Sacramento City Council
February 21, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00001 2/21/2023 Consent Item 3.

Budgetary Adjustments and Report Back: Department of Public Works Emergency Contract - Marconi Avenue Overcrossing Railing Repair Project (R15222200) File ID: 2023-00001
Location: District 2
Recommendation: Adopt a Resolution: 1) authorizing the City Manager or City Manager’s designee to transfer $639,000 (Gas Tax- Fund 2002) from the available fund balance within the Gas Tax Fund to the expenditure budget of the Bridge Maintenance Program (R15222200) to support the Marconi Avenue Overcrossing Railing Repair Project .

Contact: Josh Werner, Assistant Civil Engineer, (916) 808-8158, [email protected]; Judith Matsui-Drury, Supervising Engineer, (916) 808-7610, [email protected]; Ofelia Avalos Engineering Services Manager, (916) 808-5054, [email protected], Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-RNR Construction Contract
Additional Description/Analysis
Issue Detail: This report provides information to the City Council about an emergency contract issued by the Department of Public Works pursuant to City Code section 3.60.070. The emergency contract was necessitated by a collision with the Marconi Ave. bridge over Business-80 by a semi- truck. The semi-truck left the scene. Section 3.60.070 provides authority for the City Manager to enter into emergency contracts without competitive bidding and in excess of $250,000. In the event that the City Manager enters into an emergency contract, under section 3.60.070 the City Manager is to present a report to Council at the next available Council meeting.

Policy Considerations: This action is consistent with Sacramento City Code Chapter 3.60.070, and

File ID: 2023-00001 2/21/2023 Consent Item 3.
the City Auditor’s recommendation (contained in the internal audit report on the bidding and contract process examination of the Department of General Services dated April 25, 2006) to notify City Council of any emergency contracts.

Economic Impacts: This new infrastructure is expected to create 2.56 total jobs (1.47 direct jobs and 1.09 jobs through indirect and induced actives) and create $394,541 in total economic output ($248,682 of direct output and another $145,859 of output through indirect and induced activities.

Environmental Considerations:

California Environmental Quality Act (CEQA): The Manager of Environmental Planning Services has determined that the repair of the damaged portion of the railing is exempt from CEQA review. The work consists of the repair and maintenance of an existing public facility involving no expansion of the existing or prior use, and is covered by the categorical exemption for existing facilities in CEQA Guidelines section 15301. None of the exceptions set forth in CEQA Guidelines 15300.2 is present.

Sustainability: Not applicable.

Commission/Committee Action: None.

Rationale for Recommendation: Immediate bridge railing repairs to Marconi Bridge were needed to ensure public safety. An emergency contract was necessary to expedite the repairs. RNR Construction is an LBE and was selected based on its work on a similar City of Sacramento projects and being able to perform the work in the required timeframe.

Date Approved Contract No. Contractor Project
Description
Contract Total
1/18/2023 C2023-0075 RNR Construction 2022 Bridge
Maintenance
Program Marconi
Avenue Bridge
Emergency
Contract
$488,500
The Engineer’s estimate was $415,500.

Financial Considerations: The estimated total cost to complete both design and construction activities for the Marconi Avenue Overcrossing Railing Repair Project is approximately $639,000.

File ID: 2023-00001 2/21/2023 Consent Item 3.

With the approval of the transfer of $639,000 (Gas Tax- Fund 2002) from the available fund balance within the Gas Tax Fund to the expenditure budget of the Bridge Maintenance Program (R15222200, there will be sufficient funding to award the construction contract to RNR Construction for an amount not to exceed $488,500 and cover the remaining construction management and all other project related costs for the Marconi Avenue Overcrossing Railing Repair Project.

The City of Sacramento is working to identify the vehicle involved in the hit-and-run incident that damaged the bridge railing and will pursue reimbursement for project costs.

Local Business Enterprise (LBE): RNR Construction is an LBE.

RESOLUTION NO.

Adopted by the Sacramento City Council

Budgetary Adjustments and Report Back: Department of Public Works Emergency Contract – Marconi Avenue Overcrossing Railing Repair (R15222200)

BACKGROUND

A. The project consists of removing damaged railing and replacing it in kind with new railing on the north side of Marconi Avenue overcrossing bridge over Business 80. The railing was damaged by a hit and run vehicular accident.

B. The Damage to the railing was severe enough that public safety was at risk.

C. According to City Code 3.60.070, the City Manager is authorized to negotiate a contract for public projects without advertising for bids when public interest and necessity demand immediate action, repair or replacement to safeguard life, health, or property, to permit the continued conduct of city operations or services, or to mitigate further damage.

D. On April 25, 2006, the City Auditor recommended in the internal audit report on the bidding and contract process examination of the Department of General Services that the department report emergency contracts to City Council, as required by Sacramento City Code Chapter 3.60. It is the intention of the Department of Public Works to comply with that recommendation by reporting to City Council on emergency contracts issued under City Manager authority as soon as possible.

E. This report covers an emergency contract let by the Department of Public Works under City Manager authority on January 18, 2023.

F. A budget transfer is needed to fully fund the Marconi Avenue Overcrossing Railing Repair Project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Manager or the City Manager’s designee is authorized to transfer $639,000 (Gas Tax- Fund 2002) from the available fund balance within the Gas Tax Fund to the expenditure budget of the Bridge Maintenance Program (R15222200) to support the Marconi Avenue Overcrossing Railing Repair Project.

Engineering Services Division 915 I Street, RM 2000 Sacramento, CA 95814 Phone: 916-808-8300 Fax: 916-808-8281 CONTRACT SPECIFICATIONS For Bid # DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 1 NEW PUBLIC WORKS CONTRACTOR REGISTRATION LAW [SB 854]FACT SHEETSB 854, a budget trailer bill that was signed into law on June 20, 2014, and became effective immediately, made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The fees collected through this new program will be used to fund all of DIR’s public works activities, including compliance monitoring and enforcement, the determination of prevailing wage rates, public works coverage determinations, and hearing enforcement appeals. Essentials of public works contractor registration program: Contractors will be subject to a registration and annual renewal fee that has beenset initially at $00. The fee is non-refundable and applies to all contractors andsubcontractors who intend to bid or perform work on public works projects (asdefined under the Labor Code).Contractors will apply and pay the fee online and must meet minimumqualifications to be registered as eligible to bid and work on public worksprojects:oMust have workers’ compensation coverage for any employees and onlyuse subcontractors who are registered public works contractors.oMust have Contractors State License Board license if applicable to trade.oMust have no delinquent unpaid wage or penalty assessments owed toany employee or enforcement agency.oMust not be under federal or state debarment.oMust not be in prior violation of this registration requirement once itbecomes effective. However, for the first violation in a 12 month period, acontractor may still qualify for registration by paying an additional penalty.The registration fee is not related to any project. It is more like a license thatenables the registrant to bid on and perform public works.

DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 2 DIR will post a list of registered contractors and subcontractors on its website sothat awarding bodies and contractors will be able to comply with requirements toonly use registered contractors and subcontractors.Various protections are built in so thatoA contractor won’t be in violation for working on a private job that is laterdetermined to be public work;oThe inadvertent listing of an unregistered subcontractor on a bid won’tnecessarily invalidate that bid;oA contract with an unregistered contractor or subcontractor is subject tocancellation but is not void as to past work;oAn unregistered contractor or subcontractor can be replaced with one whois registered;oA contractor whose registration lapses will have a 90 day grace periodwithin which to pay a late fee and renew.Registrations will begin after July 1, 2014, once the registration system is readyto go online. The preferred method of payment will be by credit card.The requirement to list only registered contractors and subcontractors on bidsbecomes effective on March 1, 2015. The requirement to only use registeredcontractors and subcontractors on public works projects applies to all projectsawarded on or after April 1, 2015.Essentials of Public Works Enforcement Fund:All contractor registration fees will go into the State Public Works Enforcement Fund and be used to fund the following items --administration of contractor registration requirementall DIR costs for administering and enforcing public works lawsLabor Commissioner’s enforcement of other Labor Code violations on monitoredpublic works projects.DIR will no longer charge awarding bodies for prevailing wage compliance monitoring and enforcement by the CMU. (Note: DIR will continue to bill and collect fees from awarding agencies for CMU services provided through June 20, 2014.) DIR Public Works Funding Legislation – SB 854 June 30, 2014 FACT SHEET – page 3 Related changes in DIR’s administration and enforcement of public works requirements:Requirements to use CMU or specified alternative (labor compliance program or project labor agreement) for state bond-funded and other specified projects have been eliminated and replaced by requirements that apply to all public works projects (as defined under the Labor Code).Awarding bodies are nowrequired to submit PWC-100 (contract award notice) for all public works projects. (This requirement previously applied to about 90% of all projects.)Contractors and subcontractors on allpublic works projects will be required to submit certified payroll records (CPRs) to the Labor Commissioner unless excused from this requirement.OThis requirement will be phased in as follows:Applies immediately to public works projects that have already been under CMU monitoring,i.e. contractors on ongoing projects that have been submitting CPRs to the CMU will continue doing soWill apply to any new projects awarded on or after April 1, 2015May apply to other projects as determined by Labor CommissionerWill apply to all public works projects, new or ongoing, on and after January 1, 2016OThe Labor Commissioner may make exception to this requirement for Projects covered by qualifying project labor agreementProjects undertaken by one of four remaining awarding bodies with legacy LCPs (Caltrans, City of Los Angeles, County of Sacramento, and Los Angeles Unified School District), so long as those LCPsremain approved by DIROCPRs will be furnished online (as is done currently for CMU). DIR intends to continue making improvements to this process, including creating a means for general contractors to have online access to the CPRs submitted by their subcontractors.Requirements for awarding bodies to adopt and enforce a DIR-approved LCP arenow limited to: (1) public works projects awarded prior to January 1, 2012 that were under a preexisting LCP requirement; and (2) projects funded in whole or in part by Proposition 84.

BID PROPOSAL FORMS PLEASE REMOVE AND COMPLETE THE FOLLOWING DOCUMENTS AND SUBMIT AS THE BID PROPOSAL PACKAGE CITY OF SACRAMENTO Bid Proposal Department of Public Works Page 1 of 3 Engineering Services Division TO THE HONORABLE CITY COUNCIL SACRAMENTO, CALIFORNIA: In compliance with the Contract Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for: 2022 MARCONI AVE OC RAILING MAINTENANCE REPAIR (R15222204) in the City and County of Sacramento, California. The Work is to be done in strict conformity with the Contract Documents now on file in the Office of the City Clerk, for the following sum: Item No. ItemEstimated Quantity Unit Unit Price Total 1.PROVIDE ENGINEERED PLANS (BRIDGERAILING)1 LS $ $ 2. CHANGEABLE MESSAGE SIGN 6 EACH $ $ 3. TRAFFIC CONTROL SYSTEM 1 LS $ $ 4. RECONSTRUCT CHAIN LINK RAILING 120 LF $ $ 5. BRIDGE REMOVAL (PORTION) 1 LS $ $ 6. RECONSTRUCT METAL RAILING (BRIDGE) 120 LF $ $ 7. STRUCTURAL CONCRETE (BRIDGE) 5 CY $ $ 8. DRILL AND BOND DOWEL 50 LF $ $ 9. COMMUNICATIONS CONDUIT (BRIDGE) 150 LF $ $ CONTRACTOR NAME: TOTAL $__________________ It is understood that this Bid Proposal is based upon completion of the Work within a period of SIXTY (60) WORKING DAYS, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor is hereby notified and reminded that per City Contract requirements, the City will issue a Notice to Proceed within 15 calendar days of execution of contract by City. Contact work days will start immediately on the date of the Notice to Proceed. Attached is a sample of a Notice to Proceed.

CITY OF SACRAMENTO Bid Proposal Department of Public Works Page 2 of 3 Engineering Services Division Work under these Special Provisions shall be performed by qualified personnel experienced in work described herein. The Contractor and/or its subcontractor shall possess current and active licenses issued by the California Contractors State License Board for Class A – General Engineering Contractor at the time of the bid submittal and throughout the construction period. Any cited violations or pending violation investigations by the California Contractors State Licensing Board within three years prior to the date of the bid submittal shall be fully disclosed in the bid. Class A License Number: Name and Address of Licensee: Issue Date: Expiration Date: License Status: In determining the amount bid by each bidder, the City may disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures. The City Council may reject any and all bids and waive any informalities or minor irregularities in the bids. When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain only total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the Engineer's estimate of the estimated quantities of work to be performed as items of work. If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal shall be disregarded. The undersigned has examined the location of the proposed Work, the local conditions at the place where the Work is to be done, is familiar with the Contract Documents and is familiar and expressly agrees to the liquidated damages provision of the Contract Documents. The undersigned has checked carefully all of the foregoing figures and understands that the City of Sacramento will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid Proposal. Enclosed is a Bid Proposal Guarantee, as required, consisting of a bidder's bond or other acceptable security for not less than ten percent (10%) of the amount Bid Proposal. The undersigned agrees that all addenda received and acknowledged herein shall become a part of and be included in this Bid Proposal. This Bid Proposal includes the following addenda: Add. # DATE Add. # DATE Add. # DATE CITY OF SACRAMENTO Bid ProposalDepartment of Public Works Page 3 of 3 Engineering Services DivisionNOTE: State whether your company is a corporation, a co-partnership, private individual, or individuals doing business under a firm name.If the Bidder is a corporation, the Bid Proposal must be executed in the name of the corporation and must be signed by a duly authorized officer of the corporation.If the Bidder is a partnership, the Bid Proposal must be executed in the name of the partnership and one of the partners must subscribe their signature thereto as the authorized representative of the partnership.AMOUNT OF BID PROPOSAL GUARANTEE ENCLOSED:($______________________) not less than ten percent (10%) of amount Bid Proposal____________________ CERTIFIED CHECK CONTRACTOR:____________________ CASHIER'S CHECK____________________ BID BOND By____________________ MONEY ORDER (Signature)____________________ OTHER SECURITY(Print or Type)TitleFOR CITY USE ONLYAddressTelephone No. Fax No. email address _______________________________DateContractor's License No. TypeExpiration Date Tax I.D. Nos.- Fed. StateCity of Sacramento Business Operation Tax Certificate No.(City will not award contract if Certificate Number is missing.)

TITLE VI
Title VI LanguageAPPENDIX ADuring the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: (1)Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.(2)Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3)Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.(4)Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the (Name of Appropriate Administration) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Recipient), or the (Name of Appropriate Administration) as appropriate, and shall set forth what efforts it has made to obtain the information.(5)Sanctions for Noncompliance:In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate, including, but not limited to:(a)withholding of payments to the contractor under the contract until the contractor complies, and/or (b)cancellation, termination or suspension of the contract, in whole or in part. (6)Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the (Recipient) or the (Name of Appropriate Administration) may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Recipient) to enter into such litigation to protect the interests of the (Recipient), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

FOLLOWING FORMS TO BE FILLED OUT AND SIGNED ONLY IF AWARDED CONTRACT

SPECIAL PROVISIONS
TABLE OF CONTENTS2022 MARCONI AVE OC RAILING MAINTENANCE REPAIR (PN: R15222204) 1. GENERAL REQUIREMENTS.................................................................................. 31.1 SCOPE AND LOCATION OF WORK ........................................................................................ 31.2 SPECIFICATIONS ....................................................................................................................... 31.3 PROVIDING BONDS AND SURETY ........................................................................................ 31.4 ORDER OF WORK ...................................................................................................................... 31.5 COMPLETION TIME .................................................................................................................. 31.6 PRE-BID INTERPRETATION OF CONTRACT DOCUMENTS .............................................. 41.7 NO TRUCK HAUL ROUTE ON 28TH STREET SOUTH OF E STREET ................................ 41.8 CERTIFICATE OF COMPLIANCE ............................................................................................ 5 1.9 EQUIPMENT TO BE SUPPLIED ............................................................................................... 5 1.10 HANDLING AND REMOVAL OF HAZARDOUS OR CONTAMINATED MATERIALS .... 5 1.11 FINAL PAY QUANTITY ............................................................................................................ 6 1.12 COORDINATION ........................................................................................................................ 6 1.13 PROJECT SCHEDULING ........................................................................................................... 7 1.14 PROTECTION OF EXISTING IMPROVEMENTS .................................................................... 7 1.15 TRAFFIC HANDLING, PUBLIC SAFETY AND CONVENIENCE ......................................... 8 1.16 TEMPORARY PAVEMENT MARKERS ................................................................................. 10 1.17 PUBLIC NOTIFICATION ......................................................................................................... 11 1.18 EQUIPMENT LIST AND DRAWINGS SUBMITTALS .......................................................... 11 1.19 PROOF OF COMPLIANCE WITH CONTRACT ..................................................................... 12 1.20 BACKFILLING OF VOIDS ....................................................................................................... 12 1.21 HEALTH AND SAFETY ........................................................................................................... 12 1.22 STORAGE OF MATERIALS AND EQUIPMENT ................................................................... 13 1.23 PERMITS AND STAGING AREA ............................................................................................ 13 1.24 EROSION AND SEDIMENT CONTROL ................................................................................. 14 1.25 ENCROACMENT PERMIT....................................................................................................... 14

2. ITEMS OF THE PROPOSAL................................................................................. 15ITEM NO. 1 - PROVIDE ENGINEERED PLANS (BRIDGE RAILING) ........................................... 15 ITEM NO. 2 - CHANGEABLE MESSAGE SIGN ............................................................................... 16 ITEM NO. 3 - TRAFFIC CONTROL SYSTEM ................................................................................... 16 ITEM NO. 4 - RECONSTRUCT CHAIN LINK RAILING .................................................................. 16 ITEM NO. 5 - BRIDGE REMOVAL (PORTION) ................................................................................ 16 ITEM NO. 6 - RECONSTRUCT METAL RAILING (BRIDGE) ......................................................... 16 ITEM NO. 7 - STRUCTURAL CONCRETE (BRIDGE) ...................................................................... 16 ITEM NO. 8 - DRILL AND BOND DOWEL ....................................................................................... 16 ITEM NO. 9 - COMMUNICATION CONDUIT (BRIDGE) ................................................................ 16 SPECIAL PROVISIONSFOR 2022 MARCONI AVE OC RAILING MAINTENANCE REPAIR (PN: R15222204) 1. GENERAL REQUIREMENTS1.1 SCOPE AND LOCATION OF WORK The following items of work are to be performed in these Special Provisions: The work to be performed under these Special Provisions consists, in general, of the replacement of bridge railing, in kind, on the Marconi Avenue Bridge over Business 80. These improvements include the design, fabrication, and installation to replace the damaged bridge railing. 1.2 SPECIFICATIONSThe work to be performed under this contract shall be in accordance with the Special Provisions contained herein. In these Special Provisions, reference is made to the City Standard Specifications of the City of Sacramento, adopted November 2020, referred to herein as "Standard Specifications" and any amendments. Reference is also made to the California Department of Transportation Department of Transportation Standard Specifications referred to herein as “State Standard Specifications” and any amendments. The General Requirements of this contract shall be governed by these Special Provisions first, followed by Section 1 through Section 8 of the Standard Specifications. Other standards or specifications specified in these Special Provisions govern only the applicable technical specifications unless otherwise specified in these Special Provisions. 1.3 PROVIDING BONDS AND SURETY The Contractor shall provide signed agreement and surety bonds within ten (10) calendar days after receipt of notice to award by the City and prior to award by the City Council. 1.4 ORDER OF WORKOrder of work shall conform to the provisions in Section 5-1.05, “Order of Work,” of the State Standard Specifications and these special provisions. 1.5 COMPLETION TIME The time limit for the completion of all items of work is Sixty (60) working days, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor shall pay a sum in the amount of ONE THOUSAND NINE HUNDRED ($1,900) as liquidated damages, and not as a penalty, for each calendar day delay after the expiration of Sixty (60) working days.

