Cities Index.
Item 07 2024-01838 Contract Award - Franklin Boulevard Complete Street (T15165500) [Published for 10-Day Review on 11.08.2024] -- PART 2

Sacramento City Council
November 19, 2024

Document
Item 07 2024-01838 Contract Award - Franklin Boulevard Complete Street (T15165500) [Published for 10-Day Review on 11.08.2024] -- PART 2
Meeting
November 19, 2024
Body
Sacramento City Council
Pages
6
Original file
31.0 MB
Text extracted from the city's file for reading and search. Open the original on sacramento.granicus.com. That file is the official record.

S
ECTION NO. 16 - LABOR COMPLIANCE

LABOR COMPLIANCE REQUIREMENTS

A 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 Jose R. Ledesma at [email protected], or 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

Introduction

Contractors 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.

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 Sheet
Assembly 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 the city 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.

California Wage Determinations

Website
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.)

Issue Date:

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 Determinations

Web Site
The Federal Wage Determinations can be found on‐line by accessi ng 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 p r o j e c t s . I n t h e e v en t of m ul t i p l e f und i n g s o ur c e s, a c om p ar i s on 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

Publication Date
There 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 Required
All 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 pro
fit 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 Regarding Off‐
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 workin g 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 du mp 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 poin
t, 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 jo b 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 emp
loyer 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 hour for 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 appre ntice 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 (CAC2)

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

Exemptions

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 1777.5 does 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 Con tractor 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 fr om 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 hir ing 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. Contracto r 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 apprenti ceship 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 secti on 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 I mprovement (Striper) Boilermaker‐Blacksmith Painter
Bricklayer, Stonemason Plasterer
Carpenter – All Related Trades Plaster Tender
Carpet, Linoleum and Resilient Floor Layer Roofer
Cement Mason Landscape/Irrigation Fitter
Drywall Installer/Lather (Carpenter) Sprinkler Fitter (Fire Pro tection/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/Utility Pipefitter
Glazer Metal Roofing System Installer
Electrician (Comm & System Installer) Sheet Metal Worker Electrician (Comm & System Tech, Cable Splicer) Stator Re‐winde r 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 Engi neer) Building Construction Inspector Tunnel Worker (Laborer) Operating Engineer (Landscape Construction) Parking & Highway I mprovement (Striper‐Laborer) Pointer, Caulker and Cleaner Brick tender
Acoustical Installer (Carpenter) Scaffolding and Shoring Erecto r (Carpenter) Hardwood Floor Layer (Carpenter Shingler (Carpenter)
Insulation Installer (Carpenter) Communications & System Instal ler Field Surveyor Instrument man Taper
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 PRE‐CONSTRUCTION

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 n otice. 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
DEPARTMENT ADDRESS
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, Receipt Acknowledge,

CONTRACT & COMP NAME D ate Signature Date
Contracts & Compliance Specialist

Cc: CONTRACT & COMP NAME, ACCOUNTING NAME, PM NAME

Labor Compliance Requirements

DATE:

JOB:

PROJECT NUMBER:

Contract Administrator:

Labor Compliance Officer:

Project Manager:

Prime Contractor:

In accordance to City of Sacramento Ordinance Section 360.180 t he 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
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
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 1810‐1815
Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations.

When required shift differential rates must be paid for classifications which include a shift determination.
State Prevailing Wage Determinations
* 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. 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 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

Apprentices
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.

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

Complaints or violations regarding apprentice ratios will be referred to DAS. Reference: CCR 16434

Certified Payroll Records

 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. C l a s s i f i c a t i o n a n d g r o u p numbers are required on all payr olls. When work classification is not shown the City will determine the wage rate based on duties performed. Due min imum of bi‐weekly w i t h a S t a t e m e n t o f C o m p l i a n c e f o r e a c h p a y p e r i o d . ( L o c a t e d o n L C P T r a c k e r . n e t under edocs) Reminder: wage increase for Master Agreements usua lly occurs on 06/15 and 06/29 or 06/30.

 Negative Payroll Report Due within ten (10) days of pay period end date if there is five (5) or more consecutive non‐work days within any single pay period.

 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 t o e m p l o y e e a n d t o w h a t p r o g r a m t h e y a r e b e i n g p a i d t o . D o c u m entation 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.

 Other Deductions –Need to be detailed on the CPR and must be expressly authoriz ed in writing by the employee or collective bargaining agreement. These need to be reference on the submitted CPR’s and documentation uploaded int o LCPtracker.

There is a form available for download under the e‐Documents tab.

Listing of Subcontractors

Contractors and subcontractors are required to list all supplier s a n d t i e r s u b c o n t r a c t o r s h i r e d t o perform work on a public works project (in accordance to contract standard specification). 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 4100‐4114; Standard Specifications 5, Control of Work  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. The prime contractor is responsible for work performed and compliance met by subcontractors and owner‐ operators.
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 4110‐4111

List of Subcont ractors & Suppliers: Form 300 (Located on LCPtracker.net under edocs) Per Government Section 4100 et s eq; 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

The Labor Compliance Officer shall notify the contractor and th e 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 impose penalties 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 re‐upload
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 m u s t b e s u b m i t t e d i n t o L C P 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

Start‐Up 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 owner and 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 found at:
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

Classification Worksheet

A separate form must be filled out for each contractor/subcontractor performing on the project.

Project Name

Project Number

Contractor Name

Contact Name

Contact Phone

Contact Email

CSLB/Certificate #

Classification(s) being Utilized (check all that apply) Asbestos Carpet/Linoleum
Electricians Laborers

Pile Drivers Sheet Metal

Boilermaker Cement Mason

Elevator Mechanic Millwrights

Pipe Trades Sound/Communication

Bricklayers Drywall Finisher

Glaziers Operating Engineer

Plasterer Surveyor

Carpenter Drywall/Lather

Iron Workers Painters

Roofers Teamster

Tile 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 manners relating 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 of perjury 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 Sacramento
PW‐300 Form
Revised 03/22/2015 1 of 3

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‐300 and 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 CONTRACTOR
Date   Project #
Name   Project Name
Address:   Contract #
City, State, Zip   Total Contract Amount
Contact Name/Phone #   Estimated Start Date
Email   Estimated Completion Date
DIR Registration #   Federal Tax ID #
Contractor Lic. #   State Tax ID #
SUBCONTRACTORS LIST

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value LBE/EBE/DBE

Add additional pages if necessary.

City of Sacramento
PW‐300 Form
Revised 03/22/2015 2 of 3

SUBCONTRACTORS LIST

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE

SUBCONTRACTOR
Name Contact Name/Phone #
Address: Email
City, State, Zip Description of services
Contractor Lic. # Estimated Start Date:

DIR Registration # Estimated Completion Date
Contract $ Value   LBE/EBE/DBE
City of Sacramento
PW‐300 Form
Revised 03/22/2015 3 of 3

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, 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

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:

ChecklistofLaborLawRequirements Ultimately the prime contractor is liable for their sub and specialty contractors. This checklist is a useful tool for theprimecontractortoensurethattheir subandspecialty contractors know their (CCR Title 8, Section 16421) responsibilities on public works projects. Contractors who understand and comply with the law are more likely to deliver the job on time, on budget and done right the first time. We suggest the Prime contractor encourage completion of this checklist by their sub and specialty contractors.

NAME (print) Date

Company Phone

Address Fax

City State Zip Code

Project Manager Superintendent/Foreman

Certified Payroll Phone/Ext.

Contractor License NO. Exp . Date Specialty License NO.

Self-insured Certificate NO. Workers Comp policy NO.

Project NAME Project #/Bid Package#

Awarding Body Advertisement Date

If Subcontracting, List your prime/general Contractor

Contract Award Amount

The Federal AND State Labor LAW requirements Applicable to the Contract Are Composed OF, But Not Limited to, the Following:

Payment of Prevailing Wage Rates
The 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.

Labor Code Section 1770 et seq.

The contractor is responsible for ascertaining and complying wi th 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.

Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project and to comply with all aspects of Labor 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.

Penalties
There are penalties required for contractor’s/subcontractor’s failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775; 1776; 1777.1; 1777.7and1813 .

Certified Payroll Reports
under Labor 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 the Public 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

Checklist of Labor Law Requirements, continued

Given 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 to Labor Code Section 1776.

