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HomeMy WebLinkAboutMINUTES - 05031994 - 1.62 r - t 1 .160 through 1 .162 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 3,1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: CORRESPONDENCE Item No. 1.60 LETTER dated April 20, 1994, from C. M. Tong, Chair, Procurement Committee, Asian Business Association, 1091A Orchard Road, Lafayette 94549, expressing concern that the "Notice of Request for Statements of Prequalification" for construction of the replacement of Merrithew Memorial Hospital restricts the participation of minority and women business enterprises on this project due to the fact that many of them do not have a union agreement. ***REFERRED TO COUNTY ADMINISTRATOR 1.61 LETTER dated April 5, 1994, from M. K. Fong, Vice Chairman, State Board of Equalization, 13200 Crossroads Parkway North, Suite 450, City of Industry 91746, regarding implementation of Proposition 172. ***REFERRED TO COUNTY ADMINISTRATOR 1.62 LETTER dated April 13, 1994, from Greg Feere, Chief Executive Officer, Contra Costa Building and Trades Council, 935 Alhambra Avenue, Suite No. 2, Martinez 94553, submitting its proposal on employment goals for the Merrithew Hospital Replacement Project. ***ACKNOWLEDGED RECEIPT I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Sui on the date shown. ATTESTED: PHIL BATCHEL Ge Icyof�oa6 rd of Supervisors and County 1A Addm tor ►h9stra By_ .f/YI�QV Jo�� iw DA�oJrylr ww•7 cc: Correspondents County Administrator COUNTY COUNSELS OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: April 25, 1994 To: Clerk of the Board of Supervisors Attn: Jeanne Maglio, Chief Clerk From: Victor J. Westman, County Counse*740W-m Re: Building and Construction Trades Council MBE/WBE Proposal for Merrithew Hospital Replacement Project. Paragraph 5 of the Board' s Resolution No. 94/156 requested that the Contra Costa Building and Construction Trades Council file the attached April 13, 1994, letter with the County. The attached copy y of the April 13th letter is provided for the Board' s file and ",,,i�eceipt thereof should be acknowledged on the next available Boar6,talendar. VJW:df cc: County Administrator Office Attn: D. Bell and E. Kuevor Health Services Dept. O'Brien - Krietzberg & Associates C.C. Building and Construction Trades Council dflOMmaglio.mbe The general contractor 144 arbitration of the matter in a timely fashion. 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 1J 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 igoals 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. I hereby w-nity that this is a true and correct ecloo 0' an action taken and entered on the minutes=1 Board of SuperviSOMonjthe date shown. ATTESTED: 4 PHIL BATCHELOR.Clerkof the Board and7ty Administrator of Supervisors By Orig. Dept. :, County Administrator ,*ti cc: County Counsel Health Services GSD Accounting Auditor-Controller Contra Costa Building & Construction Trades Council O'Brien-Krietzberg & Associates J-2sA:\=errith*w.&&r .4 Contra Costa Building and Construction Trades Council J `L • C�Nl9 935 Alhambra Avenue oo H`SD(0.AflpN0! y Greg Feere Suite No.2 �y `'eo9 co Chief Executive Martinez, CA 94553Q ; A« , of a Officer FAX(510) 372-7414 s 1 Phone(510) 228-0900 INDUSI 1 I1 �b1SN0� 4� ._. ,1 APR ! U i.f J �� couraTy oou,,�SEL MAATI��EZ CALIF. April 13 , 1994 Victor J. Westman, Esq. County Counsel Contra Costa County County Administrative Building P.O. Box 69 Martinez, CA 94553 RE: Resolution No. 94/156 (County Hospital Project Labor Agreement) Dear Mr. Westman: Paragraph 5 of the above Resolution requests the Contra Costa Building and Construction Trades Council ("Council") "to develop and file with the County by April 20, 1994 its proposal of how it will assist with the accomplishment of . . . [minority and female] employment goals for this hospital replacement project and address local hiring in connection with the implementation of the project agreement. " This letter is sent in response to that request. I should note at the outset that there are severe legal constraints on the ability of the Council 's affiliates to assist their contractors with regard to minority and female employment goals and local hiring desires. Generally, employees are dispatched to contractors through union hiring halls which, by federal law, must be operated in a non-discriminatory manner. Accordingly, the local unions might subject themselves to enormous back pay liability were they to by-pass a journey level employee on their out-of-work list in order to dispatch a minority, female or local journey level worker who had signed the list at a later date. With regard to apprentices, state law restricts the ability of the local unions simply