The Engineer will furnish the Contractor a weekly statement showing the number of working days charged to the contract for the preceding week and the number of working days charged to date. The Contractor will be allowed fifteen (15) calendar days in which to file a written protest setting forth in what respect the Contractor disagrees with the working day statement, otherwise the working day statement of the Engineer shall be deemed to have been accepted by the Contractor as correct. The Engineer may suspend working days for plan review and permit acquisition periods with the City of Sacramento and California Department of Transportation. 1.6 PRE-BID INTERPRETATION OF CONTRACT DOCUMENTSNo oral representations or interpretation will be made to any bidder as to the meaning of the contract documents. Requests for interpretation shall be made in writing and delivered to the City at least seven (7) calendar days before the time announced for opening the proposals. Interpretation, where necessary, will be made by the City in the form of an addendum to the contract documents and, when issued, will be sent as promptly as is practicable to all parties to whom the bid documents have been issued. All such addenda shall become part of the contract. Requests for information regarding this procedure or other similar information, shall be directed to Josh Werner of the Department of Transportation, Engineering Services Division, 915 I Street, Room 2000, Sacramento, CA 95814, (916) 808-8158, FAX (916) 808-7903 or [email protected]. It shall also be the bidder's responsibility to call to the attention of the Engineer any missing pages or drawings in the contract documents including the addenda. These items shall be brought to the attention of the Engineer immediately but at least two (2) weeks prior to the bid opening date. 1.7 NO TRUCK HAUL ROUTE ON 28TH STREET SOUTH OF E STREETThe Contractor and its subcontractors must not use 28th Street south of E Street as part of any haul route to and from the Bell Marine Co., Inc./ Harbor Sand and Gravel located at 200 28th Street. Acceptable routes to and from the facility are as follows: To enter facility: North on 30th Street West on E Street North on 28th Street To exit facility: South on 28th Street East on C Street South on 29th Street The Contractor shall be assessed an administrative penalty of $500 for each Contractor or subcontractor dump truck that uses 28th Street South of E Street to enter or exit the Bell Marine Co., Inc/Harbor Sand and Gravel. 1.8 CERTIFICATE OF COMPLIANCEThe Contractor shall provide the Engineer with a manufacturer's "Certificate of Compliance" at the Engineer's request within two weeks. The Certificate of Compliance shall clearly show that the material, equipment and/or work is in compliance with the tests and specifications set forth in these contract documents. 1.9 EQUIPMENT TO BE SUPPLIED All equipment, material and supplies called for in the specifications shall be new and currently manufactured items, unless otherwise specified. All equipment shall be complete and in operation to the satisfaction of the Engineer at the time of acceptance of the work. All incidental parts which are not shown on the Plans or specified herein and which are necessary to complete the project shall be furnished and installed as though such parts were shown on the Plans or specified herein. All equipment, materials, or supplies to be considered as an approved equal must be submitted to the City contact listed in PREBID INTERPRETATION OF CONTRACT DOCUMENTS, for approval no less than ten (10) calendar days prior to the bid opening date. If the City finds said equipment, materials, or supplies to be acceptable, an addendum will be issued notifying all bidders by the close of business on Friday before the bid opening date. If there is no addendum accepting an approved equal, bidders shall submit bids based on the original specified equipment, materials, or supplies. 1.10 HANDLING AND REMOVAL OF HAZARDOUS OR CONTAMINATED MATERIALS In the event hazardous or contaminated materials are encountered at the site for which separate handling or removal provisions have not been made in these Special Provisions, the Contractor shall stop work on that item, contact the Engineer and schedule his operations to work elsewhere on the site if possible. The City will be responsible for handling and removal of hazardous material or may request that the Contractor shall be available, through contract change order, to provide additional services as needed for the completion of the work. Additional services may consist of retaining a subcontractor who possesses a California license for hazardous substance removal and remedial actions. Hazardous or contaminated materials may only be removed and disposed of from the project site in accordance with the following provisions: 1. All work is to be completed in accordance with the following regulations and requirements:
a. Chapter 6.5, Division 20, California Health and Safety Code. b. California Administration Code, Title 22, relating to Handling, Storage, and Treatment of Hazardous Materials. 29 Code of Federal Regulation 1910.120 relating to Hazardous Waste Operation Safety Training.c. City of Sacramento Building Code and the current edition of the Uniform Building Code. 2. Coordination shall be made with the County of Sacramento Environmental Management Department, Hazardous Materials Division, and the necessary applications shall be filed. 3. All hazardous materials shall be disposed of at an approved disposal site and shall only be hauled by a current California registered hazardous waste hauler using correct manifesting procedures and vehicles displaying a current Certificate of Compliance. The Contractor shall identify by name and address the site where toxic substances shall be disposed of. NO payment for removal and disposal services shall be made without a valid certificate from the approved disposal site that the material was delivered.None of the aforementioned provisions shall be construed to relieve the Contractor from the Contractor's responsibility for the health and safety of all persons (including employees) and from the protection of property during the performance of the work. This requirement shall be applied continuously and not be limited to normal working hours. 1.11 FINAL PAY QUANTITY Final pay quantity is designated on the sealed bid proposal sheet with a “(F)”. Final pay quantity shall conform to Section 9-1.015 “Final Pay Items” of the State Standard Specifications, except that the final pay quantity designation shall be made on the sealed bid proposal rather than the Plans. 1.12 COORDINATION The Contractor shall coordinate his activities in a manner that will provide the least interference with the City's operations, other contractors and utility companies working in the area, and agencies exercising jurisdiction over the project area or portions thereof. 1. At a minimum the Contractor shall coordinate his operations with the following:City of Sacramento Public Works Contractor shall notify Public Works and coordinate removal of temporary barricades, Gabriel Morales, 206-808-2289.Regional Transit (RT) At least seven (7) working days prior to working on streets used as bus routes, the Contractor shall notify the Regional Transit (RT), Customer Service Center Phone: 321 2876 or 321-2817 (Fax: 444-0502), to inform of any traffic restrictions that may be in effect and bus stops that may be temporarily out of service. The Contractor’s activities must be performed in such a manner as not to interfere with Light Rail Transit (LRT) service. The cost of coordination shall be included in the unit prices bid for the various items of the proposal and no additional compensation will be allowed therefor.1.13 PROJECT SCHEDULING The Contractor shall submit to the Engineer a practicable critical path method (CPM) schedule and a schedule of values at the pre-construction meeting and within 5 days of the Engineer's written request at any other time. The Contractor shall furnish the schedules on a form of his choice. The CPM schedule shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start the features of the work, the contemplated dates for completion of the work, the dependencies between different items of work, and identify the critical path or work features. The schedule of values is submitted for use in determining progress payments. The progress schedules submitted shall be consistent in all respects with the time and order of work requirements of the contract. The progress schedule must include all signal detector loop replacement after the pavement is planed and prior to placement of the asphaltic concrete overlay. The Contractor shall submit, review and update a project schedule in accordance with Section 7-2 of the Standard Specifications. Subsequent to the time that submittal of a progress schedule and a schedule of values is required in accordance with these specifications, no progress payments will be made prior to the submittal of an acceptable project schedule. In addition to the CPM schedule, the contractor shall supply a three-week look ahead schedule at each weekly project coordination meeting. The three-week look ahead schedule shall detail all work anticipated to occur within the next 15 working days of the project. The cost of project scheduling shall be included in the unit prices bid for the various items of the proposal and no additional compensation will be allowed therefor. 1.14 PROTECTION OF EXISTING IMPROVEMENTS The location, alignment, and depth of existing underground utilities as shown on the Plans are taken from public records and no responsibility is assumed for their accuracy. The Contractor's attention is directed to the provisions of Chapter 3.1 "PROTECTION OF PUBLIC UTILITIES IN PUBLIC CONTRACTS" of the California Government Code concerning protecting existing overhead and underground utilities. In particular, Section 4216 and Section 4217. Existing improvements, utilities and adjacent property shall be protected from damage resulting from the Contractor's operations. All trees, shrubbery, grass, fences, mail boxes, walls and other improvements including existing pavements, sidewalks, street improvements, sprinkler systems and underground utilities and other improvements not to be removed under this contract shall be protected from damage by the Contractor throughout the construction period.

All painted or other disfiguring markings on the pavement, sidewalk or gutters shall be removed by the Contractor before acceptance of the work. The Contractor will insure that utility services to customers in the project are maintained.The Contractor is responsible for the protection of and for damage to existing overhead and underground utility lines and services encountered during the course of construction. The Contractor shall notify the respective utility owner prior to any interruption of service. The Contractor is expected to "pothole" existing underground utilities a minimum of ten (10) working days in advance at any location where an existing utility may be in conflict with the proposed work.The cost of relocating existing overhead or underground utilities not specified on Plans to berelocated, but which the Contractor elects to relocate or cut and reconnect for his/her own convenience, shall be borne by the Contractor.No compensation will be paid to the Contractor for the maintenance and protection of existing utilities and facilities. The cost of such work shall be included in whatever bid item the Contractor deems appropriate.1.15 TRAFFIC HANDLING, PUBLIC SAFETY AND CONVENIENCE The contractor’s attention is directed to Sections 6 and 7 of the Standard Specifications. The contractor shall submit to the Engineer for review and approval a plan showing traffic control measures for vehicles, pedestrians and bicycles affected by the construction work. For emergency purposes, the responsible person in charge of the work must be reachable by phone 24 hours a day during the progress of the work. A 24-hour phone number shall be indicated on the permit application. The contractor shall adhere to guidelines as stated in Section 12.20.030 of Title 12 of the Sacramento City Code pertaining to Traffic Control Plan – Requirements, and shall conform to the current edition of the California MUTCD. Particular attention is directed to Chapter 6D –Pedestrian and Worker Safety and Chapter 6F – Temporary Traffic Control Zone Devices, Section 6F.68 – Detectable Edging for Pedestrians.Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense.Construction operations shall be conducted in such a manner as to cause as little inconvenience as to abutting property owners.Driveway access shall remain open at all times unless approved by the Engineer. If a property has more than one driveway, then the Contractor shall contact the property owner to coordinate a schedule for driveway closures.

Water or dust palliative shall be applied as required or as directed by the Engineer for the alleviation and prevention of dust nuisance. This requirement shall apply for the full duration of the contract and is not limited to working days. Sufficient traffic control devices, including signs and flaggers, shall be utilized to route traffic and minimize impacts on the general public. For emergency purposes, the responsible person in charge of the work must be reachable by phone 24 hours a day during the progress of the work. A 24-hour phone number shall be indicated on the permit application. Work around Schools: Work hours around schools shall be done in a manner that all streets are available to vehicle and foot traffic immediately before and after school hours. Coordination with schools shall be done to coordinate work hours. No additional compensation will be allowed for modification of work hours. The plans shall be developed with the following requirements:1. Working hours shall be subject to the review of California Department of Transportation. It is anticipated that night hours will be approved.. 2. The Contractor shall submit for approval, a written request to perform weekend work a minimum of two (2) weeks prior to the weekend dates. If weekend work is approved, the cost of inspection shall be borne by the City. 3. If necessary, only one travel lane in each direction may be closed to complete the proposed improvements. 4. The Contractor shall furnish, install temporary stripes and maintain temporary construction warning signs, lighting, flaggers, barricades, striping and other devices necessary to safeguard the general public and the work, and to provide for the safe and proper routing of all vehicular and of pedestrian traffic within and through the limits of the projects during the construction. The requirement shall apply continuously and shall not be limited to normal working hours. 5. The Contractor shall maintain existing electrical facilities and traffic and public safety in accordance with Section 34 of the Standard Specifications and these Special Provisions. 6. All work within public streets and/or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. Skid-resistant steel plates or other approved methods shall be used to cover all open excavations in the roadway during non-working hours.

1.16 TEMPORARY PAVEMENT MARKERS Temporary pavement markers shall be furnished and placed, maintained, and later removed as specified in these Special Provisions, and as directed by the Engineer. The following markers are approved for use on City of Sacramento street resurfacing projects:Temporary Overlay marker (Types Y and W) manufactured by Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, telephone (206) 251 8140. Safe-Hit Temporary Pavement Marker, manufactured by Safe-Hit Corporation, 1930 West Winton Avenue, Building #11, Hayward, CA 95545, telephone (415) 783 6550. Swareflex Pavement Marker (Models 3553, 3554, Cat Eyes Nos. 3002 and 3004), manufactured by Swareco and distributed by Servtech Plastics Inc., 1711 South California Street, Monrovia, CA 91016, telephone (818) 359 9248. Stimsonite Construction Zone Marker (Model 66), manufactured by Amerace Corporation, Signal Products Division, 7542 North Natchez Avenue, Niles, IL 60648, telephone (312) 647 7717. Flex-O-Lite Raised Construction Marker (RCM), manufactured by Flex-O-Lite, Lukens Company, P.O. Box 4366, St. Louis, MO 63123 0166, telephone (800) 325 9525. 3M Scotch-Lane A200 Pavement Marking System (reflective raised pavement marker on reflective traffic line tape), manufactured by 3M Company, Highway Safety Products, 1010 Hurley Way, Suite 300, Sacramento, CA 95825, telephone (916) 924 9605. MV Plastics Chip Seal Marker (1280/1281 Series with Reflexite Polycarbonate, PC 1000, reflector unit), manufactured by MV Plastics, Inc., 533 W. Collines Avenue, Orange, CA 92667, telephone (714) 532-1522. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used. At the direction of the Engineer, Temporary pavement striping may be required. After paving and or planing, temporary pavement markers shall be placed on all existing striped streets that are opened to public traffic prior to final striping in accordance with the striping diagrams. Temporary pavement markers that are damaged from any cause during the progress of the work shall be repaired or replaced by the Contractor at his expense. When no longer required for the work as determined by the Engineer, temporary pavement markers shall be removed in accordance with the provisions in Section 15-2, "Miscellaneous Highway Facilities," of the State Standard Specifications, except as otherwise provided herein. If the temporary pavement markers to be removed are on surfacing that is to be removed, the temporary pavement markers may be removed and disposed of in conjunction with the removal of the surfacing, providing such pavement markers do not interfere with the required traffic lane delineation, as determined by the Engineer.The 14-day waiting period for placing pavement markers on new asphalt concrete surfacing shall not apply to temporary pavement markers.Full compensation for furnishing, placing, maintaining, removing, and disposing of temporary pavement markers shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefore. 1.17 PUBLIC NOTIFICATION The Contractor shall notify residents and businesses within the project limits in writing five (5) working days in advance of beginning work. The notice shall be approved by the Engineer and shall describe the work to be performed, the anticipated duration of construction and the name and telephone number of the Contractor's representative that can be reached 24 hours a day, 7 days a week. The Contractor shall be responsible for issuing a second notice to property owners five (5) working days in advance of commencing any work on private property. The Contractor shall include in the public notification flyers/postcards detailed procedures explaining precautions the homeowner can take to help prevent plugged utility service fixture problems. The Contractor shall submit to the Engineer for review and approval public notification flyers/postcards before they are issued to the public. Full compensation for this item shall be included in the prices paid for various contract items of work and no additional compensation will be allowed. 1.18 EQUIPMENT LIST AND DRAWINGS SUBMITTALS Equipment list and drawings shall be in accordance with Section 34-3 of the Standard Specifications and these Special Provisions. Unless otherwise permitted in writing by the Engineer, the Contractor shall, within twenty (20) days following notification of award of the contract submit to the Engineer for approval a listing of equipment and material which he/she proposes to furnish and install. The list shall be complete as to name of manufacturer, size and catalog number of unit, and shall be supplemented by other data, including detailed scale drawings and wiring drawings. A minimum of five (5) copies of the above data shall be submitted to the Engineer for review and approval. The Contractor shall submit to the Engineer a statement from each vendor supplying electrical equipment, including but not limited to, signal heads, standards, electroliers, luminaries, service pedestal and all other electrical equipment indicating that the orders for the materials required for this contract have been received and accepted by said vendor. The confirmed date of delivery to the contractor shall be indicated on the statement.

All substitutions are subject to the approval of the Engineer. 1.19 PROOF OF COMPLIANCE WITH CONTRACT In order that the Engineer may determine whether the Contractor has complied with the requirements of the contract documents not readily determinable through inspection and tests of plant, equipment, work, or materials, the Contractor shall at any time when requested, at the Contractor's expense, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his compliance with such requirements. 1.20 BACKFILLING OF VOIDS All voids resulting from the removal of trees, pipes, maintenance holes, ditch boxes, or other buried structures or objects shown on the Plans or called in these Special Provisions to be removed, shall be backfilled per the provisions of Section 26 (Trench Backfill) of the Standard Specifications. In the event job excavated native material is unsuitable for backfill as determined by the Engineer, the Contractor shall furnish the required suitable backfill material. The cost to backfill voids as specified in the Special Provisions shall be included in the price bid for the respective items to remove trees, pipe, maintenance holes, ditch boxes, or other buried structures or objects, and no additional compensation shall be allowed.1.21 HEALTH AND SAFETY The Contractor is warned that existing sewers and appurtenances have been exposed to sewage and industrial wastes. These facilities shall therefore be considered contaminated with disease-causing organisms. Personnel in contact with contaminated facilities, debris, wastewater, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor’s responsibility to urge his personnel to observe a strict regime of proper hygienic precautions, including any inoculations recommended by the local public health officer. Because of the danger of solvents, gasoline, and other hazardous material in the existing sewers, these areas shall be considered hazardous to open flame, sparks, or unventilated occupancy. The Contractor shall be aware of these dangers and shall take the necessary measures to assure his personnel observe proper safety precautions when working in these areas.The Contractor shall not allow any wastewater to discharge from sewage collection systems onto adjacent lands of waters. In case of accidental discharge, the Contractor shall be responsible for containment, immediate cleanup and disposal at his own expense to the full satisfaction of the Engineer. Where containment is not possible, adequate disinfection shall be provided by the Contractor at his expense as directed by the Engineer or agency with jurisdiction. If, in the opinion of the Engineer, the Contractor fails to adequately follow the above guidelines, he will make arrangements to have the work done by others, and have the cost charged to the Contractor.