Under Labor 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 Employment
There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, The Government Code, the Public Contracts Code, and Title VII of the Civil Rights Act of 1964.

Kickbacks Prohibited
Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages under Labor Code Section 1778.

Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780.

Listing of Subcontractors
All 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 to Government Code Section 4104.

Proper Licensing
Contractors are required to be licensed properly and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq.

Unfair Competition Prohibited
Contractors and sub-contractors are prohibited from engaging in unfair competition as specified under Business and Professions Code Sections 17200 to 17208.

Workers Compensation Insurance
Labor Code Section 1861 requires that contractors and subcontractors be insured properly for Workers Compensation.

OSHA
Contractors 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/Citizenship
The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility/citizenship from all workers, is required.

Itemized Wage Statement
Labor Code Section 226 requires that employees be provided with itemized wage statements.

Certification

I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this

certification on behalf of
(Company Name)

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)

Page 1 of 2 ends

Statement of Employer Payments
“Fringe Benefit Statement”

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.

Date In Reply, Refer to Case No.:

Prim e:

Subcontractor:

PROJECT NAME:

PROJECT CONTRACT NO.: County/location:

HEALTH AND WELFARE
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S)USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/ PER HOUR CONTRIBUTIONS WEEKLY  MONTHLY  QUARTERLY  ANNUALLY 

PENSION
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/ PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

VACATION/HOLIDAY
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

TRAINING
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/ PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

Page 2 of 2 ends

OTHER
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

OTHER
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

OTHER
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR A d d r e s s , City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFI CATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

OTHER
NAME OF PLAN Address, City, State, Zip

ADMINISTRATOR Address, City, State, Zip

CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTION PER CLASSIFICATION/PER HOUR

CONTRIBUTIONS: WEEKLY  MONTHLY  Q U A R T E R L Y  ANNUALLY 

Types of Benefits Which Do Not Constitute Employer Payments:

The types of benefits for which an employer may not take a credi t a g a i n s t i t s p r e v a i l i n g 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 e
nforcement 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 pla n or programs can be credited against the
prevailing wage only if the plan or program:
(1) Can be reasonably anticipated to provide benefits to worker s; (2) Is pursuant to an enforceable commitment;
(3) Is carried out under a finan cially 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 pla
n 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 a nd 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.
8 Hours at $54.00 ($32.00 + $22.00) $432.00
2 H o u r s a t $ 7 0 . 0 0 $ 140.00
2 H o u r s a t $ 8 6 . 0 0 $ 172.00
T o t a l W a g e s D u e $ 744.00*
* This example is for illustration purposes. The general prevailing w age 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 trai ning 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 es tablished 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 co llective 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 th ose specified in paragraphs (1) to (8), inclusive.

How to Fill out the DAS 140 Correctly:

I f t h e t o t a l d o l l a r v a l u e o f a p r o j e c t e x c e e d s $ 3 0 , 0 0 0 , a p p r e n tice 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 n o t c o m m i t t o s e l e c t e d p r o g r a m 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 INFORMATION

Contract 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 appli cable 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/PublicWork sForms.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 PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

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 Cal ifornia 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 r egistered and that the apprentices must at all times work with or under the direct supervision of journeyma n /men.

Signature
Typed Name
Title

Date

DAS 140 (REV. 1/04)
State of California - Department of Industrial Relations DIVISION

OFAPPRENTICESHIPSTANDARDS

AGREEMENT TO TRAIN APPRENTICE District No.

DA S 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 Code

NAME OF APPRENTICESHIP COMMITTEE AND STANDARDS
AREA COVERED BY APPRENTICESHIP STANDARDS or NAME AND ADDRESS OF PROJECT THE OFFICIA L, whose signature follows, agrees on behalf of the above-named employ er 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

Printed name

Title Date

THE A PPRENTICESHIP COMMITTEE accepts and approves the employ er as qualified to train apprentices under its standards in the designated occupation.

[SIGNED] By

Printed name

Effective until:

Revoked

End of Project (Enter project
Title Date name and address in Area Covered above)
Date

Accepted: Date
DIVISION OF APPRENTICESHIP STANDARDS Other

Specify

EFFECTIVE DATE

REMARKS:

[SIGNED] By Date

Apprenticeship Consultant

STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF APPRENTICESHIP STANDARDS

DAS 7 (REV 11/09)

MUST be signed by both Committee and DAS prior to submission

A B C D E Official Use
Gender Ethnic Dependents Education Yrs Employ STATUS

D. O. FILE NUMBER

State of California -- Department of Industrial Relations --DIVISION OF APPRENTICESHIP STANDARDS

APPRENTICE AGREEMENT

APPRENTICE LAST NAME, FIRST NAME MIDDLE    SOCIAL SECURITY NUMBER

APPRENTICE ADDRESS (NUMBER AND STREET / CITY, STATE & ZIP) BIRTHDATE (mm/dd/yyyy) F - VETERAN
Yes: No:

COUNTY OF RESIDENCE
OCCUPATION        O*Net code

TERM OF APPRENTICESHIP
Hours Within

Years

STRAIGHT TIME
Hours per day:

8 Hours per week: 40
This agreement is between the above-named apprentice employed by the below named employer, and

PROGRAM SPONSOR
AGREEMENT: 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 th e program sponsor and approved by the Chief of the Division of Apprenticeship Standards are hereby made a part of this agreeme nt. An official copy of the standards is on file in the headqua rters of the Division of Apprenticeship Standards. This apprentice agree ment 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 comp letion of the term of apprenticeship. The apprentice is expected to complete training on or about , 20 , upon satisfac tory 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 supplementa l instruction during my period of apprenticeship be made availa ble 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 Administ rator of Apprenticeship terminate any other apprenticeship agreements in which I am currently registered.

Executed this day of , 20 by

DAY MONTH YEAR SIGNATURE OF APPRENTICE

AGREED TO BY THE EMPLOYER

SIGNATURE OF PARENT OR GUARDIAN (IF APPRENTICE IS 16 OR 17)

SIGNATURE OF EMPLOYER OR ITS REPRESENTATIVE TITLE

AGREED TO A ND A PPROVED BY, FOR THE COMMITTEE

NAME OF EMPLOYER

ADDRESS

SIGNATURE -- SECRETARY / CHAIR / COORDINATOR DATE

ACCEPTED BY DA S

for unilateral programs only]
This agreement is approved by

SIGNATURE -- APPRENTICESHIP CONSULTANT DATE

for the Administrator of Apprenticeship
DAS 1 (REV. 4/12) APPRENTICE AGREEMENT

TO THE APPRENTICE: California Civil Code Sec. 1798.17 requires State agencies which collect personal information to indicate t he authority under which the data are requested. If personal infor mation not specifically authorized by law is requested, individ uals must be informed that supplying the information is voluntary. It also p rovides that state agencies may change or modify records at the request of the individual.

Questions C and E below are voluntary. All others are authorize d 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 a nd for fu ture apprentices. Thank you.

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
(Voluntary)
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 of race.
(Cal. Labor Code, Ch. 4, div. 3, Sec. 151)
D. Highest Year of 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

(Voluntary)
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

REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM
DO 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:

Name:

Address:

License No.

Tel. No.  Fax No.

To Applicable Apprenticeship Committee:

Name:

Address:

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 t o 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 511283
Los 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’t already 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).

The electronic submission of the CAC-2 Form is to be used in place of the previous CAC-2 Form that was submitted on LCPtracker. This form can be retrieved at: https://www.dir.ca.gov/das/tf/cac2.asp. 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. Payments are to be mailed to State of 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 15th of 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 OF SCHOOL, HOSPITAL, BUILDING, etc. NAME AND ADDRESS OF PUBLIC AGENCY AW ARDING CONTRACT

PERIOD COVERED BY CONTRIBUTION (FROM - TO)
CLASSIFICATIONS OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC). COUNTY WORK PERFORMED IN ALL HOURS CONTRIBUTION AMOUNT

RATE PER HOUR

TOTAL

IF APPRENTICES WERE EMPLOYED, PLEASE LIST THE APPRENTICESHIP PROGRAM AND NUMBER OF APPRENTICE HOURS WORKED

TYPE OR PRINT YOUR NAME AND TITLE DATE

EMAIL AREA CODE & TELEPHONE NUMBER
CAC 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‐Arc hitect 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 to the 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.html

 Division 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 Crafts
3) 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 Forms Due 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 forms are due monthly beginning 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.

