and Construction Trades

Department” means the Building and Construction Trades Department of the American Federation of

Labor-Congress of International Industrial Organizations.

1.6 Center. “Center” means the Center for Military Recruitment, Assessment and Veterans

Employment, a 501(c)3 nonprofit organization.

1.7 City. “City” shall have the meaning given to such term in the preamble.

1.8 City Manager. “City Manager” means the City Manager of the City of Chula Vista, or designee.

1.9 Contractor. “Contractor” means any individual, firm, partnership, corporation, owner operator, consultant, or combination thereof, including joint ventures, which has entered into a Covered

Contract, including the Prime Contractor and subcontractors of any tier, performing Covered Work.

1.10 Cooperative Purchasing Agreement. “Cooperative Purchasing Agreement” means a contract, arrangement or agreement to purchase supplies, equipment or services through a cooperative purchasing program with the state of California, the County of San Diego, the City of San Diego, or any other public agency, including a joint exercise of powers authority, school district, or water authority within the United States; provided that such items are purchased through a competitive process that the City’s

Purchasing Agent determines to be consistent with good purchasing practices, as authorized by Chula Vista

Municipal Code Section 2.56.140.

1.11 Core Employee. “Core Employee” means an employee of a Contractor that is not a Union member.

1.12 Covered Contract. “Covered Contract” means a prime contract or subcontract awarded for performance of the Covered Work, or an individual job order constituting a Covered Project.

1.13 Covered Project. “Covered Project” shall have the meaning given to such term in Recital

C.

1.14 Covered Project Site. "Covered Project Site” means the location or locations at which the

Covered Work will be performed.

1.15 Covered Work. “Covered Work” means work in furtherance of a Covered Project, other than work excluded pursuant to specific exemptions set forth in this Agreement.

1.16 Disadvantaged Area. “Disadvantaged Area” means a zip code that contains a census tract for which the average household income is no more than 80 percent of the average household income for the Metropolitan Statistical Area (as designed by the U.S. Office of Management and Budget) in which the census tract is located.

1.17 Disadvantaged Worker. “Disadvantaged Worker” means: an individual Domiciled in a

Disadvantaged Area that a) has no high school diploma or general education diploma (GED), b) is homeless or has been homeless within the last year, c) is a former foster youth, d) is a custodial single parent, e) is experiencing protracted unemployment (defined as receiving unemployment benefits for at least three (3) months), f) is a current recipient of government cash or food assistance benefits, g) has a documented income at or below 100 percent of the Federal Poverty Level, or g) is formerly incarcerated; or a Veteran residing anywhere.

1.18 Domiciled. “Domiciled” shall have the meaning set forth in Section 349(b) of the

California Election Code, indicating a fixed address with intent of continued residency.

1.19 Emergency Work. “Emergency Work” means work performed for the purpose of preventing or alleviating circumstances, then existing or imminent, that are likely to cause danger to persons or property or the interruption of services provided by the City or other public service entities, as determined in the City’s sole and absolute discretion.

1.20 Holiday. “Holiday” means the City-observed holidays established in Chula Vista

Municipal Code Section 10.08.110, as it may be amended from time to time. If any holiday listed falls on a Saturday, then the Saturday and the preceding Friday are both legal holidays. If the holiday should fall on a Sunday, then the Sunday and the following Monday are both legal holidays.

1.21 Joint Labor-Management Apprenticeship Program. “Joint Labor-Management

Apprenticeship Program” means a Joint Labor-Management Apprenticeship Program approved by the State of California’s Division of Apprenticeship Standards as provided for in the Master Labor Agreement(s).

1.22 Letter of Assent. “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Covered Work, which formally binds such

Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “Exhibit A”.

1.23 Local Hires. “Local Hires” means individuals who are employed by Contractors as craft employees to perform Covered Work and have a priority in being dispatched by the respective Unions.

1.24 Local Resident. “Local Resident” means either a resident of the City or a resident of the

County of San Diego, excluding the City, that has been identified as a Disadvantaged Worker.

1.25 Lockout. “Lockout” means a Contractor’s exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination, or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement. Does not include City’s decision to stop, suspend, or discontinue any Covered Project or any portion thereof for any reason.

1.26 Master Labor Agreement. “Master Labor Agreement” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Covered

Work, as they may be amended from time to time, and which are incorporated herein by reference.

