8d. Construction Labor Practices redline
Item No: 8d_3725_redline Meeting Date: April 24, 2018 Port of Seattle Commission Policy Directive on Construction Labor Practices for Projects Located on Port of Seattle Property As Amended November 28, 2017 Document last updated April 3, 2018 Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 2 of 5 SECTION 1. 1 2 For major construction contracts (excluding small works executed per RCW 39.04.155): 3 4 A. The Port shall evaluate the applicability of a project labor agreement (PLA) for each 5 contract according to the following criteria: 6 7 (1) The assumption will be in favor of employing a PLA when projected construction 8 labor costs are $5 million or greater. The assumption will be in favor of 9 employing a PLA for construction contracts that are anticipated to be in excess of 10 $5 million at the time of bid or, if absent at bid, at the time of the contract 11 award. 12 13 (2) Project needs for labor continuity and stability, including analysis of labor needs 14 by trade 15 16 (3) Project complexity, including cost and duration 17 18 (4) Value of having uniform working conditions 19 20 (5) Potential impact of PLA on small business opportunities 21 22 (6) Past labor disputes or issues indicating risk of delay 23 24 (7) Potential PLA impact on project cost 25 26 (8) Project presents specific safety concerns to the public 27 28 (9) Value of an established PLA grievance process to resolve labor-management or 29 jurisdictional disputes 30 31 (10) Other considerations particular to individual projects (Res. 3725, 1, 2017) 32 33 B. The Port shall require the payment and reporting of prevailing wages per RCW and 34 State Department of Labor and Industries requirements. (Res. 3725, 1, 2017) 35 36 C. Commission approval is needed to employ a PLA. (Res. 3725, 1, 2017) 37 38 D. For contracts $1 million in value or greater, the Port shall establish: 39 40 (1) Appropriate apprentice hiring goals. 41 Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 3 of 5 42 (2) Appropriate aspirational women and minority apprentice hiring goals. (Res. 43 3736, 1, 2017; Res. 3725, 1, 2017) 44 45 E. For contracts under a PLA with projected construction labor costs at or above $5 million, 46 the Port shall establish priority hire goals. (Res. 3736, 1, 2017) 47 48 49 SECTION 2. 50 51 For tenant-administered construction contracts paid for entirely or in part by the Port through 52 tenant reimbursement or other means, the Port shall: 53 54 A. Encourage tenants to examine the applicability of a PLA for each contract according 55 to the criteria in Section 1(A) above. (Res. 3725, 1, 2017) 56 57 B. As a condition of cost reimbursement, require the payment and reporting of 58 prevailing wages as per RCW and State Department of Labor and Industries requirements. 59 (Res. 3725, 1, 2017) 60 61 C. For contracts $1 million in value or greater: 62 63 (1) Require the establishment of appropriate apprentice hiring goals. 64 65 (2) Encourage the establishment of appropriate aspirational women and minority 66 apprentice hiring goals. (Res. 3736, 1, 2017; Res. 3725, 1, 2017) 67 68 D. For contracts under a PLA with projected construction labor costs at or above 69 $5 million, the Port shall establish priority hire goals. (Res. 3736, 1, 2017) 70 71 SECTION 3. 72 73 For construction contracts performed on Port property at the full cost of tenants, the Port shall: 74 75 A. Encourage tenants to examine the applicability of a PLA for each contract according 76 to the criteria in Section I(A) above. (Res. 3725, 1, 2017) 77 78 B. As a provision of initial requests for proposal or opening negotiations, as 79 appropriate: 80 81 (1) As a lease provision, require the payment and reporting of prevailing wages as 82 per RCW and State Department of Labor and Industries requirements. 83 84 (2) For contracts $1 million in value or greater: 85 Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 4 of 5 86 (a) Require the establishment of appropriate apprentice hiring goals. 87 88 (b) Encourage the establishment of appropriate aspirational women and 89 minority apprentice hiring goals. (Res. 3736, 1, 2017; Res. 3725, 1, 2017) 90 91 (3) For contracts under a PLA with projected construction labor costs at or above 92 $5 million, the Port shall establish priority hire goals. (Res. 3736, 1, 2017) 93 94 C. If an advertised or negotiated development opportunity featuring the above 95 provisions fails to advance staff: 96 97 (1) Shall investigate the circumstances, to include discussions with potential 98 proposers and labor. 99 100 (2) Is authorized to incorporate modified construction labor provisions for scoring 101 the solicitation and incorporation in the eventual agreement. (Res. 3725, 1, 102 2017) 103 104 SECTION 4. 105 106 The Projects and Procurements Committee is hereby chartered to work with staff and 107 stakeholders to develop standard language to be included in Port PLAs unless otherwise 108 authorized by the Commission. (Res. 3725, 1, 2017) 109 110 SECTION 5. 111 112 In each case above, the Port will establish reliable, auditable, and disclosable measures to 113 ensure compliance. (Res. 3725, 1, 2017) 114 115 SECTION 6. 116 117 The Port staff will seek in cooperation with regional government agencies, construction trade 118 unions, contractors and training institutions to develop cooperative programs to advance the 119 training and placement of apprentices, with emphasis on expanding opportunity for 120 underrepresented groups. (Res. 3725, 1, 2017) Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 5 of 5 121 Revision History 122 123 November 28, 2017 Resolution 3736 amended the policy directive to alter contract 124 thresholds for the purposes of applying priority hire goals. 125 126 October 25, 2017 Resolution 3725, establishing the Policy Directive on Construction 127 Labor Practices for Projects Located on Port of Seattle Property, was 128 adopted. 129 Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 6 of 5
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