Port of Seattle Commission

Policy Directive on

Construction Labor Practices for

Projects Located on Port of

Seattle Property

As Amended

April 24, 2018

Document last updated July 17, 2018

Typographical error related to the adoption date of Resolution 3725 corrected.

Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 2 of 5

SECTION 1.

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 for construction contracts

that are anticipated to be in excess of $5 million at the time of bid or, if absent a

bid, at the time of the contract award.

(2) Project needs for labor continuity and stability, including analysis of labor needs

by trade

(3) Project complexity, including cost and duration

(4) Value of having uniform working conditions

(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 labor-management or

jurisdictional disputes

(10) Other considerations particular to individual projects

(Res. 3746, §1, 2018; Res. 3725, §1, 2016)

B. The Port shall require the payment and reporting of prevailing wages per RCW and

State Department of Labor and Industries requirements. (Res. 3725, §1, 2016)

C. Commission approval is needed to employ a PLA. (Res. 3725, §1, 2016)

D. For contracts $1 million in value or greater, the Port shall establish:

(1) Appropriate apprentice hiring goals.

Port of Seattle Commission Construction Labor Practices Policy Directive for Projects Located on Port Property Page 3 of 5

(2) Appropriate aspirational women and minority apprentice hiring goals. (Res.

3736, §1, 2017; Res. 3725, §1, 2016)

E. For contracts under a PLA, the Port shall establish priority hire goals. (Res. 3746, §1,

2018; Res. 3736, §1, 2017)

SECTION 2.

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 1(A) above. (Res. 3725, §1, 2016)

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.

(Res. 3725, §1, 2016)

C. For contracts $1 million in value or greater:

(1) Require the establishment of appropriate apprentice hiring goals.

(2) Encourage the establishment of appropriate aspirational women and minority

apprentice hiring goals. (Res. 3736, §1, 2017; Res. 3725, §1, 2016)

D. For contracts under a PLA, the Port shall establish priority hire goals. (Res. 3746, §1,

2018; Res. 3736, §1, 2017)

SECTION 3.

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. (Res. 3725, §1, 2016)

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:

(a) Require the establishment of appropriate apprentice hiring goals.

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

(b) Encourage the establishment of appropriate aspirational women and

minority apprentice hiring goals. (Res. 3736, §1, 2017; Res. 3725, §1, 2016)

(3) For contracts under a PLA, the Port shall establish priority hire goals. (Res. 3746,

§1, 2018; Res. 3736, §1, 2017)

C. If an advertised or negotiated development opportunity featuring the above

provisions fails to advance staff:

(1) Shall investigate the circumstances, to include discussions with potential

proposers and labor.

(2) Is authorized to incorporate modified construction labor provisions for scoring

the solicitation and incorporation in the eventual agreement. (Res. 3725, §1,

2016)

SECTION 4.

The Projects and Procurements Committee is hereby chartered to work with staff and

stakeholders to develop standard language to be included in Port PLAs unless otherwise

authorized by the Commission. (Res. 3725, §1, 2016)

SECTION 5.

In each case above, the Port will establish reliable, auditable, and disclosable measures to

ensure compliance. (Res. 3725, §1, 2016)

SECTION 6.

The Port staff will seek in cooperation with regional government agencies, construction trade

unions, contractors and training institutions to develop cooperative programs to advance the

training and placement of apprentices, with emphasis on expanding opportunity for

underrepresented groups. (Res. 3725, §1, 2016)

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

Revision History

April 24, 2018 Resolution 3746 amended the policy directive to remove applicability

references to construction labor costs at or above $5 million and

instead identified applicability based on construction contracts in

excess of $5 million.

November 28, 2017 Resolution 3736 amended the policy directive to alter contract

thresholds for the purposes of applying priority hire goals.

October 25, 2016 Resolution 3725, establishing the Policy Directive on Construction

Labor Practices for Projects Located on Port of Seattle Property, was

adopted.