1.27 Party. “Party” shall have the meaning given to such term in the preamble.

1.28 PLA. “PLA” shall have the meaning given to such term in the preamble.

1.29 Plan for Settlement of Disputes. “Plan for Settlement of Disputes” means the Plan for

Settlement of Jurisdictional Disputes in the Construction Industry, or any successor plan.

1.30 Prime Contractor. “Prime Contractor” means the contractor awarded a Covered Contract in privity directly with the City.

1.31 Project Labor Coordinator. “Project Labor Coordinator” means the designee of the City, either from staff or a consultant acting on behalf of the City, to monitor compliance with this Agreement and assist with developing, implementing, and administering the requirements, policies, and programs referenced herein.

1.32 Tier 1 Local Hire. “Tier 1 Local Hire” means a Local Hire who is a resident of the City.

1.33 Tier 2 Local Hire. “Tier 2 Local Hire” means a Local Hire who is a resident of the County of San Diego, excluding the City.

1.34 Trades Council. “Trades Council” shall have the meaning given to such term in the preamble.

1.35 Union. “Union” shall have the meaning given to such term in the preamble.

1.36 Veteran. “Veteran” means a veteran or the eligible spouse of a veteran of the United States armed forces, under Section 2(a) of the Jobs for Veterans Act (38 U.S.C. 4215(a)).

1.37 Workforce Dispatch Request Form. “Workforce Dispatch Request Form” means the project-specific form by which Contractors request workers from the Union hiring halls on Covered

Projects, an example of which is attached as Exhibit B.

1.38 Working Day. “Working Day” means Monday through Friday, excluding Holidays.

1.39 Work Opportunities Program. “Work Opportunities Program” means a program jointly developed by the Parties to prepare and encourage Local Residents for entrance into Apprenticeship

Programs and formal employment on the Covered Projects, as more fully described in Article 16.

ARTICLE 2. SCOPE OF THE AGREEMENT

2.1 General. This Agreement shall apply to onsite Covered Work, performed by

Contractors(s).

2.2 Funding-Based Exception. The Parties agree and understand that this Agreement shall not apply to any Covered Project, or portion thereof that would otherwise be subject to this Agreement, if a governmental agency or granting authority fully or partially funding such Covered Project determines that it will not fund the Covered Project if it is subject to this Agreement. City will make reasonable effort to establish the inclusion of this Agreement with any governmental agency or granting authority funding a

Covered Project. In no circumstance shall City be required to forgo project funding due to potential applicability of this Agreement.

2.3 Included Work. For the avoidance of confusion, items specifically included in the scope of this Agreement include, without limitation, the following:

(a) Onsite and Adjacent Work. All onsite site preparation, construction, alteration, demolition, installation, improvement, landscaping, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and which is directly part of the

Covered Project, including, without limitation, the following examples:

geotechnical and exploratory drilling, temporary HVAC, landscaping, temporary fencing, pipelines (including those in linear corridors built to serve the Covered

Project), pumps, and pump stations. Onsite work includes work done solely for the

Covered Project in temporary yards, dedicated sites, or other areas, provided that they are adjacent to the Covered Project, and at any onsite or offsite batch plant constructed solely to supply materials to the Covered Project.

(b) Systems Work. All startup, calibration, commissioning, performance testing, repair, maintenance or operational revisions to systems and/or subsystems for the

Covered Project that are required as part of a Covered Contract, including warranty work performed after completion, unless such work is performed by City employees. Covered Work includes all onsite physical craft work that is part of startup and commissioning, including, but not limited to, system flushes and testing, loop checks, reword and modifications, and functional and operational testing up to and including the final running test. It is understood that the City’s personnel and/or representatives, together with the manufacturer’s and/or vendor’s representatives, and/or plant operating personnel may supervise and direct the startup, commissioning, rework, and modification activity, and that the onsite physical craft work is typically performed as part of a joint effort with these representatives and personnel. A manufacturer or its representatives may perform industry standard startup and commissioning work to satisfy its guarantee or warranty on a piece of equipment, and such work will be exempt from this

Agreement to the extent the work is excluded by Section 2.4.