Revised 07/05/2018

Contractor
Quick-Start
Guide

Revised 07/05/2018

CONTRACTOR QUICK START GUIDE
Here 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 it easy 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.

Revised 07/05/2018

CONTACTING LCPTRACKER SUPPORT

Contractors 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 Support

• 714-669-0052 option 4; or
• [email protected]; or
• Live Chat

If 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 Name
• Your User ID
• Your Name and Phone Number
• What the Issue is – please be a specific as possible so we can re-create the issue

LCPTRACKER TRAINING OPTIONS

Contractors 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.

Revised 07/05/2018

ADD/EDIT EMPLOYEE

To add an employee into system or edit someone already in system, click on Set Up and then Add/Edit Employee.

Add / Edit Employee Information

This section is used to enter Contractor employees and their personal information. Enter the appropriate 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.)

Revised 07/05/2018
Default Other Deductions Notes

Any 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 RECORDS

There are five methods of payroll entry available to all Contractors:

1. Copy Payroll feature in LCPtracker

2. Upload from a payroll system export file

3. Upload from the Excel spreadsheet

4. Direct Payroll Subscription / Interface (DPI)

5. Manual entry

We will be discussing manual entry in detail below, but here is some information regarding the other four:

1. COPY PAYROLL

This 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 FILE

From 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.

Revised 07/05/2018

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 SPREADSHEET

LCPtracker 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.

Current Accounting Systems Available

1. Paychex Fl ex

2. Foundation

3. Viewpoint – Vi sta

4. Viewpoint – ProContractor

5. Pay-Net

6. Construction Partner

7. California Payroll

8. Quantum Systems – Quickbooks Partner

9. Sunburst – Quickbooks Partner

10. Paylocity

11. ComputerEase

12. Benepay Technol ogi es

13. Dexter+Chaney – Spectrum

14. Payday Workforce Solutions

15. Quickbooks – Desktop Version (in the works)

16. Computer Guidance

17. Event 1 Software – Sage 100/Timberline

Revised 07/05/2018

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 ENTRY

You 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.

Revised 07/05/2018
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.

Revised 07/05/2018

CLASSIFICATIONS

This 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 ONLY

Enter 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 ONLY

You may utilize this section in two different ways:

1. Auto calculate

2. Manual entry

The 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.

Revised 07/05/2018

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 utilize direct deposit and no check numbers exists, enter “DD”.

Revised 07/05/2018

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 NOTICES

With a successful save you will get this message:

SAVE WITH NOTICES
If 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.

Revised 07/05/2018

2. NOTICES

Once 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. CERTIFICATION

You 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 performed • Certify 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

Revised 07/05/2018

CERTIFICATION WIZARD, STEP 1 OF 2

To certify your payroll:
• Choose your project
• Choose the type of payroll you are certifying
• Choose 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 payroll • Enter your title
• Click next

CERTIFICATION WIZARD, STEP 2 OF 2

You 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 program
• 4b – paid in cash to the employee
• 4c – 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.

Revised 07/05/2018
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 tab
• Click on the Certified Payrolls tab
• Locate the week ending payroll file you need
• Click on the DIR XML button (make sure your pop-up blockers are off) • Save this file to your desktop
• Upload into the DIR eCPR system

Should you find that you have any further questions, please consult either the Contractor User Manual or call our Support department.

Contact LCPtracker Support
• 714-669-0052 option 4; or
• [email protected]; or
• Live Chat

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CERTIFYING PAYROLL RECORDS
Certification is the process of submitting your certified payroll report. To certify, all the payroll records must be notice free.

The payroll certification is a two-step process.

CERTIFICATION STEP 1
In the first step, the user needs to:
• Select a project from the drop-down list
• Choose if the week is performing or not. This, by default, is set to “Work activity to be reported for this week”. • The week end date which should be the same as the payroll records you just entered • Payroll number, which is usually 1 for the first week on project, 2 for second and so forth • Name of the person certifying the payroll and their title

Be sure you are choosing the same project that you just entered payroll records for under the 1. Payroll Records tab. As mentioned previously, be sure that if you are assigned to more than one project that you are entering payroll for the correct project. As of this publication, if the project name or the week end date are incorrect you will have to delete and begin again, with the correct project name being chosen as well as the correct week end date for your compan y. Clicking Next will take you to step two of the certification.

NON-PERFORMING WEEK
If no work was performed during the week, you can skip steps 1 and 2. You will go straight to 3. Certification, be sure you are choosing the correct project to submit for, especially for those of you that are assigned to more than one project.

If you have only one week of non-performance, follow steps as previously shown. Change 2. Work performed this week? to the option No work activity to be reported for this week, and proceed.

For multiple weeks of non-performance under 2. Work performed this week?, choose No work activity to be reported for multiple consecutive weeks. You now have two calendar fields. It’s extremely important that you enter the dates

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correctly. The left side should be the week end date of the 1st week not on the project and the right side will be the last week not on the project. Please note both fields should be the same day of the week.

CERTIFICATION STEP 2
Step two of the wizard will be the Statement of Compliance (SOC). Depending on the agency you ’re working under, the settings will determine what the SOC will look like. It’s highly suggested that you read the SOC before entering your eSignature and submitting. There are also some options for some under number four of the SOC, you may be required to check one or the other of those boxes, while some may have both already checked. On the SOC there is a box to check ONLY IF the payroll you are about to submit is the final. If not your final submission, then do not check the box.

If you are unable to proceed to the Statement of Compliance (SOC) due to un-resolved notices or required eDocuments, read the note(s) carefully. To resolve any issues with payroll, go to the notices navigation tab (review 2. Notices) and if you have required eDocuments that have not been submitted or have expired you will need to upload eDocuments (review eDocuments).

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EDITING CERTIFICATIONS
To edit a payroll that has already been certified go to Projects > Certified Payrolls. Payroll records can be added to the certification, deleted from the certification or existing records can be edited. You may also update the payroll number or change the final yes to no, or vice-versa, if necessary.

You cannot however delete the entire week completely from the system, only primes/administrators and/or the agency in charge can do this. Click on the Show Info for that contact information and typically they will only delete if the incorrect week end date or if you submitted under the incorrect project, (see 1. Payroll Records).

Select Projects > Certified Payrolls and choose the project from the drop down. The screen will then refresh. Click Edit next to the week you wish to edit. The more CPR’s you have submitted the more page numbers you will have.

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If you are locked out and unable to edit due to permitted days to edit exceeded, you need to locate the contact for the project. You can do this on the Projects tab. Find the project you wish to edit and click on the Show Info button. You can start with that contact name/email. NOTE: LCPtracker cannot give permission to edit payrolls; this is a function of the Prime/Administrator and/or Agency in charge.

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PAYROLL RECORD ENTRY FORM
This screen is used to enter payroll records one at a time. LCPtracker has included utility for contractors to load payroll information from a spreadsheet to save time. Details for this process are provided in the section UPLOAD RECORDS of the Contractor instruction manual. For a quick one page screen shot, you may skip to the last page.

The second step in the Payroll Entry process is shown below. The upper portion of this screen self populates from the data entered in step one. You can tab through this screen or use your mouse to click in fields to enter data.

Each section and field of the Payroll Record Entry Form will be explained. NOTE: some fields that are optional in the initial setup process by the Agency are the Wages Paid in Lieu of Fringes and the Rate in Lieu of Fringes. If your Agency chose not to allow this feature, you will not see these 2 fields in your Payroll Record entry form page 2 of 2.

This is a WEEKLY reporting form, you report hours worked for the week being reported on, this is not an accumulation. All fields are for the week you are reporting hours worked and wages paid.

Optional Wages Paid In Lieu/Rate in Lieu fields available for use:

Optional Wages Paid In Lieu/Rate in Lieu fields NOT available for use:

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There is also the ability for Administrators and/or Primes to require Work Orders for Payroll Entry. If the Project is associated with Work Orders and that section of Project setup is checked (Administrator action only) you will see Work Orders as an option. If you are a Prime Contractor be sure to review the work order Setup section. Prime Contractors can define work order numbers.

Note: if the Work Order option is showing and there are no Work Orders to choose from in the drop down, please con tact your Prime or go to Projects tab and click the “Show Info” for that Project and start with that contact.

Gross Employee Pay this Project should be equal to the hourly rate fields x the hours posted on this payroll record.

