HomeMy WebLinkAboutMINUTES - 03151994 - 1.61 r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 15 , 1994 , by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Requiring and )
providing for the ) RESOLUTION NO. 94/156
Implementation of a )
Project Labor Agreement )
for the Merrithew )
Memorial Hospital )
Replacement Project . )
WHEREAS this Board has directed the preparation and presentation of
this resolution for its further consideration concerning the above-noted
Subject and related matters; and
WHEREAS the County will be constructing a replacement for the
Merrithew Memorial Hospital in Martinez and there is an urgent need to
expeditiously construct this County health care facility (hereafter
"project" ) in order to assure retention of federal and state licensing and
to maintain compliance with fire, life safety and other applicable
regulatory standards; and
WHEREAS it is estimated that this construction project will require 30
months and will involve numerous contractors and employees in different
trades; and
WHEREAS satisfactory performance will require a skilled and properly
trained work force to construct the project because: ( 1 ) the project must
be completed on time so that the hospital addition will be available to
provide much-needed medical services to the citizens of the County; ( 2 )
the project must be constructed in a proper manner because errors , for
example, in the construction of electrical and medical gas systems can
jeopardize the lifesaving functions. to be performed in the hospital
addition; and ( 3 ) the project must be constructed in a safe manner to
protect patients , their families and hospital staff who will be in close
proximity to the project while construction is in progress ; and
WHEREAS, satisfactory performance will also require that construction
proceed without the disruptions that can occur on long-term projects both
from external labor relations problems and from the frictions that often
arise when a large number of contractors and their employees work in close
proximity to one another on .a job site; and
WHEREAS, in the private sector project agreements have been used for
years on hospital and other construction projects to achieve satisfactory
performance and the economic benefits that result from having a guaranteed
source of skilled workers and from avoiding disruptions in work; and
WHEREAS, the United States Supreme Court recently held in Building and
construction Trades Council v. Associated Builders and Contractors ,
U.S . , 113 S .Ct. 1190 (March 8 , 1993 ) , that public entities can enjoy
the substantial benefits that project agreements can provide and that
public entities may "choose a contractor based on that contractor' s
willingness to enter into a pre-hire (project] agreement" and that such
public entities ' actions are not preempted by the National Labor Relations
Act; and
IN ORDER TO INSURE SATISFACTORY AND TIMELY COMPLETION OF THE PROJECT,
IT IS BY THIS BOARD ORDERED,. DETERMINED, CERTIFIED and RESOLVED that:
1 . County staff charged with the fiscal administration and
responsibility for this construction project shall take all appropriate
RESOLUTION NO. 94/156
action(s ) necessary to assure that:
(a ) This construction project will not exceed its budget in any
manner because of the requirements of this resolution.
(b) It remains in full compliance with any applicable Federal
and/State project funding requirements in connection with this resolutions
implementation.
2 . Based upon testimony and materials previously received and matters
otherwise known to this Board and its members , it Hereby Certifies there is
an urgent need to expeditiously construct this County hospital health care
facility in order to assure retention of federal and state licensing and to
maintain compliance with fire, life safety and other applicable regulatory
standards .
3 . The County Administrator and project staff shall develop for this
Board' s consideration and possible approval and establishment a competitive
bid evaluation process for proposals received to do the work for this
hospital replacement project including a pre-bid bidders ' prequalification
procedure and related criteria. The developed competitive contractor
evaluation process and procedure shall include specific evaluation criteria
such as demonstrated comparable experience, firm resources to ensure
project completion and prior experience in successfully completing
scheduled and budgeted projects and acceptance of project labor agreement
requirements .
4 . The Health Services Director, County Administrator and project
staff (with the assistance of the County Counsel ' s office) are hereby
directed for this Board' s further consideration to develop bid
specifications, process and procedure for the foregoing and to provide
that:
(a ) The apparent lowest responsible monetary general contractor
pre-qualified bidder, as a condition of being awarded the contract, shall
negotiate a project agreement with the Contra Costa Building and
Construction Trades Council ( "Council" ) so that the contractor and its
subcontractors can utilize the hiring halls maintained by the Council ' s
constituents and can utilize the Council and its constituents for resolving
labor disputes during the term of the project. The project agreement shall
be negotiated with the Council with 14 days after the general contractor
has been notified of its apparent status by the County;
(b) The project agreement shall cover all work on the project
that is within the scope of the contract between the County and the general
contractor and shall run for the duration of the project;
(c ) The project agreement shall include provisions for the
following:
( 1 ) recognition of the Council and/or its affiliates as the
exclusive bargaining agent[s ) for all workers on the job so that the
general contractor knows who to deal with regarding any labor matters that
may arise during the course of construction;
( 2 ) referral of workers from the hiring halls maintained by
the constituents of the Council in order to insure a reliable source of
skilled workers for the project;
( 3 ) a no-strike provision for the duration of the project
and a final and binding grievance and arbitration procedure in order to
prevent disruptions and delays of the project arising from
internal/external labor relations disputes, including jurisdictional
disputes .