(c) Fabrication. All onsite fabrication work over which Contractors possess the right of control (including work done for a Covered Project in any temporary yard or area established for the Covered Project). This Agreement also covers offsite fabrication to the extent that it is covered by existing Master Labor Agreements in effect at the time of the execution of this Agreement. All fabrication work over which a Contractor possesses the right of control, including without limitation, the fabrication of medical gas piping, air-handling systems and ducts, and HVAC sheet metal work, and which is traditionally claimed as onsite fabrication shall be performed onsite. Purchase of manufactured items from a genuine manufacturing facility for the supply of products is not considered fabrication and is not subject to this Agreement.

(d) Batch Plants and Trucking. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project.

Construction trucking work for the delivery of ready-mix, asphalt, aggregate, sand, or other fill or material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement to the fullest extent allowed by law and by the prevailing wage determinations of the California

Department of Industrial Relations.

2.4 Excluded Work. Items specifically excluded from the scope of this Agreement include the following:

(a) Non-Manual Employees. Work of non-manual employees, including but not limited to, superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers, messengers, guards, safety personnel, emergency medical and first aid technicians, and other professional, engineering, administrative, supervisory, and management employees. Notwithstanding the foregoing, however, this exclusion shall not apply to surveying and inspection services on a

Covered Project, within the State of California’s general prevailing wage determination for Surveyors and/or Building/Construction Inspectors and/or Field

Soils and Material Testers (Inspectors) unless they are SDCCD employees, when this work is performed under a Covered Contract or under a professional services agreement. This inclusion applies to the scope of work defined in the State of

California Wage Determination for Surveyors and/or Building/Construction

Inspectors and/or Field Soils and Material Testers (Inspectors). This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.” Every Surveyor and Inspector performing under these classifications on Covered Work pursuant to a professional services agreement directly with a Contractor shall be bound to all applicable requirements of this Agreement regardless of the manner in which the work was awarded. Department of State Architects (DSA), Inspector of Record (IOR) per project will be excluded from the scope of this Agreement provided the DSA-IOR required duties, as outlined in the California Building Standards Administrative

Code (Part 1 Title 24 C.C.R.) Article 6, are supervisory and do not conflict with the above-defined scope of work; and

(b) Support Services. Non-construction support services contracted by the City or

Contractor in connection with Covered Projects; and

(c) City Employees. All employees of the City, or any consultants for City (including, but not limited to, project managers, construction managers, and their employees) and their subconsultants and other employees of professional service organizations, not performing manual labor within the scope of this Agreement.

(d) Work by Government and Private Utilities. Any work performed on, near, or leading to or into a site of work covered by this Agreement and undertaken by state, county, city or other governmental bodies, or their contractors (other than work within the scope of this Agreement undertaken by Contractors to the City) or by private utilities, or their contractors; and

(e) Offsite Work. All offsite manufacturing, fabrication, deliveries, maintenance, and handling of materials, equipment, or machinery, and the offsite hauling of materials of any kind to or from the Covered Project site. However, any laydown or storage areas for equipment or material and manufacturing (i.e., prefabrication) sites dedicated solely for the Covered Project, onsite fabrication, and the movement of materials or goods between locations on a Covered Project Site are within the scope of this Agreement. Onsite fabrication work includes work performed for the Covered Project in temporary yards or areas near the Covered

Project. Onsite construction shall also include the site of any batch plant constructed solely to supply materials to the Covered Project; and

(f) Manufacturer and Vendor Employees. Work performed by employees of a manufacturer or vendor on the manufacturer’s or vendor’s equipment, if required by the warranty agreement in order to maintain the warranty or guarantee, and provided that the warranty agreement is the manufacturer’s or vendor’s usual and customary warranty agreement for such equipment and is consistent with industry practice. Any work to be excluded pursuant to this subsection shall be identified and discussed at the relevant pre-job conference. Upon request from the Trades

Council, City shall review with the vendor whether installation or application may be performed pursuant to the terms of the Agreement without affecting the status of the warranty; and

(g) Specialized or Technical Work. Specialized or technical work requiring specialized training, unique skills, or a level of specific technical experience which employees represented by the Unions do not possess, including but not limited to electrical utility and water utility work on high voltage utility equipment, water well construction, Supervisory Control and Data Acquisition (SCADA) or other computerized equipment, and other specialty utility construction work. At least ten

(10) Working Days’ notice shall be given to the Trades Council prior to any work being performed pursuant to this exemption; and

(h) Insufficient Number of Bids. Contracts for which there are less than three (3) unrelated, qualified bidders (two (2) for ready-mix concrete), with five (5)

Working Days’ written notice to the Business Manager for the Trades Council prior to bids being due that a sufficient number of bids have not been received.