This amount does NOT include fringes. It is usually the amount that is provided by your payroll system. If you pay additional Wages Paid in Lieu of Fringes then enter this amount in that field.

Wages Paid in Lieu should be equal to the Rate in Lieu x the hours posted on this payroll record. Wages Paid in Lieu are those amounts paid to the employee when no fringe benefits are paid or when the fringe benefits paid are insufficient to meet the required total hour rate of pay.

Gross Pay All Projects should be employee’s Gross Pay for the week regardless of what Projects were worked on.

Enter the Basic Hourly Rate of Pay, Hourly Overtime Rate, Hourly Double Time Rate, and Rate In Lieu of Fringes (if you are using, Rate in Lieu/Wages Paid in Lieu are not always used by all users),you pay the employee in the blue fields. Enter the overtime rates as required when overtime is worked. You can change them at any time.

Here we show how the Gross Employee Pay field is equal to the hourly rates x the hours posted and then the Wages Paid in Lieu of Fringes is equal to the Rate in Lieu x all hours posted.

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Classifications
The Craft/Classification (Journey Level) may be edited if incorrect by clicking on the Edit and making another choice. Below we show the classification section for both those that have only one craft/classification as well as an example for someone with more than one Jurisdiction and/or Location to choose from. All are editable at any time.

Hours Worked Each Day
The Hours worked each day should ONLY be the hours reported for working on this project for the week you are reporting on. Again this is not accumulative. Under this section titled Hours Worked Each Day enter the number of Regular Time (Straight-time), Overtime at 1.5 and Double-Time hours worked each day for the payroll period (one week).

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The Screen automatically adjusts the weekly payroll period to reflect your week-end-date. As laid out in the beginning of the Enter Records section.

Fringes /Contributions paid to others (not employee) for this project only If you entered the hourly rate of fringe benefits in the Employee Setup or Fringe Benefit Maintenance table then click the “Calculate Fringes” button. The calculated fringe amounts can be edited if required. The feature will take the hours posted in the Hours worked section of the Payroll Record and multiply them by the fringe benefit rates. (This Function may NOT be available to you).

If you did not enter the rates, then enter the Fringe /Contributions (This Project Only). Enter the appropriate amount for each of the categories in this section. If there is no data for a box, leave it blank. This example there is 55 hours total; 40 regular, 10 overtime and 5 double-time. We noted in red what the hourly values are in the Employee setup.

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The “more links’ below the Vac/Hold/Dues and Pension explains additional detail. Here we will present that detail.

Vacation / Holiday Directions
The entering of information for Vacation and Holiday pay is causing confusion. The following is a more detailed explanation of the entering of Vacation and Holiday pay.

Case 1 Vacation and Holiday is paid to the employee as additional wages. Enter the paycheck gross amount as part of the Gross Employee Pay This Project. Enter $0.00 in the fringe benefit area and check the Vac/Hol/Dues in Gross Emp. Pay box.

This would be what you consider the employees Hourly Rate of Pay. You are paying it as part of the wages and would be factored as part of overtime/double-time factoring if hours worked. The hourly rates x the hours posted would equal the Gross Pay This Project field.

Case 2 Vacation and Holiday is included in the paycheck to calculate taxes but is paid to another fund (union) and thus deducted from the paycheck. Enter the paycheck gross amount as part of the Gross Employee Pay This Project. Enter the $value in the fringe benefit area and check the box that says Vac/Hol/Dues Included in Gross Emp. Pay. In this scenario you would also show the deduction in the Deductions, Payments and Notes (taxes) section under the Vac/Dues field.

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Case 3 Vacation and Holiday is not included in the paycheck. The Vacation and Holiday is only paid to a fund and taxes are assessed when paid. Enter the amount of the Vac/Hol in the field. Check the Vac/Hol/Dues Included in Gross Emp. Pay box. It would only be part of the Gross Pay This Project if the employee takes and is being paid for. So you are showing the Fringe value, however it is not sent to any fund (union) or assessed taxes until it is taken.

Case 4 Vacation and Holiday is accrued and taxes are assessed when paid. Enter the amount of the Vac/Hol/ Dues in the field. This approach may not be accepted by some agencies.

Voluntary Pension and Medical Contributions
Voluntary Pension and Medical Contributions are additional payments to an approved pension and/or health care funds that the employee elects to take out of his/her Gross Employee Pay this period before taxes.

These voluntary contribution amounts are part of the Gross Employee Pay this period but some payroll systems do not show it as such. If your accounting system does not include these amounts in the Gross Employee Pay this period enter the hourly rates of such amounts in the fields provided in Employee setup so that you may use the Calculate Fringe button when doing Payroll Records entry.

Be sure not to include it as part of the health & welfare payments you make on the employees behalf (fringe benefits company pays into an entity/union that benefits the employee)

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Deductions, Payments and Notes
Enter your Deductions (taxes) and travel/subsistence pay as well as the Paycheck Amount (Net Pay), Check Number and any Notes for this current payroll you are entering.

The Paycheck amount and Check Number field is required field for the Payroll Record to save. The Check Number field will accept dd or DD for those that may have Direct Deposit vs. issuance of an actual Check. Once you are satisfied the data is accurate click the Save button.

If your agency is requiring you to report what ‘other’ deductions are you will also have to fill in this section in order for LCPtracker to save your payroll record. For Other Deduction Notes refer back to section – Default Other Deduction Notes.

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CONTRACTOR RELEASE DOCUMENT- JUNE 2018 – 2ND RELEASE
LCPtracker Excel Upload Template Updates
Contractor Database Area Affected: 1. Payroll Records Tab > Upload Records > Download Spreadsheet Template We have updated the color coding and descriptions of the columns in the free Excel template we offer Contractors to upload payroll data into LCPtracker.

We have also included new columns regarding the new New York additional benefit information and YTD Accumulated Sick Pay
• CU (FringesProvidedByEmployer) - This box is checked if the Fringes Paid/Provided to Employee by Employer - Specifically used for Payrolls in the State of New York • CV (LocalUnionNumber) – Used to enter Local/Union #, if fringes are Paid to a Union - Specifically used for Payrolls in the State of New York
• CW (YTD_SickPayTime) – Used to enter accumulative hours employee has earned towards sick time

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New Feature- Daily Reporter Settings
LCPtracker recommends contacting your LCP Project Manager for assistance on proper set up of this feature. If you are unsure who to contact, please reach out to the LCPtracker Support Team for assistance on locating your assigned Project Manager.

Contractor Database Area Affected: Daily Reporter Tab > Daily Reporter Settings Daily Reporter Managers will now have the ability to enforce or disable different sections of the daily logs for specific projects.

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Copy Employees Function Updated
Contractor Database Area Affected: Set Up Tab > Copy Employees The Copy Employees function will no longer copy “unreconciled employees” from a database utilizing Daily Reporter to another account. Unreconciled employees are generated when an employee is manually entered into a daily log in the Daily Reporter function.

Paychex File Update
Contractor Database Area Affected: Upload files produced from Paychex New column in Paychex file will allow federal exemptions to be uploaded into the system

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Additional Supplemental Benefit Information in NYC CPR Form-041 Please note that this feature will only impact Contractors working on certain projects utilizing LCPtracker. It is not a database-wide change.

Contractor Database Area Affected: 1. Payroll Records Tab > Enter Records and on CPRs The City of New York’s certified payroll form requires that Contractors provide information specific to how an employee’s supplemental/fringe benefits are paid. (Outlined in red below.)

This functionality to comply with this reporting requirement has been added to the payroll entry form, specifically the “Fringes/Contributions paid to other” section, that Contractor’s see when entering in an employee’s weekly payroll record.

The City of New York’s certified payroll form provides three options: U = Union, E = Employee, and O = Other. The choice(s) you make on this screen will transfer to the correlating “Paid To” line.

A checkmark in the checkbox for “Fringes Paid to Union? Union Local #” will auto-populate the “U” row on the Supplemental Benefits payment information section. A free-form field next to the checkbox will allow for the Contractor to insert their Union Local name/# specific to that employee. This will then list that Union Local name/# on the “U” row. By checking this box, you are stating that the supplemental/fringe benefits for that employee are being paid to their specific Union.