1.22 STORAGE OF MATERIALS AND EQUIPMENTMaterials and equipment shall be stored so as to ensure the preservation of their quality and fitness for the work. Storage of equipment and materials shall be located so as to facilitate inspection. The Contractor shall be responsible for all damages that occur in connection with the care and protection of all materials and equipment until the completion and final acceptance of the work by the City. The Contractor shall obtain written permission prior to storing material and equipment on private property. A copy of the written permission shall be given to the Engineer prior to start of any work. Upon completion of use of private property, for storage of material and equipment, the Contractor shall provide to the Engineer a notice signed by the property owner that the site has been cleaned to his/her satisfaction. The Engineer may stop all work until the Contractor submits a copy of the written permission to the Engineer. The Contractor shall be responsible for the control of dust and warning signs within the limits of his staging area at all times. The Contractor shall take whatever steps are necessary or required by the Engineer to eliminate the nuisance of blowing dust. The Contractor shall not start any work prior to 8:30 AM unless otherwise approved by the Engineer. The Contractor shall submit “Storage of Materials and Equipment Plan” for approval by the Engineer prior to commencing work. The plan shall include location, entry date and exit date at material stockpile locations, and a site maintenance plan. Additionally, the plan shall be developed to minimize impacts to driveways, residents and the general public during work and non-work hours. If the Contractor fails to comply with the approved “Storage of Material and Equipment Plan”, the Contractor shall pay liquidated damages of $1,000 per infraction. 1.23 PERMITS AND STAGING AREA If the Contractor decides he/she needs additional working easement areas, work sites or material sites to facilitate his operation, it shall be his sole responsibility to locate, negotiate, obtain and pay for such additional working easements, work sites and material sites. The Contractor shall submit to the Engineer written authorization from the property owner of private property being used for the storage of equipment or materials. A copy of any written agreements entered into between the Contractor and the property owner concerning encroachment onto private property shall be provided to the Engineer prior to beginning any work on the property. All areas lying outside of the street right-of-way which are affected by the work shall be restored to the same, or better condition existing prior to the commencement of the work, to the satisfaction of the Engineer.

The cost of necessary permits, all restoration, including but not limited to landscaping improvements, shall be included in the various items of work the Contractor deems appropriate, and no separate or additional compensation shall be made.1.24 EROSION AND SEDIMENT CONTROL Erosion and Sediment Control shall be in accordance with Section 16 of the City Standard Specifications. 1.25 ENCROACMENT PERMIT The City will facilitate the plan review and pay fees for the acquisition of a Caltrans Encroachment Permit. Prior to start of work within the State of California’s right-of-way or work affecting the State of California facilities, the Contractor will be required to obtain an Encroachment Permit at the following State of California Transportation office: CALTRANS, DISTRICT 03 PERMIT ENGINEER 703 “B” Street P.O. Box 911 Marysville, CA 95901 (530) 741-5374 The Contractor shall pay the applicable fees due at the time of application. Full compensation for conforming to the requirements in this permit, including the cost of the permit, shall be considered as included in the contract prices paid for the various item of work and no additional compensation will be allowed therefore.

2. ITEMS OF THE PROPOSALITEM NO. 1 - PROVIDE ENGINEERED PLANS (BRIDGE RAILING) Provide Engineered Plans (Bridge Railing) shall include all work included to provide engineered plans for the replacement of the damaged bridge railing. This work includes the production of plans, signed by a licensed engineer, to be reviewed and approved by the City of Sacramento and California Department of Transportation. Payment shall be at the lump sum price bid and shall include full compensation for furnishing all design, survey, drafting, labor, materials, tools, equipment and incidentals, for doing all work involved with this line item as specified in these Special Provisions and State Standard Specifications and as directed by the Engineer.

ITEM NO. 2 - CHANGEABLE MESSAGE SIGNITEM NO. 3 - TRAFFIC CONTROL SYSTEM ITEM NO. 4 - RECONSTRUCT CHAIN LINK RAILINGITEM NO. 5 - BRIDGE REMOVAL (PORTION) ITEM NO. 6 - RECONSTRUCT METAL RAILING (BRIDGE) ITEM NO. 7 - STRUCTURAL CONCRETE (BRIDGE) ITEM NO. 8 - DRILL AND BOND DOWEL ITEM NO. 9 - COMMUNICATION CONDUIT (BRIDGE) ORGANIZATION Special provisions are under headings that correspond with the main-section headings of the State Standard Specifications. A main-section heading is a heading shown in the table of contents of the State Standard Specifications.Each special provision begins with a revision clause that describes or introduces a revision to the State Standard Specifications as revised by any revised standard specification. Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the State Standard Specifications for any other reference to a paragraph of the State Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^GENERAL PROVISIONSBid Items and Applicable Sections of the State Standard SpecificationsItem No.Item code Item description Applicable section 2 128651 PORTABLE CHANGEABLE MESSAGE SIGN 123 120100 TRAFFIC CONTROL SYSTEM 124 151538 RECONSTRUCT CHAIN LINK RAILING 155 157560 BRIDGE REMOVAL (PORTION) 156 159010 RECONSTRUCT METAL RAILING (BRIDGE) 157 510053 STRUCTURAL CONCRETE, BRIDGE 518 511106 DRILL AND BOND DOWEL 519 860772 COMMUNICATION CONDUIT (BRIDGE) 86 LABOR COMPLIANCE REQUIREMENTSA summary of the labor compliance requirements will be presented at the pre-construction meeting. However, please read the attached documents relating to the labor compliance requirements and expectations for this project. You will be required to sign the labor compliance acknowledgment at the pre-construction meeting if you are awarded the project. For any questions regarding these requirements, please contact Raquel Gonzalez at [email protected]. Each contractor and subcontractor (at all levels/tiers) is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by,the City of Sacramento. Electronic submittal will be through a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system, currently LCPTracker. Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. The contractor’s payroll and accounting software may be capable of generating a ‘comma delimited file’ that will interface with the software. If the ‘comma delimited file’ option does not work, it is still the responsibility of the contractor and subcontractors to manually enter their data into LCPtracker, meeting the required deadlines for those documents.This requirement ‘flows down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.

LABOR COMPLIANCE HANDBOOK 2018 Revised 10/16 /2018

IntroductionContractors who are awarded contracts on City of Sacramento public works projects are subject to State and Federal Laws and regulations governing the payment and reporting of wages, the use of apprentices, and other applicable labor standards provisions. The City of Sacramento monitors prime contractors’ and subcontractors’ compliance with labor standards by collecting certified payroll records; conducting on-site interviews of works at the construction sites; when appropriate, audits of contractors’ records; and engaging in other activities, as necessary, to ensure labor compliance. Labor Compliance officers make preconstruction presentations to inform contractors of their obligations to comply with labor standards provisions. Electronic web submittals of labor compliance documents are effective as of May 1, 2007. Each contractor and every lower tier sub-contractor are required to submit labor compliance documents electronically at the discretion of the City of Sacramento utilizing LCPtracker.net.

CITY OF SACRAMENTO LABOR COMPLIANCE STAFF Raquel González,Program Analyst Contracts and Labor Compliance Department of Public Works [email protected] 916-808-1074 Brenda Kee, Contracts and Labor Compliance Department of Parks & Rec [email protected] 916-808-1923 Kirsten Wise, Contracts and Labor Compliance Department of Public Works [email protected] 916-808-4011 Renee Graves, Contracts and Labor Compliance- Department of Utilities [email protected] 916-808-1465

Labor Compliance Requirements (Prevailing Wage, SB 854, AB219, Etc.) SB 854, a budget trailer bill that was signed into law on June 20, 2014, and became effective immediately, made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The fees collected through this new program will be used to fund all of DIR’s public works activities, including compliance monitoring and enforcement, the determination of prevailing wage rates, public works coverage determinations, and hearing enforcement appeals. Labor Code Section 1725.5 (enacted by SB 854) requires all contractors bidding on this contract, all subcontractors listed in a bid for this contract, and any contractor or subcontractor performing any work under this contract, to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 (enacted by SB 854) provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Every bidding contractor shall list the contractor’s current DIR registration number, and the current DIR registration number of all listed subcontractors, on the Subcontractor and Local Business Enterprise (LBE) Participation Verification Form included in the contractor’s bid. SB 854 – Important Information for Contractors No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The prime contractor must post job site notices prescribed by regulation. (See 8 Calif. Code Reg.§16451(d) for the notice that previously was required for projects monitored by the CMU (Compliance Monitoring Unit.) Essentials of public works contractor registration program: Contractors will be subject to a registration and annual renewal fee that has been set initially at $400. The fee is non-refundable and applies to all contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code). Contractors will apply and pay the fee online and must meet minimum qualifications to be registered as eligible to bid and work on public works projects: Must have workers’ compensation coverage for any employees and only use subcontractors who are registered public works contractors. Must have Contractors State License Board license if applicable to trade. Must have no delinquent unpaid wage or penalty assessments owed to any employee or enforcement agency. Must not be under federal or state debarment. Must not be in prior violation of this registration requirement once it becomes effective. However, for the first violation in a 12-month period, a contractor may still qualify for registration by paying an additional penalty. The registration fee is not related to any project. It is more like a license that enables the registrant to bid on and perform public works.Additionally, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The phase-in timetable for this requirement can be found on the following link at http://www.dir.ca.gov/Public- Works/SB854.html (also for all SB854 related information). Concrete Delivery Legislation (AB 219) Fact SheetAssembly Bill 219 (Daly, Chapter 739, Statutes of 2015) adds Section 1720.9 to the Labor Code. This bill expands the definition of public works under the California Prevailing Wage Law to include: …the hauling and delivery of ready-mixed concrete to carry out a public works, contract, with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state. Section 1720.9 defines the term ready-mixed concrete and specifies that the rate of pay shall be the current prevailing wage "for the geographical area in which the factory or batching plant is located" as determined by the Department of Industrial Relations. The statute also requires a written agreement between the party hauling or delivering ready-mixed concrete and the party that engaged its services. The agreement must specify compliance with the Prevailing Wage Law. Finally, section 1720.0 requires that the hauling or delivery company provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties. The amendments do not apply to public works contracts that were advertised for bid or awarded prior to July 1, 2016. Registration with the Department of Industrial Relations Ready-mix haulers and companies that deliver ready-mixed concrete for public works projects are considered subcontractors under Labor Code section 1722.1 and must register with the Department of Industrial Relations as specified in Labor Code section 1725.5. A Contractors State License Board license is not required to register with DIR or to work on a public works project (contractors working in a trade that is subject to licensing by the CSLB will still be subject to CSLB licensing requirements). Suppliers and other trucking companies will need to provide a Public Utilities Commission license number,U.S. Department of Transportation license number, and any other state or federal license, if one is required for your business. If none of these apply, the supplier can register with DIR by selecting other in the license type menu and entering N/A for not applicable in the license number field. Prevailing Wage Requirements (except from Sacramento City Code 3.60.180) Every contract for any construction project, as defined in Section 1782 of the California Labor Code, to be performed within the state at the expense of the city, or paid out of city moneys, whether such work be done directly under contract award, or indirectly by or under subcontract, sub partnership, day labor, station work, piece work, or by any other arrangement whatsoever, must provide, in addition to other provisions required by law, that any person performing labor in the state in execution of such contracts, subcontract, sub partnership, day labor, station labor, piece work or any other arrangement shall be paid not less than the general prevailing rate of wages in private employment for similar work in the city; provided, however, that the foregoing provisions as to payment of the general prevailing rate of wages shall not apply to: (a) contracts for any construction project originally awarded or executed in an amount of twenty-five thousand dollars ($25,000.00) or less; (b) contracts for any alteration, demolition, repair, or maintenance work originally awarded or executed in an amount of fifteen thousand dollars ($15,000) or less; (c) materials for which no manufacturing plant exists in the city; or (d) standard materials or commodities carried in stock by dealers or manufacturers generally.

The general prevailing rate of wages shall be the general prevailing rate of wages for the area in which thecity is located as determined by the director of the Department of Industrial Relations pursuant to Labor Code Section 1773. Every contract for which the payment of the general prevailing rate of wages is required shall provide that the determination of the director of the Department of Industrial Relations in force at the time the notice to bidders is published with respect to the general prevailing rate of wages in private employment in the city for similar work shall be binding upon the parties any contract awarded as a result of such notice. For more details, please refer to the applicable statutes and regulations regarding the payment of prevailing wages and General Prevailing Wage Determination(s) including the footnotes. Such information is available on the Department of Industrial Relations' website at http://www.dir.ca.gov/. Frequently asked questions can be found on the following link at: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html. These new requirements will apply to all public works that are subject to the prevailing wage requirements of the Labor Code, without regard to funding source. Please refer to http://www.dir.ca.gov/for general requirements by DIR (Department of Industrial Relations in the State of California). For additional information about public works requirements, please visit the public works section at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

Website California Wage Determinations The State Wage Determination can be found on-line by accessing the following web site: http://www.dir.ca.gov/OPRL/pwd/ For additional information you may contact: Division of Labor Statistics and Research (DLSR) (415) 703- 4774. The State Wage Determinations list the basic crafts, (operating engineers, carpenters, laborers, etc.) by location; most sub trades (electricians, plumbers, etc.) are by county (In the event of multiple funding sources, a comparison of the state and federal determination must be made, and the higher wage rate must be applied.) IssueDate:The State Wage Determinations are published twice a year; approximately February 22 and August 22, to reflect updated wage increases incurred. Please be cognizant that increase dates do vary. Single Asterisk * (Good for life of project) Example: Expiration Date of Determination: June 27, 2008* *Effective until superseded by new determination issued by the Director of Industrial Relations. Contact Division of Labor Statistics and Research (415) 703-4774 for new rates after 10 days from the expiration date if no subsequent determination is issued. Double Asterisks ** (Indicates expiration date & a wage or fringe benefit increase)Example: Expiration Date of Determination: June 30, 2009** ** The rate to be paid for work performed after this date has been determined. If work will extend past this expiration date, the new rate must be paid and should be incorporated in contracts entered into now. Contact Division of Labor Statistics and Research (415) 703-4774. On-Site Posting Required All contractors must post a copy of the applicable State Wage Determinations and Labor Compliance Contacts sheet provided at the preconstruction meeting.

Federal Wage DeterminationsWebSiteThe Federal Wage Determinations can be found on-line by accessing the following web site: http://www.wdol.gov. Applicable Federal Wage Determinations are included in your contract. The Davis-Bacon Act (DBA) requires the payment of prevailing wage rates (which are determined by the US Department of Labor) to all workers employed in the execution of the contract on federally funded construction projects. In the event of multiple funding sources, a comparison of the state and federal determination must be made, and the higher wage rate must be applied. https://www.dol.gov/compliance/guide/dbra.htm PublicationDateThere is no set date that the Federal Wage Determination is published; it is modified as needed. Good for the Life of the Project The applicable Federal Wage Determination is good for the life of the project. On-Site Posting RequiredAll contractors must post a copy of the applicable Federal Wage Determination and the WH-1321 “Employee Rights Under the Davis-Bacon Act” poster that is provided at the preconstruction meeting. https://www.dol.gov/compliance/guide/dbra.htm Sole Proprietors Are sole proprietor contractors required by law to pay prevailing wages and submit eCPRs for work done on public works projects? Sole proprietorship and general partnership companies without employees are required to pay themselves prevailing wages, in accordance with Labor Code section 1774 that states that all workers must be paid prevailing wages. If the worker is also the employer and sole proprietor for whom no payroll exists, the owner should submit eCPRs and must show that that the rate of pay is at or above the required prevailing wage. (The courts have ruled that sole owner companies cannot pay less than the prevailing wages. As such, any contract that is entered into that undercuts the labor component is unlawful.) What if the company hasn’t hired any workers yet, so the owner does all the work? What if the company has employees, but the owner/partner/corporate officer does some work as well? In the first situation, treat the business as if it were a sole proprietorship and do as explained in the following question. In the second situation, you must first determine if the work done by the owner/partner/officer falls into the category of prevailing wage work. If the work was prevailing wage work, then do as listed below assuming the worker is the owner. In the situations that the worker is the corporate officer who receive a fixed salary, you should annualize the salary to calculate the hourly rate. In the events that the hourly rate is less than the prevailing wage rate, the worker should receive the additional payment to meet the required amount. As a sole proprietor, how do I calculate my pay rate? You should divide your profit before labor costs (i.e., the amount of contract less fixed cost and variable costs) by the total number of hours you worked on the public works site. Please note that if your labor profit goes below the prevailing wage rate, you could be subject to public works penalties for failing to pay the correct prevailing wage rate. You need to attest under penalty of perjury that you are at or above the required prevailing wage rate for the craft/classification worked. Do I have to issue myself a paycheck? An individual who performs skilled or unskilled labor on a public works project is entitled to be paid the applicable prevailing wage rate for the time the work is performed, regardless of whether the individual holds a particular status such as partner, owner, owner-operator, independent contractor or sole proprietor, or holds a particular title with the employer such as president, vice-president, superintendent or foreman. In accordance with Labor Code 1774, the contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. What happens if I lose money on the job? The courts have held that sole proprietors cannot undercut labor costs in order to get a public works project. This would be out of compliance with public works laws and would give an unfair advantage to businesses that have no employees. What if I do not have employees or a FEIN number? You will need to use your social security number in order to report your hours in the DIR’s online eCPR system. Am I subject to payroll taxes? No, as a sole proprietor, you are not subject to payroll taxes, but you may be subject to income taxes. Do I have to employ apprentices? Generally speaking, yes. However, the exemptions to employ apprentices are listed below. Labor Code 1777.5 does not apply to general contractors whose contract is under $30,000. When the craft or trade is not apprenticeable.When the contractor holds a sole proprietor license and no workers were employed by the contractor. In other words, the contractor performed the entire work from start to finish and worked alone.