(d) The general contractor shall require all of its
subcontractors , as a condition of working on the project, to become parties
to the project agreement .
(e) ( 1 ) In the event that the general contractor and the Council
are unable to agree upon the terms of a project agreement within the time
limits set forth in paragraph 4 (a ) above, they shall immediately proceed
I
with arbitration of the matter in a timely fashion. The general contractor
and Council shall schedule a hearing before the arbitrator which shall be
held within 10 days . The primary arbitrator to be utilized is Gerald McKay
and, if unavailable, John Kagel as an alternate, or as may be otherwise
specified in. the invitation for bids. The hearing shall be completed
within a single day and if post-hearing briefs are requested by either
party they shall be filed within 3 days of the hearing. The cost of the
arbitrator and any court reporter shall be borne equally by the general
contractor and the Council .
(2) The arbitrator shall decide the terms of the project
agreement which shall include provisions as described in paragraphs (c) and .
(d) above. In deciding the other terms of the project agreement, the
arbitrator shall select in toto either the last proposal made by the
general contractor or the last proposal made by the Council.
(3) The arbitrator shall issue his written award within 7 days
of the completion of the hearing and send copies of it to the general
contractor, the Council and the County. The arbitrator's decision shall be
final and binding on the general contractor and the Council.
(4 ) If the general contractor refuses to proceed to interest
arbitration or to be bound by the arbitrator's award, it will not be
awarded the contract and the County may select a new general contractor.
If the Council refuses to proceed to interest arbitration or to be bound by
-the arbitrator' s award, the general contractor shall be excused from the
requirement that it negotiate a project agreement with the Council in order
to be considered for award of the project contract.
5. On proposed County construction projects of $1, 000,000 or more
this Board has adopted affirmative action and equal employment opportunity
goals for project work force composition of 25. 7% minority and 6 . 9% women
as set forth in attached subparagraph 1) of subsection A. of SECTION 10.
The Council is hereby requested to develop and file with the County by
April 20, 1994 its proposal of how it will assist with the accomplishment
of these employment goals for this hospital replacement project and address.
local worker hiring in connection with the implementation of the project
agreement.
1 hereby Certify that this is a true and correctcop of
an action taken and entered on the minutes of the
Board of Surslon he da a shown.
ATTESTED:=__�g„��O
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By .u�Duti
I
Orig. Dept. :_ County Administrator
cc: County Counsel
Health Services
GSD Accounting
Auditor-Controller
Contra Costa Building & Construction Trades
Council
O'Brien-Krietzberg & Associates
.J-2:a:\merrithea.agr
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DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
2) The listed certified MBE/WBE subcontractor, supplier,
manufacturer or trucker becomes bankrupt or insolvent.
3) The listed certified MBE/WBE subcontractor, supplier,
manufacturer or trucker fails or refuses to • meet the
conditions of the subcontract or furnish the listed materials.
4) The listed certified MBE/WBE subcontractor fails or refuses to
meet the bond requirements the Contractor specified before bid
due date.
5) The work performed by the listed certified MBE/WBE
subcontractor, supplier, manufacturer or truckers is
unsatisfactory and is not in conformance with the plans and
specifications, or the subcontractor is -delaying or disrupting
the progress of the work.
6) It would be in the best interest of the County.
C. The Contractor shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed
certified MBE/WBE or by other forces (including those of the
Contractor) pursuant to prior written authorization of the County.
SECTION 10. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall. pay special attention to Division F General
Conditions, Section 36 Equal Employment Opportunity and Labor Code
Section 1735 and these special provisions.
A. EMPLOYMENT GOALS
1) On projects of $1,000,000 or more it shall be the goal of each
contractor and subcontractor to ensure that the overall
minority composition of all persons employed specifically for
the purpose of completing this contract shall reflect the
overall minority composition of the labor force of Contra
!r Costa County (25.7%) and 6.9% of the labor force for women
employed specifically for the purpose of completing this
contract. This requirement does not apply to current
employees used on this contract.
2) The contractor shall make a maximum effort to achieve this
employment goal within each trade by ensuring that the
percentage of total hours worked within each trade by persons
who are members of minority groups and women are in proportion
to the overall minority composition of the Contra Costa County
labor force population.
3) The goals shall apply to the contractor and all subcontractors
regardless of how they are selected.
B. SPECIFIC AFFIRMATIVE ACTION STEPS
1) No contractor or subcontractor shall be found to be in
noncompliance solely on account of its failure to meet its
goals. The Contractor and subcontractor shall be given the
opportunity to demonstrate that they have instituted these
Specific Affirmative Action Steps and have made every "good
faith effort" to make these steps work toward the attainment
of the above employment goals. The contractor shall inform
its subcontractors of their respective obligations under the
terms and requirements of these special provisions.
2) The Contractor's and subcontractors' Affirmative Action
Program must include specific affirmative action steps to
increase minority and women utilization. Any contractor who
DIVISION E - 9