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HomeMy WebLinkAboutMINUTES - 12172002 - D.2 File: 135-9903/B.4.1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order of December 17,2002 ,by the following vote: AYES: Supervisors Gerber, DeSaulnier, Glover and Gioia NOES: Supervisor Uilketma ABSENT: None ABSTAIN: lip SUBJECT: Approve Plans and Specifications for the Remodel and Office Landscape Partition Modifications at 1305 Macdonald Avenue. Richmond for the Employment and Human Services Department (CP#02-31) Budget Line Item No. 4423-4368 Authorization No. 0928-WH368B WHEREAS plans and specifications for the Remodel and Office Landscape Partition Modifications at 1305 Macdonald Avenue, Richmond for the Employment and Human Services Department have been filed with the Board this day by the Director of General Services; and WHEREAS plans and specifications were prepared by Daniel Rainey, Architect; and WHEREAS the cost estimate for the initial construction contract is $2,500,000.00; and WHEREAS the Board has obtained the general prevailing rates of wages, which shall be the minimum rates paid on this project; and WHEREAS the Board hereby DETERMINES that the project is a California Environmental Quality Act (CEQA) Class (1) (a and e) Section 15301 Categorical Exemption; DIRECTS the Director of Community Development or designee to file a Notice of Exemption with the County Clerk; and DIRECTS the Director of General Services, or designee, to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption and a$25.00 handling fee to Community Development for administration processing costs. IT IS BY THE BOARD ORDERED that said plans and specifications are hereby APPROVED. Bids for this work will be received on February 13, 2003 at 2:00 p.m., and the Clerk of this Board is directed to publish a Notice to Contractors in accordance with Section 22037 of the Public Contract Code, inviting bids for said work, said Notice to be published in West qty Tames . The Director of General Services, or designee, is directed to mail notices to the construction trade journals specified in Section 22036 of the Public Contract Code at least 30 days before the date of opening the bids. IT IS FURTHER ORDERED that the Director of General Services, or designee, is AUTHORIZED to issue bid Addenda, as needed, for clarification of the contract bid documents, provided the involved changes do not significantly increase the cost estimate for the initial construction contract. See Attached Addendum Orig. Dept.: General Services Dept. - Capital Projects Management Division cc: General Services Department Capital Projects Management Division Accounting File: 135-9903/A.5 Auditor-Controller Community Development i hereby certify that this is a true and correct K. Piona copy of an action takers and entered on the Employment and Human Services Department (via CPM) minutes of the Board of Supervisors on the date shown. Daniel Rainey, Architect(via CPM) ATTr=STirC7. December 17, 2IX72 3A:sc JOHN SWEEETEEN, Clerk of the Board of Supervjsors and County Administrator H:\1999\1359903\9100340B.DOC Rev.11/26/02#2 my `"civ=. d Deputy File: 305-0102/B.4.1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order of December 17,2002,by the following vote: AYES: Supervisors Gerber, DeSaulnier, Glover and Gioia NOES: Supervisor Uilkema ABSENT: t ABSTAIN: Up. SUBJECT: Approve Plans and Specifications for the First and Second Floor Remodel and Parking Lot Expansion at 1650 Cavallo Road, Antioch for the Employment and Human Services Department (CP#o2-20) Budget Line Item No. 4423-4457 Authorization No. 0928-WH457B WHEREAS plans and specifications for the First and Second Floor Remodel and Parking Lot Expansion at 1650 Cavallo Road, Antioch for the Employment and Human Services Department,have been filed with the Board this day by the Director of General Services; and WHEREAS plans and specifications were prepared by Interactive Resources; and WHEREAS the cost estimate for the initial construction contract is $2,200,000.00; and WHEREAS the Board has obtained the general prevailing rates of wages, which shall be the minimum rates paid on this project; and WHEREAS the Board hereby DETERMINES that the project is a California Environmental Quality Act(CEQA) Class (1) (a) Categorical Exemption; DIRECTS the Director of Community Development or designee to file a Notice of Exemption with the County Clerk; and DIRECTS the Director of General Services, or designee to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption and a $25.00 handling fee to Community Development for administration processing costs. IT IS BY THE BOARD ORDERED that said plans and specifications are hereby APPROVED. Bids for this work will be received on February 6, 2003 at 2:00 p.m., and the Clerk of this Board is directed to publish a Notice to Contractors in accordance with Section 22037 of the Public Contract Code, inviting bids for said work, said Notice to be published in contra Costa Tires . The Director of General Services, or designee, is directed to mail notices to the construction trade journals specified in Section 22036 of the Public Contract Code at least 30 days before the date of opening the bids. IT IS FURTHER ORDERED that the Director of General Services, or designee, is AUTHORIZED to issue bid Addenda, as needed, for clarification of the contract bid documents, provided the involved changes do not significantly increase the cost estimate for the initial construction contract. See Attached Addendum {frig. Dept.: General Services Dept. - Capital Projects Management Division cc: General Services Department Capital Projects Management Division Accounting File: 305-0102JA.5 Auditor-Controller Community Development i hereb K. Piona y o.ortify that this is a true and correct to ent and Human Services Department via CPM copy of ark action taken and entered on the Employment p ( ) minutes of the Board of Supervisors on the Interactive Resources (via CPM) date shown. ATTESTED: December 17, 2002 �a:a � JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator HA20011305010Z01B002041b.doc Rev.11/26/02#2 By t -Q > G Deputy A_} M.,'�-NJAU 11.2 .,~.:,•,r.,,w;.:.x,.��.�„�•:,r.,r�..M.r ..,�W,..,. •��.r,,:w.r,,.;t�„�.,�,�r.a ,<.�rv<.,.N,,.u.a..,.::.�.:,�,:.>N,�..,M•.,...,w:w«r.>:�t.,{,�,�rs„b•�rrr.•.,,.s....��,:.0 xK sot s cons idw a. r.nunendod byh the u y-..: ._... ,. mall _ r. .`.:, DIRECT the click of Me Board. to s. Rbrusn, 13, : t a . _. : _ , Match, in the surmut of the Own of the Bom-d recorm { n r _ . { .: C 7 :.. l.... ._. ter,„, in .;r.,; _ .. .. .._ _ ..: �. _.r.. . .. ,.. .._. ,.. ... �. -,c., as quickly as possw& loth the n..” -..ws any and all mKoing concemv we ... r . or 01 he r v ..,..r. .. ,... . _ anti Debi 1by The 1305 $1508 157 a ras - 'Wed” shost changes r>c pend mg TO i Additional o! ifiradons to Standard PLA document arceatable to Trades CouncU. Page 16 =- �` ersp--�-hn1'��-•-i-�---t --�,�c--ctiu�� �;���-u =��-ear-�e- �--���s; All employees working on the project shall be governed by the applicable union security clause of the applicable craft's Schedule A Agreement. 4,*-_----Employees hired by the Contractor(s) shall, as a condition of employment,be responsible for the payment of the applicable monthly dues,working dues and any associated fees uniformly required for union membership in the local union which is signatory to this agreement. Further,there is nothing in this Agreement that would prevent non-union employees from joining the local union. { Page 19 a +J j1 be tom, li-he-- All 1r2) +F # s � �•-tf3--ht� �y--F --3`-fs�=-'iry`i�'-z=c ��3-�-��t�-h$��'S-- - �.�a� of w� -t4ne� t iRigi 4rrt ti-z=rie lir tee el _ u �r ger' Labef-Code: Additional Modi orations to Standard PLA document acre table to Trades Council: Page YG 12.1 The _w ems_______-l--y�� SIV<2tSl`i)1-.}T��S}—SS�SiYzi�'J'VF-S:Lbi� <. f3Y n'nfsiT-'GLJT2�� �.. - 'GZ�i' vC+�..Y. All employees working on the project shall be governed by the applicable union security clause of the applicable craft's Schedule A Agreement. (4------Employees hired by the Contractor{s} shall, as a condition of employment,be responsible for the payment of the applicable monthly dues, working dues and any associated fees uniformly required for union membership in the local union which is signatory to this agreement. Further, there is nothing in this Agreement that would prevent non-union employees from joining the local union. Page 19 vken, C_041e,;4 BI t £S 4_*_,-- 'i-_' ay-p z h€ r per- '= a 5hrl z rc r- v411 week iiL3i t $ Esrc�' 3� EtF;y $f�"w�cr is -E313 '-t✓ -�-sty n :'�t2'xsiC,-23�i�#�=1�r--�£�.ZS�� to for 4�-a rx f. f ��.