Format of Meeting / House Keeping · 2020-07-14 · Format of Meeting / House Keeping •Sound...

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Transcript of Format of Meeting / House Keeping · 2020-07-14 · Format of Meeting / House Keeping •Sound...

Page 1: Format of Meeting / House Keeping · 2020-07-14 · Format of Meeting / House Keeping •Sound check with meeting participants and presenters •If you are having technical difficulties,

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Format of Meeting / House Keeping

• Sound check with meeting participants and presenters

• If you are having technical difficulties, please email [email protected]

• All questions are to be submitted in writing to Dan Bella, Project Manager, using the details on the final slide

• Questions will not be accepted from the chat box

• If the Ministry elects to respond to any such requests for clarification, it will do so by Addenda which will be posted to BC Bid

• All attendees will be muted

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Collection Notice

This Teams Meeting will be recorded and may be distributed publicly. Your

personal information, including your voice, name, and any other personal

information disclosed during this Teams Meeting, is collected by the Ministry of

Transportation & Infrastructure under section 26(c) of the Freedom of

Information and Protection of Privacy Act (British Columbia) for the purpose of

your participation in the Teams Meeting. If you have any questions about the

collection of your personal information, please contact: Senior Project

Manager, 342-447 Columbia Street, Kamloops, BC V2C 2T3, 250-828-4220. If

you do not wish your personal information to be collected, please leave the

Teams Meeting now.

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Collection Notice

This Teams Meeting will be recorded and may be distributed publicly. Your

personal information, including your voice, name, and any other personal

information disclosed during this Teams Meeting, is collected by the Ministry of

Transportation & Infrastructure under section 26(c) of the Freedom of

Information and Protection of Privacy Act (British Columbia) for the purpose of

your participation in the Teams Meeting. If you have any questions about the

collection of your personal information, please contact: Senior Project

Manager, 342-447 Columbia Street, Kamloops, BC V2C 2T3, 250-828-4220.

By remaining in this Teams Meeting, you consent to your personal information

being collected.

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Agenda

• Introductions

• General Project Overview

• First Nations Opportunities

• BCIB Presentation

• Next Steps

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Introductions and Roll Call

• Dan Bella, Senior Project Manager

• Elaine Shibata, Project Coordinator, Indigenous Relations

Ministry of Transportation and Infrastructure

• Greg Johnson, Director, Industry Relations

Indigenous Representatives

• Shane Vincenzi, Neskonlith Indian Band

British Columbia Infrastructure Benefits

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Project Location

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Drone Footage

The drone footage contained within the following link was collected May 15,

2020. This footage is for information only.

• https://youtu.be/pqCZQDwZGkY

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Indigenous Community Introductions

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First Nations Employment Opportunity

• Definitions

• Pespesellkwe are Adams Lake Indian Band, Little Shuswap Lake Indian Band, Neskonlith

Indian Band, Splatsin and Shuswap Indian Band

• Neskonlith Indian Band (NIB) will be taking the lead role coordinating the Pespesellkwe

resources

• Qualified Pespesellkwe-sourced Resources include:

• Pespesellkwe Members

• Pespesellkwe Member-owned Equipment and Operator

• Pespesellkwe Business, and

• Pespesellkwe Joint Venture

• Contact Shane Vincenzi for a list of resources at:

[email protected]

T: 250-679-3296

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First Nations Opportunity - General Overview

• Objective of the Contractor is to deliver a minimum of $1,000,000 of work

which will be delivered by Qualified Pespesellkwe-sourced Resources

• If the contractor fails to meet this objective, the Ministry will set-off

consideration from the Contractor in the amount of one time the Variance

from the objective

• If all efforts were made to meet the objective, however they were not reached

beyond the Contractor’s control, the Ministry Representative may reduce the

consideration set-off

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First Nations Opportunities Plan (the Plan)

• The Plan must include the following:

1. Appointment of Contractor Representative

2. A schedule

3. Training opportunities

4. Confirmation from NIB that claimed resources are Qualified Pespesellkwe-sourced

5. A process for recruiting Qualified Pespesellkwe-sourced resources

6. Process for updating, revising, and/or resubmitting the Plan

7. Format for monthly reporting

8. Commitment to coordinate an opportunities meeting with NIB

9. Final report to be provided to Ministry Representative prior to completion of the Project

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Submissions/Review & Acceptance