This provision shall not apply unless City has: i) provided written notice of the solicitation of bids to at least three (3) contractors (two (2) for ready-mix concrete) that are signatory to a Master Labor Agreement of the Union that has jurisdiction over the work and to such Union concurrently with the first bid solicitation at least twenty-one (21) days in advance of the deadline for receipt of bids; ii) provide the bid specifications, information and bidding requirements directly to any additional union-signatory contractors that the Union has requested receive the bid specifications; iii) established the same bid specifications and requirements for any non-union signatory contractor submitting a bid as were established for any Union-signatory contractor, whether or not the non-union is submitted after City has successfully invoked the provisions of this section due to failure to receive three

(3) bids (two (2) for ready-mix concrete); and iv) established bid specifications and requirements that are consistent with City’s usual and customary bidding process and industry practice in the San Diego region; and

(i) Substantial Impracticality or Inefficiency. The City may exclude any work constituting a Covered Project upon a 4/5 vote of its City Council finding and determining that said work as a Covered Project would result in a substantial inefficiency or impracticality; and

(j) Substantially Exceeds Engineer’s Estimate. If the lowest responsive and responsible bid exceeds the engineer’s estimate by thirty-five percent (35%) or more, the City reserves the right to reject all bids and readvertise the contract not as a Covered Project or Covered Contract and not subject to this PLA. This exemption cannot be invoked more than twice in any calendar year to exclude a

Covered Project or a Covered Contract from the scope of the PLA; and

(k) Laboratory testing work; and

(l) Emergency Work.

2.5 Awarding of Contracts.

(a) Each Union shall provide the Project Labor Coordinator a list of signatory

Contractors, whose principal place of business is within the geographic jurisdiction of the City and that routinely perform work within the scope of the Covered Work in such area. The Union shall specify the type of work that such Contractor performs and may amend the list as necessary. City and any Prime Contractor that contracts Covered Work to another Contractor shall solicit bids from at least two

(2) Contractors on the applicable Union’s list for the Covered Work, provided such

Contractors meet any applicable City pre-qualification criteria. The solicitation of bids shall be based upon the same terms, conditions, and scope of work requested of all potential bidders. Notwithstanding the preceding sentence, City has the absolute right to bid or award Covered Contracts regardless of delivery method to any Contractor, notwithstanding the existence or non-existence of any agreements between such Contractor and any Union, provided only that such Contractor is willing, ready, and able to execute a Letter of Assent as set forth in Exhibit A hereto, and comply with this Agreement in performance of the Covered Work.

(b) It is agreed that all Contractors awarded Covered Work shall be required to accept and be bound by the terms and conditions of this Agreement. Contractors shall evidence their acceptance of this Agreement by executing a Letter of Assent as set forth in Exhibit A hereto. The Prime Contractor must sign and submit the Letter of

Assent as a condition of award prior to the execution of a Covered Contract. No

Contractor shall commence Covered Work without first providing a copy of the signed Letter of Assent to the Project Labor Coordinator.

(c) It is agreed that, to the extent permitted by law and consistent with the economy and efficiency of construction and operation, City and Contractors will use best efforts to purchase materials, equipment, and supplies that will not create labor strife. Under all circumstances, however, City and Contractors shall retain the absolute right to select Contractors for the award of contracts and subcontracts on all Covered Projects.

2.6 Master Labor Agreements.

(a) Conflicts Between Agreements. The provisions of this Agreement, including the

Master Labor Agreements, shall apply to the Covered Work, notwithstanding the provision of any other local, area, and/or national agreement that may conflict with or differ from the terms of this Agreement. In the event of any inconsistency between a Master Labor Agreement and this Agreement, the provisions of this

Agreement shall prevail. In the event that this Agreement is silent on a matter that is addressed in a Master Labor Agreement, the provisions of the Master Labor

Agreement shall apply. Any dispute as to the applicable source between this

Agreement and any Master Labor Agreement shall be resolved under the procedures established in Article 11.