When the project is a federal project and the funding of the project does not contain any city,county, and/or state monies unless the project is administered by a state agency in which case the apprenticeship requirements apply. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

Prevailing Wage Questions and Answers RegardingOff Site Hauling Q. Will the new Driver (On/Off Hauling To/From Construction Site) rates replace the Teamster (construction site) rates and the superseded six county Driver determinations as the default rate for off the site hauling as of March 4, 2009? A. Yes. In the absence of trucking rates for other types of materials or for different types of trucks involving On/Off Hauling To/From the Construction site, the off-the-site rates apply. For covered work that was advertised for bid prior to March 4, 2009, the on-site rate will apply except for the six counties that had an off- site rate (Labor Code section 1773.6). The new On/Off Hauling rates are not applicable to projects advertised for bids prior to March 4, 2009. The date of notice or call for bids also referred to as the bid advertisement date is defined as the date the first notice inviting bids was published in a newspaper of general circulation or promulgated in a legally sufficient manner which results in a contract being awarded with or without competitive bidding (Title 8, California Code of Regulations section 16000). Q. Will the Driver (On/Off Hauling To/From Construction Site) rates apply to truck drivers operating trucks in addition to dump trucks and ready-mix trucks? A. Yes. The dump truck rates at their minimums will apply to other types of trucks performing off-the-site hauling (to or from a construction site) except for ready mix trucks which have their own prevailing wage determination. Q. Will the Driver (On/Off Hauling To/From Construction Site) rates apply to drivers when they perform hauling to or away from the job site while working for an on-site contractor? A. Yes. The off-site hauling rate(s) is the minimum rate of pay required for this type of work. In support of the off-site rate being paid, contractors are required to maintain documentation including the hours worked for each worker regarding the craft, classification or type of work being performed. Q. What rate (the on-site or the off-site) applies to drivers who pick up materials from a dedicated material supply source that was specified in the construction contract documents? A. This question will require the Director to determine coverage of the work and the appropriate rate to be paid based on specific facts and circumstances such as the actual location of the dedicated facility and other relevant information. At this time, it is not possible to answer this question in a general manner. Q. Will the Driver (On/Off Hauling To/From Construction Site) rate(s) apply to drivers who haul refuse from the construction site? A. Yes. The Driver (On/Off Hauling To/From Construction Site) rate(s) will apply to drivers who haul refuse away from the construction site. See Labor Code section 1720.3; PW Case 2006-017, Off-hauling of Contaminated and Clean Soil - Long Beach Unified School District, Avalon School, (6/26/07), (explaining that off-haul of contaminated soil to a land fill is covered public work under Labor Code section 1720.3); Public Works Case No. 2008-027, On-Haul and Off-Haul to and from the Friendly Senior Center-Abatement and Demolition Project-City of Morgan Hill (10/31/08). Q. What rate (on-site or off-site) applies to a driver who performs off-the-site hauling for: 1. Material supply company? 2. For-hire trucking company? 3. A construction company who also operates a legally separate and independent material supply company and does not interchange the drivers between the two companies? A. The answer to all the questions above is the off-site rate but only when the work itself is covered.

Q. What rate (the on-site or the off-site) applies when a driver who works for a construction company who uses the same driver to haul material on the site of construction and also perform work off the site that is covered by prevailing wages? A. The off-site rate will be the minimum rate of pay for workers employed by contractors and subcontractors when those workers are performing covered off-site work. The on-site activities by these workers would require the on-site rate. Q. Do the dump truck rates apply to all trucks delivering or picking up materials to and from a construction site irrespective of their size or tonnage, or the material being hauled or the type of truck? A. The answer is yes until rates for these other types of trucks or sizes or types of material differentials are published as prevailing. Note that mixer truck has its own prevailing wage rate. Q. What location determines the appropriate rate of pay (job site, material supply source, off-the-site delivery point, employer's off-the-site yard or shop, etc.)? A. The geographic location of the covered job site determines the county or area rate to be applied.Q. Does the geographic location of the job site prevail when the driver drives through different counties with different rates? A. Yes. The rate is determined by the location of the job site. Q. What Prevailing Wage Rate applies when the driver picks up material from a covered job site in one county and delivers it to another covered job site that has a different county rate? A. The employer should pay the off-site rate required by the job site where the public works construction contract requires the removal of the material (originating site) to be delivered to the second covered site. Q. Is an employee driving for an intrastate or interstate trucking company entitled to prevailing wages when performing covered work? A. Yes. Such drivers are subject to all the prevailing wage requirements including the overtime rates. The Prevailing Wage determinations set forth the overtime rates and requirements but only when the work itself is deemed to be covered. Wage and hour exemptions that may be otherwise applicable are not available for covered public works. Q. May an employer pay more than the indicated health & welfare, pension, vacation & holiday rates and other such employer payments? A. Yes, the employer may pay higher rates. The prevailing wage rates are minimums. The employer may pay lower benefit rates than indicated on the determination and transfer the difference to the basic hourly rate. In no case can the total compensation be less than the total hourly rate which includes the total of the basic hourly rate and the employer payments (Labor Code sections 1771 and 1774). There are two caveats: (1) The employer may not pay less than the specified published basic hourly rate (the wage rate). (2) The other employer payments must be legitimate meaning that they must be irrevocably paid to third person or trustee pursuant to a plan, fund or program for the benefit of the employee (Labor Code section 1773.1). http://www.dir.ca.gov/OPRL/FAQ_Hauling.html Apprentice Requirements for Public Work Projects California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information (DAS140) 2. Employ registered apprentices (DAS142) 3. Make training fund contributions (CAC2) Submit contract award information (DAS140) If you are a contractor already approved to train apprentices (a member of a DAS recognized Apprenticeship Committee: “Contractors who are already approved to train apprentices must provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade that has approved the contractor in the area of the site of the of the public works project.” The Contract Award Information must be in writing and submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. You may use form DAS 140 for this purpose. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice. All notice of awards must be in writing and sent by first class mail, fax or email. Proof of submission is required by the City of Sacramento (certified mail receipt, fax receipt or read receipt.) If you are not already approved to train by an Apprenticeship Committee: Contractors not already approved to train apprentices must submit Contract Award Information (DAS 140) to every apprenticeship program in the geographic area of the public works project, for each craft you intend to employ on the project. You can determine which apprenticeship programs are approved in specific geographic locations by clicking on the following link: http://www.dir.ca.gov/databases/das/pwaddrstart.asp The Contract Award Information must be in writing and submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice. Request and Employ registered apprentices (DAS142) Ratio: A contractor on a public works project must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. Title 8 California Code of Regulations, Section 230.1. for each separate craft at the end of a project. Please check the DAS Important notices to determine if any exemptions exist for your craft or trade. http://www.dir.ca.gov/DAS/PublicWorksForms.htm Can I mix and match crafts to reach the minimum ratio? No. The minimum ratio requirement is per each individual craft and only includes straight time hours. Do overtime hours count toward the minimum ratio? No, only straight time hours count. Be careful not to confuse premium pay with overtime pay. What is the maximum number of apprentices I can use on a Public Works Project? It depends on which box you have checked on your DAS 140. If you checked box 1 or 2 and fall under the regulations set forth in a specific program’s standards, then you are allowed to use the maximum ratio set forth in those Standards. If you have checked box 3 and agreed to be governed by the regulations set forth by the California Apprenticeship Council, then the minimum and maximum ratio is the same: 1 apprentice hourfor every 5 journeyman hours totaled at the end of the project.

I am a contractor who is approved to train by an approved program and am covered by their Standards, or I am a contractor who has agreed to be covered by a program’s Standards for a single project. How do I know what the Standards allow for that program’s maximum apprentice ratios? You can ask the program for a copy of their Standards or a copy of the language in Article XV which covers ratios. Or you can call the DAS office nearest the location for that program and request the same. All contractors must request dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (excluding Saturdays, Sundays and Holidays) before the date on which apprentices are required. A DAS 142 form is provided for this purpose. All requests for dispatch must be in writing and sent by first class mail, fax or email. Proof of submission is required by the City of Sacramento (certified mail receipt, fax receipt or read receipt.) Contractors who do not receive a sufficient number of apprentices from their initial request, must request dispatch apprentices from all other apprenticeship committees, if more than one exists in the area of the public works project. To determine which apprenticeship programs are approved for your craft or trade in a specific geographic location: 1. Contact the DAS District office whose assigned geographic areas of responsibility cover the county/ies in which the public works project is located. 2. Visit Apprenticeship Programs Information Guide - Public Works Search http://www.dir.ca.gov/Databases/das/pwaddrstart.asp Make Training Fund Contributions Contractors who are awarded public works jobs must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices. This nominal fee contributes to the assurance that new apprentices coming into the craft will be guaranteed the highest level of training and as skilled craftsmen retire, the trade will survive. Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council, P. O. Box 511283, Los Angeles, California 90051-7838. Training fund contributions to the Council are due and payable on the 15th day of the month for work performed during the preceding month. The contribution should be paid by check and be accompanied be a completed CAC2 Form that contains the following information: 1. The name, address and telephone number of the contractor making the contribution. 2. The contractor’s license number. 3. The name and address of the public agency that awarded the contract. 4. The jobsite location, including the county where the work was performed. 5. The contract or project number. 6. The time period covered by the enclosed contributions. 7. The contribution rate and total hours worked by apprenticeable occupation. 8. The name of the program(s) that provide apprentices, if any. 9. The number of apprentice hours worked, by apprenticeable occupation and by program. Payment of Training Fund Contributions must be sent to the California Apprenticeship Council (address below) (CAC) if the contractor is not signatory to an apprenticeship committee. The CAC will then distribute the funds to the proper apprenticeship committees. However, the CAC IS NOT AN APPRENTICESHIP COMMITTEE and will not accept the DAS140 or DAS142 forms. California Apprenticeship Council (CAC) P.O. Box 511283 Los Angeles, CA 90051-7838 Questions: email [email protected] Subject to change for most recent documentation please click on the following link: http://www.dir.ca.gov/das/DASApprenticesOnPublicWorksSummaryOfRequirements.htm Exemption What are the instances in which a contractor on a public works project is considered exempt from the requirements of LC 1777.5? 1. Labor Code 1777.5does not apply to general contractors whose contract is under $30,000. 2. When the craft or trade is not apprenticeable. 3.When the contractor holds a sole proprietor license and no workers were employed by the contractor. In other words, the contractor performed the entire work from start to finish and worked alone. 4.When the project is a federal project and the funding of the project does not contain any city, county, and/or state monies unless the project is administered by a state agency in which case the apprenticeship requirements apply. 5.When the project is a private project not covered by the definition of public works as found in Labor Code section 1720. What if I am exempt from the requirements of California Labor Code Section 1777.5 as my situation falls under one of the exemptions listed above? Do I still have to provide a "Notice of Contract Award" (DAS 140 form) to the applicable program? You do not have to submit a "Notice of Contract Award". However, for purposes of letting the applicable program know of your exemption, you may, nevertheless, want to provide the form to the applicable program so they are aware of your exemption. If I have an Individual Contractor Exemption granted by the Chief of DAS per Labor Code § 1777.5 (j), or § 1777.5(k), do I still need to send a DAS 140 to the appropriate programs? Yes, you still need to submit a Notice of Contract Award Information (DAS 140) to the appropriate Program Committees. The Individual Contractor Exemptions and Program Committee exemptions pertain to the ratio of apprentices on a public works project and do not eliminate the DAS 140 requirement. I am a small subcontractor and my job will take less than 40 hours. Am I exempt from hiring apprentices? No, you must still submit a DAS 140 and 142. However, you may request apprentices in less than 8-hour increments. Important Notice: see changes in Code of Regulations section 230.1, regarding the employment of apprentices on Public Works. Definition of a Registered Apprentice An apprentice is someone who has signed an agreement with an employer, an approved apprenticeship program or program sponsor, and whose agreement is registered with the Division of Apprenticeship Standards (DAS). Only an approved apprenticeship program can provide a contractor with a registered apprentice on public works projects. Other Questions & Answers: Do programs that provide apprentices for public works projects provide workers compensation benefits for the apprentice they send out to jobs or is the responsibility of the contractor and/or subcontractor? This responsibility lies with the contractor and/or subcontractor. As a contractor who has been awarded a public works contract, and has my own employees, am I still required hiring registered apprentices? Yes. Important Notice: see changes in Code of Regulations sections 230.1, regarding the employment of apprentices on Public Works I am a non-union contractor. Am I required to hire an apprentice? Yes, you must request dispatch from all approved programs in the geographic area of the project. Can I employ my friend, family, or my own employee who is still beginning to learn a particular trade, as an apprentice? No. The law requires that you employ only apprentices who are registered with an approved program. However, if your friend or your employee is a registered apprentice and has been dispatched to you by an approved apprenticeship program, yes you can. What happens if I employed my friend who is not a registered apprentice and I paid him the journeyman rate? You may employ your friend and pay him journey wages, but this does not affect the apprenticeship requirements. What are the benefits and advantages to hiring a registered apprentice? The benefits of hiring an apprentice registered in a state approved program are: 1. Lower pay rate than the journeyman pay rate.2. Elimination of recruitment programs for workers who are already trained. 3. Creates a diversified and flexible workforce and larger pool of employees with specific skills.4. Increases productivity; employees in a structured training program are motivated to achieve.

Employment of Apprentices (additional information) Bidder is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices by a Contractor and any subcontractor performing a public works Contract. Labor Code section 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprentice-able occupation to apply to the joint apprenticeship committee in the area of the site of the public works project and which administers the apprenticeship program for a certificate of approval. Contractor or subcontractor shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices to journeymen and contributions to funds to administer apprenticeship programs shall be determined by Section 1777.5 and the responsibility for compliance with that section for all apprentice-able occupations shall be with the General Contractor. Labor Code section 1777.5 does not apply to Contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or Prime Contractor, when the contracts of general contractors or those specialty contractors, involve less than Thirty Thousand Dollars ($30,000). This is the sum of the total contract amount not the individual contracts that are held between a prime contractor and their sub tiers. A contractor who willfully violates Labor Code section 1777.5 shall be denied the right to bid on or receive a public works contract for a period of up to one (1) year for the first violation, and for a period up to three (3) years for the second and subsequent violations, from the date the determination of noncompliance made by the Administrator of Apprenticeship becomes an order of the California Apprenticeship Council. Contractor shall also be subject to the payment of the civil penalty as provided in Labor Code section 1777.7. Interpretation and enforcement of said Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. This information is provided as a guide. If there are any discrepancies between the language in this handbook and the specifications in the bid package for this project, the bid package shall prevail. For the most up to date and current apprenticeship information refer to the DIR website.

All Current and Apprenticeable Trades/Crafts Within Sacramento County This list is subject to change. Asbestos Worker, Heat and Frost Insulator Parking and Highway Improvement (Striper) Boilermaker-Blacksmith Painter Bricklayer,Stonemason Plasterer Carpenter – All Related Trades PlasterTender Carpet, Linoleum and Resilient Floor Layer Roofer Cement Mason Landscape/Irrigation Fitter Drywall Installer/Lather (Carpenter) Sprinkler Fitter (Fire Protection/Fire Control Drywall Finisher (Painter) Pile Driver Operating Engineer Electrician, Inside Wireman Pile Driver (Carpenter) Electrical Utility Lineman Parking and Highway Improvements Painter Elevator Constructor Plumber/Steamfitter Field Surveyor Chainman/Rodman Pipefitter Chief of Party Underground/UtilityPipefitter Glazer Metal Roofing System Installer Electrician (Comm & System Installer) Sheet Metal Worker Electrician (Comm & System Tech, Cable Splicer) Stator Re-winder Iron Worker Terrazzo Finisher Laborer Terrazzo Worker Marble Finisher/ Marble Mason/ Marble Setter Tile Setter Millwright Tile Finisher Operating Engineer Steel Erector & Fabricator Operating Engineer (Dredger) Tunnel/Underground (Operating Engineer) Building Construction Inspector Tunnel Worker (Laborer) Operating Engineer (Landscape Construction) Parking & Highway Improvement (Striper-Laborer) Pointer, Caulker and Cleaner Brick tender Acoustical Installer (Carpenter) Scaffolding and Shoring Erector (Carpenter) Hardwood Floor Layer (Carpenter Shingler (Carpenter) Insulation Installer (Carpenter) Communications & System Installer Field Surveyor Instrument manTaper Roofer Metal Deck and Siding If using any of the listed crafts, you will be required to request an apprentice and pay into the apprentice-able craft training program that is applicable. The website to see the latest list of apprenticeable trades is: http://www.dir.ca.gov/oprl/pwappwage/ PWAppWageStart.asp

PRECONSTRUCTION DOCUMENTS
NOTICE TO PROCEED Project # PROJECT NUMBER PROJECT NAME DATE PRIME NAME PRIME ADDRESS PRIME CITY, STATE, ZIP Notice is hereby given you are authorized to commence work on the above referenced project on DATE. You are legally required to begin work within fifteen (15) working days of this date. The entire work on the project must be completed within SPELLED OUT NUMBER OF DAYS (NUMERICAL NUMBER OF DAYS) working days from the date of this notice. Forty-eight hours prior to starting work, please notify the Project Manager, PM NAME at (916) 808-EXT or PM [email protected]. Please address all correspondence to: City of Sacramento DEPARTMENT NAME DEPARTMENTADDRESS DEPARTMENT CITY, STATE ZIP Attn: PM NAME Please reference City Project # PROJECT NUMBER in all billing correspondence. We look forward to a mutually successful project. The City of Sacramento is committed to the "Partnering Concept" of open communication and cooperative construction. In that spirit, please do not hesitate to contact me at (916) 808-CONTRACT & COMP EXT or CONTRACT & COMP [email protected] if I can be of any assistance. Respectfully, CONTRACT & COMP NAME Cc: CONTRACT & COMP NAME, ACCOUNTING NAME, PM NAME

Labor Compliance Requirements DATE:PROJECT: PROJECT #: Labor Compliance Officer: Project Manager: Consultant/Contractor: In accordance to City of Sacramento Ordinance Section 360.180 the following is to comply with the City of Sacramento prevailing wage provision and contract provisions. The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage rates by the contractor and its subcontractors. Owner Operators are not exempt from this requirement (LC § 1777.5). Current Prevailing Wage Rates can be accessed at http://www.dir.ca.govh/dlsr/pwd. NOTE: The first bid advertisement date of the project determines the applicable wage for this project. Please check your bid advertisement date to make sure you are using the correct determination. Superseded prevailing wage determinations can be obtained at http://www.dir.ca.gov/oprl/main.htm. Prevailing wage rates and rate changes are to be posted at the job site for workers to view. If Federal Funded: Davis/Bacon prevailing wage rates apply, unless State prevailing wage rates are required. Prevailing Wage Requirements o All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: Labor Code 1774 o Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty of $25 per day per worker. Please reference the general prevailing wage determination that that is applicable for further guidance. References: Labor Code 18101815 o Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations. o When required shift differential rates must be paid for classifications which include a shift determination. State Prevailing Wage Determinations o Single asterisk indicates that this wage determination can be used for the life of the contract. ** Double asterisk indicates that this wage determination includes predetermined increases. o Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll.