• The Plan must be submitted to the Ministry Representative within 30 days of

Award

• The Ministry, in consultation with NIB, will review the Plan and determine if it is

acceptable within 10 days of receipt

• There are no restrictions for the Contractor to work with NIB to develop the

Plan prior to submitting

• The performance of the Contractor may be reviewed at any time

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Payment

• Payment will be made from the Provisional Sum “First Nation Opportunities”

for the work incurred as specified in the Plan

• Full amount will be paid if the Target Objective is met

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First Nations Opportunity Permit

• As per the Community Benefits Agreement:

• 9.505 First Nations contractors or employees working subject to, or as a result of, an

agreement with the Province will be guaranteed a permit by the Union

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Building BC’s Skilled Worker Legacy

Highway 1 – Salmon Arm West 1st Avenue SW to 10th Avenue SW

June 18, 2020

July 9, 2020

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Introduction

This presentation provides a general overview of British Columbia Infrastructure Benefits’ (BCIB) role in major public infrastructure projects including application of the Community Benefits Agreement (CBA). The specifics of any particular project may differ slightly.

Bidders and subcontractors should review the particular project documentation including the tender package, BCIB Contractor and Subcontractor Agreements and current CBA.

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Growing and Diversifying the Workforce

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Strategic priorities

1. Partner in the successful delivery of public infrastructure projects

and implement the Community Benefits Agreement

2. Mobilize and grow a safe, diverse and skilled workforce

3. Honour the diversity and strength of community

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Our approach

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Network of Projects + Regional

Outreach

WorkforcePathways

The CrewExperience

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BCIB and the CBA on the Jobsite

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BCIB orientation and training• Gender and equity training

• Respectful workplace (bullying and harassment) training

• Indigenous Cultural Competency training

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Training hours

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All employees:

All supervisors:

Training type Length and timing Responsibility

- Foundational safety training (RSTS)

- 6-8 hours before start of work- BCIB provides the licence- Requirement prior to employment

- Onboarding and Orientation (day 1 prior to working) - 10-12 hours on the job

- BCIB works with contractors to schedule the training

- Contractor pays employee hours- Be More than a Bystander

- Indigenous Cultural Competency Training

- Supervising for Safety- 2 days - Before the start of work

- Contractor pays employee hours

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Priority hiring• Groups hired first among equally-qualified candidates:

• Indigenous workers

• Women

• Persons with disabilities

• Locals

• Other under-represented groups

• Priority hiring applies to Name Requests and BCIB/AIRCC Dispatch

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Locals receive Priority Hiring

• The CBA considers local communities to be within a 100km radius of the worksite.

Project Worksite

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Apprentice and trainee targets

• BCIB establishes apprenticeship and training targets for each project under the CBA.

• Contractors are required to submit employee requests with the appropriate allocation for trainees and apprentices.

• Targets are primarily based on trade sections within the CBA, but set by BCIB on a project-by-project basis.

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BCIB-Contractor Agreement (BCA)BCIB-Subcontractor Agreement (BSA)• The BCA is between BCIB and the Major Works Prime Contractor

• The BSA is between BCIB and all other applicable subcontractor on the project.

• The BCA and BSA set out roles, responsibilities and related mutual obligations between the parties, regarding workforce provision and the management of the project.

• The agreement is required to receive BCIB employees

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Province of BC

Prime Contractor

Subcontractor(s)

Sub-subcontractor(s)

BCIB

Major Works Contract

BCIB-Subcontractor Agreement(s) (BSA)

BCIB-Contractor Agreement (BCA)

Contractual relationships

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Operational responsibilities for the workforce

Prime Contractor / Subcontractor BCIB

Working with the contractor on-site, sourcing, hiring and onboarding employees

Day-to day direction supervision of workers and the performance of the work

On-site presence, employer HR functions, including

final discipline and termination decisions

Prepare, approve and submit timesheets to BCIB, pay invoice to BCIB

Manage and process payroll

Workplace safety – Prime contractor, responsible per s.24 WCAAlso responsible as an employer per s.21 WCAEach contractor/sub responsible for WCB claims management and experience rating

Duties of an employer per s.21 WCA

Basic safety training, supervisory training, safety

system assessments

Provide workforce requirements and employee request

Sourcing qualified workforce

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Occupational health and safetySafety is BCIB’s top priority and it is a shared responsibility.

Both BCIB and the Contractor have OHS Employer duties and responsibilities, per the Workers Compensation Act.