(b) No Additional Agreements Required. It is agreed that this Agreement, together with the referenced Master Labor Agreements, constitutes a self-contained, standalone agreement and, by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area, or national collective bargaining agreement as a condition of performing work within the scope of this Agreement. Provided, however, that the Contractor may be required to sign a uniformly applied non-discriminatory Participation or Subscription

Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor may be bound to make contributions under this Agreement, provided that such Participation or Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement for

Covered Work and/or expand its obligation to make contributions thereto. It shall be the responsibility of the Prime Contractor to have each of its Contractors of any tier sign the documents with the appropriate Union prior to the Contractor beginning work on the Covered Projects.

(c) Continuation. Master Labor Agreements incorporated as part of this Agreement shall continue in full force and effect with regard to Covered Work, until the

Master Labor Agreement is modified by parties thereto.

2.7 Instrument Calibration and Loop Checking Exception. Except for work performed under the NTL Articles of Agreement, the Stack/Chimney Agreement, and 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 Article 8 (Work

Stoppages and Lockouts) and Article 11 (Grievances and Disputes) of this Agreement, which shall apply to such Covered Work.

ARTICLE 3. DURATION AND APPLICABILITY OF AGREEMENT

3.1 Duration. This Agreement shall be effective as of the Effective Date and shall continue in full force and effect through June 30, 2030. Either the City or the Trades Council may provide written notice to the other, such notice to be provided not less than ninety (90) calendar days prior to the expiration of the Agreement, of its intent to extend the Agreement. Upon written mutual consent of the City and the

Trades Council, the Agreement may be extended administrative for a period not to exceed five (5) additional years, for a total term of ten (10) years.

3.2 Limits to Applicability. The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Covered Projects, without regard to whether that successful bidder performs work at other sites on either a Union or non-Union basis. This Agreement shall not apply to any work of any Contractor other than that on Covered Projects specifically covered by this Agreement.

3.3 Binding on Signatories Only. This Agreement and Letter of Assent shall only be binding on Contractors in the performance of Covered Work, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Contractors.

3.4 Other City Work. Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its account, on its property, or in and around the Covered Project Site.

3.5 Completed Covered Projects. As portions of Covered Projects are completed and accepted by the City, this Agreement shall have no further force or effect on such portions of Covered Projects, except where the Contractor is directed by the City or the Project Labor Coordinator to engage in repairs, modifications, and/or checkout functions required by its contract(s) with the City. Notice of acceptance received by the Contractor will be provided to the Trades Council with the description of the portion, segment, etc. that has been accepted by the City. Acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each item on such list until it is completed to the satisfaction of the City and notice of same is given by the City or its representative to the Contractor.

3.6 Final Termination. Final termination of all obligations, rights, liabilities, and disagreements shall occur upon receipt by the Trades Council of a notice from the City confirming that no work remains within the scope of the Agreement.

ARTICLE 4. UNION RECOGNITION AND EMPLOYMENT

4.1 Recognition. The Contractor recognizes the Unions as the exclusive bargaining representative for the employees engaged in Covered Projects. Such recognition does not extend beyond the period when the employee is engaged in Covered Work.

4.2 Contractor Selection of Employees. The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with this Article. The Contractor shall also have the right to reject any applicant referred by a Union for any lawful reason, subject to any reporting time requirements of the applicable Master Labor Agreement;

provided, however, that such right is exercised in good faith and not for the purpose of avoiding the

Contractor’s commitment to employ qualified workers through procedures endorsed in this Agreement.

4.3 Referral Procedures.

(a) Job Referral System. For Unions having a job referral system contained in a Master

Labor Agreement, the Contractor agrees to comply with such system, and such system shall be used exclusively by such Contractor, except as modified by this

Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations that require equal employment opportunities and nondiscrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires and Disadvantaged Workers on the Covered Projects, and to facilitate the ability of all Contractors to meet their employment needs.

(b) Duty to Recruit and Refer. The Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractors, including specific employment obligations to which a Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger, skilled workforce to perform Covered Work. The

Unions will work with the Project Labor Coordinator and others designated by the

City to identify and refer competent craft persons as needed for Covered Work.

Contractors and Unions shall identify individuals, particularly Disadvantaged

Workers and Veterans, for entrance into Apprenticeship Programs.

(c) Currently Employed. The Union shall not knowingly refer an employee currently employed by a Contractor on Covered Project to any other Contractor.

