HomeMy WebLinkAboutMINUTES - 04102001 - D.3 TO: BOARD OF SUPERVISORS
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 forthe 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 orto 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 C MI EE
APPROVE OTHER
SIGNATURE(S): r
ACTION OF BOARD ON APPROVED AS RECOMMENDED A OTHER
SEE ATTACHED LIST FOR SPEAKERS ON THIS ITDI
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT (/YIOJ ) 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&Construction Trades Council
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(THREE (3)MINUTE LIMIT) �
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name: Key Q R y NA Phone: C��� Jf J2 33
Address: City: 04 /,- f C�
I am speaking for myself or organization: Cho Ue,,. &otfe Uy
Pr3 S oG:Fc� f�•`ll� �.,�� Co.,�y►c�l
(name of organization)
CHECK OHNE:
V I wish to speak on Agenda Item# -Z Date
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2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
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4. Give the Clerk a copy of your presentation or support documentation if available before
speaking.
5. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
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Q
(THREE (3)MINUTE LIMIT)
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Name: _ �c�irt fT�li�%72.. Phone:(7�•?5�� X13 7 - 3S-o 0
Address: 4�3 �' City:
1 am speaking for myself or organization:
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against
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SPEAKERS
1. Deposit the"Request to Speak" form (on the reverse side) in the box next to the speaker's
microphone before your agenda item is to be considered
2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
3. Begin by stating your name, address and whether you are speaking for yourself or as the
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation if available before
speaking.
5. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
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(THREE-(3)MINUTE LIMIT) T
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name:_ �1�1 cC,A--I Sfzn Phone: 707 43 P- O G-7 �
Address: G,,�e City: ar V2�jul
I am speaking for myself or organization: C F e C--
(name of organization)
CHECK ONE:
I wish to speak on Agenda Item# Date :
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to Consider:
SPEAKERS
1. Deposit the"Request to Speak" form (on the reverse side) in the box next to the speaker's
microphone before your agenda item is to be considered
2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
3. Begin by stating your name, address and whether you are speaking for yourself or as the
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation if available before
speaking.
5. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
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(THREE (3)MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before addressing the Board. B
Name: �C1/ /4��� Phone: ���
Address: City:
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(name of organization)
CHECK ONE:
I wish to speak on Agenda Item# —3 Date
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I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to Consider:
SPEAKERS
1: Deposit the"Request to Speak" form (on the reverse side) in the box next to the speaker's
microphone before your agenda item is to be considered '
2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
3. Begin by stating your name, address and whether you are speaking for yourself or as the
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation if available before
speaking.
5. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
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Complete this form and place it in the box near the speakers'
rostrum before addressing the Board.
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(name of organization)
CHECK ONE:
I wish to speak on Agenda Item # Date- �Q
My comments will be: general for against
I wish to speak .on the subject of
I do not wish to speak but leave these comments for the
Board to consider:
SPEAKERS
1. Deposit the "Request to Speak" form (on the reverse side) in
the box next to the speaker's microphone before your agenda
item is to be considered.
2. You will be called on to make your presentation.
Please speak into the microphone at the podium.
3. Begin by stating your name and address and whether
you are speaking for yourself or as the
representative of an organization.
4. Give the Clerk a copy of your presentation or
support documentation if available before speaking.
5. Limit your presentation to three minutes. Avoid
repeating comments made by previous speakers.
(The Chair may limit length of presentations so all
persons may be heard) .
REQUEST TO SPEAK FORM
(THREE'(3)MINUTE LIMIT) �.
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name: Phone: 22 R- o g<zrQ
Address: 'V3S `:.\�no,�..��,_ra C1�a City:
I am speaking for myself or organization: C s..�r•.C_.s�"�.A -C•�S p 1 �. G;�
(name of organization)
CHECK ONE:
I wish to speak on Agenda Item# -Irs f 3 Date :AAS,\ Za v
My comments will be: general_�_ for against
1 wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to Consider:
SPEAKERS
1. Deposit the,"Request to,Speak" form (on the reverse side) in the box next,to,.the speaker's---
microphone before your agenda item is to be considered
2. You will be called on to make your presentation.
Please speak into the microphone 4i thewdium.
3. Begin by stating your name, address and whether you are speaking for yourself or as the
representative of an organization.
4. Give the,Clerk a copy of your presentation or support documentation if available before
speaking.
S. Limit your presentation to three minutes. Avoid repeating comments made by previous
speakers.
6. The Chair may limit the length of presentations so all persons may be hear.
l
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.