The contractor must make applicable travel and subsistence payments in accordance with information on file with the Department of Industrial Relations (DIR) for classifications utilized. Call the Prevailing Wage Unit at (415) 703-4774 or available at: (415) 703-4774 or available at: http://www.dir.ca.gov/dlsr/PWD/index.htm Reference: Labor Code 1773.1 o Contractors violating prevailing wage requirements are subject to a penalty of up to $200 per day per worker, paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. References: Labor Code 1775 and 1742.1 Apprenticeso All requirements of the State Labor Code, Section 1777.5 apply including the following: Submit Division of Industrial Relations form DAS-140, Public Works Contract Award Information, to the applicable apprenticeship committee prior to start of work. This form with proof of service is to be uploaded into LCPtracker. The form may be downloaded at: http://www.dir.ca.gov/DAS/PublicWorksForms.htm Submit Division of Industrial Relations form DAS-142-Request for Dispatch of Apprentices (Prime and Sub-Contractors.) This form with proof of service is to be uploaded into LCPtracker. If applicable Submit Division of Industrial Relations form DAS 7- Agreement to Train Apprentices signed and accepted by the Division of Apprenticeship Standards. (This form applies if the contractor or sub contractor has checked box 1 on the DAS 140.) Training funds MUST be sent to a state-approved apprenticeship program or the California Apprenticeship Council and identified on the fringe benefit statement. If you are submitting the Training Funds to the California Apprenticeship Council this must be done electronically. The form can be found at the following link: https://www.dir.ca.gov/das/tf/cac2.asp.CAC-2 Form and are due monthly by the 15th. Training Fund Contribution Letter -are due monthly by Prime and Sub- Contractors. (If you are a Union Contractor submit the CAC-2 form stating funds are paid to specific trust fund and letter verifying those funds have been paid please upload both forms in LCPtracker.net) Apprentices must be paid the prevailing wage rate applicable to the classification and step in which they are registered and employed. o Proof of registration in a state-approved apprenticeship program is required and must be submitted with the first payroll on which apprentices appear. References: Labor Code 1777.5; Contract Provision o Complaints or violations regarding apprentice ratios will be referred to DAS. Reference: CCR 16434 Certified Payroll Records o Certified Payroll Reports (CPR) are to be Input into LCPTracker.net. All Contractors and subcontractors, on all public works projects, are required to submit certified payroll records (CPRs) to the Labor Commissioners through the eCPR system. Due within ten (10) days of pay period end date. CPR’s shall contain the same information for compliance with LC § 1776. Classification and group numbers are required on all payrolls. When work classification is not shown the City will determine the wage rate based on duties performed. Due minimum of bi-weekly with a Statement of Compliance for each pay period. (Located on LCPTracker.net under edocs) Reminder: wage increase for Master Agreements usually occurs on 06/15 and 06/29 or 06/30. oNegative Payroll Report Due within ten (10) days of pay period end dateif there is five (5) or more consecutive non-work days within any single pay period. o Fringe Benefit Statement: Form 420 (Located on LCPtracker.net under edocs) Paid in cash or contributions to plans/programs are due with first certified payroll report and anytime the fringe benefits change. Please breakdown all fringes paid to employee and to what program they are being paid to. Documentation that the amount stated on the fringe benefit statement is being paid on the employees behalf may be requested for validation. If fringes are paid in cash please list a breakdown of those cash amounts. o Other Deductions –Need to be detailed on the CPR and must be expressly authorized in writing by the employee or collective bargaining agreement. These need to be reference on the submitted CPR’s and documentation uploaded into LCPtracker. There is a form available for download under the e-Documents tab. Listing of Subcontractors Contractors and subcontractors are required to list all suppliers and tier subcontractors hired to perform work on a public works project (in accordance to contract standard specification). o The Subletting and Subcontracting Fair Practices Act requires prime contractors to list, at bid time, all subcontractors who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater. For building projects, subcontractors who will perform work in excess of one-half of one percent must be listed. The prime must use those subs as listed at bid time unless a written substitution is requested and approved in writing by the Contracts Specialist and Project Manager before substitution. References: Public Contract Code 41004114; Standard Specifications 5, Control of Work o Subcontracting Request, Prime Contractor update the Form 300 (List of Subcontractors & Suppliers) before they begin work at the jobsite and anytime there is an approved substitution. The prime must perform 30 percent of the work with their own forces. o The prime contractor is responsible for work performed and compliance met by subcontractors and owner- operators. o Failure to comply with the requirements of the Subletting and Subcontracting Fair Practices Act may result in a penalty of 0-10 percent of the subcontract involved and a referral to the Contractors State License Board. Reference: Public Contract Code 41104111 List of Subcontractors & Suppliers: Form 300 (Located on LCPtracker.net under edocs) Per Government Section 4100 et seq; prohibition against unfair competition Business & Professions Code Section 17200-17208, you must list suppliers and the amount of their product (s). Form is due within ten (10) days of pre-construction meeting. Pay Requests/Invoices The Labor Compliance Officer shall notify the contractor and the Project Manager of noncompliance and labor issues prior to pay requests approval. Advance notice of submission to the Compliance Officer is required. You must submit a current schedule of values with each pay request and you must have all labor compliance requirements met before submitting a pay request. Failure to meet the labor compliance requirements will result in your pay request being denied and returned to you for full compliance. Pay request must be submitted to the inspector for his/her review first. The inspector will then forward the request to the Project Manager and the Labor Compliance Officer for their review.

Pursuant to Labor Code Section 1776, the City of Sacramento will imposepenalties of $100 per day per worker for each day the documentation that is requested is considered late (beyond the 10 days from when notice is given), even if the information you eventually submit is found to be correct. This information is to be uploaded into LCPtracker.net. If you have been asked to make any corrections to the documents submitted, we ask that you make the requested corrections and reupload the corrected document into LCPtracker as soon as possible. As progress payments may be delayed while these items are outstanding, it would be in your best interest to see that these documents are provided as soon as possible. Completion of Project Contractor Notification of Completion: Form 264 must be submitted into LCP Tracker, due upon completion of all punch list items established during final job walk. All of these forms discussed in this document are located on LCPtracker.net under the eDocuments tab. In accordance with city policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing prevailing wage requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein. Contractor Signature Title Date StartUp Documents Due Prior to Start of Construction: 1. Certification Statement of Contractor: If there is any contractor working as an “Independent Contractor”, “Owner- Operator”, “Sole Proprietor” or “Leased Worker” the certification form must be filled out. a. The original is to be submitted prior to, or concurrent with, the first payroll in which the Independent Contractor, Owner-Operator, Sole Proprietor or Leased Worker commences work. 2.Authorization Letter for Signing Certified Payroll a. To be signed by company officer or ownerand uploaded into LCPtracker prior to the first Certified Payroll Report. b. This document lets the Labor Compliance Department know whom is authorized to sign certify payroll reports and other documents on behalf of the Contractor. 3. FORM 300 List of all Subcontractors and Suppliers: a. To be filled out and uploaded within 10 days of the preconstruction meeting and prior to the first Certified Payroll Report. b. This document lets the Labor Compliance Department know who will be working on this project. This is checked against initial form that was submitted with bid documents. If there are any changes during the life of the construction projected this form is to be updated and the Labor Compliance Officer is to be made aware of changes. c. This form is to be filled out by all Subcontractors and their lower level subs and uploaded into LCPtracker. 4.Checklist of Labor Law Requirements:a. To be filled out and signed by the contractor and all sub tier contractors prior to start of their work on the construction project. Please check all boxes that apply. 5. Fringe Benefit Statement:a. Asterisk or note any form of benefits that are included in the payroll reports should be listed out as an “hourly” rate of pay for each trade used. b. If fringe payments are made directly to the employee in lieu of fringes, please note “paid in cash” under the applicable fringe payment and breakdown the hourly rate that is paid to the employee in cash. c. Must be re-submitted when wage rates are updated, with effective dates and/or any changes in fringes are made.

6. DAS-140-Public Works Contract Award Information Form: a. Contract award information must be sent to your Apprenticeship Committee if you are approved to train apprentices. If you are NOT approved to train apprentices, you must send the information to ALL applicable Apprenticeship Committees in your craft or trade in the area of the Public Works Project. b. After you have completed the DAS-140 Form mail the original(s) to the appropriate Joint Apprentice Training Committee(s) within (10) days of the date of the execution of the prime contractor’s subcontract, but in no even later than the first day in which the contractor has workers employed upon the public work (CA Labor Code 1777.5 (e)). c. Upload a copy of the form or all forms submitted with proof of deliver to the LCPtracker.net program under the e-Documents Tab. The form of proof can be certified mail or fax confirmation. d.All Applicable Joint Apprentice Training Committee (s) may be foundat: http://www.dir.ca.gov/Databases/das/pwaddrstart.asp/e. Templates available for download can be found at: http://www.dir.ca.gov/DAS/PublicWorksForms.htm or on LCPtracker.net under the e-Documents tab. 7. DAS-7- Agreement to Train Apprentices Form: a. IF Applicable: (Checked box 1 on the DAS 140) i. Submit your DAS-7 or equivalent certification and upload into LCPtracker.net under the e-Documents tabs and inform the labor compliance person monitoring your project. This form can be submitted with your DAS-140 form. 8. DAS-142 Request for Dispatch of an Apprentice Form:a. Send to the Joint Apprentice Training Committees (JATC) in your craft or trade in the geographic area of the Public Works Project to request the dispatch of an apprentice before starting work at the site and as needed throughout the project. b. Employment of Apprentices on Public Works project- (a) Contractor(s) shall employ registered apprentice(s), as defined by Chapter 4 (commencing with Section 3070) of Division 3, during the performance of a Public Work Project in accordance with the required (1) hour of work performed by an apprentice for every (5) hours of labor performed by a journeyman, unless covered by one of the exemptions enumerated in the Labor Code Section 1777.5 or this subchapter. c. Provide a copy of your apprenticeship program’s standards if they operate under a different ration then the California Labor Codes & Regulations. d. Template available for download can be found at: http://www.dir.ca.gov/DAS/PublicWorksForms.htm Forms Required Prior to Construction
ClassificationWorksheetA separate form must be filled out for each contractor/subcontractor performing on the project.Project NameProject NumberContractor NameContact NameContact PhoneContact EmailCSLB/Certificate # Classification(s) being Utilized(check all that apply)Asbestos Carpet/LinoleumElectricians LaborersPile Drivers Sheet MetalBoilermaker Cement MasonElevator Mechanic MillwrightsPipe Trades Sound/CommunicationBricklayers DrywallFinisherGlaziers Operating EngineerPlasterer SurveyorCarpenter Drywall/LatherIron Workers PaintersRoofers TeamsterTile Workers Other(specify)

Letter of Authorization PLACE ON COMPANY LETTERHEAD Date: To whom it may concern: I, the undersigned, hereby authorize .................... to sign on our behalf in all mannersrelating to certified payroll, including signing of all certified payroll related documents. Any and all acts carried out by .................... on our behalf shall have the same effect as acts of our own. This affirm that the signatories identified above have the authority under penalty ofperjury to affirm that required forms and certified payroll records are originals or are full, true and correct copies of the original and correctly depict the Trades, Crafts and Classifications of work performed; hours and days worked; and the amounts by category listed, disbursed by way of cash, check, or in whatever form or manner to each person by job classification and/or skill pursuant to public works contract. This authorization is valid until further written notice from (COMPANY NAME). Sincerely, (Company counsel or company officer's signature) (Name Address and Title) City of SacramentoPW-300 Form
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Instructions:The Prime Contractor and all Subcontractors are required to submit the PW-300 via LCPTracker.net. If there are no subs or suppliers, state on the PW-300and upload. If you are a Subcontractor with no additional lower tier subs place the Prime Contractors information in the Prime Contractor box and list yourself as the Subcontractor. Fill out the information that is known. If you are a Subcontractor with lower tier subs, please put your company name under the Prime Contractor field and all subs under the Subcontractors List field. Please refer to Public Contract Code 4107 regarding changes to subcontractor listing. If there are any changes made to this list during the duration of the project which might include an additional subcontractor/supplier or eliminating a subcontractor/supplier, then a revision to the PW-300 Form is required. DIR REGISTRATION # MANDATORY PRIME CONTRACTORDate Project # Name Project Name Address: Contract # City,State,ZipTotalContractAmountContact Name/Phone # Estimated Start Date Email Estimated CompletionDate DIR Registration # Federal Tax ID # ContractorLic.# StateTaxID# SUBCONTRACTORS LIST SUBCONTRACTOR Name Contact Name/Phone # Address: Email City, State, Zip Description of services Contractor Lic. # Estimated Start Date: DIR Registration # Estimated CompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTOR Name ContactName/Phone# Address: Email City,State,Zip Descriptionofservices Contractor Lic. # Estimated Start Date: DIR Registration # Estimated CompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTORName ContactName/Phone# Address: Email City,State,Zip Descriptionofservices Contractor Lic. # Estimated Start Date: DIR Registration # Estimated CompletionDate Contract $ Value LBE/EBE/DBE Add additional pages if necessary.

City of SacramentoPW-300 Form
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SUBCONTRACTORS LIST SUBCONTRACTORName ContactName/Phone# Address: Email City, State, Zip Description of services ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTOR Name Contact Name/Phone # Address: Email City,State,Zip Descriptionofservices ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTOR Name Contact Name/Phone # Address: Email City,State,Zip Descriptionofservices ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTOR Name Contact Name/Phone # Address: Email City,State,Zip Descriptionofservices ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract$Value LBE/EBE/DBE SUBCONTRACTORName Contact Name/Phone # Address: Email City,State,Zip Descriptionofservices ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract $ Value LBE/EBE/DBE SUBCONTRACTOR Name Contact Name/Phone # Address: Email City,State,Zip Descriptionofservices ContractorLic.# EstimatedStartDate: DIRRegistration# EstimatedCompletionDate Contract $ Value LBE/EBE/DBE City of SacramentoPW-300 Form
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Add additional pages if necessary. SUPPLIERS LIST Name Contact Address: Phone City, State, Zip Email Description of materials $ Amount SUPPLIER Name Contact Address: Phone City,State,ZipEmailDescription of materials $ Amount SUPPLIER Name Contact Address: Phone City, State, Zip Email Description of materials $ Amount SUPPLIER Name Contact Address: Phone City, State, Zip Email Description of materials $ Amount SUPPLIER Name Contact Address: Phone City, State, Zip Email Description of materials $ Amount SUPPLIER Name Contact Address: Phone City, State, Zip Email Description of materials $ Amount Add additional pages if necessary.I have completed the documentation accurately Signature: and to the best of my knowledge. Date:

Checklist of Labor Law Requirements Ultimately the prime contractor is liable for their sub and specialty contractors. This checklist is a usefultool for the prime contractor to ensure that heir sub and specialtycontractors know theirresponsibilities on public works projects. Contractors who understand and comply with the laware more likely to deliver the job on time, on budget and done right the first time. We suggest thePrime contractor encourage completion of this checklist by their sub and specialty contractors.NAME(print) Date Company PhoneAddress FaxCity StateZipCodeProjectManager Superintendent/Foreman CertifiedPayroll Phone/Ext.Contractor License NO. Exp.DateSpecialty License NO. Self-insured Certificate NO. Workers Comp policy NO.ProjectNAMEProject #/Bid Package#AwardingBodyAdvertisementDateIf Subcontracting, List your prime/general Contractor Contract Award AmountThe Federal AND State Labor LAW requirements Applicable to the Contract Are Composed OF, But Not Limited to, the Following:Payment of PrevailingWage RatesThe contractor to whom the contract is awarded, and its subcontractors hired for the public works project are required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract. LaborCode Section1770etseq.The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract. Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view. Additionally, current wage rate information can be found at the DLSR web site, www.dir.ca.gov/dlsr/statistics_research.html.ApprenticesIt is the duty of the contractor and subcontractors to employ registered apprentices on the public works project and to comply with all aspects ofLabor Code Section 1777.5, relating to Apprentices on public Works. (1) Notify approved apprenticeship programs of contract award; (2) employ apprentices; (3) pay training fund contributions.PenaltiesThere are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment underLabor Code Sections 1775; 1776; 1777.1; 1777.7and1813.CertifiedPayrollReportsunderLabor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day for each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project.This requirement includes and applies to all subcontractors performing work on Awarding Body projects even if their portion of the work is less than one half of one percent (0.05%) of the total amount of the contract.The certified payroll records shall contain the same data fields listed on thePublic Works Payroll Reporting Form (A-1-131)and contain or is accompanied by a declaration made under penalty of perjury.(California Code of Regulations, Section 16401).Prime Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package. Any payroll not submitted in the proper form will be rejected. In the event that there has been no work performed during a (CCRTitle8,Section16421)
ChecklistofLaborLawRequirements, continuedGiven week, the certified payroll report shall be annotated: “No work” for that week or a Non-performance Statement must be submitted.Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant toLabor Code Section 1776.UnderLabor Code Section 1776(g)there are penalties required for contractor’s/subcontractor’s failure to maintain and submit copies of certified payroll records on request.Nondiscrimination in EmploymentThere exist prohibitions against employment discrimination underLabor Code Sections 1735 and 1777.6,The Government Code,thePublic Contracts Code,andTitle VII of the Civil Rights Act of 1964.KickbacksProhibitedContractors and subcontractors are prohibited from recapturing wages illegally by accepting orextracting “kickbacks” fromemployee wages underLaborCodeSection1778.Acceptance of Fees ProhibitedThere exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public work underLabor Code Section1779; or for filling work orders on public works contracts pursuant toLabor Code Section 1780.Listing of SubcontractorsAll prime contractors are required to list properly all subcontractors hired to perform work on the public works projects covering more than one-half of one percent, pursuant toGovernmentCode Section4104.ProperLicensingContractors are required to be licensed properly and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed underLabor Code Section 1021and under the California Contractor License Law found atBusiness and Professions Code Section 7000 et seq.Unfair Competition ProhibitedContractors and sub-contractors are prohibited from engaging in unfair competition as specified underBusiness and Professions Code Sections 17200 to17208.Workers Compensation InsuranceLabor Code Section 1861requires that contractors and subcontractors be insured properly for Workers Compensation.OSHAContractors and subcontractors are required to abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project.Proof of Eligibility/CitizenshipThefederal prohibitionagainst hiringundocumented workers, and therequirement tosecureproofofeligibility/citizenship fromall workers,is required.Itemized Wage StatementLabor Code Section 226requires that employees be provided with itemized wage statements.CertificationI acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make thiscertification on behalf of (CompanyName)I fully understand that failure to comply with any of the above requirements may subject me, or my company, to penalties as provided above.Contractor (Signature) (Date)Awarding Agency /Labor Compliance program (Signature) (Date)

In order that the proper Fringe Benefit rates can be verified when checking payrolls on the below contract, the hourly rates for fringe benefits, payment made for employees on the various classes of work are tabulated below. If you use other plans not listed above, you may use the next page to provide this additional information. If the contributions are paid to the employee in cash, please list the hourly amount in the corresponding category. Training Fund Contributions can never be paid to the employee directly. Statement of Employer Payments “Fringe Benefit Statement” Date In Reply, Refer to Case No.: Prime: Subcontractor: PROJECTNAME: PROJECT CONTRACT NO.: County/location: HEALTH AND WELFARE NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S)USED/EFFECTIVE DATECONTRIBUTIONPERCLASSIFICATION/ PERHOURCONTRIBUTIONS WEEKLY MONTHLY QUARTERLY ANNUALLY PENSION NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY VACATION/HOLIDAYNAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY TRAINING NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY

OTHERNAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATECONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLYMONTHLY QUARTERLY ANNUALLY OTHER NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S)USED/EFFECTIVEDATECONTRIBUTIONPERCLASSIFICATION/PERHOURCONTRIBUTIONS: WEEKLYMONTHLYQUARTERLYANNUALLY OTHER NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATECONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLYMONTHLY QUARTERLY ANNUALLY OTHER NAME OF PLAN Address, City, State, Zip ADMINISTRATOR A d d r e s s , City, State, Zip CLASSIFICAITON(S)USED/EFFECTIVEDATECONTRIBUTIONPERCLASSIFICATION/PERHOURCONTRIBUTIONS: WEEKLYMONTHLY QUARTERLY ANNUALLY OTHER NAME OF PLAN Address, City, State, Zip ADMINISTRATOR Address, City, State, Zip CLASSIFICAITON(S) USED/EFFECTIVE DATECONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLYMONTHLY QUARTERLY ANNUALLY

Types of Benefits Which Do Not Constitute Employer Payments: The types of benefits for which an employer may not take a credit against its prevailing wage obligations include benefits such as the use of a cell phone or company vehicle, gas reimbursement, or a Christmas bonus. “Employer Payments” Defined: Labor Code §1773.1 defines Employer Payments to include all of the following (1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. (2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected (3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. It is not necessary that the Employer Payment satisfy all of these three conditions in order for the credit to be valid. It is sufficient that the Employer Payment satisfies any one of the specified conditions in order to be considered an Employer Payment for which a contractor is entitled to take a credit against its prevailing wage obligation. Irrevocably Made to a Trustee or Third Person Pursuant to a Plan, Fund, or Program Examples of these types of Employer Payments include contributions by a union signatory contractor to a labor- management affiliated pension, health & welfare, training, and vacation programs, contractor payments for health insurance premiums, contractor payments irrevocably made to a trustee or third party for pension benefits, and similar types of payments. Employer Payments made to these types of plans must be made regularly For enforcement purposes, the Division requires that payment be made no less than quarterly, which is consistent with the requirement under the Davis-Bacon Act and its implementing regulations. (29 C.F.R. § 5.5(a)(1)(i).) Employer Payments Must Be Determined Separately for Each Worker Credit against the prevailing wage obligation may be taken only toward the prevailing wage requirement for each applicable worker. Employers may not take credit for an individual worker based upon an average payment or contribution made on behalf of a group of workers. For a specific example demonstrating DLSE’s method of converting a contractor’s monthly or annual contributions to a typical benefit plan into an hourly wage equivalent to calculate the amount of credit available against the prevailing wages due to an individual worker, please refer to Section 4.2.6.4.1 of this Manual. Vesting Does Not Normally Affect Right to Credit Many pension plans, particularly union-affiliated pension plans, contain “vesting” requirements which, under the plan, require that the worker complete a certain length of service before the worker has a no forfeitable right to benefits under the plan. The existence of such vesting requirements does not affect the amount of credit an employer may take for such contributions, provided that the pension plan is a bona fide plan that meets the applicable requirements under ERISA, including the minimum vesting requirements. Under no circumstances, however, may the forfeited contributions revert to the employer. Employer Payments That Are Reasonably Anticipated to Benefit Workers Employer Payments that are not irrevocably made to a trustee or third person pursuant to a plan, fund, or program may still be valid as a credit against the prevailing wage obligation, provided that they meet all of the conditions set forth in Labor Code § 1773.1(b)(2). Such rate of actual costs for such plan or programs can be credited against the prevailing wage only if the plan or program: (1) Can be reasonably anticipated to provide benefits to workers; (2) Is pursuant to an enforceable commitment; (3) Is carried out under a financially responsible plan or program; and (4) Has been communicated to the worker affected Example The type of Employer Payments contemplated under § 1773.1(b)(2) may include certain vacation and holiday plans for which the employee accrues the benefit during the time worked on a public works project. Such payments must meet all the conditions set forth above. In addition, the credit may be taken only as to amounts

which are “actual payments.” (8 CCR § 16200(a)(3)(I).) Payments to the California Apprenticeship Council Employer Payments for which a contractor may take a credit against its prevailing wage obligations also include payments made to the CAC pursuant to Labor Code § 1777.5(m)(1). The amount of contribution is listed on the general prevailing wage determination for those crafts which are recognized by the Director of the DIR as an apprenticeable craft. Such amounts are typically listed in the general prevailing wage determination under the heading Training or similar type heading. A contractor may take as a credit for payments to the CAC any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public work project. (Labor Code § 1777.5(m)(1).) Although such payments constitute part of the Total Hourly Rate required to be paid by the employer, such payments are not paid to the worker. Rather, such payments are made to either the CAC or the applicable approved apprenticeship program. The contractor may add the amount of the contributions in computing his or her bid for the public works contract. (Labor Code § 1777.5(m)(1).) Exception - Non-Apprenticeable Crafts For non-apprenticeable crafts, any training contributions should be paid to the worker as wages and not paid to the CAC. Some crafts are not identified on the Director’s wage determinations with a symbol (#) which indicates an apprenticeable craft. If that is the case, any training contribution listed in the general prevailing wage determination should be paid to the worker, or to the applicable training program, if the contractor is contractually obligated to make such payments under its collective bargaining agreement. Annualization Annualization is a principle adopted by the federal Department of Labor in enforcing the Davis-Bacon Act for crediting contributions made to fringe benefit plans based on effective rate of contributions for all hours worked during a year by an employee on both public (Davis-Bacon) and private (non-Davis-Bacon) projects. (Miree Construction v. Dole (11th Cir. 1991) 930 F.2d 1536, 1539.) California law requires that the credit for employer payments must be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer. (Labor Code § 1773.1(d).) Exceptions: Annualization is required except where one or more of the following occur: (1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (2) The higher rate of payments is required by a project labor agreement. (3) The payments are made to the CAC pursuant to Section 1777.5. (4) The director determines that annualization would not serve the purposes of this chapter. The annualization principle requires that when converting an employer’s contribution to a pension or medical plan into an hourly amount, the amount of payments must be divided by the total number of hours worked in a year on all projects, public and private, not just the number of hours worked during that year on public projects. This method of calculation, the “annualization” principle, provides a means to permit an employer to take credit only for employer contributions paid to workers while employed on covered public works projects. DLSE Annualization Calculation For enforcement purposes, the DLSE follows the federal enforcement guidelines. See Department of Labor Field Enforcement Handbook – 6/29/90, Section 15f11. (See http://www.dol.gov/whd/FOH/index.htm to review the handbook.) Under the federal enforcement guidelines, where a contractor makes annual payments in advance to cover the coming year and actual hours will not be determinable until the close of that year, the total hours worked by the workers performing work covered by California’s prevailing wage laws, if any, for the preceding calendar year (or plan year) will be considered as representative of a normal work year for purposes of annualization. Similarly, where the contractor pays monthly health insurance premiums in advance on a lump sum basis, the total actual hours worked in the previous month, or in the same month in the previous year, may be used to determine (i.e. estimate) the hourly equivalent credit per employee during the current month. It is not considered a violation if the contractor uses the full year equivalent of 2,080 (40 hours’ x 52 weeks) hours in determining the applicable credit unless, of course, the affected employee worked more than 2,080 hours in that applicable year.

Representative Period. Any representative period may be utilized in such cases, provided the period selected is reasonable. Employers using other methods to calculate the allowable credit have the burden of establishing that their method satisfies the annualization requirements set forth in Labor Code 1773.1(d). Example: An employee works as a carpenter where the basic hourly rate set forth in the wage determination for Carpenter is $30 and the total employee benefit (Employer Payment) package is $15, excluding the training contribution. Accordingly, the total hourly rate required to be paid under California’s prevailing wage laws is $45. Where the employer provides the carpenter with medical insurance in the amount of $4,800 per year, the employer would divide the total annual cost of the benefit by the total hours worked by the employee for the preceding year. The employer may also use 2,080 hours, which is the equivalent of full year employment to arrive at the allowable Employer Payment credit. For instance, where the employer uses the equivalent of full year employment, or 2,080 hours, the applicable credit is as follows: ($400 x 12 months) divided by 2,080 hours = $2.31 per hour. If the worker in this example receives no other employee benefits which are recognized as bona fide Employer Payments under California law, then for each hour worked on a project covered by California’s prevailing wage laws, the employer is entitled to take a credit of no more than $2.31 against its obligation to pay the worker $45 per hour, up to a maximum credit of $4,800, which is the total amount paid for medical insurance. The difference between the $15.00 per hour employer payment required under the applicable wage determination and the credit allowed for the provision of medical insurance must be paid to the worker as part of his or her hourly wage for work performed on the public works project. If the worker works the entire year only on projects covered by California’s prevailing wage laws, or under circumstances otherwise exempt under the exceptions set forth above in Labor Code § 1773.1(d)(1)-(4), the employer would be entitled to take the full credit of $2.31 up to a maximum of $4,800. Conversely, if the worker worked only 1,500 hours of the year on projects covered by California’s prevailing wage laws and 580 hours of the year on other jobs which are not covered by California’s prevailing wage laws or are otherwise not exempted under Labor Code § 1773.1(d)(1)-(4), the employer would be entitled to take a credit of only $2.31 per hour towards meeting the employer’s obligation to pay the prevailing wage on the California public works projects. Therefore, although an employer may have paid $4,800 in insurance premiums for that year, the employer is entitled to take a total annual credit of only $3,465.00 (1,500 x $2.31) against its prevailing wage obligation because the employer may take the credit only for those hours worked on a public works project. Payments to The California Apprenticeship Council Pursuant to Section 1777.5. As specified in Labor Code § 1771.3(d)(3), payments made to the CAC, or to an applicable approved apprenticeship program pursuant to Labor Code § 1777.5(m)(1), do not need to be annualized. For enforcement purposes, the Division takes the position that the exemption from the annualization requirements under section 1771.3(d)(3) is limited to the training contribution amounts set forth in the applicable general prevailing wage determination. Any amounts paid in excess of the amount set forth in the applicable general prevailing wage determination must be annualized unless otherwise exempt under section 1771.3(d).

Credit for Employer Payments California prevailing wage law requires the payment of per diem wages, which includes two components. The first component is the Basic Hourly Rate. The second component is the Employer Payments. Taken together, these two components make up the Total Hourly Rate which must be paid to each worker for any work performed on a public works project. Employer Payments Are a Credit Against the Obligation to Pay the General Prevailing Wage Rate of Per Diem Wages Contractors obligated to pay prevailing wages may take credit for amounts up to the aggregate total of all benefits, such as pension, health & welfare, etc., listed as prevailing in the applicable wage determination. Contractors are not limited to the individual amounts specifically listed under the various categories of benefits specified in a wage determination in taking credit for providing Employer Payments. Rather, the contractor may take a credit for the aggregate total of permissible Employer Payments made on behalf of the affected worker. For example, the Director’s current prevailing wage Determination (SC-3-5-1-2013-1) in Los Angeles County for the Craft of Asbestos Worker, Heat and Frost Insulator, in the Classification of Mechanic, reflects a Basic Hourly Rate $32.79, with permissible Employer Payments of $7.54 per hour (Health and Welfare), $7.68 per hour (Pension), $7.47 per hour (Vacation/Holiday), and one mandatory employer payment of $0.64 per hour (Training), which must be paid to the California Apprenticeship Council (“CAC”) or an approved apprenticeship program. The Sum of all these components ($51.30) is the Total Hourly Rate listed on the Determination. The aggregate total of permissible Employer Payments is $22.87. The permissible Employer Payment amounts listed here typically reflect the particular hourly benefit rates found in a collective bargaining agreement which the Director determined had established the prevailing rate for this craft and classification of work in this geographic area. Absent contractual obligations which may apply to a particular contractor, the total of $22.87 per hour may be paid by an employer in full or in part to any category of permissible Employer Payments, and the employer will be entitled to credit against the total prevailing wage obligation. Thus, an employer may choose to contribute $20 of the aggregate total to a private medical insurance plan or a pension plan for its workers and pay the remainder of $2.87 directly to the workers. Full credit will be to that employer for the medical insurance payments, and all of the payments added together ($35.66 to workers + $20.00 to medical plan + $0.64 to CAC = $51.30) would reflect compliance by this employer with the prevailing wage rate obligation. (WSB Electric, Inc. v. Curry (9th Cir. 1996) 88 F.3d 788.) This credit may be taken only as to amounts which are actual payments. (8 Cal. Code of Regs. § 16200(a)(3)(I).) No credit may be taken for benefits required to be provided by other state or federal law. (Labor Code § 1773.1(c).) For instance, a contractor may not take a credit against its prevailing wage obligations for benefits such as workers’ compensation, unemployment benefits, and social security and Medicare contributions. No Reduction of the Basic Hourly Rate California law prohibits the use of credits for Employer Payments to reduce the obligation to pay the hourly straight time or overtime wages specified as the Basic Hourly Rate in the general prevailing wage determination. (Labor Code § 1773.1(c) and 8 Cal. Code of Regs. § 16200(a)(3)(I).) Two legislatively created exceptions to this general rule are now found at Labor Code section 1773.1(c) and section 1773.8. Both exceptions are extremely limited in scope and are only applicable to increases in employer payment contributions made pursuant to criteria set forth in a collective bargaining agreement (“CBA”), and only if the specific statutory conditions listed in the Labor Code have been met. DLSE investigators will typically require a contractor claiming an exception under these sections to submit satisfactory evidence that the exception applies, including, but not limited to, a certified copy of the CBA upon which the exception is based, and to certify that the CBA’s terms applied to the workers identified on the contractor’s certified payroll records. Example: Basic Hourly Rate $ 25.00 Employer Payments $ 15.00 Total Hourly Rate $ 40.00 The contractor can comply with California prevailing wage laws by paying: 1.$40.00 per hour in wages; 2.$25.00 per hour in wages plus $15.00 in Employer Payments.

3. Any combination of the wages and Employer Payments so long as the Basic Hourly Rate is not less than $25.00 per hour and the Total Hourly Rate meets or exceeds $40.00 per hour. Different for Purely Federal Projects Under Davis-Bacon Act The California law restricting the reduction of the Basic Hourly Rate is distinct from the federal prevailing wage laws under the Davis-Bacon Act. The Davis-Bacon Act does not prohibit the crediting of employer payments or benefit contributions towards fulfilling the hourly wage rate listed in the contract wage determination on federally funded projects. Contractors performing work on projects which are governed by both the federal Davis-Bacon Act and the California prevailing wage requirements must, however, continue to comply with state requirements in order to be in compliance with California law. DLSE investigators may encounter this issue when dealing with contractors on public works projects which have mixed funding (both federal and state) or federally funded projects which are controlled or carried out by California awarding bodies of any sort. In both of these situations, the application of state prevailing wage rates when higher is required. (See 8 CCR § 16001(b).) Application to All Hours Worked Employer Payments must be paid for all hours worked, including overtime hours, unless expressly provided otherwise in the general prevailing wage determination. The general prevailing wage determinations specify the applicable daily, Saturday, Sunday, and Holiday overtime payment. Although the applicable overtime rates set forth in the determination include the Employer Payments, the overtime rate (for example, time and one half) is based upon the Basic Hourly Rate only. The Employer Payment is therefore excluded from calculating the applicable overtime premium due as overtime compensation. Example: An employee worked 12 hours in the workday as an Iron $22.00 in Employer Payments. The overtime rate for the first 2 daily overtime hours is $48.00 (one and one half (1½) times the Basic Hourly Rate of $32.00, or $32.00 + $16.00). The wages due for each overtime hour is $70.00 (the overtime rate plus Employer Payments, or $48.00 + $22.00). The wages due per hour for all other overtime is $86.00 (two (2) times the Basic Hourly Rate plus Employer Payments, or $64.00 + $22.00). The worker would be due. 8Hours at $54.00 ($32.00 +$22.00) $432.00 2Hours at$70.00 $140.00 2Hours at$86.00 $172.00 Total Wages Due $744.00* * This example is for illustration purposes. The general prevailing wage determinations specify the applicable Total Hourly Rates that must be paid to workers for straight time, overtime, Saturday and Sunday work, and there is no need for contractors to independently determine the hourly amount to be paid. Types of Employer Payments for Which an Employer May Take a Credit Against Its Prevailing Wage Obligations. The types of employee benefits recognized as Employer Payments under Labor Code § 1773.1 include payments for: (1)Health and welfare. (2)Pension. (3)Vacation. (4)Travel. (5)Subsistence. (6) Apprenticeship or other training programs authorized by Section 3093, so long as the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue. (9)Other purposes similar to those specified in paragraphs (1) to (8), inclusive.

How to Fill out the DAS 140 Correctly:If the total dollar value of a project exceeds $30,000, apprentice must be requested. The DAS-140 form is to be forwarded directly to an apprenticeship committee of the contractor’s choice, and a copy with verification of proof of submission uploaded into SDCRAA Labor Compliance Departments electronic system; LCP Tracker. Submit the contract award information in writing to each of the apprenticeship program sponsors in the locality of your public works project within 10 days of the prime execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed on the project. The DAS140 is simply a “notification of award” and is not automatically a request for dispatch of a registered apprentice. State regulations state a contractor on a public works project must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. Please follow up with the selected apprenticeship committee to confirm ‘Apprentice’ to ‘Journeyman’ ratio, as ratios do vary from trade to trade. All contractors must request ‘dispatch of an apprentice’ from an apprenticeship program (for each apprentice- able craft or trade) by giving the program notice of a minimum of 72 hours (business days only) before the date on which apprentices are required. Contractors who are not already participating in an approved program and who did not receive a sufficient number of apprentices from their initial request, must dispatch apprentices from all other apprenticeship committees within the locality, if more than one exists in the area of the public works project. What are the differences between box 1, 2, and 3 at the bottom of the DAS 140? Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member). Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee’s Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours. Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally, this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council. SELECTING BOXES: 1. Contractor has a signed “Agreement to Train Apprentice” with an affiliated (state certified) apprenticeship committee, the contractor has apprentices on staff and has the ability to train apprentices. a. Must provide a copy of the DAS7 agreement for verification OR a letter from the JATC or UNION stating that the contractor is approved to train apprentices. 2.Contractor is not currently affiliated with a state approved program, is selecting a committee, and requesting apprentice; will be abiding by committee’s standards. 3. Contractor will contact a committee and request an apprentice but is not obligating to maintain affiliation w/any-one committee; additionally, contractor will not commit to selected program committee standards but will follow state standards (most commonly used for out-of-state contractors). a. Per the DAS, this is not the preferred selection; however, the State is not requiring a contractor to join a program, just ensuring that apprentices are utilized on Public Work Projects.

