The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04102001 - D.3 (2) IF "TO: BOARD OF SUPERVISORS 3 FROM: JOHN SWEETEN County Administrator DATE:. April 10, 2001 SUBJECT: FAMILY LAW CENTER BID ADDENDUM NO. 3 Authorization No. 4033-4408; Project No. 0928-WH408B SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) 1. APPROVE issuance of Bid Addendum No. 3 for the above project extending bid-opening date to May 17, 2001 and setting forth requirements for a project labor agreement. 2. CONSIDER directing staff to prepare,forthe Board's consideration, a draft policy applicable to the use of project labor agreements on County construction projects. 3. FURTHER ACKNOWLEDGE that the requirements used for the above project are not intended to set a policyforfuture County construction projects onto limit staff in preparation of any draft policy or the Board in its consideration of such a policy. FINANCIAL IMPACT Fiscal impact data on project costs are not available. BACKGROUND/REASONS FOR RECOMMENDATIONS On January 23,2001,the Board approved plans and specifications forthe Family Law Center and directed the solicitation of construction bids forthe project. The project consists of a two-story steel frame structure, approximately 40,000 square feet in area. The total project is estimated to cost $11.5 million, with the construction contract estimated at$8.5 million. Pursuant to the Board's direction, the project has been advertised, and construction bids currently are scheduled to be submitted and opened on April 19, 2001. On March 27, 2001, the Board directed staff(with assistance from County Counsel)to prepare, for the Board's consideration,an additional bid addendum requiring the negotiation of a project labor agreement. Pursuant to that direction, staff is in the process of preparing and issuing Bid Addendum.No. 3. The proposed bid addendum would require the successful bidder(general contractor)to negotiate and sign a project labor agreement containing certain specified provisions (see below) and would extend the bid opening date from April 19, 2001 to May 17, 2001. CONTINUED ON ATTACHMENT: X YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF qC MI EE APPROVE OTHER SIGNATURE(S): All ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER SEE ATTACHED LIST FOR SPEAKERS ON THIS ITal VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT,22M,2.." ) AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN, CLERK OF THE BOARD OF Contact: George Roemer(925-335-1055) SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator O'Brien Kreitzberg(Via CAO) CAO Capital Facilities General Services Department Presiding Judge,Superior Court BY DEPUTY County Counsel Auditor/Controller Contra Costa Building 8 Construction Trades Council Family Law Center Bid Addendum No. 3 Authorization No. 4033-4408 April 10, 2001 Project No. 0928-W H408B BACKGROUND/REASONS FOR RECOMMENDATIONS (continued) Given the new requirement for a project labor agreement, itis recommended that the bid opening date be further extended from April 19, 2001 to May 17, 2001. This is necessary to give reasonable notice to potential bidders and to allow staff to conduct an additional pre-proposal conference regarding this requirement. If directed by the Board, staff will prepare a draft policy on project labor agreements for the Board's consideration. If approved,the policy would apply to the use of project labor agreements on future County construction projects. The requirements used for the Family Law Center are not intended to set a policy for future County construction projects or to limit staff in preparation of a draft policy or the Board in its consideration of such a policy. Family Law Center Project Labor Agreement Low bidder, as condition of being awarded the contract, must negotiate project labor agreement(PLA) with Contra Costa Building & Construction Trades Council PLA must be negotiated with Council within 14 days after low bidder is notified by County. If contractor and unions are unable to agree upon terms of PLA within that time, matter is submitted to final, binding arbitration within 10 days Contractor and all subcontractors, as condition of working on project, must sign PLA PLA doesn't exclude any contractor(union or non-union) from bidding on project Required Provisions of Project Labor Agreement (PLA) At a minimum, the PLA shall include the following provisions: During term of PLA, unions and their members,agents, representatives, and employees shall not incite, encourage, condone, or participate in any strike, walkout, sitdown, stay-in, boycott, sympathy strike, picketing, handbilling,work stoppage,work slowdown,or other labor disruption or unrest for duration of project Violation of no-strike clause may be enjoined by contractor or subcontractor(s).in state.orfederal court at the election of contractor or subcontractor(s) During term of PLA,contractor shall endeavor to facilitate harmonious relations between subcontractors and unions Promise to continue work on project despite expiration of applicable collective bargaining agreements Agreement to use final and binding grievance and arbitration procedure to prevent disruptions and delays of the project arising from internal/external labor relations disputes, including jurisdictional disputes Contractors and subcontractors are allowed to use own core workforce before resorting to union hiring hall PLA effective only for this project PLA covers all new construction work awarded to and performed by contractor during the term of the project at the project site PLA doesn't affect contractor's parent companies, subsidiaries, or affiliates -2- Family Law Center Bid Addendum No. 3 Authorization No. 4033-4408 April 10, 2001 Project No. 0928-WH408B PLA doesn't apply to contractor's managerial, supervisorial, executive, or clerical employees Contractor and subcontractors are acting on their own behalf and have no authority, whether express, implied, actual, apparent, or ostensible, to bind owner (County) Owner(County)has the right at all times to perform and/or subcontract any portions of the construction and related work on the project not contracted to the signatory contractor Owner,contractor,and subcontractors have the rightto purchase material and equipment from any source and the craftsmen will handle and install such material and equipment PLA doesn't apply to anywork performed on or near or leading to or into the project site by state, county, city,or other governmental bodies or their contractor(s),or by utilities or their contractor(s),and/or byowner (County)or its contractor(s)forwork which is not part of the project northe fabrication or manufacture of any component, equipment, or materials offsite, for use or installation at the project site PLA doesn't limit or restrict choice of materials or full use and installation of equipment, machinery, package units, factory pre coat, prefabricated or preassembled materials, tools, or other labor-saving devices After installation is completed by contractor or subcontractor(s), owner (County), contractor, and subcontractor(s) reserve the right to perform start-up, operation, repair, maintenance, or revision of equipment or systems with persons of owner's (County's), contractor's, or subcontractor's(s') choice If required, the service representative may make a final check to protect the terms of a manufacturer's guarantee or warranty prior to start-up of a piece of equipment PLA is binding only on the signatory parties (contractor, subcontractors, and unions) Contractor alone is liable and responsible for its own individual acts and conduct and for any breach or alleged breach of PLA Contractor, subcontractors, and unions shall abide by a substance abuse policy as may be required by owner (County) or contractor All employees will comply with the security procedures established by contractor and owner (County) -3- w D.3 The following persons commented on the issuance on Bid Addendum No. 3 for the Family Law Center project, Martinez: Tom Steiner, Pacific Construction Corps, Lafayette; Kevin Dayton, Golden Gate Chapter, Associated Builders and Contractors, 11875 Dublin Blvd Ste. C-258;. Eric Christen, CFEC, 2320 Courage Drive, Fairfield; Richard Hein, P.O. Box 6530, Concord; Aram Hodess, Plumbers 159, 1308 Roman Way, Martinez•, Greg Feere, Contra Costa Building Trades Council, 935 Alhambra Avenue, Martinez. I I i I i I i j I j