Rpr 09 01 11 : 59a SONNIKSONeISTORDRHL CONST. p. 2
4 •tJL
S® SON
and Construction Inc. STATE LICENSE #667756
STORDARL CONSTRUCTION o ENGINEERING • MAINTENANCE
April 6,2001
Clerk of the Contra Costa County Board of Supervisars
Contra Costa County Board of Supervisors
651 Pine Street,Room 108A
Martinez, California 94553
Dear Clerk ofthe Board:
Regarding agenda.item D-3 for the April l Q meeting of the Contra Costa County Board
Of Supervisors, the California Contractors Alliaace(CCA)is STRONGLY OPPOSED
TO STAFF'S RECOMMENDATION TRAT Feruily Law Center,Addendum No. 3,
Authorization No.4033-4409;Project No.0928-N JM408B be approved.
Staff's recommendation includes the following:
1. APPROVE issuance of Bid Addendum No, 3 for the above project extending bid-
opening date of May 17,2001 and seUing forth requirements for a project labor
agreement(PLA).
2. CONSIDER directing staff to prepam, for the Board's consideration,a draft
policy applicable to the use of project labor agreements on County construction
projects.
3. FURL HER ACKNOWLEDGE that the requirements used for the above project
are not intended to set a policy for future County construction projects or to limit
staff in preparation of any draft policy or the Board in its consideration of such a
policy.
While GCA acknowledges that staff has considered objections from merit shop ountraator
trade associations and removed the most objectionable.provisions, there is noting in this
proposed policy to prevent the Contra Costa Building and Construction.Trades Council
from insisting on the inclusion of discriminatory provisions in a PLA.
PLAs,as they have historically been imposed in Contra Costa County,are inherently
discriminatory. The staff report comments under Fiscal Impacts that,"Fiscal impact data
on project costs are not available." 1he question is why would the Board of Supervisors
adopt a resolution of this magnitude on a major construction project that inherently
involves significant costs when the fiscal impacts are unknown.
If, despite our argument,the Board wishes to proceed with a PLA, it should insist upon
and provide language to the effect that the PLA not contain provisions that discriminate
458 SUNRISE DRIVE.MAR'f1NEL, CA 94553 PHONE(925) 229-4028 FAX: (925) 229-1810
Apr 09 01 12: 00p
SONNIKSON/STORDRHL CONST. p. 3
against any contractor,merit shop or union and have provided an amendment to that
effect:
T ander Family Law Centcr,Project Labor Agreement,proposed language,the phrase, "At
a minimum, the PLA shall include the following provisions:" should he amended to read,
"The PLA shall be limiled to tine following provisions:'. By including this language,the
County will increase its ability to maintain a less compromised degree of fair and open
competition an the Family Law Center project.
As further argument, it should be noted that, by aniFiciellly restricting those able to
compete to a limited number of union-only contractors,one inevitably increases the cost
of public sector projects for the residents of Contra Costa County. Despite the fact that
the Board of supervisors is elected to present both union and non-union voters alike, one
can only ask why anyone would wish to sacrifice the fiscal element of the public good,
which has always been to provide the best project at the best price using qualified
workers?
Today,four out of five or 80 percent of construction workers choose to be open shop or
non-union workers. Does it make any sense whatsoever to eliminate from the potential
contractor employee workforce, those who pay,taxes to Contra Costa County but would
be unable to work on it Courcy project financed at taxpayer expense?
On behalf of the CCA and its member companies,I strongly urge you and the other
members of the Board of Supervisors to oppose this unfair and discriminatory resolution
or,if you are forced to impose a PLA,to adopt the language contained in our proposed
amendment.
Sincerely yours,
Mike
Mike Sonnikson
President
Copies to: Members of the Contra Costa County Hoard of Supervisors
John Sweeten,County Admivastrator
George Roemer,County Construction AdminiWOlOr
Clerk of the Contra Costa County Board of Supervisors
' Rpr 09 01 11 : 59a SONNIKSON?STORDRHL CONST. P- 2
SOON
and Construction Inc.
STATE LICENSE #662756
STORDARL CONSTRUCTION . ENGU-4EBRING • MAINTENANCE
April 6,2001
Clerk of the Contra Costa County Board of Supervisors
Contra Costa County Board of Supervisors
651 Pine Street,Room 108A
Martinez, C_-Efomia 94553
Dear Clerk of the Board:
Regarding agenda item D-3 for the April 10 meeling of the Contra Costa County Board
of Supervisors, the California Contractors Alliance(CCA)is STRONGLY OPPOSED
TO STAFF'S RECOMMENDATI N THAT Faintly Law Center,Addendum No. 3,
Authorization No.4033-4408;Project No.0928-WH408D be approved.
Staff's recommendation includes the following:
I. APPROVE issuance of Bid Addendum No. 3 for the above project extending bid-
,,pening date of May 17,2001 and selling forth requirements for a project labor
agreement(PLA).
2. CONSIDER directing staff to prepare, for die Board's consideration,a draft
policy applicable to the use of project labor agreements on County construction
p1rJjects.