��1�-}"�"4�-' '-C.CSz'-a�'�C �'"S-f"fJ�_. ... .. not£—""1-fa 51�Et s=�rff3fl€@f t�. ii.,'tb`.F biz 4r�'axi - evv En't' 7-{�-LGJ t } -Di'#ee4e ft { 3� # n t - ft f Ii_t - ' rabof-C�3dc? XOSFY-r3,Y 7"ist�KG z'c�rl�' :�7YFiL-Ys'-CITY"�'%+=CrT�i7r:zT'�.c"z_+uz. PROJECT LABOR AGREEMENT for the PREAMBLE This Agreement is mace and entered into the day of 200 , by and between., (hereinafter referred, to as "Project Manager") and . hereinafter referred to as "Coordinator") together with ether contractors and/or subcontractors who shall become signatory to this Agreement by siding the "Agreement To Be Bound" (Attachment A), (hereinafter referred to as "Contractor(s)"), and the Local Unions signatory hereto and those affiliated with the Building & Construction Trades Department of the American Federation of Labor Congress of Industrial Organizations and the Contra Costa County Building & Construction Trades Council, all on their behalf and on behalf of the various Local Unions involved, (hereinafter referred to as "Union(s)"). The parties further agree that the provisions of this Agreement shall apply to �, California (hereinafter referred to as "Project"). WHEREAS, the successful completion of the Project is of the utmost importance to the Public Entity o ; and WHEREAS, a skilled labor gaol represented by Building Trades Unions will be required to complete the work involved; and WIMREAS, the Building Trades Unions agree, to cooperate in every way possible with employees of the Contractors; and WHEREAS, the parties to this Agreement mutually agree that safety, quality, productivity and labor harmony are primary goals; and WHEREAS, the parties recognize the need for safe, efficient and speedy construction in order to reduce unnecessary delays and result in timely completion of the Project; and WI EREAS, it is recognized that on a project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption is substantial without an overriding con-znitment to maintain continuity ofwork; and WHEREAS, the interests of the general public, the (Public Entine the Unions and Contractor/E-mp loyers would be hest served if the construction work 1 proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages,picketing, lockouts, slowdowms or other interferences with work; and WHEREAS, the Contractor/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project by the Contractor/F-mployer(s), and further, to encourage close cooperation among the ContractortEmployer(s) and the Union(s) to the end that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and WHEREAS, the Agreement is not intended to replace, interfere, abrogate, diminish or modify existing local of national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractor/Employer(s) and the affected Union(s) except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event, the provisions of this Agreement shall prevail; and WHEREAS, the contract for the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code; and WHEREAS, the _ 1Publ c Entity) has the absolute right to select the lowest reliable and responsible bidder for the award of the construction contract on the Project; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards a mutually satisfactory completion of the Project; NOW THEREFORE, the parties, in consideration of the mutual promises and covenants herein contained,mutually agree as follows. PURPOSE The purposes of this Agreement are to promote efficient construction operations on-the Project, to insure an adequate supply of skilled craftspeople and to provide for peaceful, efficient and binding procedure for settling labor disputes. In so doing, the parties to this Agreement establish the foundation to promote the public interest, to provide a safe work place, to assure high quality construction, to ensure an uninterrupted construction project, and to secure optimum productivity, on-schedule performance and (Owner) satisfaction. It is the intent of the parties to set out uniform and fair working conditions for the efficient completion of the Project, maintain harmonious labor/management relations,and eliminate strikes, lockouts and other delays. 2 It is in the interest of the parties to this Agreement to utiliz�eources vailable in the local area, including those provided by minority y 1lo k-owned j / 41e_dr 1 oi. a � , �` rr dret.!'E-0e ARTICLE l DEFINITIONS "Owner" means [Name of Public Entity]; "Coordinator"means the individual, company or entity responsible for the administration and application of this Agreement. "Contractor" means a general contractor anchor subcontractor, at any tier, performing covered construction work on the Project; "Project"' means (Describe the Projectl, "Building Trades Council" or"Council"means the Contra Costa County Building and Construction Trades Council; "'Union" means the Unions that are signatory to this Agreement; "Master Collective Bargaining Agreement" or"Local Collective Bargaining Agreement" means the local collective bargaining agreements for the affected crafts negotiated by the historically recognized collective bargaining parties in the area. Copies of all such collective bargaining agreements shall be on file with the [Public Entity] and are incorporated herein by reference. ARTICLE 2 SCOPE OF AGREEMENT 2.1 This Agreement shall apply to all construction work including demolition, site preparation,alteration and repair on the Project know as in , California.awarded by the Owner and/or Construction Manager under Project Number C ), and any related change order(s). 2.2 This Agreement shall apply only to construction/craft employees working on this Project represented by the Unions signatory hereto, and shall not apply to Contractors` technical or non-manual employees including,but not Limited to, executives, engineers,office and clerical employees, drafters, supervisors above the classification of general foreman,timekeepers, messengers, or inspectors, material testers, and/or x-ray technicians, except to the extent that such inspectors, material testers, and/or x-ray technicians are customarily covered by the Local Collective Bargaining Agreement acid as to which classification a prevailing wage determination bos been published. c a,t' rle- . d w�,�z r 1 e t°rpj0-C.,/ OttC'LAMe- f ce 2.3 There shall be no limitation or restri6 ion upon the choice of materials or upon Ve // Full use and installation of equipment, machinery,package units factopre-cast, "S d� i "'J 1 p r`3 ) -��/JJ prefabricated or pre assembled materials, tools or other labor-saving devices. J°r' �.'r ie'fl Lawful fabrication provisions of the:appropriate national or local collective bargaining agreements shall be applicable. 2.4 It is recognized by the parties to this Agreement that the signatory Coordinator and Contractor(s) are acting only on behalf of said Coordinator and Contractor(s), and said Coordinator and Contractor(s) have no authority, either expressed, implied, actual, apparent or ostensible, to speak for or bind the Owner. 2.5 It is expressly agreed and understood by the parties hereto that the Owner shall retain the right at all times to perform and/or subcontract all portions of the construction and related work on the Project site not covered by this Agreement. 2.6 The working conditions and hours of employment herein provided have been negotiated between the parties signatory to this agreement. 2.7 Without limiting the foregoing, items specifically excluded from the scope of this . Agreement include the following: (a) Equipment and machinery awned or controlled and operated by the Owner; (b) All employees of any Contractor, design team or any other consultant of the District not performing manual labor within the scope of this Agreement; (c) Any work performed on or near or leading to the site of work covered by this Agreement and undertaken by state, colony, city or other governmental bodies, or their contractors, or by public utilities or their contractors,and/or by the Owner or its contractors(for work which is not part of the scope of this Agreement); (d) Off-site maintenance of leased equipment and on-site supervision of such work; (e) Laboratory or specialty testing or inspection not ordinarily done by the signatory local unions; (f) Non-construction support services contracted by the Owner or any Contractor in connection with this Project; and (g) All work by employees of the Owner. 