PUBLIC WORKS CONTRACT AWARD INFORMATIONContract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO. NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED DATE OF EXPECTED OR ACTUAL START OF PROJECTNAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS OCCUPATION OF APPRENTICETHIS FORMIS BEINGSENT TO: (NAME &ADDRESSOFAPPRENTICESHIP PROGRAM(S))ESTIMATED NUMBER OF APPRENTICEHOURS APPROXIMATE DATES TO BE EMPLOYED This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below 1. We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. Signature Typed Name Title Date DAS 140 (REV. 1/04) Stateof California- Departmentof Industrial Relations DIVISION OFAPPRENTICESHIPSTANDARDS

AGREEMENT TO TRAIN APPRENTICE District No. DAS File No. NAME OF EMPLOYER MAILING ADDRESS (STREET AND NUMBER) CITY STATE ZIP CODE TELEPHONE NUMBER ADDRESS OF TRAINING LOCATION (IF DIFFERENT)OCCUPATION(S) O*Net CodeNAME OF APPRENTICESHIP COMMITTEE AND STANDARDS AREA COVERED BYAPPRENTICESHIPSTANDARDSor NAME ANDADDRESS OF PROJECTTHE OFFICIAL, whose signature follows, agrees on behalf of the above-named employer to train apprentices in the designated occupation in accordance with the apprenticeship standards and apprentice agreement and to comply with the provisions thereof. [SIGNED] By Printedname Title Date THE APPRENTICESHIP COMMITTEE accepts and approves the employer as qualified to train apprentices under its standards in the designated occupation. [SIGNED] By Printedname Effectiveuntil: Revoked End of Project(Enter project Title Date name and address in Area Covered above) Date Accepted: Date DIVISION OF APPRENTICESHIP STANDARDS Other Specify REMARKS: [SIGNED] By Date Apprenticeship Consultant STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS DAS 7 (REV 11/09)

EFFECTIVEDATE

MUST be signed by both Committee and DAS prior to submission State of California -- Department of Industrial Relations --DIVISION OF APPRENTICESHIP STANDARDSAPPRENTICEAGREEMENTAPPRENTICE LAST NAME,FIRSTNAME MIDDLESOCIAL SECURITY NUMBERAPPRENTICE ADDRESS (NUMBER AND STREET / CITY, STATE&ZIP)BIRTHDATE(mm/dd/yyyy) F - VETERANYes: No:COUNTY OF RESIDENCEOCCUPATIONO*NetcodeTERM OF APPRENTICESHIPHoursWithin YearsSTRAIGHTTIMEHours per day: 8 Hours per week: 40This agreement is between the above-named apprentice employed by the below named employer, andPROGRAMSPONSORAGREEMENT: The undersigned parties mutually agree that they will use their best endeavors to secure employment and training for the apprentice. The apprentice agrees to perform satisfactorily all work and learning assignments. The provisions of the Apprenticeship Standards for the above occupation adopted by the program sponsor and approved by the Chief of the Division ofApprenticeship Standards are hereby made a part of this agreement. An official copy of the standards is on file in the headquarters of the Division of Apprenticeship Standards. This apprentice agreement will continue in effect until the training is completed or otherwise terminated in accordance with the standards.The apprentice commences participation under these standards on the date of execution of this agreement by the Apprentice. The signatory apprentice is credited with having months toward completion of the term of apprenticeship. The apprentice is expected to complete training on or about , 20 , upon satisfactory completion of the total remaining hours of on-the-job training and hours and/or units of related and supplemental instruction.APPRENTICE:I, the undersigned apprentice, understand and agree that there is a valid and reasonable necessity that those academic records accumulated throughout related and supplemental instruction during my period of apprenticeship be made available to the apprenticeship committee. Further, I agree to release to the apprenticeship committee any other academic records which I feel may enhance my status as an apprentice.I, the undersigned apprentice, hereby request that the Administrator of Apprenticeship terminate any other apprenticeship agreements in which I am currently registered.Executed this day of , 20 by DAY MONTH YEARSIGNATURE OF APPRENTICEAGREED TO BY THE EMPLOYERSIGNATURE OF PARENT OR GUARDIAN (IF APPRENTICE IS 16 OR 17)SIGNATURE OF EMPLOYER OR ITS REPRESENTATIVE TITLEAGREED TO AND APPROVED BY, FOR THE COMMITTEESIGNATURE -- SECRETARY / CHAIR / COORDINATOR DATEACCEPTED BY DASfor unilateral programs only] This agreement is approved bySIGNATURE -- APPRENTICESHIP CONSULTANTDATEfor the Administrator of ApprenticeshipDAS 1 (REV. 4/12)APPRENTICEAGREEMENT ABCDEOfficialUseGenderEthnicDependentsEducationYrsEmploySTATUSD.O.FILENUMBER

ADDRESSNAME OF EMPLOYER

CALIFORNIAAPPRENTICEQUESTIONNAIRE (USE INK OR BALLPOINT PEN) A. Gender Male Female (Cal. Code of Regulations, Title 8, Ch. 2, Sec. 215 C. Number of Dependents (Do not count yourself)0 None 4 Four 1 One 5 Five 2 Two 6 Six of More 3 Three (Vol ntar )B. Ethnic or Race Derivation (Check only one) 1 WHITE (Not of Hispanic Origin) -- A person having origins in any of the original peoples of Europe, North Africa or the Middle East. 2 BLACK (Not of Hispanic Origin) -- A person having origins in any of the Black racial groups of Africa. ASIAN OR PACIFIC ISLANDER -- A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands. The area includes, for example, China, Japan, Korea and Samoa. A Asian Asian Indian B Asian Bangladeshi C Asian Chinese D Asian Cambodian 6 Asian Filipino E Asian Hmong I Asian Indonesian J Asian Japanese K Asian Korean L Asian Laotian M Asian Malaysian P Asian Pakistani R Asian Sri Lankan T Asian Taiwanese U Asian Thai V Asian Vietnamese F Native Hawaiian Fijian G Native Hawaiian Guamanian H Native Hawaiian Hawaiian S Native Hawaiian Samoan W Native Hawaiian Tongan 4 AMERICAN INDIAN OR ALASKAN NATIVE -- A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or community recognition. HISPANIC -- A person of Mexican, Puerto Rican, Cuban, South 7 Central American or other Spanish culture or origin, regardless f D. Highest Yearof Education Completed 1 8th Grade or less 6 1 Year of College 2 9th Grade 7 2 Years of College 3 10th Grade 8 3 Years of College 4 11th Grade 9 4 or more Years of College 5 12th Grade (or GED Certificate) (Cal.Labor Code,Ch. 4,div.3, Sec. 3076.3)E. Number of Years You Have Been Employed Full Time to Date (Except for Military Service) 0 None 1 Less Than 1 Year 2 1 But Less Than 2 Years 3 2 But Less Than 3 Years 4 3 But Less Than 4 Years 5 4 But Less Than 5 Years 6 5 Years or More (V l t )F. Have You Served on Active Duty (other than reserve status) in the U. S. Armed Forces? Yes No If yes, Please Enter: Month and Year Entered Month and Year Separated Total Months served on Active Duty Apprentice's Signature TO THE APPRENTICE: California Civil Code Sec. 1798.17 requires State agencies which collect personal information to indicate the authority under which the data are requested. If personal information not specifically authorized by law is requested, individuals must be informed that supplying the information is voluntary. It also provides that state agencies may change or modify records at the request of the individual. Questions C and E below are voluntary. All others are authorized by law, as indicated by the reference in each section. If the authorized questions are not answered, the apprentice agreement cannot be accepted. The Division hopes, through collection of this data, to improve the apprenticeship program both for those presently enrolled and for future apprentices. Thank you.

REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORMDO NOT SEND THIS FORM TO DAS You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyman work, you must request and employ apprentices in no less than 8 hour increments. Date: Contractor Requesting Dispatch:To Applicable Apprenticeship Committee: Name: Name: Address: Address: License No. Tel. No. Fax No. Tel. No. Fax No. Project Information: Contract No. _ Name of the Project: Address: Dispatch Request Information: Number of Apprentice(s) Needed: Craft or Trade: Date Apprentice(s) to Report: (72 hrs. notice required) Time to Report: Name of Person to Report to: Address to Report to: You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or visit http://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm DAS 142 (Revised 04/14)

Documents Required During the Life of the Construction Project 1. CAC-2- Training Fund Contribution Form: a) All Contractors must submit a CAC-2 Form monthly for the prior month’s hours. b)This form is now available to be filled out on the DIR website. The previous CAC- 2 form is to be disregarded. CAC-2 forms must be done electronically. The link is as follow: https://www.dir.ca.gov/das/tf/cac2.asp. You must enter all requested information in order to ensure successful submission and processing of your payment. You will need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session that you will upload in to LCPtracker.net and send with your payment when mailed. The address is as follows: State of California Department of Industrial Relations California Apprenticeship Council P.O. Box 511283Los Angeles, CA 90051-7838 c) If applicable and fringes are paid directly to an approved JATC or Union Shop, please state so and fill out on the Training Fund Contribution Union Contractor form that is provided and available to be downloaded on LCPtracker. Filled out forms are uploaded into LCPtracker.net under the e- Documents tab. 2. Training Fund Contribution Letter Form: a)All Contractors must submit a Training Fund Contribution Letter monthly for the prior month’s hours. b)If applicable and fringes are paid directly to an approved Union Shop, please submit the Union Status Letter stating that the Contractor is up to date with all fringe and training fund contributions for the requested month. The letter should specify the month, project name, and project number. c) If you can’t provide a letter and the DAS has not been updated with your contribution at Contractor may provide a copy of a cancelled check submitted to the proper JATC or the DAS with the amount that matches that on the CAC-2. You may check the status of your contributions submitted to DAS online at: http://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html. This may also be submitted in lieu of the Training Fund Contribution Letter.

3. Certified Payroll Reports CPR’s and/or Non-Performance Reports:a)To be submitted by all Contractors working on the project to the City of Sacramento and the Department of Industrial Relations Electronic Certified Payroll Records site. b)The reports submitted to the City of Sacramento are submitted through the contracted electronic reporting program, LCPtracker.net, which can be found online at www.lcptracker.net.If you don’talready have a user name and password for this website, please contact your labor compliance officer with the City of Sacramento to be set up. c) The Electronic Certified Payroll Records for Contractors can be found at the following link: https://apps.dir.ca.gov/ecpr/DAS/AltLogin d) Submit CPR/NPR weekly; starting (10) calendar days after the close of your pay period. This is when you begin onsite/offsite “craft” labor. This may mean you have weeks in between work on a particular job. NPR’s will need to be submitted for that timeframe. 4. Apprenticeship Certification and/or Apprentice Agreement: a)The first time an apprentice is listed on a certified payroll report an “Apprenticeship Certification” or Apprentice Agreement (DAS-1 form) must be submitted for each apprentice utilized. b)Please upload the Apprenticeship Certification or DAS-1 form in the e- Documents section of LCPtracker.net, add the apprentice ID and pertinent information under the employee information and notify the labor compliance officer in your department that approval is need prior to certification of payroll. 5. Miscellaneous Documents: a) Authorization for Deductions: i. Voluntary deductions require an Authorization for Deductions form; garnishments require a copy of notice (redact personal information). A form has been provided on LCPtracker to address other deductions that are recorded on the Certified Payroll Reports submitted. b) Receipt for Payment of Back Wages: i. For use when wage errors require supplemental wage payment (s).

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0 CAC - Training Fund Contributions You must enter all requestedinformation in order to ensure successfulsubmission and processing of your payment. Training Fund Contributions are due on the 15th of each month.All fields with· are required If there is no work for a particular month you do not need to submit a CAC2 form with zero amount for that month. You must use the BUTTONon the bottom of the page to submit for an invoice coupon TO NAVIGATE BETWEEN FIELDS, DO NOT HIT RETURN OR ENTER KEY AFTER EACH ENTRY USE THE TAB KEY INSTEAD You need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session so that you can mail it with your payment CLEAR FORM Training Fund Contributions Form CAC2 Date: S/17/2016 ContractorfSub Contractor making contributions * Name: Contractor * License Number Period covered by contribution (from-to) • PeriodStart Jobsite Location(including County) If applicable, give name of school, hospital, building, etc • Address: • ContracUProject Number • Penod End:Comments "City: (MMIDD/YYYY) "Stat6 " Name of the submitting party: • Submitter's Title: * Submitter's Email: *Submitter's Phone: e.g., (999) 999-9999 Instructions: You may want to use the keyboard TAB key to navigate the fields and the Up fl I Down V ARROW keys to select a list item • County of Work • Classification1... Hours • Rate Amount "1) I Select a county . I Select an occupation ..-(min.: 0.5; max: 9 999.99) (min.: 0.01; max: $9.99) $ 0.00 2) I Select a county I Select an occupation • $ $ 000 3) I Select a county I Select an occupation " $ $ 000 4) I Select a county I Select an occupation ..- $ $ 0.00 5) I Select a county I Select an occupation • $ $ 000 6) I Select a county I Select an occupation ..- $ $ 000 7) I Select a county I Select an occupation ..- $ $ 0.00 8) I Select a county I Select an occupation • $ $ 000 9) I Select a county I Select an occupation ..- $ $ 0.00 10) I Select a county I Select an occupation ..- $ $ 0.00 11) I Select a county I Select an occupation • $ $ 000 12) I Select a county I Select an occupation ..- $ $ 0.00 13) I Select a county I Select an occupation ..- $ $ 0.00 14) I Select a county I Select an occupation • $ $ 000 15) I Select a county I Select an occupation ..- $ $ 0.00 16) I Select a county I Select an occupation ..- $ $ 0.00 17) I Select a county I Select an occupation • $ $ 000 18) I Select a county I Select an occupation ..- $ $ 0.0019) I Select a county ISelect an occupation • $ $ 000 20) I Select a county ISelect an occupation ..- $ $ 0.00 Footnote 1 - If you are unable to locate the occupation m the pull down menu, please click on this link: http://Www.d1r.ca.gov/databases/das/pwaddrstart.asp for specific information assistance. TOTAL AMOUNT: $ 0.00 When done with some or all the entries above, please carefully review and then enter the green code you see below: Calculate Total Amount August 2014

The electronic submission of the CAC-2 Form is to be used in place of the previous CAC-2 Form that wassubmitted on LCPtracker. This form can be retrieved at:https://www.dir.ca.gov/das/tf/cac2.asp.You needto have a working printer currently connected to your computer in order to print the complete paper form in the end of this session so that you can mail it with your payment. Payments are to be mailed to Stateof California, Department of Industrial Relations, California Apprenticeship Council, and P.O. Box 511283, Los Angeles, CA 90051-7838

Please use a separate form for each jobsite, listing the occupations for the jobsite and dollar amount paid for each classification. Once checks have been sent to the appropriate JATC please upload this form to LCPtracker under the e-Documents tab. A letter from the specific JATC or Union specifying that the required Training fund contributions and Fringe Benefits were paid will be accepted as proof of payment. TRAINING FUND CONTRIBUTIONS VERFICATION FORM UNION CONTRACTORS **Training Fund Contributions are due on the 15thof each month** PLEASE TYPE OR PRINT IN BLACK OR BLUE INK. ALL FIELDS MUST BE FILLED IN TO ENSURE COMPLETION OF LABOR COMPLIANCE REQUIREMENTS. NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER CONTRACT OR PROJECT NUMBER JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE - GIVE NAME OFSCHOOL, HOSPITAL, BUILDING, etc.NAME AND ADDRESSOFPUBLIC AGENCY AW ARDING CONTRACTPERIOD COVERED BY CONTRIBUTION (FROM - TO)CLASSIFICATIONS OF W ORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC). COUNTY WORK PERFORMED IN ALL HOURS CONTRIBUTION RATE PER HOUR AMOUNT TOTALIF APPRENTICES WERE EMPLOYED, PLEASE LIST THE APPRENTICESHIP PROGRAM AND NUMBER OF APPRENTICE HOURS WORKED TYPE OR PRINT YOUR NAME AND TITLE DATEEMAIL AREA CODE & TELEPHONE NUMBERCAC 2 Union Contractors (rev.10/14) TRAINING FUND CONTRIBUTIONS

Project Name: Project Number: Employee Name: AUTHORIZATION FOR PAYROLL DEDUCTION 1) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date: 2) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date: 3) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date: 4) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date: 5) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date: 6) Reason for Deduction: Percentage/Amount of Deduction: Frequency of Deduction: Termination Date:
% OR $$ Start Date % OR $$ Start Date % OR $$ Start Date % OR $$ Start Date % OR $$ Start Date % OR $$ Start Date Use additional copies of this form if necessary. I authorize (Employer): to process the deductions from my payroll as noted above. Employee Signature: Date Signed: Instructions: 1) Submit into LCPtracker 2) Keep signed originals

Contractors Certificate of Completion – Form 264 To be completed by the Prime Contractor at time of completion. Project Name & Number Contractor Name I, (Name), (Title) of (Company Name), declare under penalty of perjury that: I know of my personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the contract drawings and specifications. The contract work is now complete in all parts and requirements, and ready for your final inspection. I understand that neither the determination by the Engineer-Architect that the work is complete, nor the acceptance thereof by the City, shall operate as a bar to claim against the Contractor under the terms of the guarantee provision of the contract documents. Executed this day of 20 , at , California. Signature Title Date

Checklist of Documents Required for Labor Compliance on LCPtracker.net PW300 - This is due and needs to be uploaded prior to start of work. If any changes are made or substitution of sub-contractors are approved a new form should be uploaded and Labor Compliance should be notified. Authorization Letter for Signing Certified Payroll-This is due prior tothe submission of the first Certified Payroll Report and must be signed. Checklist of Labor Law Requirements - prime due this on or before starting the start of work on the jobsite, subs need to have this finished prior to starting work on the job. All boxes must be checked, and it must be signed. Fringe Benefit Statement - due with first CPR and must be submitted for each subcontractor as well. ALL FRINGES TO BE REPORTED WITH HOURLY AMOUNT. DAS140 - due prior to commencing work on a project (one for each determination) DAS142 - due 72 hours prior to the report date on a project (one for each determination) CAC2 - due monthly- one for each determination (due on the 15th day of the month for work performed during the preceding month) If Union Contractor please upload for with amounts paid and where money was paid to even if it is not the CAC. Training Fund Contribution Confirmation Letter – this is due monthly for the duration of the project. Both CAC-2 and Training Fund Contribution Letters are to be uploaded to LCPtracker.net. CPR’s- Certified payroll is due within 10 days of pay period end date LCPtracker.net phone support is available via live chat through their website, by phone at (714) 669-0052 Option 4 (if they do not pick up please leave a message and they will get back to you. All calls are logged in with a date and time, but if you don’t leave a message you will not get a phone call back) and by E-mail at [email protected]. To assist those at support please include your User ID, a direct call back number, contact name and a brief description of the issue you are facing. All forms are available under the e-Documents tab on LCPtracker. It is best practice to use the forms that have been provided to you under that e-docs tab to increase efficiency in processing pay request and remain compliant.

