8a Construction Labor Practices redline

Item No. 8a, Attachment B 
Meeting Date: April 10, 2019 


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

Item No. 8a, Attachment B 
Meeting Date: April 10, 2019 

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

Item No. 8a, Attachment B 
Meeting Date: April 10, 2019 

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: 

Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property                  Page 4 of 5

Item No. 8a, Attachment B 
Meeting Date: April 10, 2019 

85 
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) 




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Item No. 8a, Attachment B 
Meeting Date: April 10, 2019 

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 















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