4 2.8 Work covered by the Project Labor Agreement within the craft jurisdiction of the Elevator Constructors will be performed under the terms of the National Agreement of the International Union of Elevator Constructors, except that Articles 5, 6 and l l of the Project Labor Agreement will apply to such work_ ARTICLE 3 SUBCONTRACTS 3.1 Each Contractor(s) agrees that neither it nor any of its subcontractors will subcontract any work to be done on the Project except to a person, firm, or corporation who is or becomes party to this Agreement. Any Contractor(s) or subcontractor working on the Project shall, as a condition working on the Project, become signatory to and perform all work under the terns of this Agreement. 3.2 A subcontractor is defined as any person, firm or corporation who agrees under contract with the Contractors), or a subcontractor of the Contractor, at any tier, to perforin on the Project, any part or portion of the construction work covered by the prime contract, including the operating of construction equipment, performance of labor and/or installation of materials. 3.3 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement. This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation. 3.4 The Contractor shall provide in the subcontract that the subcontractor will pay the wages and benefits and will observe the hours and all other terms and conditions of this Agreement. The Contractor shall remain liable for any delinquency by such subcontractor in the payment of any wages or fringe benefits provided herein, including payments to Health &Welfare, Pension, Vacation/Holiday, Dues and Training& Retraining funds to the extent provided by law. 3.4.1 The contractor(s) will give written notice to the 'Union(s) of any subcontract involving the ,performance of work covered by this Agreement within either five (5) days of entering such subcontract or before the subcontractor commences work on the Project, whichever occurs first, and shall specify the name and address of the subcontractor. Written notice at a Pre-Job Conference shall be deemed written notice under this provision for those subcontractors listed at the Pre-Job only. 3.4.2 The provisions of this Section 3.4 shall be applied only to the Ment permitted by law and, notwithstanding any other provision of this Agreement, no aspect of the subcontractors' clause, including its enforcement, may be enforced by or subject to strike action. D v 4G&4'Y D AA a W/ /'A, 4 r r— rt y`J r-t+t'pl,'D l+. 5 ARTICLE 4 RELATIONSHIP BETWEEN PARTIES 4.1 This Agreement shall only be binding on the signatory parties hereto, and shall not apply to parents, affiliates, subsidiaries, or other divisions of the Coordinator and signatory Contractor(s) unless signed by such parent, affiliate, subsidiary, or other division of such company. 4.2 Each Contractor(s) shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement except as modified by Article 3. Any alleged breach of this Agreement by a Contractor(s) or any dispute between the signatory Union(s) and the Contractor(s) respecting compliance with the terms of this Agreement, shall not affect the rights, liabilities, obligations and duties between the .signatory Union(s) and each other Contractor(s) party to this Agreement. 4.3 It is mutually agreed by the parties that any liability by a signatory Union(s) to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory Union(s) shall not affect the rights, liabilities, obligations and duties between the signatory Contractors and the other Unions party to this Agreement. ARTICLE 5 NO STRIKES -NO LOCKOUTS 5.1 During the life of this Agreement,the Union(s) and its members, agents, representatives and employees shall not incite,encourage, condone or participate in any strike, walkout, slowdown, boycott, sympathy strike,picketing or other work stoppage of any nature whatsoever, for any cause whatsoever,or any other type of interference of any kind, coercive or otherwise, and it is expressly agreed that any such action is a violation of this Agreement. 5.1.1 Withholding employees for failure of a Contractor(s) to tender trust fund contributions as required in accordance. with Article 16 or failure to meet its weekly payroll obligations is not a violation of this Article 5. Should a Contractor performing work on this Project be delinquent in the payment of Trust Fund contributions required under this Agreement with respect to employees represented by the Union, the Union may request, that the General Contractor issue joint checks payable to the Contractor and the appropriate employee benefit Trust Fund(s) until such delinquencies are satisfied. Any Trust Fund claiming that a Contractor is delinquent in its fringe benefit contributions to the funds, will provide written notice of the alleged delinquency to the affected 6 Contractor, with copies to the General Contractor and or the Owner. The notice will indicate the, amount of delinquency asserted and the period that the delinquency covers. It is agreed, however, with respect to contractors delinquent in trust or benefit contribution payments, that nothing in this Agreement shall affect normal contract remedies available under the local collective bargaining agreements. If the General Contractor is delinquent in the payment of Trust Fund(s) contributions for covered work perfonned on this project, the General Contractor agrees that the affected Trust Fund(s) may place the Owner on notice of such delinquencies and the General Contractor further agrees that the Owner may issue joint checks to the General Contractor and the Trust Fund(s) until the delinquency is satisfied. 5.1.2 Expiration of Local and Other Applicable Agreements. It is specifically agreed that there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work, refusal to work, walk-off, boycott or other work stoppage of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Project and/or failure of the parties to that agreement to reach a new contract. In the event that such a local, regional, or other applicable labor agreement does expire and the parties to that agreement have failed to reach agreement on a new contract, work will continue to the Project on one of the following two bases, both of which will be offered by the Union(s) involved to the General Contractor and the Contractors affected. (a) Each of the Union(s)working with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Union(s) involved in such expiring contract(s) may each propose wage rates and Contractor contribution rates to employee benefits funds different from what those rates were under the expiring contract(s). Said interim agreement(s) would be superseded by any subsequently reached industry agreement(s) as of the date the industry agreement is reached. The terms of the Union's interim agreement offered to the Contractor will be no less favorable than the terms offered by the Union to any other Contractor or group of Contractors covering commercial construction work in Contra Costa County; or (b) Each of the Union(s) with a contract expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and Contractor contribution rates to the employee benefit funds, if the Contractor(s) affected by that contract agree to the following retroactivity provisions; if a new local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the period between the 7 effective dates of such labor agreements, an amount equal to any such retroactive wage and benefit increases established by such new labor agreement, retroactive to whatever dates are provided by the new local, regional or other applicable agreement for such increase to go into effect, for each employee's hours of work on the Project during the retroactivity period. All parties agree that such affected Contractor shall be solely responsible for any retroactive payments to its employees and trust funds and that neither the General Contractor nor the Owner has any obligations, responsibility or liability whatsoever for any such retroactive payments or collection of any such retroactive payments from any other Contractor. The General Contractor and the affected Union will mutually decide for each affected subcontractor (after consultation with each such subcontractor) between the above two options of having its subcontractor continue to work on the Project under the terms of the interim agreement offered under paragraph (a) above by the Union, or having its subcontractor continue to work on the Project on the retroactivity basis established under paragraph (b) above. The General Contractor and the affected Union may mutually decide upon the intmim agreement option for some subcontractors and the retroactivity option for other subcontractor(s). To decide between the two options, the General Contractor will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the General Contractor in writing its specific; offer of terms of the interim agreement pursuant to paragraph (a) above, whichever is the later date. 5.3 If violation of this Article occurs, upon written facsimile or telegraphic notice of such violation to the Local and International Union(s) offices, the Union(s) and its officers shall take immediate action and will prevent, end or avert any such aforementioned activity or the threat thereof by any of its officers, members, representatives or employees, either individually or collectively, including but not limited to, publicly disavowing any such action and ordering all such officers, representatives, employees or members who participate in such unauthorized activity to cease and desist from same .immediately and to return to work and comply with its orders. The Contractor(s) shall have the right, in the event of a work stoppage by the Union(s) to replace the employees represented by the Union(s) in violation of this Agreement in any way the Contractor(s) chooses, until the Union(s) effects the return to work of such employees. Nothing in this Agreement shall be construed to limit or restrict the right of any of the parties to this Agreement to pursue fully any and all remedies available under law in the event of a violation of this Article 5. 5.4 In consideration of the foregoing, the. Contractor(s) shall not incite, encourage or ,participate in any lockout or cause to be locked out any employee covered under the provisions of this Agreement. The term "lockout" does not refer to the discharge, termination or layoff of employees by the Contractor(s) for any reasons 8 in the exercise of its rights as set forth in any provision of this Agreement, nor does "lockout" include the Owner's or Contractors' decision to temiinate or suspend work on the site or any portion thereof for any reason. 5.5 Any employee or employees inciting, encouraging or participating in any strike, slowdown, picketing, sympathy strike or other activity in violation of this Agreement is subject to immediate discharge and the procedure of Article 11, if invoked. 5.6 Any party to this Agreement may institute the following binding arbitration procedure when such a breach is alleged. In the event a party institutes this procedure, arbitration shall be mandatory. �,r„� a du ttr j 11�1 v Me � J4 •f 1 e +tet• �x dot see.rrl 5.6.1 The party invoking this procedure shall immediately notify Gerald McK.ay�who the parties agree shall be the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, the Arbitrator shall appoint an alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by facsimile, telegraph or similar means to the party alleged to be in violation and the involved Union General President. 5.6.2 Upon receipt of said notice the Arbitrator named above or the alternate shall designate a place for, schedule anal hold a hearing within twenty-four(24) hours. 5.6.3 The Arbitrator shall notify the parties by facsimile, telegram or similar means of the place and time chosen for the session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator. 5.6.4 The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred, and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court or other arbitration proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The Arbitrator shall order cessation of the violation of this Article and other appropriate relief, and such award shall be scrved on all parties by hand or registered mail upon issuance. 5.6.5 The award shall be final, binding and non-reviewable as to the merits, and may be enforced by any court of competent jurisdiction, upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Facsimile, telegraphic or similar notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator's award as issued winder Section 9 5.6.4 of the Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement sloes not waive any party's right to participate in a hearing for a final order of enforcement. The Court's order or orders enforcing the Arbitrator's award shall be served on all parties by hand or by delivery to their last known address or by registered mail. 5.6.6 Any rights created by statute or law governing arbitration or injunction proceedings inconsistent with the above: procedure, or which interfere with compliance therewith, are hereby waived by the parties to whom they accrued. 5.6.i The costs of the arbitration, including the fee and expenses of the Arbitrator, shall be divided equally between the parties. /0 4e,. a V4,v y, , 4 pr 5.6.8 The procedures contained in Section 5.6 shall be applicable only to alleged violations of this Article. Discharge or discipline of employees for violation of this Article shall be subject to the grievance and arbitration procedures of Article 11. ARTICLE 6 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 6.1 All Contractors and subcontractors shall stipulate to and have the responsibility for making work assignments in accordance with the rules, regulations and procedures of the Plan for Settlement of Jurisdictional Dispute in the Construction Industry approved by the Building & Construction Trades Council AFL-CICS, June 14, 1984, or any successor plan. 6.2 There will be no strikes, no work stoppages or slowdowns or other interferences with the work because of jurisdictional disputes. 6.3 Where a jurisdictional dispute exists and cannot be resolved by the Local Unions involved, it shall be referred for resolution to the International Unions. The resolution of the dispute shall be reduced to writing, signed by the authorized representative of the ,International Unions and the Contractor(s). The original assignments made by the Contractor(s) shall be followed until such time as the dispute is resolved in accordance with this Section. 6.3.1 In the event that the respective International Unions of the disputing Locals and the Contractor(s) are unable to resolve the dispute within five (5) days from the date of referral, the dispute may be referred by any of the Interested Parties to the arbitration system of the Plan for the Settlement of Jurisdictional Disputes referred to in Section 6.1 of this Article. 0 6.4 Thea shall be no work steppage, work interruption, strike, sympathy strikes, picketing, hand:-billing or public notices of any kind while any jurisdictional dispute is being resolved. Pending resolution of the dispute, the work shall continue uninterrupted as originally assigned by the Contractor(s). The Contractor(s) shall have the right, in the event of a work stoppage by the Union(s), to replace the employees represented by the Union(s) in violation of this Agreement in any way the Contractor(s) choose, until the Union(s) effects the return to work of such employees. ARTICLE 7 COURDTN&T OR 4LIt0ve'- HOLN4&A- 7.1 „,,; r the Coordinator, is responsible for the administration and application of this Ag eementt ka� o e, e.-✓ „ 1-a o f,- �' r' M n✓ lit,)e,04 h, r- Va "+ -Y S I,# .-,, C'J” " �.`tL�►r'fj� *,r 06, 7.2 The Coordinatdr shall endeavor to facilitate harrndnious relatiorif between the „ Contractors and Unions signatory hereto and will conduct the monthly joint Labor/Management meeting referred to in Article 8 below. The Coordinator shall not be responsible for the acts of the Contractors or Unions signatory hereto, and will not be a party to any arbitration or litigation arising out of this Agreement. P Q/ ,CA ARTICLE 3 JOINT LA1E3CtAGEMENT MEETINGS 8.1 A joint LaborlManagernent meeting will be held on a monthly basis between the Coordinator, the Contractors and the signatory Unions. The purpose of these meetings is to promote harmonious labor/management relations, ensure adequate communications and advance the proficiency and efficiency of the Craftsperson and the Contractors on the. Project. These monthly meetings will also include discussion of the scheduling and productivity on work performed on the Project. 8.2 A Pre-Job Conference will be held prior to the commencement of work to establish the scope of work in each Contractor's contract. When a contract has been let to a Contractor(s) covered hereby, a Pre-Job Conference and/or Mark-Up Meeting shall be required upon request of any Union(s), Contractor(s) or the Coordinator. 