Helpful Links and Contact Information Department of Industrial Relations (DIR): Web-Link:http://www.dir.ca.gov/ Contact DIR: http://www.dir.ca.gov/Contactus.html Division of Labor Standards Enforcement (DLSE): Web-Link:http://www.dir.ca.gov/dlse/dlsepublicworks.htmlDivision of Apprenticeship Standards (DAS): Web-Link: http://www.dir.ca.gov/das/das.html Apprentice Certification: Web-Link: http://www.dir.ca.gov/das/appcertpw/AppCertSearch.asp CAC Public Works Training Fund Contributions: Web-Link:http://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html California General Prevailing Wage Determination: Web-Link:http://www.dir.ca.gov/OPRL/pwd/(Journeymen) http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp (Apprentice) Davis Bacon Wage Determination Rates: Web-Link:http://www.wdol.gov/dba.aspx Public Works Information- Frequently Asked Questions: Web-Link:http://www.dir.ca.gov/das/publicworksfaq.html LCPtracker.net Web-link:https://lcpprod.lcptracker.net/Lcp/WebForms/Login.aspx Support Phone Number: 714-669-0052 Option 4 E-mail: [email protected]

THINGS TO REMEMBER:Labor Compliance Forms due Prior to Work Beginning (Prime and all Sub Tier Contractors) 1) Authorized Letter for Signing Certified Payroll(Original signature required) 2)List of Trades and/or Crafts3) PW-300-List of all sub-contractors and suppliers. (This must be updated if changes occur and all contractors listed must have a DIR registration number prior to commencing work on the project. 4) Checklist of Labor Law Requirements- (All boxes checked and signed)5) Public Works Contract Award Information (DAS 140)(With verified proof of service)6)Request for Dispatch of an Apprentice (DAS 142)(With verified proof of service)7) Fringe Benefit Statement Form-(For Each Determination) (Due before first Certified Payroll and then only when a change occurs) 8) Authorization for Payroll Deduction (Original signature required) (Deductions other than standard deductions must be authorized by the employee) Labor Compliance FormsDue Weekly: • Certified Payroll Form (LCP Tracker Electronic Payroll and upload of payroll to DIR website) • Statement of Compliance (LCP Tracker Electronic Payroll) • Statement of Non-Performance (Due when work is not performed once on job- site) Work over 8 hours in a day or 40 hours in a week must be paid at the overtime rate. Refer to wage determination that is provided by the DIR for the applicable rate. Certified payroll records must be numbered consecutively, starting with the first week work is physically performed on site Last certified payroll must be marked “FINAL”. Training Fund Contribution formsare duemonthlybeginning immediately after work has been performed on site. Single Asterisk (*): Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. Double Asterisks(**): The rate to be paid for work performed after this date has been determined. If work will extend past this date the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703- 4774. Employee Interviews on job site: Interviews are done to obtain information to verify correct wages are being recorded on the certified payrolls for the given craft/classification and to ensure contract compliance.

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ContractorQuick-Start Guide
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CONTRACTOR QUICK STARTGUIDEHere at LCPtracker (Labor Compliance Program Tracker), we are aware that using a Prevailing wage software may be a new undertaking for many Contractors. We have designed this guide to explain what LCPtracker is used for and how to start using the software.LCPtracker has been in business since 2001, and we are constantly changing to better suit your labor compliance needs. LCPtracker is used by over 200 Government Agencies and 55,000 Contractors.LCPtracker is an online, cloud-based software company that provides users with the proper tools to easily ensure that each contractor is meeting prevailing wage guidelines as well as to easily create the detailed reports that can be required by agencies like the United States Army Corp of Engineers or the FHWA.Whether it’s Davis-Bacon laws that are set by the United States Department of Labor (USDOL), California prevailing wages set by the Department of Industrial Relations (DIR), or any other labor laws set by a specific state or local government agency, LCPtracker makes iteasy to guarantee that every Contractor is compliant.HOW DOES IT WORK?The LCPtracker service is a paperless, online system of entering Certified Payroll Reports (CPRs). Payroll data may be entered directly into the system, or uploaded from major construction accounting systems or payroll programs. This service eliminates the need for Contractors to submit paper documents and forms while providing an online database that stores all CPRs.All contract-specific wage rates, fringe rates and worker crafts/classifications are online within the system, and Contractors may then select craft/classifications from a drop-down menu.Potential errors in wage rates or work classification entries are flagged to Contractors preemptively, allowing them to correct data prior to submittal. (This is contingent on how the Agency sets up their project validations.)A few of the immediate benefits experienced by using LCPtracker are:All Contractor reports are available instantly to Contractors in hardcopy and electronic format.No need to mail in paperwork! Payrolls will be submitted electronically.There is no cost to Contractors for this service or for online training and we have a dedicated Support staff available Monday through Friday from 5:00am until 5:30pm PST.

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CONTACTING LCPTRACKER SUPPORTContractors may access the various options for training after receiving a User ID and password, which will be sent by a “no reply” email address from LCPtracker (i.e., [email protected].) This email, with login instructions, will be sent to Contractors once they’re assigned to an account in LCPtracker by your Agency or Prime Contractor. Every Contractor account is created by the Agency or their Prime Contractor. Complete and full support is offered directly to Contractors by LCPtracker for any technical questions on the use of the software.Contact LCPtracker Support714-669-0052 option 4; [email protected];orLive ChatIf you send the Support Team an email or prefer to leave a voice message, LCPtracker asks that you include the information listed below. (Because of the high number of users stored within LCPtracker, we cannot look up your account with only your company name or project you are working on.)Your Company NameYour User IDYour Name and Phone NumberWhat the Issue is – please be a specific as possible so we can re-create the issueLCPTRACKER TRAINING OPTIONSContractors may access the various options for training after receiving a User ID and password. An email with login instructions will be sent to Contractors once they are assigned to an account in LCPtracker. Every Contractor account is created by the Agency or their Prime Contractor.

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ADD/EDIT EMPLOYEETo add an employee into system or edit someone already in system, click on Set Up and thenAdd/Edit Employee.Add / Edit Employee InformationThis section is used to enter Contractor employees and their personal information. Enter theappropriate employee information in the data fields. Tab key or mouse click to move between fields. Any RED asterisk field is required by the Agency, and the system will not save unless the information is entered in the required fields.Default Hourly Paid Fringes (As paid to Fund on behalf of employee)This section is known as a “time saver”. You may wish to fill in the hourly fringe rates in this section. This will allow for ease of use when entering payroll records manually, as you will be able to click the “calculate fringes” button on the Payroll Entry screen, and the system will perform the mathematical calculation of the hourly fringes multiplied by the hours worked. (Keep in mind that if you have any predetermined increases, or your Union updates once a year, you will need to come back to this section and update your fringes accordingly.)If you have multiple projects with different fringe rates, built in increases, or everyone has the same fringes and you only want to enter those dollar values once, you may wish to skip this section and use the Fringe Benefit Maintenance table to enter your hourly fringe rates into system. (Note that any fringe amount entered in this section will supersede the fringe amount entered in that time saver section of the employee setup.)

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Default Other Deductions NotesAny deduction that is permissible according to the USDOL or your Agency (such as IRS garnishments, child support, a company loan, etc.) would fall under this “other” deduction section. Any amount listed in “other” will then dictate that “other deduction notes” is required. You can always come back and add/edit the employee and enter value in this section to save yourself time.1. PAYROLL RECORDSThere are five methods of payroll entry available to all Contractors:1. Copy Payroll feature in LCPtracker2. Upload from a payroll system export file3. Upload from the Excel spreadsheet4. Direct Payroll Subscription / Interface (DPI)5. Manual entryWe will be discussing manual entry in detail below, but here is some information regarding the other four:1. COPY PAYROLLThis option is only available if you have already completed a week of payroll. Once you’re in the Payroll Records tab, simply click on the “Copy Previous Payroll” button, select your project, then select the CPR you’d like to copy.2. UPLOAD FROM A PAYROLL SYSTEM EXPORT FILEFrom the Payroll Record tab, click on the “Upload Records” button. Further click on the “Accounting Systems” button, and you will see a partial list of the payroll companies that we have partnered with to create a payroll interface, or export file. To see a complete list of payroll interfaces available, please visit www.lcptracker.com, and click on Partners>Payroll Interfaces. If you do not find your payroll company, and would like to see if there is an opportunity to partner, please fill out the informational form listed under the “Upload Records” section and someone from LCPtracker will contact you.

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You can click on the name of your payroll company, and you will either find a list of directions on how to obtain your export file, or you will see a request that you contact your payroll company directly for instructions on how to obtain that export file.Once you have it, you can use it to upload your CPR from that “Upload Records” button. For more information, feel free to either contact Support, or look in the Training Materials section for more detailed instructions.3. UPLOAD FROM THE EXCEL SPREADSHEETLCPtracker has an Excel spreadsheet template available for you to download in the same “Upload Records” section mentioned above. There is a legend as well as instructions available on the Excel template.You can manually enter info into this Excel spreadsheet, or you can confer with your IT department to see if they can utilize this spreadsheet to create a report out of your existing payroll system.

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4. DIRECT PAYROLL SUBSCRIPTION / INTERFACE (DPI)This is another option available to Contractors who would prefer to not enter their CPRs manually, do not want to use the Excel spreadsheet, and do not use a payroll company that LCPtracker partners with. You can choose to have LCPtracker map your existing payroll so that you may use it (as a PDF or .CSV file) as an upload file. Once you have it, you can use it to upload your CPR from that “Upload Records” button.For more information, feel free to either contact Support, or look in the Training Materials section for more detailed instructions.5. MANUAL ENTRYYou will enter a record each week for every employee that performs work covered by prevailing wages on their project. If your employee works in more than one classification (i.e., they’ve worked 20 hours as a Carpenter and 20 hours as a Power Equipment Operator) please enter two separate pay records to show that they are being paid according to the work performed.

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AMOUNTS PAID (top section of the Payroll Record Entry Form)Enter the appropriate amounts in the appropriate sections. Keep in mind this is just a transfer of historical data from your already existing payroll records.Gross Employee Pay This Project – The amount of basic wages paid for this project only. This is typically the hourly rate of pay multiplied by the hours worked (it could be more complex with overtime figured in).Wages Paid-in-Lieu of Fringes – The amount paid to the employee instead of fringe benefits paid to a plan, fund or program. This amount is sometimes included in the Gross Employee Pay this Project depending on the accounting system and the agency reporting requirements. (Whether you are a Union Shop or Open Shop typically determines whether you pay these required fringes to an approved plan, fund or program, or pay them directly to the employee in cash.) This amount would be the rate-in-lieu of Fringes multiplied by the number of hours worked.Rate-in-lieu of fringes – The hourly rate paid-in-lieu of fringes. If you pay your employees directly for the required fringe benefit instead of paying into an approved plan, fund or program, please list the hourly rate paid here.Base Hourly – The hourly rate of pay not including fringes. Some accounting systems include taxable fringes and fringes paid-in-lieu in this amount, do not include those in this field.Overtime Hourly – The hourly rate of pay multiplied by a factor of 1.5. Do not include fringe benefits in this equation, unless specifically called for by your Agency.Doubletime Hourly – The hourly rate of pay multiplied by a factor of 2. Do not include fringe benefits in this equation, unless specifically called for by your Agency.

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CLASSIFICATIONSThis section lists the craft and classification that your employee worked on your project and will be paid for. If you mistakenly choose the wrong classification on the original entry page, you may change it here by clicking on the Edit button. (Please remember that if your employee worked in more than one classification within this work week, you will need to enter a separate payroll record for that classification.)HOURS WORKED EACH DAY FOR THIS PROJECT ONLYEnter the hours worked each day. The first row is for regular time worked, the second row is for overtime worked and the third row for is for double time worked. You ONLY enter hours worked on this prevailing wage job for this week. The system will total each type of hours worked, the days worked and the week under the totals hours column.FRINGES/CONTRIBUTIONS PAID TO OTHER (NOT EMPLOYEE) FOR THIS PROJECT ONLYYou may utilize this section in two different ways:1. Auto calculate2. Manual entryThe first is by simply clicking the Calculate Fringes button so that the system automatically calculates the fringe benefit rates paid. This only works if you filled out the hourly fringe benefit rates in the Add/Edit Employee screen (or the Fringe Benefit Maintenance section, also available in the Set Up tab). This function multiplies the hours worked times the fringe benefit rate to get the values.The second way is to manually enter the total amounts paid per section (Vac/Hol/Dues, Health & Welfare, Pension, etc.) from your payroll register or paystubs. Mark the appropriate check boxes as required. If they are checked in the Add/Edit Employee setup then that value carries over.

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PAYCHECK – DEDUCTIONS, PAYMENTS AND NOTES(values entered in this section apply to all hours worked on all projects during the week.)Deductions - the Total Deductions box will add as you enter values in the taxes, other deductions, Vac/Dues and Savings fields.Other Deduction - this field is for permissible deductions that do not fall into the other available fields. If you put an amount in the Other deductions field, an Other Deduction Note will become required.Trav/Subs - this field is for travel or subsistence paid to your employee. This amount does figure into the mathematical calculation that the system to ensure that Gross and Net pays are correct.Gross Pay All Projects – the gross amount on the paycheck for the week including all projects worked.Paycheck Amount – this is also referred to as Net pay. This is the actual amount of pay the employee received.Check Number – you have the option of putting different information in this field. If you hand out actual checks to your employees, please enter the check number in this field. If you utilizedirect deposit and no check numbers exists, enter “DD”.

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Payment Date – this is the actual date of the paycheck. Not all Agencies require this field.Notes – this is a section that allows you to communicate anything out of the ordinary that you would like your Agency to know.Other Deduction Notes – if you entered a permissible deduction in the above-mentioned field, then you will be required to leave a note describing that deduction. Please remember to be transparent in your notes entered. We recommend that you list what the actual deduction is, and not write “other deduction” or “N/A”.WHEN YOU HAVE COMPLETED ALL THE ABOVE-MENTIONED FIELDS, CLICK SAVE.SAVE WITH NO NOTICESWith a successful save you will get this message:SAVE WITH NOTICESIf you do not get this message, look for the RED message on the screen. You may have to scroll up or down on the payroll record to see what you have missed that may be a required field.

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2. NOTICESOnce you have entered all payroll records for the week, you should go into the Notices tab to check and see if you have any payroll Notices. Your records have been saved: perhaps there are issues ranging from forgetting to add an employee ID or phone number to forgetting to enter the Gross Employee Pay This Project field at the top of the Payroll Record Entry screen.If you have an employee who shows up in this screen, you will need to clear that notice.To clear your notice, click on the Edit button to the right of the employee name. From there, you will be taken back into the Payroll Record Entry screen. Scroll down the bottom and you will see detailed notes on exactly what your notice is.If you do not understand the notice, you have options on how to get help. You can click on the Video Assistance “Play Now” button and you will see a video that explains what the notice is and how to address it, or you can contact our Support department and they will assist you.You must clear all notices to certify your payroll.3. CERTIFICATIONYou are almost finished, and now it’s time to certify your payroll. You will do this for each week beginning when you first start work on your project until the last week on the project.You have three options available to you when you certify your payroll:Certify a payroll for a week during which work was performedCertify a payroll for a week during which no work was performed (non-work week payroll)Certify a payroll for multiple consecutive weeks during which no work was performed

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CERTIFICATION WIZARD, STEP 1 OF 2To certify your payroll:Choose your projectChoose the type of payroll you are certifyingChoose your week ending date (if you choose multiple consecutive weeks, you will enter the start date and the last date)Enter your name as the person certifying your payrollEnter your titleClick nextCERTIFICATION WIZARD, STEP 2 OF 2You are now seeing your Statement of Compliance (SOC) portion of your certified payroll report. You are just a few clicks away from certifying your payroll.You now need to denote how you pay your fringe benefits (if you do both, you may choose both):4a – paid into an approved plan, fund or program4b – paid in cash to the employee4c – section to note any exceptions you might have, per craft/classification.If you have any final remarks that you’d like to leave for your Agency, there is a section available to you to do so. Note: this field is mandatory is you are recertifying a CPR.You may also click on a checkbox to note if your CPR is a final.Lastly, you will put in your eSignature and click Save. This completes your CPR, and it will pop up in another window so long as you have your pop-up blocker turned off. (If you forget your e-Signature, go back to the Set Up tab, edit your eSignature, and then go back to the Certification Tab and follow the above procedures again.)You have now completed certifying your payroll.Your CPRs are electronically sent to your Administrator, and unless otherwise specified, there is no need to send or print out a hardcopy unless you would like to do so for your own records.

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Remember that your CPR’s will always be stored in your account to access at any time, so you may decide not to print out hardcopies.CALIFORNIA DIR XML UPLOAD If you perform work on a California Public Works project, you also need to upload your payroll to the Department of Industrial Relations (DIR) eCPR system. Once you’ve certified your payroll, you can download the DIR XML file to upload.Instructions to find and upload this file:Click on the Projects tabClick on the Certified Payrolls tabLocate the week ending payroll file you needClick on the DIR XML button (make sure your pop-up blockers are off)Save this file to your desktopUpload into the DIR eCPR systemWASHINGTON L&I XML UPLOAD Beginning in January 2020, weekly certified payroll reports are required to be filed online with Washington State Department of Labor and Industries, or WA L&I, at least once a month for all public works projects. Once you’ve certified your payroll, you can download the WA L&I XML file to upload.Instructions to find and upload this file:Click on the Projects tabClick on the Certified Payrolls tabLocate the week ending payroll file youneedClick on the WA L&I XML button (make sure your pop-up blockers are off)Save this file to your desktopUpload into the WA State PWIA portal

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ILLINOIS DOL EXPORT UPLOAD Beginning in September 2020, weekly certified payroll reports are required to be filed online with the Illinois Department of Labor, or IDOL, by the 15th of each month for all state-funded public works projects. Once you’ve certified your payroll, you can download the IL DOL XML file to upload.Instructions to find and upload this file:Click on the Projects tabClick on the Certified Payrolls tabLocate the week ending payroll file you needClick on the IL DOL Export button (make sure your pop-up blockers areoff)Save this file to your desktopMake any manual additions/adjustments to the CSV fileUpload into the IDOL portalShould you find that you have any further questions, please consult either the Contractor User Manual or call our Support department.Contact LCPtracker Support714-669-0052 option 4; [email protected];orLive Chat