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The next row, “E”, will automatically transfer to the certified payroll form if any amount is entered in to the “Rate in Lieu of Fringes” field on the payroll entry screen. (Outlined below in red.) By entering an hourly amount in this section, you are stating that the employee has supplemental/fringe benefits paid/provided by the employer to the employee in cash. This will insert “X” for “Employee” on the certified payroll report

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Finally, a checkmark in the checkbox for “Fringes Paid / Provided to Employee by Employer” will auto-populate the “O” row on the Supplemental Benefit payment information section. By checking this box (outlined below in red), you are stating that the employee has supplemental/fringe benefits paid/provided by the employer to the employee. This will insert “X” for “Other” on the certified payroll report.

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SUBCONTRACTOR SETUP
You will set up the subcontractor below you, and each contractor is responsible for setting up their own subs. Once you’ve set up your sub, they’ll log into their account and then set up any subs beneath them. Their subs will then set up their own subs, and so on and so forth.

Contractor Set Up is a two-step process:

Step 1: Contractor Setup > Add/Edit Contractor
To add, simply fill in the data. Complete the data fields with information provided by your subcontractor.

If it is a new entry, ignore the Select a contractor to edit drop down. If this is an existing user, you may have read-only access to their information.

Some contractors may already be a user of LCPtracker under another agency database. Ask your subcontractor if they are a current user of LCPtracker. If they are, ask them for their User ID that they currently use to log into the LCPtracker system. You will still be setting this company up with a “new” account under the Agency you are working in. Set them up with the same user ID under your Agency, and the system will automatically link their accounts for them. This prevents them from having to use multiple user ids.

The field marked Contractor License No. or 10-digit Phone Number is the field that ultimately becomes the user’s ID number, and where you’ll enter their existing user ID to link accounts if they have them.

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Continue to enter in the rest of the required information on the Subcontractor Setup page and Save The email data field is critical as this is how the LCPtracker Program is designed to communicate with system users. Please be sure the email address supplied is correct prior to saving the information to the database. Red asterisks fields are required in order for the system to Save information. Some Agencies may have additional requirements. When you are satisfied the information is correct, click Save. You will receive a pop-up telling you “Contractor has been sent an email notifying them. Don’t forget to assign this Contractor to project”.

LCPtracker system will automatically email the subcontractor their User ID and Temporary Password.

Step 2: Contractor Setup > Contractor Assignment
The next step after you have setup your subcontractors in the system is to assign them to the project(s).

You can click on Add New Assignment, on the top or the bottom

Select a department – Optional, some agencies do not use this selection. You may choose the ‘Unassigned Contractors” to make the list shorter to view.

Select a project – You need to choose the Project that you are assigning your Subcontractor to.

Contractor to be assigned – Choose the Subcontractor you need to assign to Project as your Subcontractor. This is usually the Subcontractor you just set up in the system. Some however are

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already in the system under this Agency and you just need to assign them to the Project as your Subcontractor. (See next screen shot).

Start Date – Required by some Agencies, typically the date that your Subcontractor is to/or has started working on the project.

End Date – Optional field, some agencies want this information.

Contract ID – Optional field, some agencies want this information. The Contract ID is the ID of the contract between you and the subcontractor. If you do not have a Contract ID or numbering system be sure to assign a unique ID to this contract.

Responsibility Code – Optional field, some agencies want this information.

Contract Amount – Optional field, some agencies want this information. This is the amount of the contract between you and your subcontractor.

Notes – Optional field, some agencies want this information or you may choose to add your own notes.

After you have made your choices from the drop down and entered any required information, be sure to Save. Once you’ve saved, your sub will be sent a second email informing them they’ve been assigned to a project.

You will now see a saved contractor assignment listed in the Contractor Assignment Screen. The Date Assigned is a system generated Date Stamp. This is the date that the Contractor was assigned to the project.

MULTIPLE CONTRACTOR ASSIGNMENTS
If you’re finding a subcontractor has an existing account:

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But you’re not able to find them when assigning them to a project:

Chances are they already have an existing assignment to that project under a different general contractor. In this situation, you’ll need to create a new account for them under subcontractor setup, being sure to use a slightly different company name and user ID:

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Then you’ll be able to assign the new account as a sub to you:

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FRINGE BENEFITS
Fringe benefits explanation from the DOL (Department of Labor) website - http://www.dol.gov/whd/foremployers.htm

FRINGE BENEFITS ARE:

Contributions irrevocably made to a trustee or third party pursuant to a bona fide fringe benefit fund plan or program. The rate of costs incurred in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible plan or program, which was communicated to the employees in writing.

Examples:
 Life insurance
 Health insurance
 Pension
 Vacation
 Holidays
 Sick leave
 Other "bona fide" fringe benefits
However, payments required by federal, state or local law are not fringe benefit contributions. Such payments required to fund Social Security, unemployment compensation and workers’ compensation programs, as required by law, do not count as fringe benefits.

Any question concerning what type of fringe benefits is "bona fide" should be referred to the Wage and Hour Division.

Here are two examples of how some Wage Rate Sheet/Wage Decision or State pages may look, please note that these are only examples, your state may look different.

Either of these examples the required Basic Hourly rate or Base pay is the highlighted Blue value. This would be the minimal hourly rate you would have to pay the employee for doing this trade. The other values would be considered Fringes, either to a bona fide fringe benefit plan, cash fringe, or combination of both.

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Entering hourly fringe rates either in the Add/Edit Employee section - Default Hourly Paid Fringes (As paid to Fund on behalf of employee) or using the Fringe Benefit Maintenance table.

SET UP > ADD/EDIT EMPLOYEE
Example A:

Example B:

SET UP > FRINGE BENEFITS MAINTENANCE
Example A:

Example B:

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PAYROLL RECORD ENTRY SCREEN
Example A - Shows as a company that has a bona fide fringe benefit package. The employee receives $30.27 /hour for base pay. The remainder of dollar values the company pays/sends to a bona fide fringe benefit plan. All values count towards the Total Hourly Rate or Total Package requirement.

Example B – Shows the same value is going to a bona fide plan, it’s just not broken down. It is suggested that you do break down if at all possible, most agencies wish to see the per bona fide fringe breakdown.

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Example C – Shows a combination of both a bona fide fringe benefit plan as well as paying a cash fringe in order to meet the Total Hourly Rate / Total Package requirement.

Example D - Does not have a bona fide fringe benefit plan and so the entire fringe is going to the employee in cash fringe / rate in lieu of fringe.

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VACATION/HOLIDAY/DUES OPTIONS
The following is a more detailed explanation of the entering of Vacation and Holiday pay.

Case 1 Vacation and Holiday is paid to the employee as additional wages. Enter the paycheck gross amount as part of the Gross Employee Pay This Project. Enter $0.00 in the fringe benefit area and check the Vac/Hol/Dues in Gross Emp. Pay box.

This would be what you consider the employees Hourly Rate of Pay. You are paying it as part of the wages and would be factored as part of overtime/double-time factoring if hours worked. The hourly rates x the hours posted would equal the Gross Pay This Project field.

Case 2 Vacation and Holiday is included in the paycheck to calculate taxes but is paid to another fund (union) and thus deducted from the paycheck. Enter the paycheck gross amount as part of the Gross Employee Pay This Project. Enter the $value in the fringe benefit area and check the box that says Vac/Hol/Dues Included in Gross Emp. Pay. In this scenario you would also show the deduction in the Deductions, Payments and Notes (taxes) section under the Vac/Dues field.

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Case 3 Vacation and Holiday is not included in the paycheck. The Vacation and Holiday is only paid to a fund and taxes are assessed when paid. Enter the amount of the Vac/Hol in the field. Check the Vac/Hol/Dues Included in Gross Emp. Pay box. It would only be part of the Gross Pay This Project if the employee takes and is being paid for. So you are showing the Fringe value, however it is not sent to any fund (union) or assessed taxes until it is taken.

Case 4 Vacation and Holiday is accrued and taxes are assessed when paid. Enter the amount of the Vac/Hol/ Dues in the field. This approach may not be accepted by some agencies.

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ADDRESS VALIDATION
LCPtracker has designed a tool that will help ensure the accuracy of employee address data. Accurate employee data is vital to promote workforce development through establishing local hiring employment opportunities.

These changes will not have much of an impact on the work required to submit payroll information through LCPtracker. They will however have a significant positive impact on the quality of reporting generated.

You will now see a “Validate Address” button within the Add/Edit Employee section of your account.

Depending on the agency you’re reporting to, you may be required to validate the addresses entered on file.

