HomeMy Public PortalAbout2014.185 (10-21-14)RESOLUTION NO. 2014.185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
AND ADOPTING A LABOR COMPLIANCE PROGRAM FOR PROPOSITION 84
FUNDED PROJECTS
WHEREAS, the 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, the California Labor Code (Section 1776) requires contractors to
keep accurate payroll records of trade 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 City has applied for and has been granted funds under
Proposition 84, the Safe Drinking Water, Water. Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 ( "Proposition 84 "); 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, one such grant is under the competitive Proposition 84 Statewide
Park Development and Community Revitalization Grant Program of 2008
(Proposition 84) ' and- the $4,949,957 grant is being used to construct the Lynwood
Linear Park, a new one -mile long walking trail, delineated by separate blocks for a
fitness area, children's small playground, dog park, community garden, bioswale, and
mosaic seating, located along Fernwood Avenue between Birch and Atlantic
Avenues; and
WHEREAS, another such grant under the s am e competitive Proposition 84
Statewide Park Development and Community Revitalization Grant Program of 2008
(Proposition 84) in the amount of $5,000,000 is being used for the expansion of the
Yvonne Burke -John D. Ham Park to construct an 8,680 square foot community center
with landscaping, hardscape and irrigation; and
WHEREAS, Proposition 84 requires the body awarding a contract for a
project financed in ' any part with Proposition 84 funds, to adopt and enforce or
contract with a third party to enforce, a Labor.Compliance Program ( "LCP ") pursuant
to California Labor Code; and
WHEREAS, an LCP is required, among other things, to inform contractors
about their prevailing wage obligations, - review certified payroll reports, monitor
compliance and enforce contractors' compliance with California labor and
apprenticeship laws for the public works projects; and
WHEREAS, the City intends to submit an application to the Department of
Industrial Relations for the formation and establishment of a Labor Compliance
Program for all Proposition 84 funded projects; and
WHEREAS, the provisions of Proposition 84 allow the City to utilize the services
of a third party labor compliance consulting firm to execute the services of the
City's DIR- approved Labor Compliance Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council approves and adopts the Labor Compliance
Program for all Proposition 84 funded projects, in accordance with the requirements of
Proposition 84 and authorizes staff to submit all necessary forms, applications and
information to the California Department of Industrial Relations for the approval of said
Labor Compliance Program,
Section 2. That the City Council authorizes the City Manager, and /or his or
her designee, to act as the agent of the City on all matters concerning the Labor
Compliance Program.
PASSED, APPROVED and ADOPTED this 21St day of October, 2014.
1 .
Wide Castro, Mayor
ATTEST:
APPROVED AS TO FORM:
I)J avw,"
David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
J. Arno do Bel ran, City Manager
r
Wuno aulls, Project Manger
Community Development
STATE OF,CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 21St day of October, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS, SOLACHE,
HERNANDEZ AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
,1011 r--�
ria Quinonez, City Clerk
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council
of said City, do hereby certify that the above foregoing is a full, true and correct copy of
Resolution No. 2014.185 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 21St day of October, 2014.
aria Quinonez, "i C
Application to Director for Approval of Awarding Body's Labor Compliance Program
for Proposition 84 funded projects only
(8 CCR §16425)
Awarding Body Seeking Approval:
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD, CA 90262
Awarding Body's Contact Person:
BRUNO NAULLS, SR., PROJECT MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD, CA 90262
TELEPHONE (310) 603 -0220, EXTENSION 253
bnaulls@lynwood.ca.us
A. Identify the individuals who will be enforcing the Labor Compliance Program (LCP).
(Note: If using outside consultants or an approved third party contract provider, identify the awarding body personnel
who will monitor or supervise the outside work as well as the individuals and affiliations of the individuals who will
perform the enforcement work.)
1. Elias Saikaly, City of Lynwood Engineering Manager (Awarding Body Personnel)
2. Contractor Compliance and Monitoring, Inc. (Enforcement of the City's LCP)
Experience/ training on public works /labor compliance issues (Please provide specific dates, details and
examples of public works prevailing wage rate enforcement activities, including whether such experience involve
federal, state, or local law. In addition, please include private sector experience on behalf of unions or contractors or
on a joint labor management committee pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.S.C. section 175a). Furthermore, please include participation in any public works enforcement training provided by
the Division of Labor Standards Enforcement (DLSE)):
Mr. Saikaly has been employed with the City of Lynwood, Department of Public Works for
more than twenty years. He has held the position of Engineering Manager for the past
fifteen years, overseeing more than sixty public works projects that include street
improvements, park and open space construction, building construction, and Citywide
infrastructure projects. All projects under his supervision required Federal and State
prevailing wage compliance, payroll review, apprenticeship compliance and training to
contractors and public agencies.
LCP duties and responsibilities to be performed including percentage of time to be devoted to
LCP work:
The City shall be responsible for the day to day operation of the LCP. Additionally decisions
relating to the withholding of funds, imposition, reduction or waiver of penalties shall rest
exclusively with the City. CCMI has been retained for Labor Compliance consulting work in
the administering the City of Lynwood's LCP obligations and for the purpose of complying
with LCP requirements on this project funded by Proposition 84.
Contractor Compliance and Monitoring, Inc.