to bring in additional minority and female workers on an ad hoc basis. Once again, the locals could subject themselves to enormous back pay liability were they to by-pass apprentice applicants who had previously qualified for their apprenticeship programs under state approved selection procedures. The local unions affiliated with the Council are best able to increase the number of minority and female members by bringing additional minority and female applicants into their apprenticeship Feere 4/13/94 Pg. 2 programs. The number of apprentice openings in those programs is a function of the current and future work opportunities in each craft that are available through contractors (mostly union contractors) who utilize the apprenticeship programs. To the extent that public works projects, such as the hospital replacement, utilize contractors who request apprentices from programs run by our locals, those programs will experience a greater demand for their apprentices and will take in additional applicants, including minority and female applicants. In addition, the vast majority of those new apprentices will be local workers.-!/ I wish to assure you that our locals are making every possible effort to recruit and indenture minority and female applicants in order to fulfill the goals and timetables that the California Division of Apprenticeship Standards ("DAS") has established for all of the apprenticeship programs operated by those locals.2j For example, our locals' apprenticeship programs have extensive outreach and recruitment programs which include: notifying hundreds of organizations that applications are being accepted;3J co- sponsoring and attending job fairs; speaking at local high schools; sending announcements to radio and television stations; hiring a minority recruiter to locate minority applicants; conducting orientation services for minority and female applicants; and conducting tutoring for all applicants who may need help in certain areas such as mathematics. As an example of the last activity, the Electricians' apprenticeship program began tutoring 173 potential applicants, approximately 400 of whom were minority and female. The classes, in mathematics, last 2 hours each and there are 10 different classes. Each class is held 7 times a week, including 2 classes at night and 4 on Saturdays, so that anyone who is interested can attend. By way of contrast, many non-union employers now utilize out-of- area apprenticeship programs. As a result, their apprentices are also from out of the area. J The apprenticeship programs are required by DAS to submit data demonstrating that they have achieved their goals and timetables or have made a reasonable effort to do so. J In addition to sending those notices to local high schools, newspapers and government employment agencies, the programs also mail them to such diverse organizations as Community Service to the Spanish Speaking, Diablo Valley College Women's Center, Chinese for Affirmative Action, local NAACP chapters, Equal Rights Advocates, Battered Women's Alternative, local YWCA's, Cambodian Women's Association, and United Indian Nations. Feere 4/13/94 Pg. 3 In addition, certain requirements, that in the past had the effect of disqualifying many minority applicants, have been altered or eliminated. For example, the Plumbers' apprenticeship program modified its math requirements and the Electricians' program eliminated a written test it had previously given. The efforts of our locals to recruit and indenture more minority and female apprentices are long-standing and on-going. And, as I mentioned above, to the extent that our contractors are successful in obtaining additional projects - - both public and private - - our apprenticeship programs will have additional openings which can be filled by minority applicants. Those minority workers will be available to work on projects, such as the hospital replacement, first as apprentices and ultimately as journey level workers. In sum, to the extent that state and federal law permits, our affiliated unions will work with their contractors to supply them with qualified minority and female apprentices and journey level workers and thereby assist those contractors in meeting the employment goals set forth in Resolution 94/156. The Council is hopeful that the County will require project agreements in the future on other public works jobs and that the employment created for our members will make it possible for our apprenticeship programs to indenture additional minority and female applicants who will eventually become skilled, union journey workers. I would appreciate it if you would forward this letter to the appropriate County officials. Sirlperely, r Feere C ief Executive Officer GF:ps