3. FIJKMER ACKNOWLEDGE that the requirements used for the above project
are not intended to set a policy for future County construction projects or to limit
staff in preparation of any draft policy or the Board in its consideration of such a
policy.
While CCA acknowledges that staff has considered objections from merit shop contractor
trade associations and removed the most objectionable provisions, there is noting in this
proposed policy to prevent the Contra Costa Rtuilding and Construction Trades Council
from insisting on the inclusion of discriminatory provisions in a PLA.
PLAs, as they have historically been unposed in Contra Costa County,are inherently
discriminatory. The staff report comments under Fiscal Impacts that,"Fiscal impact data
on proiect costs are not available." The question is why would the Board of Supervisors
adopt a resolution of this magnitude on a major construction project that inherently
involves significant costs when the fiscal impacts are unknown.
If, despite our argument, the Board wishes to proceed with a PLA, it should insist upon
and provide language to the effect that the PI.A not contain provisions that discriminate
4858 SUNRISE DRIVE,MAwrINEZ,CA 94553 PHONE.(92.5) 229-4028 FAX: (925) 229-1810
Rpr 09 01 12: OOp SONNIKSON/STORDRHL CONST. p-3
against any contractor,merit shop or anion and have provided as amendment to that
effect:
Tnder Family Law Ccnter, Project Labor Agreeznent,proposed language,the phrase,"At
a minimum, the PLA shall include the following provisions:" should he amended to read,
"The PI,,4 shall be linwed to the following provisions:-. By including this language, the
County will increase its ability to maintain a less compromised degree of fair and open
competition on the Family Law Center project.
As further argument, it should be noted that, by aMfzcially restricting those able to
compete to a limited number of union-only contractors,one inevitably increases the cost
of public seciur projects for the residents of Contra Costa County. Despite the fact that
the Beard of supervisors is elected to present both union and non-union voters alike,one
can on]),ask why anyone would wish to sacrifice the fiscal element of the public good,
which has always been to provide the best project at the best price using qualified
workers?
Today, four out of five or 80 percent of construction workers choose to be open shop or
non-union workers. Does it make any sense whatsoever to eliminate from the potential
contractor employee tivnrkforce, those who pay taxes to Contra Costa County but would
be unable w work on a County project financed at taxpayer expense?
4n behalf of the CCA and its member companies,I strongly urge you and the other
members of the Board of Supervisors to oppose this unfair and discriminatory resolution
or,if you are forced to impose a PLA,to adopt the language contained in our proposed
amendment.
Sincerely yam,
Mike Sonnikson
President
Copies to: Members of the Contra Costa County Board of Supervisors
John Sweeten,Count? Administrator
George Roemer,County Construction Administrator
Clerk of the Contra Costa County Board of Supervisors
Arir-08-01 11 : 25P ASSO BUILDERS CTRS. 925 829 5743 P - 02
APR 1 0 2001
CLE: .?0,v'rt'• :t�•ERVISORS
Oil i i i GU i CO.
Page Daily Pacific Builder Fri., March 3(), 2001
Pictur.e.sque •aside,
construction challenges... ...
at the Ritz- Carltonhave been-
anything
but. in,vigoratitig
By Lisa Kopoeh.inski the :area and evert tlae state."
A-�z it result, Salt Carlos-based Went. hired
Wsuilz the (2�iV.-Carlton is b,-)(,king-)(,kingstibcontractors from Nevada, Hawaii. Arizona,
nservatiuns for it; insuti*tical
Iexas, [llin�,is and even Cztnada.
ruiner season_ contractors cOunt
"We had to make a narl'onwide; call to the
their blessings that they were able to cumplete the unions for the setters becau'se of the shortar in
fo-e-star resort in the first place. the Bay Area,"added Thompson.
"The market is so ltor. in the.Bay Area that the Construction on the Halt Moc,n B::y reiort
labor tome is severely depleted. Because this is a began in 1999.
100 percent union job, we had to get addiri.unal Situated on a 12-acre bluff overlooking the
workers from local anion halls," said Chris pacific Ocean, the Rita-Carlton project k, a
Thompson. project executive with general product of Vestar-Athens, a parrnrrship consisting
contractor The Wentz Group. of Phoenix-based Vestar Development and The
"When the hails were empty, as they have Athens Group Yarniouth Capital Partners D of
been nearly the entire time, we had to look out of Atlanta.
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NEWS (Vol. 47, No. 2320) 103
management or labor side—can afford to go strike and Czery said negotiations went well, but declined fur.
miss out on the opportunity to put in hours, make ther comment on the tentative settlement.
money, and get out there and get the job done," Baker BY JAMES SKOVROu
said.