From the Add/Edit Employee Screen you will see the Validate Address Button:

When selected, the address entered will be compared to the US Postal Service database and a possible match may be suggested:

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If you select Yes, then the data will now appear in the address fields in the employee screen and Address Validated will show in green:

Be sure to click Save:

If the agency you are reporting to requires employee addresses to be validated, you may receive this message when attempting to Save an employee’s profile:

If you select “No” the employee profile will not be saved.

If the you select “Yes” the employee record will be saved, however a Payroll Notice will trigger that will prevent certification. Your Project Administrator will need to determine if the employee should be exempt from Address Validation.

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ADDRESS VALIDATION EXEMPTION
A situation could arise where an employee’s address is valid but it is not found within the USPS database. This could be due to several factors including employees who live in rural areas, or who’s homes are newly built and have not been established with the USPS database.

If you have determined that the address entered is valid, but the system does not validate and provide a possible match, you will need to contact your Project Administrator to request an exemption. Their contact information is available within the Projects tab > click Show Info next to the project name.

It is also suggested that you contact the USPS Address Management System. They will be able to determine if the address needs to be added to their database.

CONTACTING USPS
Go to https://ribbs.usps.gov/locators/find-ams.cfm to locate the Address Management System Office that serves the zip code for the address provided.

Here is an example:

These are the results returned (SAMPLE ONLY):

The Address Management System office that serves 92648 can be contacted at:

ADDRESS MANAGEMENT SYSTEMS

UNITED STATES POSTAL SERVICE
3101 W SUNFLOWER AVE
SANTA ANA CA 92799-9316
Phone : (714) 662-6330
Fax : (714) 327-6505

Contact the Phone Number provided and they will check to see if the address is valid. If they determine that it is a valid address they will need to update their database which can take 2-5 weeks depending on where they are in the release cycle.

A

PPENDIX A - COMMUNITY WORKFORCE AND TRAINING AGREEMENT

Approved by CAO 1-5-2021

SUMMARY OF COMMUNITY WORKFORCE AND TRAINING AGREEMENT REQUIREMENTS (Federally-Funded Projects)

Introduction

On August 21, 2018, the City of Sacramento approved a Community Workforce and Training Agreement (CWTA) with the Sacramento-Sierra Building and Construction Trades Council, AFL-CIO (Trades Council), and the unions represented by the Trades Council, to support the City’s efforts to increase employment opportunities for workers who are local area residents, and to provide construction career training and employment opportunities for the City's at-risk youth, military veterans, women and other disadvantaged residents through local apprenticeship and pre-apprentice programs. A complete copy of the CWTA is attached hereto. This summary is provided for convenience only. All contractors must read and understand the full CWTA prior to submitting a bid.

Application

The CWTA applies to all City public works construction contracts for projects where either the engineer’s estimate of the total construction cost of the project or the actual cumulative bid amounts submitted by the contractor or contractors awarded the contract exceeds One Million Dollars ($1,000,000). The CWTA applies to all “Covered Work” which is further defined in section 2.2 of the CWTA. Exclusions from Covered Work are further defined in section 2.3 of the CWTA.

Prior to award of this contract, the contractor must agree to be bound by each and every provision of the Agreement (except as noted below), and must execute the Agreement to be Bound in the form attached to the CWTA as Addendum A. In addition, any time the awarded contractor enters into a subcontract with any subcontractor for Covered Work, the contractor must provide a copy of the CWTA to the subcontractor and require the subcontractor to execute the Agreement to be Bound in the form attached to the CWTA as Addendum A. All Addendum A’s must be executed by subcontractors and provided to the City prior to the subcontractor performing any work.

Due to the state and/or federal funds applied to this project, Article IX of the CWTA, detailing the local hire requirements, is not applicable to this project.

Requirements

In addition to the requirement to execute the Agreement to be Bound in the form attached to the CWTA as Addendum A, Contractor and its employees must comply with the following requirements:

Utilize Union Hiring Halls. Pursuant to Article VIII of the CWTA, Contractor and its subcontractors performing construction work, in filing craft job requirements, must utilize and be bound by the registration facilities and referral systems established or authorized by the local unions that are signatories to the CWTA (except that Contractors shall have the right to select and hire directly all supervisors above general foreman, without going through the local union).

Pay
Union Dues and Fees. All employees performing Covered Work (that is not otherwise excluded) must, as a condition of employment, pay the applicable periodic working dues and associated fees required or union membership to the applicable local union that is a signatory to the CWTA, as required in Article VII of the CWTA. Please Note: The CWTA has been amended, and no longer requires all employees performing Covered Work to pay working dues, fees required, or union membership to the applicable local union that is a signatory to the CWTA, unless the employee elects to join the union.

Approved by CAO 1-5-2021

Hold Pre-Job and Periodic Meetings. Pursuant to Article V, Contractor must convene a pre-job conference with representatives of all involved contractors (including subcontractors) and the unions at least 21 days prior to the commencement of work. For long-term projects with multiple phases, conferences can be held with subcontractors for later phases 21 days prior to the commencement of the applicable phase.

The Project Manager and the contractors must be prepared to discuss in detail: (i) the scope of work for each Contractor; (ii) craft assignments; (iii) estimated number of craft workers required to perform the work; (iv) transportation arrangements; (v) estimated start and completion dates of the work; (vi) planned use of pre-fabricated materials; and (vii) any specialized or technical work exempted 1 from the
CWTA. The meeting shall be held at a location mutually agreeable to the parties.

Contractor must also hold joint labor/management meetings between the City, the Project Manager, the contractor(s), and the unions periodically to promote harmonious labor relations and ensure adequate communications.

Helmets to Hardhats. Contractor must participate in the Helmets to Hardhats program, as outlined in Article X of the CWTA.

Comply with Master Agreement Terms on Wages, Hours, Benefits, and other Terms and Conditions of Employment. As set forth in Article XI, Contractor must pay applicable contributions to the established vacation, pension and other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds for each hour worked on the project in the amounts designated in the Master Agreements of the appropriate local unions. By signing the Agreement to be Bound, Contractor also adopts and agrees to be bound by the written terms of established Trust Agreements for these benefit funds.

The wages, hours, and other terms and conditions of employment on the project shall be governed by the applicable union’s Master Agreement, as required in Article XI of the CWTA.

Only Just Cause Dismissal and/or Discipline. All disputes involving discipline and/or the discharge of employees working on the project must be resolved through the grievance and arbitration provision contained in the applicable Master Agreement. As set forth in Article XIII of the CWTA, no employee working on the project shall be disciplined or dismissed without just cause.

Arbitrate Disputes. Any disputes relating to the interpretation or application of the CWTA, excluding work stoppages, strikes, and lockouts, must be resolved through the grievance arbitration procedures in Article XIV of the CWTA. At the time a grievance is submitted, the union may request that the City withhold and retain an amount from what is due and owing to the contractor against whom the grievance is filed. The amount shall be retained by the City until the grievance is withdrawn, settled, or otherwise resolved.

Any jurisdictional disputes on the project amongst the unions and/or the contractor shall be settled according to the plan established by the Building and Construction Trades Department. Its decisions shall be final, binding, and conclusive.

1 Work can only be exempted with notice and agreement of Trades Council (see Section 2.3 of CWTA, as amended).

Approved by CAO 1-5-2021

Drug-Free Workplace. Contractors agree to use the Substance Abuse Program contained in each applicable union’s Master Agreement, except as it may conflict with the City’s Drug-Free Workplace Policy. In the event of a conflict, the City’s policy shall control.

