HomeMy WebLinkAbout04.e. Adopt Resolution 2012-027 adopting Labor Compliance Program requirementsCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS . e.
POSITION PAPER
Board Meeting Date: April 19, 2012
subject: ADOPT A RESOLUTION ADOPTING THE LABOR COMPLIANCE
PROGRAM REQUIREMENTS OF PROPOSITION 84; APPROVING CONTRACTOR
COMPLIANCE AND MONITORING, INC. AS THE THIRD PARTY LABOR
COMPLIANCE PROGRAM ADMINISTRATOR; AND AUTHORIZING STAFF AND
CCMI TO SUBMIT ALL NECESSARY LABOR COMPLIANCE PROGRAM FORMS,
APPLICATIONS AND INFORMATION TO THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS FOR THE CONCORD LANDSCAPE PROJECT,
DISTRICT PROJECT 7299.
Submitted By. Initiating Dept✓Div.:
Stephanie Gronlund, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. Penny
V-N�
J. Mi moto -Mills
K. Alm
X
in E. Farrell
General Manager
ISSUE: To ensure that contractors on grant- funded projects comply with the State's
prevailing wage laws, the California Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) requires
that each grant recipient adopt a Labor Compliance Program (LCP) and obtain approval
from the California Department of Industrial Relations (DIR) prior to awarding
construction contracts.
RECOMMENDATION: Adopt a resolution to adopt the LCP requirements of
Proposition 84, approve Contractor Compliance and Monitoring, Inc. (CCMI), as the
third party LCP administrator, and authorize staff and CCMI to submit all necessary
labor compliance program forms, applications and information to DIR for the Concord
Landscape Project, DP 7299.
FINANCIAL IMPACTS: Staff has executed a $30,000 cost reimbursement
professional consulting services agreement with CCMI for labor compliance program
services for the Concord Landscape Project, DP 7299.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to adopt the
resolution. This is not recommended as current staff does not have the expertise to
develop a DIR approved LCP within the time constraints of the project schedule. As
CCMI's LCP has been previously approved by DIR, the final approval process is
anticipated to be perfunctory and to be accomplished shortly after submission.
BACKGROUND: The District was awarded a State Proposition 84 Implementation
grant for $1,030,000 to construct the Concord Landscape Project, DP 7299. One of the
grant provisions requires that the District adopt a LCP approved by DIR prior to
awarding the construction contract. Also, during the construction phase, payroll records
WENVRSEmPosition Papers \Gronlund\2012 \4- 19 -12 \PP LCP FINAL 4- 19- 12.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: April 19, 2012
subject ADOPT A RESOLUTION ADOPTING THE LABOR COMPLIANCE
PROGRAM REQUIREMENTS OF PROPOSITION 84; APPROVING CONTRACTOR
COMPLIANCE AND MONITORING, INC. AS THE THIRD PARTY LABOR
COMPLIANCE PROGRAM ADMINISTRATOR; AND AUTHORIZING STAFF AND
CCMI TO SUBMIT ALL NECESSARY LABOR COMPLIANCE PROGRAM FORMS,
APPLICATIONS AND INFORMATION TO THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS FOR THE CONCORD LANDSCAPE PROJECT,
DISTRICT PROJECT 7299.
collection, review and enforcement of prevailing wages as prescribed in the approved
LCP is required.
In addition to the state grant, the District also received federal funds for the planning
phase of this project. The District may also receive additional federal funds that House
Representative George Miller is currently pursuing. The agreement with CCMI requires
development of a LCP that is compatible with both State and Federal funding
requirements in the event additional Federal funds are secured.
The current schedule for this project is to advertise in the fall of 2012 and start
construction in early 2013.
RECOMMENDED BOARD ACTION: Adopt a resolution to adopt the LCP requirements
of Proposition 84, approve CCMI as the third party LCP administrator, and authorize
staff and CCMI to submit all necessary LCP forms, applications and information to the
California DIR for the Concord Landscape Project, DP 7299.
WENVRSEC \Position Papers \Gronlund\2012\4- 19 -12 \PP LCP FINAL 4- 19- 12.doc Page 2 of 2
RESOLUTION NO. 2012 -027
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ADOPTING THE DISTRICT'S LABOR COMPLIANCE PROGRAM
TO IMPLEMENT LABOR COMPLIANCE PROVISIONS OF THE
PROPOSITION 84 FUNDED
CONCORD LANDSCAPE PROJECT, DISTRICT PROJECT 7299
WHEREAS, California Labor Code Section 1770, et seq., requires contractors on public
works projects pay their workers based on the prevailing wage rates which are established
and issued by the Department of Industrial Relations (DIR), Division of Labor Statistics and
Research; and
WHEREAS, California Labor Code Section 1776 requires contractors to keep accurate
payroll records of trades workers on all public works projects and to submit copies of
certified payroll records upon request; and
WHEREAS, California Labor Code Section 1777.5 requires contractors to employ
registered apprentices on public works projects; and
WHEREAS, the provisions of the California Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84)
require the establishment of a Labor Compliance Program (LCP) to monitor the prevailing
wage and apprenticeship requirements on any project using Proposition 84 funding; and
WHEREAS, Central Contra Costa Sanitary District (District) has been awarded Proposition
84 funding for the Concord Landscape Project, District Project (DP) 7299; and
WHEREAS, the provisions of Proposition 84 allow the District to contract with a third party
LCP for the purpose of implementing and meeting the labor compliance requirement; and
WHEREAS, the District has hired Contractor Compliance and Monitoring, Inc. (CCMI) of
San Mateo, California, as the third party LCP for the purpose of implementing and meeting
the labor compliance requirement of the Concord Landscape Project, DP 7299; and
WHEREAS, the District is required to adopt a LCP for submission to and approval of the
California DIR.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District as follows:
THAT the District adopts the LCP requirements of Proposition 84 for the Concord
Landscape Project, DP 7299; and
THAT the District hereby approves CCMI as the third party LCP administrator for the
purpose of implementing and meeting the labor compliance requirement for the Concord
Landscape Project, DP 7299; and
Central Contra Costa Sanitary District
Resolution No. 2012 -027
Page 2of2
THAT District staff and CCMI are authorized to submit all necessary LCP forms,
applications and information to the California DIR for the Concord Landscape Project, DP
7299.
PASSED AND ADOPTED this 19th of April of 2012, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District