BCIB requires all employees complete foundational safety training

BCIB will conduct Safety System Assessments on the jobsite and share the findings with the Contractor and the Owner

WorkSafeBC claims administration is a contractor responsibility

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WorkSafe BC claims management

• Claims affect Contractor/Subcontractor’s experience rating for the purpose of WorkSafeBC assessment.

• Contractors submit Workers Compensation Board claims and collaborate with BCIB to manage return to work (RTW).

• Contractors report to WorkSafeBC project-related workforce cost, invoiced for by BCIB, together with your own payroll and remit their assessment directly.

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COVID-19

• Both BCIB and the Contractor are currently required to have a COVID-19 Exposure Control Plan.

• BCIB will incorporate COVID-19 as part of its safety system assessments to ensure the plan is being implemented and our employees are carrying out their duties in a safe environment.

• The CBA states that contractors are responsible for supplying personal protective equipment (PPE) to CBA employees.

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How Hiring Works

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Workforce supply stagesPost Contract Award

Enter into BCA / BSA

Six month forecast•Submitted once

•Due 5 days after signing of BCA / BSCA

Three month forecast• Submitted monthly

• Due 5 days after signing of BCA / BSCA

Pre-job conference

Construction

Workforce Request from Contractor

Workforce Supply by BCIB

BCIB Payroll and Payment by Contractor

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BCIB Pre Contract Activities

Community engagement

Recruitment

Development of a workforce estimate

Procurement Kickoff, 2 sessions

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Monthly requirement:

3 month rolling view of labour

requirement

Confirm labour requirement:30 days prior

BCIB confirms labour supply

30-21 days prior

BCIB provides workers to contractor

/ subcontractors

Workforce supply stages

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Workforce sourcing

Project workforce

Contractor’s workforce

AIRCC unions

BCIB recruiting

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Hiring and dispatchCommon terms:

1) Employee: A member of the project workforce, hired and employed by BCIB. Must apply to join the applicable affiliated union within 30 days.

2) Supervisor: Craft worker up to non-working foreperson who has supervisory duties. Not your project management staff.

3) Name Hire: Contractor’s choice.

4) Name Request: Someone the contractor requests who is a member of an AIRCC union.

5) Dispatch: A worker from BCIB and/or the AIRCC’s database.

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Definition of Employee – Article 2.309

CBA Article 2.309 defines BCIB employees. Does NOT include:

• Security, fire prevention, health and safety, and investigative roles

• Professional Engineering, Geological and Architectural staff doing occasional non-repetitive testing

• Professional Engineers and Engineers-in-training, employed in a professional capacity

• Instructors and consultants doing needs analysis

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Union membership

• BCIB’s worksites are unionized

• BCIB employees are required to join one of the 19 AIRCC unions within 30 days

• “No raid clause” in Article 5 of the CBA

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Permitting – Article 8.400Permits are available for:

• Emergency or temporary works• Short term works (e.g. mobilization, de-mobilization)• Deliveries to site• Specialized work or qualifications AIRCC unions unable to fulfill

Permitted contractors need to pay workers CBA rates

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Permitting - Article 9.505

• Indigenous contractors or Indigenous persons working subject to an agreement with the Government will be guaranteed a permit under Article 8.400.

• Council Fee provision does not apply to Indigenous contractors with an agreement with the Government

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Common questions

“Is my small team subject to the CBA?”

“Are technical personnel like Quality Managers or Environmental Monitors subject to the CBA?”

• Article 2.309 – Definition of BCIB employees

• Article 8.400 – Permits

• Article 8.604 – Local subcontractors

• Article 9.505 – Indigenous contractors or workers

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Hiring and dispatch

The hiring process varies for workforce size, the cost of labour, and number of trades.

1. Name Hire all supervisors up to and including non-working forepersons

2. Name Hire 2-4 Employees based number of Employees and number of trades

3. Repeating hiring process for all other Employees:a. Dispatchb. Name Requestc. Name Hire

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Example: CBA 8.601 (A) 10 employees, single tradeName hire all supervisors up to and including non-working forepersons10 employees left to hire:

Name hire any four (4) employees (Employees 1 through 4)

6 remaining employees following repeating process:

Dispatch Name Request Name Hire

Employee 1

Employee 2

Employee 3

Employee 4

Employee 5 Employee 6 Employee 7

Employee 8 Employee 9 Employee 10

Total workforce composition: • 6 Name Hires• 2 Name Requests• 2 Dispatch

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Example: CBA 8.601 (A) 21 employees, single tradeName hire all supervisors up to and including non-working forepersons