8.3 The Contractor performing the work shall have the responsibility for making work assignments in accordance with Section 6.1 of this Agreement. The work assignments shall be made in writing. Any craft, objecting to the Contractor's proposed assignment of work shall have ten (10) working days from the elate of 11 the mark-up meeting to submit written objections to the Contractor before the Contractor makes the work assignments final. 8.4 The Coordinator will schedule and attend all Pre-.lob and Mark-Up Meetings and participate in discussions as they pertain to the terms and conditions of this Agreement. ARTICLE 9 ly#ANAGEMENT RIGHTS 9.1 The Contractor(s) retains full and exclusive authority for the management of their work forces for all work performed under this Agreement. This authority includes, but is not limited to the right to: A. Plan, direct and control the operation of all the work. B. Decide the number and types of employees required to perform the work safely and efficiently. C. Hire, promote and layoff employees as deemed appropriate to meet work requirements and/or skills required. D. Require all employees to observe the Contractors` Project Rules, Security and Safety Regulations, consistent with the provisions of this Agreement. These Project Rules and Regulations shall be reviewed and mutually agreed upon at the Pre-Joh meeting and supplied to all employees and/or pasted on the jobsite. The Contractor may implement drug testing on the job consistent with the drug testing procedures contained in the applicable craft agreement. L. Discharge, suspension or discipline will be handled under the applicable craft agreement. F. Assign and schedule work at its sole discretion and determine when overtime will be worked. There shall be no refusal by a craft to perform work assigned, including overtime work, however, Individual craftspeople shall not be required to work overtime unless specifically dispatched for overtime work. Any cases of a craft's refusal to work overtime shall be subject to the grievance procedure. C. Utilize any work methods,procedures or techniques and select and use any type or kind of materials, apparatus or equipment regardless of source, manufacturer or designator(in accordance with Article 21)t G� o, . OLJ. v Ae-jw w:`r ety Ae, '' r��,4 a v a.t e e--)er,,r� co rt r �+K c,�r'� , ,�- 12 H. The foregoing listing of management rights shall not be deemed to exclude other functions not specifically set forth herein ARTICLE 10 WORK RULES 10.1 The selection of craft foremen and general foremen shall be entirely the responsibility of the Contractor(s), it being understood that in the selection of such foremen, the Contractor(s) will give first consideration to the qualified individuals available in the local area and in accordance with the Craft's local Collective .bargaining Agreement. Foremen and general foremen shall take orders from the designated Contractor(s) representatives. 10.2 There shall be no limit on production by employees nor restrictions on the full use of tools or equipment. Craftpersons rising tools shall perform any of the work of the trade and shall work under the supervision of the craft foremen. 10.3 Security procedures for control of tools, equipment and materials are solely the responsibility ofContractor(s). 10.4 A badge system may be used to check in and out. Each employee must personally check in and out. The Contractor(s) will provide adequate facilities for check in and out in an expeditious manner. 10.5 Employees shall be at their place of work (as designated by the Contractor at the pre-job meeting) and ready to work at the starting time and shall remain at their place of work performing their assigned functions until quitting time. A reasonable time will be allowed for employees to put company and personal tools in secured storage and return to the parking, lot by quitting time. The parties reaffirm their policy of a fair day's work for a fair day's wage. 10.6 Slowdowns, standby crews and featherbedding practices will not be tolerated. 10.7It is understood by the Contractor(s) and agreed to by the Union(s), that the employees of the Contractor(s) will perform the work requested by the Contractor(s) without having any concern or interference with any other work performed by any employees of the Owner or others who are not covered by this Agreement including, but not limited to, maintenance and operations. 10.8 Rest periods shall be provided in accordance with Industrial Welfare Commission Wage Order 16. Employees will be permitted to have personal thermos bottles, the contents of which may be consumed during working hours at their assigned work locations. 10.9 All foremen will remain with their crews and supervise such crews in the performance of their duties. 10.10 There shall be no interference with vendor or supplier deliveries of equipment, apparatus, machinery and construction materials to the jobsite since such deliveries shall not fall under this Agreement. Unloading of the above will be performed by signatory Contractors'employees. 10.11 The Contractor(s) will furnish facilities for storage of tools, adequate sanitary facilities and clean, heated, dry change rooms. However, Contractor(s) will incur no liability for loss, theft, or damage to personal tools left in tool storage not provided by the Contractor(s), The Contractor(s) has the right to take any reasonable action deemed necessary to control tool losses. Personal tools when brought onto the jobsite at time of employment may be inventoried as to type and number of tools and condition. Tool provision and losses will be handled according to the individual craft local agreements. 10.12 The Contractor(s)and the unions recognize the necessity for promoting efficiency and agree that no rules, customs or practices shall be permitted that cause overmanning, limit production or increase the time required to do the work, and no limitation shall be placed upon the amount of worn which an employee shall perform, nor shall there be any restrictions against the use of any kind of machinery, tools or labor-saving devices,, owever, the lawful manning provisions of the Craft local agreements all be recognized ey . ,, it.}ttk Ar 0- ai-V ✓'w 0 *tt? e, ��I -/✓0jteVL C/tC 4wtKjl` 10.13 Employees shall receive a one-half hour lunch period with pay and meals at the Oe a r re 104 expense of the Contractor(s) if the employee is required to work beyond ten (I O) consecutive hours (not including the regular one-halfhour lunch period), and afters Mtj✓� '�'�`" working each additional four (4)hours. If meals are not provided, a meal toe"c cO_ s allowance of $10.00 will be paid in lieu thereof: ARTICLE 11 GRIEVANCE PROCEDURE 11.1 All disputes concerning the interpretation and/or application of this Agreement which do not fall within the Article 5 No-Strike No-Lockout procedure shall be governed by the following grievance and arbitration procedures. All other disputes shall be governed by the grievance and arbitration procedures contained tin the applicable local collective bargaining agreement. 11.2 A grievance shall be considered null and void if not brought to the attention of the Contractor(s) within five (5) working days after the grievance is alleged to have occurred or within. five (5) working days after the Union's first knowledge of the grievance. Similarly, a grievance shall be considered null and void if not brought to the attention of the Union(s) within five (5) working days after the grievance is 14 alleged to have occurred or within five (5) working days after the Contractors(s)' first knowledge of the grievance. 11.3 Grievances shall be settled according to the following Steps: Step l: The steward or business representative and the grievant shall attempt to resolve the grievance with the craft supervisor. Step 2: In the event the matter remains unresolved for five (5) working days in Step I above, within five (5) working days thereafter, the grievance shall be reduced to writing and may then be referred by the Union to the Contractor(s) for discussion and resolution. Step 3: In the event the matter remains unresolved for five (5) working days in Step 2, either Party may request, within five (5) working days thereafter, that the dispute be submitted to ar itr,ti�o`nn. le � r ► �v e- r "t 0fy V1 a rrtet`l o Ste 4. The Parties agree that the heeve s al� be selected from among the following: Gerald McKay, homas F Angelo, Morris Davis, 'William P.eiker and Gerri-Lou Cossak. The Arbitrator shall be selected on a rotating basis and the Coordinator shall be responsible for advising the parties as to which Arbitrator is next in line to resolve the dispute. If the Arbitrator next in line is unavailable to hear the dispute within a reasonable time period in the opinion of the parties, the next Arbitrator in line shall serve as the Arbitrator of the dispute. 