Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Labor Compliance Program for Proposition 84 Funded Projects [County Project No. P30T1; County Project File No. E4995]
RECOMMENDATION:
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Adopt a resolution authorizing:
A) Adoption of a Labor Compliance Program for Proposition 84 Funded Projects; and
B) The Director of Public Works to:
1. File an application with the Department of Industrial Relations requesting approval of the adopted Labor Compliance Program; and
2. Implement the adopted Labor Compliance Program following approval by the Department of Industrial Relations.
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BACKGROUND:
On May 14, 2019, this Board adopted Resolution No. 076591, which authorized execution of a grant agreement with the California State Coastal Conservancy (SCC) for $3,000,000 to fund the planning, permitting, and design of visitor-serving amenities at the Tunitas Creek Beach properties; and authorized the San Mateo County Parks Department Director (Parks Director) to execute amendments to the grant agreement to modify the agreement’s terms, so long as the modified terms(s) are within the current revised fiscal provisions.
On April 19, 2022, this Board adopted Resolution No. 078841 authorizing the President of the Board of Supervisors to execute an amendment to the grant agreement with the SCC for an additional $760,000 in grant funding, for a new total not to exceed amount of $3,760,000, to allow for grant funding to be used to construct coastal public access and visitor-serving amenities at the Tunitas Creek Beach, and to extend the term of the grant agreement to December 31, 2043; and authorizing the Parks Director, or the Parks Director’s designee, to execute further amendments to the grant agreement to modify the agreement’s terms, including to accept additional grant funds, so long as the modified term(s) are within the current or revised fiscal provisions.
The funding source for the SCC grant is Proposition 84, the California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. The provisions of Proposition 84 require the agency receiving Proposition 84 funding to have in place or establish a Labor Compliance Program (LCP) to monitor compliance with the prevailing wage and apprenticeship requirements of the California Labor Code. California Labor Code Section 1770, et seq., requires contractors on public works projects to 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. These requirements are applicable to all public works projects undertaken by the County which require a Labor Compliance Program pursuant to California Labor Code Section 1771.5 and 1771.8, as well as many other statutory provisions which require the implementation of a Labor Compliance Program. California Labor Code Sections 1776 and 1777.5 require contractors to keep accurate payroll records for employees on all public works projects, submit copies of certified payroll records upon request, and employ registered apprentices on public works projects.
DISCUSSION:
The Tunitas Creek Beach Improvements Project (Project) is now entering into a phase where significant construction work will be completed by contractors. The grant agreement for the Project requires that the County have an LCP in place or contract with a third party that has been approved by the Director of the DIR to implement an LCP prior to commencement of construction.
The Department of Public Works has retained the consultant firm of 4Leaf, Inc. to provide construction management services for the Project. Contractor Compliance Monitoring, Inc. (CCMI) is a sub-consultant to 4Leaf, Inc. and is providing professional consulting services for prevailing wage and labor compliance review for the Project. CCMI’s services include the preparation of an LCP and review of construction projects for compliance with the LCP. CCMI is recognized as an expert in the field of prevailing wage compliance and was approved by Director of the DIR in February 2003 as a Third-Party LCP Administrator.
CCMI has prepared an LCP for the County, which is attached as Exhibit “A” to the
Resolution. An application requesting approval of the County’s proposed LCP will be
submitted to the DIR following this Board’s approval of the Resolution.
County Attorney has reviewed and approved the Resolution as to form.
FISCAL IMPACT:
The estimated cost for preparation of an application to the DIR, preparation of the LCP,
and LCP monitoring of construction projects to comply with the requirements of the
grant agreement is $42,100. Funds from the Parks and Marina Projects - Park Acquisition Fund (86130) have been allocated in the Capital Projects Budget for this work.
There is no impact to the General Fund.
Attachment: Exhibit “A” - Labor Compliance Program Implemented by Contractor Compliance and Monitoring, Inc. on Behalf of the County of San Mateo