Item Number:    6a_reso_ 
Meeting Date:  September 27, 2016 

Draft Resolution No. 3725 

A Resolution      of the Port of Seattle Commission establishing a Policy Directive for
practices for construction labor for projects located on Port property 
WHEREAS, the Washington State Legislature in 1911 authorized local
voters to create publicly owned and managed port districts as independent
government bodies run by directly elected port commissioners with powers to
acquire and manage resources that promote trade and commerce; and 
WHEREAS, constructed transportation, industrial and administrative
facilities such as terminals, roads, berths, runways, warehouses, parking garages
and warehouses are critical to accomplishing the Port's transportation and economic
development missions; and 
WHEREAS, expanding and diversifying operations as well as need for
facilities renewal and replacement drive an ongoing Port program of capital
development; and 
WHEREAS, effective and economical execution of the Port's capital
program depends on a healthy and diverse market of general contractors, subcontractors
and suppliers; and 
WHEREAS, to ensure diverse competition and provide fair access to
economic opportunity that market should include small, minority-owned and
women-owned businesses who successfully compete for a share of direct and
subcontracted Port construction work; and 
WHEREAS, Port capital program success depends also on availability of a
skilled, experienced, capable construction labor workforce; and 
WHEREAS, Project Labor Agreements can help ensure construction
workplace safety; and 
WHEREAS, to meet labor supply needs and to ensure equality of opportunity
the construction labor workforce should encourage participation by women and
minorities; and 
WHEREAS, for timely and efficient delivery of construction projects the
Port has an interest in avoiding work stoppages;and 
WHEREAS, in helping create economic prosperity across the region, it is
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important that the jobs generated by Port activity are quality jobs on which workers
can build their careers and support their families; and 
WHEREAS, apprenticeship and pre-apprenticeship programs play a key role
both in providing access for individuals aspiring to good construction jobs and in
supplying sufficient trained and capable labor to meet the construction needs of the
Port and other public and private facilities owners; and 
WHEREAS, RCW 39.12 requires the payment of prevailing wages on all
public works contracts of government entities such as the Port;and 
WHEREAS, some projects constructed on Port property are contracted for by
the Port under the provisions of RCW 39.04 and other applicable statutes, some
projects are contracted for by Port lease tenants with all or part of the cost
reimbursed by the Port and some are constructed entirely at the cost of Port tenants;
and 
WHEREAS, Project Labor Agreements (PLA), also known as Community
Workforce Agreements (CWA), authorized under the National Labor Relations Act
(NLRA), 29 U.S.C., provide a means for aligning the interests of public owners
such as the Port with those of construction labor unions; and 
WHEREAS, The Port of Seattle Commission and the CEO together develop Policy
Directives as stated under Section 1(A)(2) of the General Delegation of Authority, which Policy
Directives, under section (B)(1)(2) and (3), are intended to provide guidance, inform operations,
and deliver standards that support the effective use of internal audit functions to verify
compliance; 
NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the
Port of Seattle as follows: 
Section 1: 
The following Policy Directive related to practices for construction labor for projects
located on Port property is hereby adopted. 
Section I. For major construction contracts (excluding small works executed
per RCW 39.04.155): 
A. The Port shall evaluate the applicability of a project labor
agreement (PLA)  for each contract according to the following
criteria: 
1.  The assumption will be in favor of employing a PLA when projected
construction labor costs are $5 million or greater 
2.  Project needs for labor continuity and stability, including analysis of labor
needs by trade 
3.  Project complexity 
4.  Value of having uniform working conditions 
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5.  Potential impact of PLA on small business opportunities 
6.  Past labor disputes or issues indicating risk of delay 
7.  Potential PLA impact on project cost 
8.  Project presents specific safety concerns to the public 
9.  Value of an established PLA grievance process to resolve labormanagement
or jurisdictional disputes 
10. Other considerations (identify) 
B. The Port shall require the payment and reporting of prevailing wages per
RCW and State Department of Labor and Industries requirements. 
C. Commission approval is needed to employ a PLA. 
D. For contracts $1 million in value or greater, as part of a regional cooperative
program: 
1.  Establish in contracts and PLAs appropriate apprentice and locality hiring
goals. 
2.  Establish in contracts and PLAs appropriate aspirational women
and minority apprentice hiring goals. 
Section II. For tenant-administered construction contracts paid for entirely
or in part by the Port through tenant reimbursement or other means, the Port
shall: 
A. Encourage tenants to examine the applicability of a PLA for each
contract according to the criteria in Section I(A) above. 
B. As a condition of cost reimbursement, require the payment and reporting of
prevailing wages as per RCW and State Department of Labor and Industries
requirements. 
C. For contracts $1 million in value or greater, as part of a regional cooperative
program: 
1.  Require the establishment in contracts and PLAs of appropriate apprentice
hiring goals. 
2.  Encourage the establishment in contracts and PLAs appropriate
locality hiring and aspirational women and minority apprentice
hiring goals. 
Section III. For construction contracts performed on Port property at the full
cost of tenants, the Port shall: 
A. Encourage tenants to examine the applicability of a PLA for each
contract according to the criteria in Section I(A) above. 
B. As a provision of initial requests for proposal or opening
negotiations, as appropriate: 
1.  As a lease provision, require the payment and reporting of prevailing
wages as per RCW and State Department of Labor and Industries
requirements. 
2.  For contracts $1 million in value or greater, as part of a regional
cooperative program: 
a.  Require the establishment in contracts and PLAs of appropriate
apprentice hiring goals. 
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b.  Encourage the establishment in contracts and PLAs
appropriate locality hiring and aspirational women and
minority apprentice hiring goals. 
C. If an advertised or negotiated development opportunity featuring
the above provisions fails to attract proposers, staff shall take the
following actions: 
1.  Investigate the circumstances, to include discussions with
potential proposers and labor. 
2.  Modify the construction labor provisions to be used in the
request for proposal or lease amendment to include scoring
provisions for each criterion in Section III(B) above.
Section IV. In each case above, the Port will establish reliable, auditable, 
and disclosable measures to ensure compliance. 
Section 2: 
This Policy Directive shall be labeled and codified as appropriate, together with
subsequent Policy Directives, and shall be made readily available for use by Port
staff and members of the public as a governance document of the Port of Seattle. 

APOPTED by the Port Commission of the Port of Seattle at a duly noticed
meeting thereof, held this      day of         , 2016, and duly authenticated
in open session by the signatures of the Commissioners voting in favor thereof and
the seal of the Commission. 



Port Commission 





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