11.4 The arbitration procedure contained herein, once invoked, shall be mandatory. Should a Party to the procedure fail or refuse to participate in the hearing, if the Arbitrator determines that proper notice of the hearing has been given, said hearing shall proceed in to a default award. The Arbitrator's award shall be final and binding on all Parties to the arbitration. The costs of the arbitration, including the arbitrator's fee and expenses, shall be borne equally by the Parties. The Arbitrator's decision shall be confined to the question(s) posed by the grievance and the Arbitrator shall not have authority to modify amend, alter, add to, or subtract from, any provisions of this Agreement. 11. 5 The time limits set out in this procedure may, upon mutual agreement, be extended. Any request for arbitration, request for extension of time limits, and agreement to extend such time limits shall be in writing. 11.6 The Contractor(s), as well as the Union, may bring forth grievances under this Article. ARTICLE 12 15 UNION RECOGNITION AND REPRESENTATION 12.1 The awner is a tirm believer that Union membership is important in the successful completion of construction projects. All employees working on the project shall be governed by the applicable union security clause of the applicable craft's Schedule A Agreement. (a) Employees hired by the Contractor(s) shall, as a condition of employment, be responsible f6r the payment of the applicable monthly dues,working dues and any associated fees uniformly required for union membership in the local union which is signatory to this agreement. Further, there is nothing in this Agreement that would prevent nonunion employees from joining the local union. 12.2 The Contractor(s) recognizes the onions signatory hereto as the sole and exclusive collective bargaining representatives for its craft employees on the Project. 12.3 Authorized representatives of the Unions shall have access to the site during established working hours,provided they do not unduly interfere with the work of the employees. 12.4 A Steward shall be a working journeyman appointed by the authorized union representative of the Local Union(s) who shall, in addition to work as a journeyman,be permitted to perform during working hours such Union(s) duties as cannot be performed at other times which consists of those duties assigned by the Business Manager or Business Agent. The Union(s) agrees that such duties shall be performed as expeditiously as possible and the Contractor(s) agrees to allow the Steward a reasonable amount of time for the performance of such duties. It is understood and agreed that the Steward's duties do not include any matters relating to referral or hiring. The Steward shall not leave the work area without notifying the appropriate supervisor. 12.5 The Steward will be paid at the journeyman wage for the job classification in which the Steward is employed. 12.6 The treatment of stewards shall be in accordance with the applicable craft agreement. ARTICLE 13 REFERRAL 13.1 Contractors performing construction work on the Project described in the Agreement shall, in filling craft job vacancies, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions 16 signatory hereto when such procedures are not in violation of Federal law. The Contractor(s) shall have the right to reject any applicant referred by the Union(s), in accordance with Article 19. 13.2 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors above general foreman it considers necessary and desirable, without such persons being referred by the Union(s). 13.3 In the event referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor(s) for employees within a forty-eight(48) hour period after such requisition is made by the Contractors) (Saturday, Sunday and holidays excluded), the Contractor(s) shall be free to obtain employees from any source. 13.4 The Unions shall exert their utmost efforts, including requesting assistance from other Local Unions, to recruit sufficient number of skilled Craftpersons to fulfill the labor requirements of the Contractors. 13.5 Recognizing the special needs of this Project and the acute shortage of skilled craftspeople, the Unions shall consider a Contractor's request to transfer key employees to work on this Project in a manner consistent with the Union's referral procedures. ARTICLE 14 NON-DISCRIMINATION 14.1 The Unions and Contractors shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, religion, Vietnam veteran or Vietnam Fra status, disability as identified in the Americans with Disabilities Act or any other basis recognized by law. ARTICLE 15 APPRENTICES 15.1 Recognizing the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, the Contractor(s) will employ apprentices in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured. 15.2 The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determination. 17 15.3 There shall be no restrictions on the utilization of apprentices in performing the work of their craft provided they are properly supervised. ARTICLE 16 WAGE SCALES and FRINGE BENEFITS 16.1 All employees covered by this Agreement shall be classified and paid in accordance with the classification and wage scales contained in the appropriate local agreements which have been negotiated by the historically recognized bargaining parties and in compliance with the applicable general prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Cade. 16.2 During the period of construction on this Project,the Contractors agree to recognize and put into effect such increases in wages and recognized fringe benefits as shall be negotiated between the various Unions and the historically recognized local bargaining parties on the effective date as set forth in the applicable collective bargaining agreement. The Unions shall notify the Contractors in writing of the specific increases in wages and recognized fringe benefits and the date on which they become effective. 16.3 The Contractors hereby adopt and agree to be bound by the written terms of the legally established local trust agreements specifying the detailed basis on which payments are to be made into, and benefits paid out of, such appropriately qualified employee fringe benefit funds established by such appropriate local agreements. The Contractors authorize the parties to such local trust agreements to appoint Trustees and successor Trustees to administer the trust funds, and hereby ratify and accept the Trustees so appointed as if made by the Contractors. 16.4 Mages due shall be paid to all employees weekly, not later than on Friday, and not more than three (3) days' wages may be withheld and shall be paid before the end of the work shift. Payment shall be made by check with detachable stub. 16.5 When an employee is discharged, the employee shall be paid wages due immediately. If an employee voluntarily terminates, wages due shall be paid in accordance with California State Law. ARTICLE 17 .HOURS OF ffDRY. OVER.T11MM and SHIFTS 17.1 Hours or Work. 'The work week will star on Monday and conclude on Sunday. Eight (8) hours per day shall constitute a standard work day between 18 L the hours of 5:00 a-m. and 5:30 p.m. with one-half(1/2) hour designated for lunch midway tiv-ough the shift. Forty (40) hours per week, Monday through Friday, shall constitute a regular week's work. The foregoing provisions of this Article are applicable unless otherwise provided in the General Prevailing Wage Determinations made by the Director of Industrial Relations pursuant to California Labor Code. Nothing herein shall be construed as guaranteeing any employee eight (8)hours per day or forty(40) hours per week. 17.2 Overtime: Overtime will be in compliance with the applicable General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code. 17.3 Shifts: The Contractor(s)shall have the right to establish shifts for any portion of the work in accordance with this Section. 