A
PPENDIX B – PROJECT FUNDING SIGNAGE DETAILS

PUBLIC INFORMATIONAL SIGNAGE 2

FIGURE 1

Figure 1 Notes

Font is Arial Black

Figure 1 Color Palette

Black Font Color
Color Hex Code: #181717
Color RBG: R24 G23 B23

White Font Color
Color Hex Code: #FFFFFE
Color RBG: R255 G255 B254

Gold Background
Color Hex Code: # F9B928
Color RBG: R249 G185 B40

Green Background
Color Hex Code: # 7BB13B
Color RBG: R123 G177 B59

DocuSign Envelope ID: 076E0766-9161-48CF-984B-AB31E4BD748D California Traffic Control Devices Committee (CTCDC)
Agenda Item Report

CTCDC Agenda Item Report Page 21 of 23
Item No. 23-07 August 3, 2023
Attachment H – C50B(CA) Sign Specification

A
PPENDIX C – BID PROTEST POLICY

City of Sacramento – 8-13-2024

Bid Protest Policy for Public Project Contracts1

PROCEDURE FOR CONTRACTS OF MORE THAN $5,000 AND LESS THAN $250,000

1. A bidder on a contract may file a bid protest based on any of the following: (1) failure to follow the requirements of the solicitation; (2) failure to comply with applicable law; (3) alleged error or misconduct in the solicitation process or documents; or (4) any grounds specified in this policy. Only a bidder may file a bid protest. Notwithstanding the foregoing, a Bid Protest cannot be filed to challenge the City’s administrative determination regarding whether a bidder failed to meet the established Disadvantaged Business Enterprise (DBE) Goal for the project, or demonstrated a Good Faith Effort (GFE) to meet the City’s Disadvantaged Business Enterprise (DBE) goal established pursuant to Caltrans’ Local Assistance Procedures Manual and Title 49 of the Code of Federal Regulations, § 26.45. 2 2. The bid protest shall be in writing and shall be filed with the Contracts Manager not later than five business days after City staff provides notice of the recommended contract award to the bidders. The bid protest shall provide the name, address, telephone and email address of the protesting bidder, shall identify the contract to which the bid protest pertains, including the contract number and date that bids for such contract were received by the City, and shall identify the City department or division requesting bids. The bid protest shall identify and explain the factual and legal grounds for the protest, and shall include and attach any written materials that the protesting bidder wishes to have considered in determining the protest.

3. A t the time a bid protest is filed, the protesting bidder is also required to remit payment to the Contracts Manager of a bid protest fee in the amount established by resolution of the City Council, which fee shall be used to pay the City’s costs of processing the protest as provided herein. The fee amount currently established is $750.

4. Any bid protest that is received by the Contracts Manager after the time period specified above, or that is not accompanied by the bid protest fee, shall be untimely and invalid, and shall not be considered.

5. The protesting bidder and any other bidder(s) potentially affected by the bid protest shall be provided written notice of an informal hearing to be held not less than five business days after receipt of the bid

1 Unless otherwise stated in this Policy, terms used herein shall have the same meaning as set forth in Chapter 3.56 of the Sacramento City Code.
2 A bidder may contest the City’s determination regarding whether that bidder failed to meet the established DBE Goal or regarding the adequacy of that bidder’s Good Faith Efforts pursuant to the City’s reconsideration procedure adopted pursuant to 49 C.F.R. § 26.53(d). A copy of the City’s Procedure for Administrative Reconsideration of GFEs to meet DBE goals can be found here.

City of Sacramento – 8-13-2024
protest. The hearing shall be conducted by the Director of the Department requesting bids or his or her authorized designee. The protesting bidder and any other bidder on the contract shall promptly provide any information requested by City staff prior to the informal hearing.

6. As soon as practicable after the informal hearing, the Department Director or authorized designee shall issue a written response to the bid protest, including an explanation of the reason or reasons for the decision made. The written response shall be provided to the protesting bidder and any other bidder(s) potentially affected by the bid protest. The decision of the Department Director or authorized designee shall be final and no appeal shall be heard.

7. Any bid protest, notice or bid protest response provided by or to the City shall be provided by registered or certified mail (return receipt requested), personal delivery, or any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery shall be deemed received on the date of delivery.

8. Any protest that does not comply with this Bid Protest Policy is invalid and shall not be considered.

PROCEDURE FOR CONTRACTS OF $250,000 OR MORE

1. Application. This procedure applies to:

A. Contracts for public construction that are required to be competitively bid and awarded by the City Council; and
B. Any other public construction contract awarded if the solicitation for bids specifically provides that the protest policy set forth in Chapter 3.56 or Chapter 3.60 of the City Code applies.

2. For the purpose of this procedure, “bid protest” means a protest filed by a bidder based on any of the following: (1) failure to follow the requirements of the solicitation; (2) failure to comply with applicable law; (3) alleged error or misconduct in the solicitation process or documents; or (4) any grounds specified in this policy. Only a bidder on a contract, or the bidder’s authorized representative, may file a bid protest on the contract. A Bid Protest cannot be filed to challenge the City’s determination regarding whether a bidder demonstrated a Good Faith Effort (GFE) to meet the City’s Disadvantaged Business Enterprise (DBE) goal established pursuant to Caltrans’ Local Assistance Procedures Manual and Title 49 of the Code of Federal Regulations, § 26.45.
3 3. Form of bid protest. Protests must be in writing and must include the following:
a. The name, address, e-mail address, and telephone number of the protester; b. A description of the contract to which the protest pertains, including the contract number and date that bids or proposals for the contract were received by the City; c. The City department or division issuing the solicitation;

3 A bidder may contest the City’s determination regarding the whether that bidder failed to meet the established DBE Goal or regarding the adequacy of that bidder’s Good Faith Efforts pursuant to the City’s reconsideration procedure adopted pursuant to 49 C.F.R. § 26.53(d). A copy of the City’s Procedure for Administrative Reconsideration of GFEs to meet DBE goals can be found here.

City of Sacramento – 8-13-2024
d. The factual and legal grounds for the protest;
e. The desired relief sought by the protester; and
f. Any written materials that the protester wishes to have considered.

Protests shall be addressed to the City Clerk, 915 I Street, New City Hall, Sacramento, CA 95814, or to the contract manager, as set forth in this Bid Protest Policy. Any protest that does not comply with Chapter 3.56 of the City Code and this Bid Protest Policy is invalid and shall not be considered.

4. Submission of bid protest to City. Within the time period specified in subsection 5, below, the bid protest shall be filed with the City Clerk. Bid protests may be filed by personal delivery or by registered or certified mail (return receipt requested). At the time a bid protest is filed, the protesting bidder shall also deposit with the City Clerk a bid protest fee in an amount established by resolution of the City Council. The fee amount currently established is $750. The fee shall be used to pay the costs of a hearing and hearing examiner as set forth in subsection 7, below. Any bid protest that is received by the City Clerk after the time period specified in section subsection 5, below, or that is not accompanied by the bid protest fee, is untimely and invalid, and shall not be considered.

5. Time for filing a bid protest. After bids for a contract are received and opened by City, City staff shall provide each bidder a written notice of the City staff’s recommendation for award of the contract. Any bid protest shall be received by the City Clerk no later than five business days after the date that the written notice is received by the protesting bidder.

6. Investigation by City.

A. If a valid bid protest is timely filed, City staff shall provide a copy of the bid protest to the protested bidder, and shall investigate or cause to be investigated the bid protest. The protesting bidder and any other bidder on the contract shall promptly provide any information requested by City staff as part of the investigation. City staff shall prepare a written response to the bid protest, which shall be provided to the protesting bidder and protested bidder, if any, and to the hearing examiner as provided in subsection 7, below.

B. If, as a result of its investigation of the protest, City staff changes its recommendation for award of the contract, City staff shall provide each bidder a written notice of the City staff’s revised recommendation, the bid protest shall be deemed withdrawn upon the protesting bidder’s receipt of this notice, and the bid protest fee deposited by the protesting bidder shall be refunded. A bid protest in response to the revised recommendation for award of the contract may be filed in accordance with the provisions of this article, and must be received by the City Clerk no later than five business days after the date the City’s written notice of revised recommendation is received by the bidder protesting the revised recommendation.

7. Hearing of bid protest by a hearing examiner.

A. A bid protest shall be heard by an independent hearing examiner furnished by an entity designated for this purpose by resolution or agreement of the City Council.

B. After the hearing examiner is selected, City staff shall set the date of the hearing, and shall mail the protesting bidder and the protested bidder, if any, a written notice that specifies the location, time, City of Sacramento – 8-13-2024
and date of the hearing, which shall be held no sooner than five days after the date of the notice of hearing. The hearing examiner may postpone the hearing at the request of City staff, the protesting bidder, or the protested bidder, if any, or upon the hearing examiner’s own motion. If the protesting bidder fails to attend the hearing, the bid protest is deemed withdrawn and shall no longer be considered by the City.

C. City staff shall provide the hearing examiner with copies of the request for bids, the bid protest, the response of the protested bidder, if any, the City staff response to the bid protest, and any other relevant materials or information in City staff’s possession. Any written information that the protesting or protested bidders wish to have considered in determining the protest that has not already been submitted to City staff shall be provided to the hearing examiner and to City staff, and must be received by the hearing examiner and City staff at least two business days prior to the hearing to be considered.