ARTICLE 5. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION

5.1 Nondiscrimination in Referral, Employment, and Contracting. The Parties and Contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, ethnicity, color, ancestry, religious creed, national origin, sexual orientation, physical disability, mental disability, medical condition, age, marital status, denial of family care leave, genetic information, gender, gender identity, gender expression, military or veteran status, criminal records, part incarceration, previous status as a foster youth, political affiliation, or membership in a labor organization in hiring and dispatching workers for the Covered Projects. The Parties and Contractors will ensure that the evaluation and treatment of their employees, members, and applicants for employment or membership are free from such discrimination and harassment.

5.2 Disabled Veterans and Small Business Enterprise Program. The Parties acknowledge that the City has adopted Council Policy 160-03 (Disabled Veterans and Small Business Enterprise Program), provided as Exhibit C. The Parties and Contractors shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement that may appear to interfere with Disabled Veterans

Business Enterprises and Small Business Enterprises successfully bidding for work on Covered Projects shall be carefully reviewed and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with Council Policy 160-03, as it may be amended from time to time, on Covered

Projects.

(a) Duty to Report. In order to assist the City in monitoring compliance with Council

Policy 160-03, each Prime Contractor shall be responsible for providing documentation verifying compliance with same to the Project Labor Coordinator.

5.3 Core Employees. This section only applies to Contractors who are not directly signatory to an applicable Master Labor Agreement.

(a) Hiring Procedures. Contractors who are not otherwise signatory to a Master Labor

Agreement may employ, as needed, first, a referral from the appropriate Union hiring hall, then a Core Employee, then a second employee through the referral system, then a second Core Employee, and so on, until a maximum of three (3)

Core Employees are employed per craft on the Project. Thereafter, all additional employees in the affected trade or craft shall be requested and referred from the appropriate Union hiring hall in accordance with this Article.

(b) Registration Required. Section 5.3 only applies to Contractors who are not directly signatory to a current Master Labor Agreement for the craft worker in its employ and is not intended to limit the transfer provisions of the Master Labor Agreement of any trade. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all

Contractors shall require their Core Employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment working under the

Covered Contract at the Covered Project Site. The registration process shall be administered by the Contractors and Union reasonably, but without impacting the

Covered Project schedule.

(c) List to be Provided. Prior to each Contractor performing any work on a Covered

Project, each Contractor shall provide a list of Core Employees to the Project Labor

Coordinator and the Trades Council. After submitting the Core Employee list prior to commencing work on that Covered Project, Contractors shall not make any changes or substitutions to the Core Employee list for the duration of that Covered

Project without prior agreement by the Parties, unless one or more Core Employees retires, changes employer, resigns, or is terminated.

(d) Documentation to be Provided. Upon request by any Party to this Agreement, the

Contractor hiring any Core Employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, and such other documentation as may be deemed acceptable by the Project Labor Coordinator) evidencing the Core Employee’s qualification as a Core Employee to the Project Labor Coordinator and the Trades

Council.

(e) Eligibility Requirements. Core Employees must meet the following eligibility requirements to qualify for employment on Covered Projects:

(1) A Core Employee must be a journeyperson and appear on the Contractor’s active payroll for at least ninety (90) of the last one hundred and eighty

(180) calendar days prior to being designated as a Core Employee. The date a Core Employee is designated is the date the Core Employee list is submitted to the Project Labor Coordinator and the Trades Council prior to the Contractor commencing work on the Covered Project.

(2) A Core Employee must possess any license required by state or federal law for the Covered Work to be performed.

(3) A Core Employee must have the ability to safely perform the basic functions of the applicable trade; and

(4) A Core Employee must be a resident of San Diego County.

(f) In addition to the Core Employee provisions set forth herein, all Contractors may avail themselves of any opportunity provided for in the applicable Master Labor

Agreements to call for specific employees by name.

(g) During any layoffs or reductions in workforce, Contractors shall lay off employees in an order and manner consistent with the Core Employee hiring procedures and maintain the required Core Employee-to-Union referral ratios required by this

Section for the duration of the Covered Project.

5.4 Employment of Local Hires and Disadvantaged Workers.

(a) First Referred. The Parties acknowledge that the City desires to maximize employment opportunities for Local Hires and Disadvantaged Workers and

Unions and Contractors agree that Local Hires shall be first referred for Covered

Projects. The list of qualifying Disadvantaged Areas shall be posted to the City’s website.

(b) Local Hire Goal. The Contractors and Unions agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualification, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft

Local Hires to fulfill the requirements of the Contractors. Contractor and Unions further agree to work together to achieve a goal of at least fifty percent (50%) of the total construction craft hours worked on each Covered Project being performed by Local Hires, as further described in Section 5.4(c).