17.3.1 If two (2) or three (3) shims are worked, the first shift shall consist of eight (8) hours of continuous work exclusive of a one-half(112) hour non-paid lunch period, the second shift shall consist of seven and one-half (7 112) hours of continuous work exclusive of a one-lialf(112) hour non-paid lunch period and the third shift shall consist of seven (7) hours of continuous work exclusive of a one-half(112) non-paid lunch period for eight(8) hours pay. 17.3.2 Shift work may be performed at the option of the Contractor(s)but,when performed, it must continue for a period of not less than five (5) consecutive working days. The straight time work week shall be considered to start with the day shift on Monday and end with the conclusionn of the second or third shift on the fifth consecutive day. ,s�, fir.rpt l��- al"✓or-0- c,� V C t4 ++ e-st04 l A y e t4 j 17.3.3 To th extent permitted by the applicable provisions of the ifornia Labor Code e Contractor(s), with one week notice to the Unions) ay establish a four (4) day per week, ten (10) hour per day work shift.. The regular work week shall be from Monday through Thursday. Pay for each of these four (4) days shall be ten (10) hours at the straight time hourly rate. 17.3.3.1 If a Friday is worked, the pay shall be one ,and one-half (1-1f2) times the straight time hourly rate for the first ten (10) hours worked. All work in excess of ten (10) hours shall be paid two (2) times the straight time hourly rate. If a sixth or seventh day is worked, the pay shall be two (2) times the straight time hourly rete. All applicable General Prevailing Wage Rates will be determined by the Director of Industrial Relations pursuant to the California.Labor Code. ARTICLE 18 HOLIDAYS 19 18.1 Holidays will be in compliance with the applicable General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code. ARTICLE 19 REPORTING PAY 19.1 Any employee reporting for work and for whom no work is provided, except when given prior notification not to report to work, shall receive two (2) hours pay at the regular straight time hourly rate. Any employee who starts work shall receive at least four(4) hours pay at the regular straight time hourly rate. Any employee who works beyond four(4) hours shall be paid for actual hours worked. 19.1.1 Whenever minimum reporting pay is provided for employees, they will be required to remain at the project site available for work for such time as they receive pay, unless released sooner by the principal supervisor of the Contractor(s) or its designated representative. 19.1.2 The provisions of this Section are not applicable where the employee voluntarily quits , in which case the employee shall be paid for the actual time worked. 19.2 It will not be a violation of this Agreement when the Owner or Contractor(s) consider it necessary to shut' down because of an emergency situation that could endanger life or property. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Owner or Contractor(s) request employees to wait in a designated area available for work, the employees will be compensated for the waiting time. ARTICLE 20 TRAVEL, SUBSISTENCEand ZONE PAY 20.1 Travel, subsistence and zone pay will be in compliance with the applicable General Prevailing Nage Determination made by the Director of Industrial Relations pursuant to California Labor Code. ARTICLE 21 HEALTH AND SAFETY 20 21.l The employees covered by the terms of this Agreement shall at all times, whin in the employ of the Contractor(s),be bound by the safety rules and regulations as established by the Owner and Contractor(s) and in accordance with OSHAJCal-OSHA. These rules and regulations will be published and posted at conspicuous places throughout the Project. 21.2 In accordance with the requirements of OSHA/Cal-OSHA, it shall be the exclusive responsibility of each Contractor(s) on the Project to assure safe working conditions for its employees and compliance by them with any safety rules contained herein or established by the contractor(s). Nothing in this Agreement will make the Union(s) or owner liable to any employee or to other persons in the event that injury or accident occurs. 213 A convenient supply of cold and potable drinking water shall be provided by the Contractor(s). 21.4 The Contractor(s) and Union(s) agree to abide by the substance abuse policy contained in the respective Master Collective Bargaining Agreements for the affected crafts. ARTICLE 22 SECMTY OF MATERIAL,EQQr V. EJNT and TOOLS 2.2.1 Security procedures for the control of tools, equipment and materials shall be solely the responsibility of the Contractor(s). 22.2 All employees will comply with the security procedures established by the Contractor(s) and the Owner. 22.3 Theft and/or loss of the Owner's tools and equipment is a major concern on the Project. The Owner's Security Regulations will be strictly enforced. 22.4 Violations or failure to comply with the Owner's Security Regulations while on the Project jobsite may result in termination and/or exclusion from the Project jobsite. ARTICLE 23 CALL-INS 23.1 Call-ins will be governed by the applicable craft collective bargaining agreement. ARTICLE 24 ENTIRE AGREEMENT 21 24.1 This• Agreement r resents fhe com fete understandingof the parties. A 24.2 The Inions agree that this Agreement covers all matters affecting wages, hours t r V141, and other teams and conditions of employment, and that during the terms of this j e4ry e-t-+r* Agreement,Neither the Contractor(s),nor the Union(s) will be required to 41 ,qYe a v"t K' negotiate on any further matters affecting these or any other subject not R u Avp a t� specifically set forth in this Agreement except by mutual agreement of the Unions doe-t(w �-r involved and the Coordinator. , re b `t_c „t1 24.3 Any other agreement or modification of this Agreement must be reduced to r k,�,f j 10L k 0,,, writing and signed by the Coordinator and the Unions involved. Phe e-G e-Je,vie e ARTICLE 25 GENERAL SAVINGS CLAUSE 25.1 It is not the intention of either the Contractor(s) or the Union(s)parties to violate any laws governing the subject matter of this Agreement. If any Article or provision of this Agreement shall be declared invalid, inoperative, or unenforceable by any competent authority of the executive, legislative,judicial or administrative branch of the federal, state or local government, the parties shall suspend the operation of each such article or provision during the period of invalidity. Such suspension shall not affect the operation of any provision covered in this Agreement to which the law or regulation is not applicable. Further,the Contractor(s) and Urtion(s)agree that if and when any or all provisions of this Agreement are finally held or determined to be illegal or void by a Court of competent jurisdiction,the parties will promptly enter into negotiations concerning the substance affected by such decision for the purpose of achieving conformity with the requirements of an.applicable law and the intent of the parties hereto. 25.2 In the event that a decision of a Court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void. ARTICLE 26 DURATION OF AGREEMENT 26.1 This Agreement shall become effective on the day the Owner awards the first contract covered by the scope of this Agreement and shall continue in full force and effect until completion of the scope of the Project. The parties may mutually agree in writing to mend, extend or temiinate this Agreement at any time. DATE: Contractor Signature Contra Costa Building & Construction Trades Council By: Greg Feere, Executive Officer 11291614 PROJECT LABOR AGREEMENT SIGNATURES Signatory Unions: Asbestos Workers Local#16 Hod Carriers Local#166 Bricklayers& Allied Craft Workers Local 43 Iron Workers Local 9378 23 Northern California Carpenters Northern California District Council Regional Council of Laborers Millwriehts Local#102 District Council of Plasterers &Cement Operating Engineers Local#3 Masons Electricians Local#301 � Painters & Allied Trades District Council#15 Plasterers Local#Sb file Drivers Local#34 Plumbers Local#159 Sheet Metal Workers Local#1©4 Roofers Local 4$1 Sprinkler Fitters Local#483 Teamsters Local#315 Steamfitters Local#342 PROJECT LABOR AGREUENT SIGNATURES (Continued) Boilermakers Local 549 Underground Utility/Landscape#355 Laborers Local#324 Elevator Constructions Local#8 24 TOTAL P.24 PROOF OF PUBLICATION stnxtian of a three st certif5ed oheck, cashier's (2015.5 C,C.P,) approximately. Inn check,ar bid bond In the T sC oars feat elevator tower amount of the ten percent add€tion (4bU sqq. ft.. or {1 D%) of the basa bid *° floor) to an exist]ng buikf- amount, made pa_yable to STATE OF CALIFORNIA � ]n and ap romataly the order of"Th.County of County of Centra Costa , 1,,I74 square .et of sit. Camra costa". 