Baker said several factors contributed to the in-
creased wages and benefits. "The union workforce here Project Labor Agreements
in the Midwest is [comprised of well trained], highly
qualified people, and contractors and management re- Wilson Bridge Foundation Contract Awarded
ward people who do quality work," he said.
Baker said, like the rest of the country, there is a To Nonunion Joint Venture, State DOT Says
strained labor market in Missouri and more work than
available workers. he apparent low bidder on the foundation contract
"That has a lot to do with [the higher wage-benefit for the reconstruction of Wilson Bridge near Wash-
averages], too," Baker said. "In order to keep qualified Tington, D.C., is a nonunion joint venture of Tidewa-
people, you have to compensate them," he said. Baker ter Construction Corp./Kiewit Construction Co./Clarke
said that the region's relatively low cost of living, and Construction Group, with a bid of $125.4 million, ac-
other favorable quality of life issues cause natives to cording to a March 22 announcement from the Mary-
stay in the area and attracts travelers from as far as the land Department of Transportation's State Highway
East and West Coasts to work in the region. Administration.
BY Kip BETZ The low bid, one of five proposals, was nearly $25
million below engineers' estimates.
Work on the project is expected to begin at the end
Collective Bargaining of May and continue until the summer of 2003. The
foundations will consist of steel piles driven into the
AGC, Operating Engineers Settle Pact river bottom to support concrete footings and pedestals
that will be built for 17 piers. Built just above the water
In Central New York for $5.75 in Four Years surface, the foundations will provide the platforms on
which the rest of the two-part, 12-lane bridge will be
The Associated General Contractors in Albany, N.Y., built.and the International Union of Operating Engi- Completion of the first part of the project is targeted
neers Local 545 in Syracuse, N.Y., March 21 for the end of 2004.The last half of the project is sched-
agreed on a four-year tentative agreement that would uled for completion by early 2007, according to the
provide $5.75 in hourly wages-fringe increases over state agency.
term for some 600 heavy highway workers in central M. Kirk Pickerel, executive vice president of the As-
New York, according to association and union officials. sociated Builders and Contractors, March 23 said his
Local 545 has not scheduled a ratification meeting as association was pleased that the foundation contract
yet, Frank Ives, Local president, said March 27. was awarded "without the onerous project labor agree-
However, the union leadership is satisfied with the ment provisions." The three companies awarded the
agreement and is recommending that the members contract "were apparently the ones best able to do the
ratify the contract, he said. We believe the member- job on time and within budget.Whether or not they uti-
ship will ratify it, he said. lize union labor was not a consideration."
Pending ratification by union members, the agree- pickerel said the contracts "were awarded in a
ment will be in effect from April 1,2001,until March 31,
2005, Ted Czerv, assistant managing director of AGC's method that insured open and fair competition.Taxpay-
New York state chapter, said March 26. ers in Maryland and Virginia are the big winners."
The tentative agreement would provide an additional The Building and Construction Trades Department,
$1.25 (unallocated) on July 1, $1.25 more on July 1, AFL-CIO, which negotiated a project agreement for the
2002, $1.50more on July 1, 2003, and $1.75 more on bridge project, declined to comment on the contract
July 1, 2004, Czery said. Rates set by the final increase award.
will remain in effect past the expiration date until June Following issuance of an executive order by Presi-
30, 2005, he said. Current rates, which will be in effect dent Bush restricting the use of project agreements on
until July 1, were set by the final increase of the pre- federally funded work (46 CLR 1587, 1612, 2/21/01),
existing agreement, he said. BCTD's Heavy Highway Division negotiated an adden-
Crane operators currently earn$23.20 an hour along dum to its heavy and highway project agreement for the
with the fringe contribution rate of$12.25 per hour for bridge project that could have been used had the low
a total wage and fringe package of$35.45, Czery said. bidder been a union contractor, according to division
According to Ives, the$12.25 per hour benefit contri- officials.
bution breaks down into $4.60 for health-welfare, $2.45 Cianboro Corp.in Pittsfield,Maine,which is active in
for local pension, $1.60 for international pension fund, the highway and heavy market in the Washington, D.C.,
$2.10 for a joint personal savings account plan, and area did not place a bid on the foundation contract.
$1.50 for apprenticeship. Robert J. Desjardins, executive vice president of Cian-
Based on the crane operator rate, Czery said, the boro Corp., March 22 said his firm decided not to bid on
$1.25 per hour wage-fringe increase due July 1 will the contract because a project labor agreement was be-
translate into a 3.5 percent raise, the 2001 increase will ing negotiated for the project. Desjardins said his non-
be approximately 3.4 percent, the 2003 increase will be union firm chose not to bid on a project that would re-
approximately 4 percent more, and the final increase of quire its workers to be referred through union hiring
$1.75 will amount to a 4.4 percent increase. halls.
CONSTRUCTION LABOR REPORT ISSN 0010.6836 BNA 3-28-01