D. Evidence or argument at the hearing shall be received only from the City, the protesting bidder, and the protested bidder, if any, their witnesses, and authorized representatives. The proceedings at the hearing shall be recorded. Any party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense. The hearing examiner may, upon request of either party, grant continuances for good cause shown, or upon his or her own motion. The hearing examiner shall administer the oath or affirmation. California Government Code section 11513 applies to hearings under this section, except that relevant hearsay evidence may be sufficient in itself to support a finding of fact, even if it would not be admissible over objection in a civil action, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

E. At the hearing, the protesting bidder bears the burden of showing the existence of all facts necessary to support the bid protest. The hearing examiner may take official notice, either before or after the close of the hearing, of any fact that may be judicially noticed by the courts of this state or which may appear in any of the official records or documents of the City.

F. After the close of the hearing, the hearing examiner shall issue a written decision that includes findings of fact based on the record of facts and information presented to the hearing examiner, and also includes a recommended determination of the bid protest based on the findings of fact. The hearing examiner shall email and mail a copy of the decision to the City, the protesting bidder, and the protested bidder, if any.

G. The City shall use the bid protest fee deposited by the protesting bidder pursuant to subsection 4, above, to pay costs incurred by the City for the hearing and hearing examiner. If these costs are less than the bid protest fee deposited by the protesting bidder, the City shall return any unexpended amounts to the protesting bidder. If these costs exceed the bid protest fee deposited by the protesting bidder, and the hearing examiner recommends denial of the bid protest, the City may invoice the protesting bidder for any additional unpaid costs, and the protesting bidder shall pay all costs due no later than 30 calendar days after the date of the invoice. Any protesting bidder that fails to pay an invoice within 30 days is barred from filing a bid protest on any subsequent City contract until the City receives payment of all costs due plus interest, at the rate of 10% per annum, beginning 30 calendar days after the date of the invoice.

City of Sacramento – 8-13-2024

8. Reconsideration of bid protest by the City Council. The protesting or protested bidder may submit a request for reconsideration of the hearing examiner’s decision. The request for reconsideration must be submitted to the City Clerk within three business days of the date the hearing examiner’s decision was emailed to all parties pursuant to subsection 7.F. above. Requests for reconsideration may be filed by personal delivery or by registered or certified mail (return receipt requested).

If a timely request for reconsideration is received by the City Clerk, the City Council will consider the protest at a public meeting. The City Council may hear the request for reconsideration as part of the City Council’s consideration of the award of the contract to which the bid protest relates or as a separate item, as recommended by City staff. The City Council may take action on the request for reconsideration at the meeting when the award of the contract is considered or it may continue the matter of the protest and contract award to a future date.

9. Conduct of the City Council meeting.

A. The scope of the request for reconsideration considered by the City Council is limited to the issues and evidence presented to the hearing examiner. The City Council may exercise its discretion to take any of the following actions prior to taking final action on the request for reconsideration:
(1) Adopt the findings of fact issued by the hearing examiner, without hearing factual evidence from any party; or
(2) Review the recording of the hearing, or a transcript of the hearing, prior to adopting or rejecting, in whole or in part, the findings of fact issued by the hearing examiner, without hearing factual evidence from any party; or
(3) In addition to or in lieu of reviewing the recording or transcript of the hearing, hear factual evidence from any party prior to adopting or rejecting, in whole or in part, the findings of fact issued by the hearing examiner.

B. In addition to the foregoing actions, the City Council may at any time exercise its discretion to reject all bids without adopting or rejecting the hearing examiner’s findings of fact. The City Council may take any action on the bid protest that is authorized by law, including adoption of the hearing examiner’s recommended determination of the bid protest, adoption of a determination different from that recommended by the hearing examiner, or the rejection of all bids without deciding the bid protest. The decision of the City Council on a bid protest is the City’s final administrative action on the protest. (Former City Code section 3.60.540.)

10. Providing written notice. Unless otherwise stated herein, whenever this policy requires that written notice be provided by or to the City or the hearing examiner, the written notice shall be provided by registered or certified mail (return receipt requested), by personal delivery, or by e-mail if the e-mail delivery includes confirmation of receipt, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery is deemed received on the date of delivery. Written notice provided by e-mail is deemed received on the date of e-mail transmission if the sender receives e-mail confirmation of receipt.

City of Sacramento – 8-13-2024

11. Information in solicitations for bids. Every solicitation for bids issued by the City for a contract shall indicate that any bid protest related to the contract must be filed and maintained in accordance with the provisions of this policy.

Approved by CMO - August 13, 2024

PROCEDURE FOR ADMINISTRATIVE RECONSIDERATION
OF THE CITY’S DETERMINATION OF ADEQUACY

OF GOOD FAITH EFFORTS TO MEET A DBE GOAL
Purpo
se
Pursuant to Exhibit 9-H of Caltrans’ Local Assistance Procedures Manual and 49 C.F.R. 26.53(d), the City shall follow the procedure set forth herein if a bidder1 requests that the City reconsider its determina�on that the bidder failed to meet the established Disadvantaged Business Enterprise (DBE) Goal and did not make adequate Good Faith Efforts (GFE).

Obliga�on to No�fy Bidder of Opportunity for Administra�ve Reconsidera�on Any �me the City determines that the apparent lowest responsive responsible bidder failed to meet the DBE Goal established for a project or, alterna�vely, failed to demonstrate an adequate GFE to meet the established DBE Goal, the City shall provide the bidder an opportunity for administra�ve reconsidera�on prior to awarding the contract.2 Appointment of Reconsidera�on Official
The City’s decision on reconsidera�on shall be made by an official who did not take part in the original determina�on that the bidder failed to meet the DBE Goal or make adequate GFEs to do so.

In most cases, this official shall be the Assistant Director of Public Works. In the event the Assistant Director of Public Works is not available or was involved in the original determina�on, the City Manager shall appoint an alterna�ve official to hear the request for reconsidera�on. 1 For the purpose of this Procedure for Administra�ve Reconsidera�on Procedure, only a bidder that would have been the lowest responsive responsible bidder, but for the City’s determina�on regarding the bidder’s failure to meet the established DBE and/or the City’s finding that the bidder did not make an adequate GFE, may appeal the City’s determina�on under this Procedure. Bidders may not use this procedure to contest the City’s determina�on(s) regarding a compe�ng bidder. Unless otherwise stated in this procedure, all other terms used herein shall have the same meaning as set forth in Chapter 3.56 of the Sacramento City Code. 2 Please note that for Design-Build contracts, the procedure varies slightly. The bidders on the design-build contract may request administra�ve reconsidera�on on the City’s determina�on regarding the adequacy of the bidder’s Open-Ended DBE Performance Plan, as described in 49 C.F.R. § 26.53 (e). The selected bidder may also request reconsidera�on at the end of the project if the City determines that the selected bidder failed to meet its Open-Ended DBE Performance Plan and makes a finding of no GFE when the contract is closed out.

Approved by CMO - August 13, 2024
Reconsidera�on Hearing
The Reconsidera�on Official shall hold an in-person hearing with the bidder reques�ng reconsidera�on to discuss the issue of whether it met the goal or made an adequate GFE to do so.

The bidder will have the opportunity to provide writen documenta�on or oral argument on the issue of whether it met the DBE goal or made an adequate GFE to do so.

Decisions regarding the adequacy of the bidder’s GFEs shall be made in accordance with Appendix A to Part 26 of Title 49 of the Code of Federal Regula�ons, the Caltrans’ Local Assistance Procedures Manual, and any other applicable law and regula�ons.

Writen Decision on Reconsidera�on
As soon as prac�cable a�er the reconsidera�on hearing, the Reconsidera�on Official shall provide a writen decision on the request for reconsidera�on. The writen decision shall explain the basis for the Reconsidera�on Official’s determina�on that the bidder did or did not meet the DBE Goal or made an adequate GFE to do so.

No Further Appeals
No further administra�ve remedies are available upon the conclusion of the Administra�ve Reconsidera�on process. The decision of the City’s Reconsidera�on Official cannot be further appealed to Caltrans, the U.S. Department of Transporta�on, or to other officials of the City of Sacramento.

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