21 employees left to hire:Name hire any four (4) employees (Employees 1 through 4)

17 remaining employees following repeating process:

Total workforce composition: • 9 Name Hires by

contractor• 6 Name Requests by

contractor• 6 Dispatch

Dispatch Name Request Name Hire

Employee 1

Employee 2

Employee 3

Employee 4 Employee 5 Employee 6

Employee 7 Employee 8 Employee 9

Employee 10 Employee 11 Employee 12

Employee 13 Employee 14 Employee 15

Employee 16 Employee 17 Employee 18

Employee 19 Employee 20 Employee 21

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Dispatch Name Request Name Hire

Employee 1

Employee 2

Employee 3

Employee 4

Employee 5 Employee 6 Employee 7

Employee 8 Employee 9 Employee 10

Employee 11 Employee 12 Employee 13

Employee 14 Employee 15 Employee 16

Employee 17 Employee 18 Employee 19

Employee 20 Employee 21

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Example: CBA 8.602 (A) 21 employees, multiple tradesName hire all supervisors up to and including non-working forepersons

21 employees left to hire:Name hire any three (3) employees (Employees 1 through 3)

17 remaining employees following repeating process:

Dispatch Name Request Name Hire

Employee 1

Employee 2

Employee 3

Employee 4 Employee 5 Employee 6

Employee 7 Employee 8 Employee 9

Employee 10 Employee 11 Employee 12

Employee 13 Employee 14 Employee 15

Employee 16 Employee 17 Employee 18

Employee 19 Employee 20 Employee 21

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Total workforce composition: • 9 Name Hires by

contractor• 6 Name Requests by

contractor• 6 Dispatch

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Rehire privileges• Employees laid off within the last year receive hiring priority

• Rehires do not take place of a contractor’s Name Hires

• Once the contractor has rehired last year’s crew, BCIB rehires employees and applies priority hiring

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Composite crews

• The foreperson of the composite crew will be assigned by the Contractor.

• The contractor can propose other composite crew/work team arrangements.

• Short term work includes:• Work in another jurisdiction for 2 hours or less per day and;

• Two days or less when layoff of one trade and hiring of another is impractical and/or unreasonable.

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GrievancesGrievance Process

Stages Action Participants Timeline

Stage 1• Employee tries to settle grievance by discussion

with their Foreperson

Employee / Steward and

Foreperson / Superintendent

Up to 5

business days

Stage 2• Written grievance issued• BCIB convenes meeting with AIRCC and Contractor

BCIB / Contractor and Council / Steward / Appropriate

Affiliate

Up to 10

business days

Stage 3

• Written notice of desire to submit an unsettled grievance to arbitration issues

• Mutually agreeable arbitrator, or arbitration board, selected within 10 days

• The decision of the arbitrator is final and binding

Arbitration

Selected within

10 business

days

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Payroll and financial

BCIB manages all payroll

Contractor responsible for preparing and approving electronic timesheets, and uploading to BCIB

Pay period is every 2 weeks

Wages are listed in CBA Interior Roadbuilding Schedule

BCIB issues a payroll invoice to contractors and subcontractors

Payment is due within 5 business days of invoice

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Employee invoice breakdown

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CBA employee costs

Cost Description

Employee earnings Wages as per the CBA (regular earnings & overtime)

Other earnings Travel expenses, Living Out Allowances and premiums

Vacation pay 8% or 10% of earnings, as per the CBA

Benefits Pension, Health & Welfare, other

Employer taxes CPP, EI, EHT (Employer Heath Tax: 1.95%)

CBA funds Per section 13.200 of the CBA

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Key takeaways

• BCIB is committed to grow and diversify the workforce

• Monthly requirement for a 3 month rolling forecast

• Safety is everybody’s priority and responsibility

• Read and know Article 8.600 – Hiring Process

• Read and know Article 8.400 and 9.505 – Permitting

• Read and know Article 2.309 – Definition of Employee

• Include Article 13.200 – Funds when calculating wages

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We look forward to working with you

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Next Steps

• Contractors to submit questions

• MOTI may elect to provide responses via Addendum

• 2nd Bidder meeting scheduled for July 9th (Teams format)

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Questions?

Questions are to be submitted no less than 7 days before

the Closing Date to Dan Bella at:

Fax: (604) 420-4743

E-mail: [email protected]

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