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10A Action 20181217
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12/11/2018 7:48:07 PM
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12/11/2018 7:48:06 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/17/2018
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Reso 2018-161
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
Reso 2018-162
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
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File Number: 18-478 <br />BACKGROUND <br />The basic provisions of the CWA agreement with BTC are as follows: <br />Covered Work: The work covered under the CWA includes all on-site construction, demolition, <br />alteration, painting or repair of buildings, structures, landscaping, temporary fencing and other <br />related activities for the projects that is within the craft jurisdictions of one of the signatory unions <br />and that is part of the projects, including, pipelines, site preparation, survey work, and demolition. <br />The agreement does not apply to projects for which there is a prohibition, exclusion or other <br />limitation imposed because of a grant, funding, or other agreement that creates a risk to the City <br />of any repayment or return to source of any funds received. Per Section 2.4.5 of the Agreement, <br />the City Council will have final authority to make amendments to the Agreement in the unlikely <br />event that City staff and the BTC are unable to reach agreement on amendments to the CWA for <br />a particular project’s funding restrictions. <br />Construction contracts that are governed by the CWA are still subject to competitive bidding laws, <br />the payment of prevailing wages, and the City is still required by law and its own ordinances to <br />select the lowest responsive and responsible bidder. <br />Minimum Cost Threshold: The CWA applies to City construction projects with total costs that <br />meet or exceed $1,000,000. <br />Labor Peace: For all projects covered by the CWA, the Unions agreed that there will be no <br />strikes, sympathy strikes, work stoppages, picketing, hand billing, or slowdowns of any kind, for <br />any reason, on the projects, at a project job site, or at any other facility of the City. <br />Union Hiring Hall and Impact on Non-Union Contractors: Contractors working on covered projects <br />are required, when filling craft job requirements, to utilize and be bound by the registration <br />facilities and referral systems authorized by the signatory unions, commonly referred to as the <br />union hiring hall. <br />The agreement does not prohibit non-union contractors from bidding on projects. However, the <br />CWA allows non-union contractors to use no more than five of their own employees and only if <br />those workers are San Leandro residents and an equal number of union workers are also <br />retained by the contractor. This is known as the “Core Worker” provision. Non-union “core” <br />workers hired under this provision are still required to register with the union hiring hall and the <br />non-union contractor is required to pay into the union trust fund, covering health and pension <br />benefits for these workers. <br />Local Hire and Apprentices: The current CWA has a goal of 10% participation by San Leandro <br />residents as apprentices on construction projects that are covered by the CWA. Contractors are <br />required to make good faith efforts to reach this goal through the utilization of the Unions' hiring <br />hall procedures. The agreement also requires contractors to hire one San Leandro resident as a <br />New Apprentice for the first $1 million of the bid amount. Thereafter, for every $5 million of project <br />monies, the contractor would be required to hire one additional New Apprentice. The intent of the <br />clause is to increase pathways for San Leandro residents into the building trades. For San <br />Leandro journeymen-level workers, the CWA sets a 30% goal of total project hours. After the <br />Page 2 City of San Leandro Printed on 12/11/2018
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