635 Mariners Island Blvd, Suite 200
San Mateo, CA 94404
650 - 522 -4403 fax: 650-522-4402
Deborah Wilder, President
Yvonne Nickles Sr. Analyst; Lynda Dubas, Analyst
Experience/ training on public works /labor compliance issues (please provide specific dates, details and
examples of public works prevailing wage rate enforcement activities, including whether such experience involve
federal, state, or local law. In addition, please include private sector experience on behalf of unions or contractors or
on a joint labor management committee pursuant to the federal Labor Management Cooperation Act of,1978 (29
U.S.C. section 175a). Furthermore, please include participation in any public works enforcement training provided by
the Division of Labor Standards Enforcement (DLSE)):
Contractor Compliance and Monitoring Inc. (CCMI) was approved by the California
Department of Industrial Relations as a Third Party Labor Compliance Program in March
2003. CCMI personnel have a decade of experience in providing prevailing wage
compliance, payroll review, apprenticeship compliance and training to contractors and
public agencies. CCMI works on projects involving California prevailing wage, Federal
Prevailing Wage, ARRA funded projects as well as special local public works requirements.
CCMI has provided services to over 100 public agencies since its inception in 2002.
Deborah Wilder, CCMI's president and a licensed attorney, has been writing Labor
Compliance Programs since the early 1990s, is a published author on California and
Federal Prevailing Wages and is a nationally recognized speaker on the subject.
Yvonne Nickles has been with CCMI since its 2005 and is both the Northern California
Operations Manager and a Senior Analyst. She is well versed in all aspect of LCP
requirements. She previously worked for the City of Dublin's Public Works Department.
Lynda Dubas has spent decades in the private construction sector and is fully familiar with
prevailing wage and labor compliance requirements. She has been with CCMI since 2011.
LCP duties and responsibilities to be performed including percentage of time to be devoted to
LCP work:
CCMI will provide assistance to the Agency on all aspects of Proposition 84 LCP
requirements. CCMI has no authority to control whether or not funds are released nor the
authority to withhold funds on any project. That responsibility remains with the Agency.
CCMI will be under the direct day to day control of the Agency and its LCP Officer.
B. State the average number of public work projects the awarding body annually administers:
Approximately five, depending upon annual Capital Improvement Program budget.
C. State whether the proposed LCP is a joint or cooperative venture among awarding bodies; and, if
so, how the resources and expanded responsibilities of the LCP compare to the awarding bodies
involved:
The LCP will be administered solely by the City and will be implemented by the City ONLY
for those projects funded by Proposition 84 or other projects which allow the use of a Third
Party Labor Compliance Program. The City will use the CMU for all other State bond
funded projects when mandated by statute.
D. Describe the awarding body's record of taking cognizance of Labor Code violations in the
preceding five years, including any withholding of funds from public works contractors pursuant
to LC 1726.
The City routinely requires the collection and review of certified payrolls on its projects. The
City is small and has only five projects each year. In the past five years, the City of Lynwood
reports no Notice to Withhold or Civil Wage and Penalty Assessment by the DIR or any
prevailing wage investigation of which City staff is aware.
E. Identify the attorney or law firm available to provide legal support for the LCP, including handling
of the LCP's responsibilities during the administrative review process set forth in Labor Code
Section 1771.6.
NAME OF AGENCY's LAW FIRM- attach bio of attorney /firm showing experience in
prevailing wage matters:
Law Office of Deborah E.G. Wilder
635 Mariners Island Blvd, Suite 200
San Mateo, CA 94404
Telephone 650 -522 -4403
Facsimile: 650 -522 -4402
F. Identify the method by which the LCP will notify the Labor Commissioner of willful violations as
defined in Labor Code Section 1777.1(d):
In accordance with the current requirement to provide a Request for Forfeitures to the
Labor Commissioners when wages or penalties on a project exceed $1,000, that report also
provides a provision for recommendation of debarment of contractors who have willfully
violated the provisions of the Labor Code. The City intends to use this format for such
notification.
G. Indicate whether the Awarding Body has established its own Labor Compliance Program in
accordance with the requirements of Labor Code Section 1771.5(b) and subchapter 4 of
chapter 8 of Title 8 of California Code of Regulations or has contracted with a third party that has
been approved by the Director to operate a Labor Compliance Program in accordance with the
requirements of Labor Code Section 1771.5(b) and subchapter 4 of chapter 8 of Title 8 of
California Code of Regulations. If the Awarding Body has contracted with one or more persons
or entities to operate all or any part of the Awarding Body's Labor Compliance Program, please
identify (name, address, telephone, and principal contact) all of those persons or entities.
The City has applied for Proposition 84 bond funds, has received such funds and will be
starting construction shortly. CCMI has been retained and will continue to provide advice
and assistance throughout this project for full LCP compliance as mandated by the
provisions of the Labor Code and Proposition 84.
H. Indicate whether the Awarding Body intends to enforce labor compliance on all of its public
works projects (i.e., not limited to projects that are funded by bonds or other statutes that require
the Awarding Body to have an LCP as a condition of funding). If not, please indicate the kinds of
projects on which you intend to enforce labor compliance and whether you are required to have a
labor compliance program as a condition for obtaining funding for the project or projects.
The City intends to enforce its LCP only on those projects funded by Proposition 84.
I. Attach a copy of the Awarding Body's resolution adopting the LCP and, if applicable, any other
resolution approving any contracts with persons or entities identified in G above. (Attached)
J. Attach the proposed manual outlining the responsibilities and procedures of the LCP.
The DIR has already reviewed and approved CCMI (Contractor Compliance and Monitoring Inc.)
several times before and has reviewed its administrative manual.
J. Arnoldo Beltran, City Manager Date
Mail two copies of this form and attachments to:
OFFICE OF THE DIRECTOR
DEPARTMENT OF INDUSTRIAL RELATIONS
1515 CLAY ST., 17t' FLOOR
OAKLAND, CA 94612
ATTENTION: EXECUTIVE ASSISTANT TO THE DIRECTOR