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Home My WebLink AboutRESOLUTIONS - 07191988 - 88-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 19, 1988 , by the following vote: AYES: supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Establishing C.C.C. ) RESOLUTION NO.�, RA 88-9 Redevelopment Agency ) Prevailing Wage ) Requirement ) J The Board of Supervisors as the Contra Costa County Redevelopment Agency RESOLVES THAT: I . Purpose. A prevailing wage requirement is• necessary to protect Agency project area job opportunities, stimulate the project area economy and should be uniformly applied to all the project contracts it enters . II . Prevailing Wane Reguirements . The Agency hereby adopts and establishes a prevailing wage requirement policy standard to be incorporated in (and be part of) any contracts, agreements or leases it enters as follows: (a) Wages . All workers performing construction work for the project pursuant to contracts, agreements• or leases subject to this resolution, from the commencement of construction until the issuance of a final Certificate of Occupancy or acceptance by the Agency of the construction as complete, shall be paid not less than the highest prevailing rate of per diem wages as determined and published by the California Department of Industrial Relations and its' Director pursuant to Section 1773 of the Labor Code. Construction work includes all construction of building core and shell, tenant improvements and public works that are within the customary jurisdiction of the construction trades and crafts, whether performed on or off-site. Off-site work, performed by Materialmen, as defined under California_ Law, is not covered by this resolution. (b) Coverage., Where this resolution's requirements are incorporated in Agency contracts, agreements or leases, they shall apply to the employees of any employer including the developer, any tenant of the project, any general contractor or subcontractor or other contractor engaged in construction for the project by the developer, including their successors and assignees, but shall not apply to supervisory or managerial personnel or to persons employed in the rental, operation or maintenance of the project. (c) Department of Industrial Relations . Prevailing wage rates for each employee covered by this resolution shall be those wage rates as published by the State Department of Industrial Relations on the date the employee commences work. The employer shall be responsible for checking on a quarterly basis whether. the Department has determined that there has been an adjustment in the prevailing rate of .per diem wages in the locality. In the _event,-theJ Department has adjusted the prevailing rate, the _employer shall pay such rate, provided that in no event shall the - .employer pay less than the prevailing rate previously determined. Said wage rates for all .covered workers shall be posted in a prominent, visible and easily accessible place on the Project site. I i . (d) Records . The Employer shall keep an accurate payroll record as specified in Labor Code Section 1776(a) . Certified copies of the payroll records shall be available for worker or Agency inspection (in the form specified in Labor Code § Labor Code §1776 (d) ) at all reasonable hours at a local office of the Employer. Copies of the records shall be provided upon request by a representative of the Agency if the Agency has or can obtain the records . Any worker, his authorized representative, or the public may request a copy of the. records from the Agency. Individual names, addresses and social security numbers of employees shall be masked or deleted so as to prevent disclosure in copies furnished to the public. Upon request, a certified copy of an employee's payroll record shall be made available to the requesting employee by the employer as provided in Labor Code § 1776 (b) ( 1) . The failure of the employer to keep accurate payroll records and provide certified copies thereof within 15 days after a proper request to do so, shall create a presumption that prevailing wages have not been paid. (e) Apprentices . Nothing in this agreement shall prevent the employment of any number of properly registered apprentices, as defined in Chapter 4, Division 3 of the Labor Code. Every such apprentice shall be paid not less than the standard wage paid to apprentices under the regulations of the crafts or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. The employment and training of each apprentice shall be .in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is in training. (f) Notification. Agency staff shall notify all prospective bidders and contracting parties of the requirements of this resolution and ensure that its requirements are incorporated into Agency contracts, agreements and leases . The contracting party (developer) shall cause the provisions of this resolution to be incorporated into each contract and subcontract, and lease agreement which would be subject to this resolution. In the event the provisions are not so incorporated, the developer shall be liable to the worker in any action or proceeding for the difference between the prevailing wage rate required to be paid and the amount actually paid to the worker, including costs and attorney fees, as if the developer where the actual Employer. (g) Enforcement. In addition to any other rights provided by California law to recover compensation, a worker that has been paid less than the prevailing wage rates shall have a right to commence an action or proceeding against the employer of the worker for the difference between the prevailing wage rates and the amount paid to such worker for each calendar day or portion thereof for which the worker was paid less than the issue other than that of the liability of the employer for the amount of unpaid wages allegedly due shall be determined in such action or proceeding, and the burden shall be on the employer to establish that the amounts demanded are not due. A worker recovering any or all of the wages claimed to be due shall recover his costs and attorney fees in securing such recovery. Nothing in this section shall preclude its enforcement by the California Division of Labor Standards Enforcement. These prevailing wage requirements will be monitored and administered by the Agency's staff . (h) Exceptions. This resolution's prevailing wage requirements shall not apply: 1 . To tenant improvements with a value of less than $50,000. 00, nor to tenant improvements for which the initial building permit for such work is issued more than one year after a certificate of occupancy is approved on the core and shell or ~' -r accepted by the Agency as complete. The $50, 000 . 00 value shall be adjusted annually pursuant to the Consumer Price Index for the San Francisco/Oakland SMSA. The staff of the Agency shall report to the Agency on the effects of the prevailing wage requirement . for tenant improvements after one year of operation. 2. To landscaping improvements with a value of less than $50,000 . 00 installed on any particular contracting (developer) party's premises during any one year period. 3 . Non-substantive amendments to Agency agreements in force on the date of adoption of this resolution provided the estimated value doesn't exceed $50, 000 . 00 for any new improvements allowed by the amendments to any agreement. (i) Agency and County Not Liable in Money Damages . In undertaking to impose on its contracting parties and their subcontractors this resolution's requirements to pay prevailing rates of wages, the Agency and County of Contra Costa are assuming an undertaking only to promote the general welfare. They are not assuming, nor are they imposing on their officers and employees, an obligation for breach of which they are liable in money damages to any person who claims that such breach proximately caused injury. ( j ) Pre-emption. This ordinance shall not confer upon the Agency or any officer thereof any power not otherwise provided by law to determine the legality of any collective bargaining agreement, nor shall anything in this ordinance be interpreted or applied so as to create any power or duty in conflict with the pre-emptive effectiveness of any federal or state law. (k) Severability. If any part or provision of this resolution or the application thereof to any person or circumstance is held to be invalid, the remainder of the resolution, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall .continue in full force and effect. To this end, the provisions of this resolution are severable. Orig. Dept. : cc: 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe 'moors on the date shown. ATTESTED: PHIL B Cfi '0R, Cleric of the Board of Supervisors and County Administrator (2zBy , Deputy .RESOLUTION NO. RA 88-9