1 ImpravaMonts,The tntarlor' rainodalinn consists of m-- The bid security shat be I am a citizen of the United States and a resident of the :, prov.Men on three floors lyses as a rantea that of an axis 48,004 ft wig enter Into a County aforesaid; I am over the age of eighteen years, and a rox.)bu in w 16 bidder not a party to or interested in the above-entitled matter. pp ' contract if awarded the eq.ft. r hoar:Construc- wank and w}it be forfeited Construc- t, w li 1 consist of three tned i am the Principal Legal Clerk of the West Count Times, a p saes (see architectural by the bidder art re suc- p g y plana for phasing so- by County ;f the suc- news a er of general circulation, printed and published at quence). Each phase will glectseasefut r tWI release:na- p e g p p gleets or fat€a to anter Into 2640 Shadelands Drive in the City of Walnut Creek, County conslas of 1) asbstos abatement t) demolition said contract or to furnish of Contra Costa.94598. )new cansttruction;.hter#- the necessartyy bonds and r9_11 remodel€ng, mechan€- insurance cattifiestas after a#telectrical system' up- .being r.�quested to'do so And which newspaper has been adjudged a newspaper ofases, see a- bv the Board of S rv€am general circulation by the Superior Court of the County of ons equipment, security of Contra costa t�ounty. eg dpm ant and card k. Contra Costa, State of California, under the date of August access systams (4)a€actrBidders are hereby notified 29, 1978. Case Number 188884. cat power to oto ucomps uni and that sacur9tles may be sub- stituted for any mores Defiers for naw systems withheld by the Coon of tuerrttura workstations {ap- The notice, of which the annexed is a printed copy (set in roximat. 245 warkata- Contra Costa u, a ore type not smaller than nonpareil),has been published in each to for all these; parforrnance under the regular and entire issue of said newspaper and not in an phases),(5)punch list corn-I construction contract, In gY pi.t#on and (6) pro'act, accordance with Public supplement thereof on the following dates,to-wit: close-out.Tha naw 6ys�em; ntract Coda Season furniture workstations and. 22300 and the General January 2 admand components will be the Such securities sheell be County and are not part of. valued by the County Tres- all in the year of 2043 the bas.contract. surer-Tax Coifector,whose Y decision shall be final.Also, Each bid is to be In accor-: types of securities which I certifyor declare under penalty of perjury that the dance with the drawings are not listed In Govem- ( ) p ty p n rY and cftications on file at; foregoing is true and correct. the Co. of the Clark of ora Pubilc Contract ic�od th30 e Board of SupaMaora, F Flo County Adm;nie- Section 22300 must b Executed at Walnut Creek,California. traitor BuHeling, 651 Pine proved as a€gibia for €ten On ttli 2 day of Janus 2 street,rnarnnez,Cagfomta; vestment cod r Section f The drawings and speori9- 22300 by the County Tree- cations may.be examined. surer-Tax Collator before at the County Capital Pro-; bid aning. Unless such ... tecta Mansgement DMslon i securEiles are pr.quallfled Si Hato offke, 1220 Morello Ave-: before bid open]r they g nu. Salta 100 Marfhez shag not be acceptad by CaRomia 94553-4711. the County as security. West C my Times tions (not €and d cu The successful bidder will P O Box 100 Monts inctuded bY refer-. Pinole,CA 94564 ence)and proposal forms, be required to 'urnish a 510 262-2740 may be ob�ta�lrnad by pro- Payment Bond in an ( ) s Live bgrea rs at the, amount aqui]to one hurn- Coun.y Capital Projects` dead p.reant(100%)of the Proof of Publication o#: Management Olvision of- Contract price and a Faith- Nat3oa To Contr lice n Mani of a fu€PeAorm a Band in an (attached is a copy of the legal advertisement that published) PR€NT u3 r i a sERv€CE! arrxu�t.q mon.bur.- Notice.is tf.reby C€van: CHARGE IN THE AMOUNT dyad percent{100N of the order of the hoard of CF $75.00 (salsa tare €n- Contract price,a bonds ppervisors of Contra Costa cittded)whish amount shall to be secured from an ad- Couniy that the Director of not be refundable. Draw- mitt d surety]nearer sotto General Services wit m- ince and sp.olAcatlona l rixe by, .fila insurance cairn bids for the furnishing m�5r be ordered BY MAIL Commissioner to�taaransact of all tabor, materials, AN A€3DIT[ONAL SHIP-! i business she f at scillornien equipment, transportation, PING AND HANDLfNG FEEthe and services for: OF$14:04.Checks shell ba i Each bond shag be issued p Meda payatNe tc> The on the form set forth In the LANNREMDSoff CALPE P OFFICE and 0oume b m arled the f specifications, MODIFICATIONS AT 1306 Capita€ Protects Manag.-.I MAC NALD AVEullE, rnent Diet�,n 1220 More€-; Bidders are hereby n 'jed R10 NO FOR TfiE EM- to A nue,Su[to 100 Marfa-1 that pursuant to the Stat- PLOY IVT AND HUMAN nez nus, 9455 -4711, utas of the State of Caitfar- SERVICES DEPARTMENT abi Gement Db doescts not titera°rlocal is ta,iha Naard aC t BLErta stem No. raW sand arrival otsts{n.d ttla general pr. Authorization No. 492a- tions in #ins for blddhg.;apecIll valtirg rata of per diem Drawl and,apaclifca s anis rates far legal WH3888 hhdaye and overtime work tons rot be sent over-, In tine focality in which*this END PROPOSALS S night mWt No partial sets! xxxk���performed for BE SEALED AND SHALL THE IN wiu ba nssusd ascii type of works or roe- SUBMITTED O�t ENERAL Pros active bxiders may 1 chemo frac trod to execute SE VICES CAPrr RQ o ono��cop€es of ih.Chun hs contract which loos t>. JECTS MAIVAGEM OF- hot�dera,b61c ger ciho��. blan awarded fddar.The ihpre fling rate N ,1224SMU CELLO AV4E0- Projects Man erttant I of per dam waCdes is on i€fa MAA'nNEZ 94663-471#' �M at�g25)3-7240: wlth the O€ark of the Board ON.OR BEFORE TtdE# I or by Submlttiroa a written 1 of Supervisors. DAY OF-FEBRUARY,2403 to lgst via FAK no. (925), AT 2:00 P.M., and wtg be 313-7299. Reqquests for; As a condition of contract oppened In, ubllc Cmmadi- copies of the p(an holders j award,the successful bid- at.ly after the sterns due€n carnet be accepted at-: der(prime contractor)is re- the Cep€fai Prateots Man- ter 5:44 m.of day be-i qulrad to sign a Gp�r��a�eof la- agernani Dhris Confer- fora the bids are due. bon agreement IF!M with arcs Room i Mare40 Ithe Contra Costa Bugdir,y Avenue Sulfa 1 0 Marti- Technical questions ra-I and Cahetn�cVon Trades nez,Oalifomia A465 4711. 9arding the contract docu-I council and various craft Manta should be directed unions. Detailed Informs- The astirnat.d aonatructlan to the Ca itat Projects tion and requirements are contract cost is agarrani Division at $2,640, .40. telephone number {925)I s€nicuucdIn- tasoD ,3137240. o#iha The prime contractor for Each bid shall be made on: 4 specifications. Ulla ject shag hold a Vol- ft bid form issued with the IThe Carina Costa County C ase o Generalrise.Bui€dlny� specifications,eIand must be 1 Board of Supervisors an- Contractor license. aoc --- an ad by bid secu-I i courages.opportunities to The work Includes con- city I h.form of cash,a i davaiap and support Ml- noxity Business ntetprises (MBEs), Worrjon Business Enterprises (WBEs), Smell Business Enterprises ((SBEs),and ocat Business EMetprfseea s)by pro- vidtes for par-. ticipatton In the perfor- mance of construction contracts fnanced in whole or In cart with Cou fy funds. MBE,.Wf3E, SBE, and LBE definitions and de- tailed Information era in- cluded In DArlslon E of the Specifications. Art RE-BID CONFERENCE WILL BE 20i ALD b2:00 ANAINYTHE CONTRA COSTA MOUNT' CAPITAL PROJECTS MAN- AGEMENT DIMS OF- FICE 1220 MCR FLLC AVE- NUE, SUITE 100, MARTINEZ. CALIFORNIA. Discussion will cover rac- ommended outreach ef- forts, resources and any other subjects of Interest to attendees. Because of the restrictive nature of the fadilty THE SITE WILL ONLY B OPEN FOR INSPECTION BY BID- DERS ON JANUARY 23, 2003 AND JANUARY 28 2003. Inspection tours wail be conducted on these dates by a representative of the County's Capital Pro- jects �M���ane_®sment Dfvi- +SROMPTLYBAT 1000 MN starts fn�obby area of 1305 Iviao aid Avenue, Richmond. The said Board reserves j ahe ll britdsto anycpofoq .i any bid amilor waive"it uigy In any bid•re- ce#ved. Bids may not be withdrawn for a period of 60 days after the daWset� for opening thereof. BY JROER OF THE BOARD OF UPERVISORS OF CONTRA CC7 A COUNTY JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator l L Sharp Dated: 98December 20,2002 Publish January 2,21303