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HomeMy WebLinkAboutRESOLUTIONS - 03151994 - 94-156 (2) 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 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 it.s 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 o true and correct Copy of an action taken and entered on the minutes of the Board of Super vis1o)rs.on the de a shown. ATTESTED: 1 ify: ���G. PHIL BATCHELOR,Clerk of the Board of supervisors and ChuMy Administrator ey ,Oepub 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 m.\merrlthev.agr