(c) Priority of Local Hires. The Contractors and Unions agree that Tier 1 Local Hires shall be first referred for Covered Projects. Should there not be sufficient skilled and qualified Tier 1 Local Hires to meet the Local Hire goal established in Section

5.4(b), Tier 2 Local Hires shall then be referred until the Local Hire goal has been met.

(d) Disadvantaged Worker Goal. The Contractors and Unions agree to work together to achieve a goal of at least thirty percent (30%) of the total construction craft hours work on each Covered Project being performed by Disadvantaged Workers. Hours worked by Local Hires who are also Disadvantaged Workers may be applied to the

Local Hire participation goal.

(e) Apprentice Hiring Goal. The Contractors and Unions agree to work together to achieve a goal of at least one (1) Apprentice for every four (4) non-Apprentice workers.

(f) Compliance with Local Hire, Disadvantaged Worker, and Apprentice Hiring

Goals. Contractors shall satisfy the goals set forth in Sections 5.4(b), 5.4(d), and

5.4(e) by: (i) assigning craft Core Employees who are Local Hires, Disadvantaged

Workers, and/or Apprentices to perform Covered Work; and (ii) if necessary, requesting referral of Local Hires from Union hiring halls (using the Workforce

Dispatch Request Form) and Apprenticeship Programs. Contractors who follow these procedures in good faith and with concerted efforts to identify and retain

Local Hires, Disadvantaged Workers, and Apprentices shall not be considered in non-compliance for failure to meet the goals set forth in Sections 5.4(b), 5.4(d), and 5.4(e).

(g) Workforce Dispatch Request Form Required. To facilitate the dispatch of Local

Hires, as well as all Contractor requests for referral and dispatch of workers from the applicable Union referral system, all Contractors are required to utilize the

Workforce Dispatch Request Form. When Local Hires are requested by a

Contractor, the Unions will refer Local Hires, to the extent such status is known, regardless of their place in the Union hiring halls’ list and normal referral procedures.

5.5 Time for Referral. If any Union’s registration and referral system does not fulfill the requirements for specific classifications of covered employees requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays, and Holidays), those Contractors may use employment sources other than Core Employees and the Union registration and referral services and may employ applicants from any other available source. The Contractor shall promptly notify the Union of any applicants hired from other sources, and such applicants shall register with the appropriate hiring hall, if any.

5.6 Lack of Referral Procedure. If a signatory local Union does not have a job referral system as set forth in Section 4.3 above, the Contractor shall give the Union equal opportunity to refer applicants in conformance with remaining provisions of this Article 5. The Contractors shall notify the Union of employees so hired, as set forth in Section 5.5.

5.7 City to Monitor Compliance. The Project Labor Coordinator shall work with the Unions and Contractors in the administration, monitoring, and reporting of the foregoing Local Hire and

Disadvantaged Worker hiring goals.

5.8 Union Membership. Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Contractors 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 Labor Agreement. Nothing in this Section 5.8 is intended to supersede the requirements of the applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreement and as to the employees of those Contractors who are performing

Covered Work.

5.9 Foremen. The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor, consistent with the Master Labor Agreements. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foremen shall be designated as working foreman at the request of the Contractors.

5.10 Skilled and Trained Workforce. Each Contractor performing work on a Covered Project is required to utilize a skilled and trained workforce, as defined in Public Contract Code § 2600 - 2603. Unions and Contractors shall utilize the grievance procedures set forth in Article 11 of this Agreement to resolve any disputes regarding skilled and trained workforce requirements. To the maximum extent permissible under state law and regulation, including California Public Utilities Code § 132354.7(a)(3), Contractors and City shall be relieved of reporting and enforcement obligations and systems described in Public

Contract Code § 2602 and 2603, and Contractors’ requirement to utilize a skilled and trained workforce shall instead by monitored and enforced by Unions and Contractors through the provisions of this

Agreement.

ARTICLE 6. UNION ACCESS AND STEWARDS

6.1 Access to Covered Project Sites. Authorized representatives of the Union shall have access to Covered Project Sites, provided that they do not interfere with the work of employees and further provided that such representatives fully comply with posted visitor, security, and safety rules.

6.2 Stewards.

(a) Stewards Authorized. Each signatory local Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory functions.