Bid Notice-Kinney Police Facility HVAC Improvements.pdf

SEALED PROPOSALS

The following sealed proposal will be received by the Office of the City Clerk’s Public Counter, 5TH Floor, New City Hall, 915 I Street, Sacramento, California, up to the hour of 2:00 p.m.; and will be opened via Webex at approximately 2:30.

BID DATE FEE ARCHITECT’S ESTIMATE

August 12, 2026 $0.00 $1,200,000.00

DESCRIPTION

KINNEY POLICE FACILITY HVAC IMPROVEMENTS

DEPARTMENT: PUBLIC WORKS

PN: C13900960

Bid Transaction Number: B26014541003

Project Manager: Nguyen Tran, (916-808-4970) Mark Brown, (916-808-7181)

Mandatory Pre-bid meeting will be held on July 31, 2026, at 10:00 AM. The location of the meeting will be at 3550 Marysville Blvd. Sacramento, CA 95838.

The City of Sacramento is seeking bids for the comprehensive HVAC system improvements project at the William J. Kinney Police Facility located at 3550 Marysville Boulevard. This project is subject to Federal Grant Requirements.

The core mechanical scope involves the removal and replacement of two existing rooftop direct expansion (DX) electric, hot water coil air handling units that have exceeded their useful life. Work includes completely replacing the existing roof curbs to securely support and accommodate the updated footprints of the new equipment. Interior improvements entail replacing legacy single supply duct Variable Air Volume (VAV) and Fan Powered VAV terminal units with new high-performance units of equal size and capacity.

Contractors must completely decommission all existing pneumatic actuators and controls, replacing them with a modern Direct Digital Control (DDC) system complete with a new central server head end.

Necessary electrical modifications include installing new fused disconnects and updating overcurrent protection to handle the revised mechanical demands.

Finally, the overarching scope includes minor structural framing revisions, code-compliant seismic anchorage bracing, and the architectural patching and repairing of all affected ceiling and roof substrates.

The Contractor must coordinate all work with the Police Department and make sure that work is properly phased such that it does not interfere with the 24/7 operations at the facility.

Detailed Scope of Work included in the Bid Documents.

The Contractor shall provide all labor, materials, tools, and equipment to complete in place all work necessary to complete the work as shown in the Plans and as specified in these Special Provisions. The work shall be so performed that upon contract completion the project shall be ready for use as described in the bid specifications. For an approved equal to be considered, it must be submitted and approved SEVEN days prior to bid closing.

Plans and specifications are available for viewing through Planet Bids. PLANET BIDS http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#

All such proposals received, and any work performed thereunder must comply with the requirements of Sacramento City Code Title 3, Chapter 3.60. All contractors, subcontractors and all concerned must comply with the general prevailing rate wages for the Sacramento Area as determined by the Director of the Department of industrial relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1773 and 1773.1. IN ADDITION, all contracts and agreements with an estimated value of $25,000 or more and with a subscription or renewal date on or after April 1, 2005, must comply with the requirements of Sacramento City Code Title 3, Chapter 3.54, “Non-Discrimination in Employee Benefits by City Contractors.” Each bid must be accompanied by cashier’s check, certified check, or bid bond made payable to the order of the City of Sacramento in the Sum of ten percent (10%) of the aggregate of said proposal. The right to reject any and all bids or to waive any informality in any bid received is reserved by the City Council.

Sacramento City Council BY: Mindy Cuppy, City Clerk Publish: 08/26/11 Ad No.:

July 23, 2026

RE: City of Sacramento Construction Contracting Opportunities

The City of Sacramento is currently soliciting Bids for:

KINNEY POLICE FACILITY HVAC IMPROVEMENTS

LOCATED AT: 3550 Marysville Blvd. Sacramento, CA 95838

Detailed Scope of Work included in the Bid Documents

Mandatory Pre-bid meeting will be held on July 31, 2026, AT 10:00 AM. The location of the meeting will be at 3550 Marysville Blvd. Sacramento, CA 95838.

The Contractor shall provide all labor, materials, tools, and equipment to complete in place all work necessary to complete the work as shown in the Plans and as specified in these Special Provisions.

The work shall be so performed that upon contract completion the project shall be ready for use as described in the bid specifications. For an approved equal to be considered, it must be submitted and approved SEVEN days prior to bid closing.

Bids to be received by 2:00 PM, August 12, 2026, AT Office of the City Clerk’s Public Counter, New City Hall, 915 I Street, Sacramento, California.

The plans may be reviewed at the following locations:

City of Sacramento, Project Delivery Division, 915 I Street, 2nd Floor, Sacramento, CA 95814 Construction Data & News, 1791 Tribute Road Suite D, Sacramento, CA 95815 Greater Sacramento Small Business Development Center, 1410 Ethan Way, Sacramento, CA 95815 Sacramento Builders Exchange, 1331 T Street, Sacramento, CA 95814 Sacramento Builders Exchange, Roseville Office, 1 Sierra Gate, Suite 290-C, Roseville, CA 95678 El Dorado Builders Exchange, 3430 Robin Lane, Suite 7, Cameron Park, CA 95682 Placer County Builders Exchange, 19656 Industrial Avenue, Roseville, CA 95678 United Minority Business Entrepreneur's of CA, 3871 Security Park Drive, Rancho Cordova, CA 95742

QUESTIONS AND RESOLUTION OF DISCREPANCIES: Submit written questions about the Contract Documents to:

Department of Public Works, Contracts 5730 24th Street, Bldg. 4, Sacramento, CA 95822 Attention: Kirsten Wise kwise@cityofsacramento.org

Respectfully, Kirsten Wise Program Specialist Department of Public Works

Authorized Plan Rooms

1. Greater Sacramento Small Business Development Center

1410 Ethan Way, Sacramento, California 95815

2. Sacramento Builders Exchange

1331 T Street, Sacramento, CA 95814

3. Sacramento Builders Exchange, Roseville Office

151 North Sunrise Avenue, Suite 511, Roseville, CA 95661

4. El Dorado Builders Exchange, 3430 Robin Lane, Suite 7

Cameron Park, CA 95682

5. Placer County Builders Exchange

231 Cherry Avenue, Suite 101, Roseville, CA 95678

6. Nevada County Contractors’ Association

149 Crown Point Court, Suite A, Grass Valley, CA 95949

7. Placer County Contractors Association 10656 Industrial Ave, Suite 160 Roseville, Ca 95678

Chambers of Commerce

1. Sacramento Hispanic Chamber of Commerce

1491 River Park Drive, Ste 101, Sacramento, CA 95815

2. Sacramento Asian Chamber of Commerce

2012 H Street, Sacramento, CA 95814

3. Sacramento Black Chamber of Commerce

2655 Del Monte Street, West Sacramento, CA 95691

4. Russian Chamber of Commerce

2929 Fulton Avenue, Ste 6, Sacramento, CA 95821

B26014541003

CONTRACT SPECIFICATIONS FOR

KINNEY POLICE FACILITY HVAC IMPROVEMENTS

(C13900960)

Plans Attached

For Pre-Bid Information Call:

Nguyen Tran, Project Manager Bids to be received before

(916) 808-4970 2:00 PM, Wednesday, Mark Brown August 12, 2026

(916) 808-7181 New City Hall Clerk’s Public Counter 915 I Street, 5th Floor Sacramento, CA 95814

Estimated Construction Cost: $1,200,000.00

Construction Time: ONE-HUNDRED TWENTY (120) CALENDAR DAYS

Mandatory Pre-bid meeting will be held on July 31, 2026, AT 10:00 AM. The location of the meeting will be at 3550 Marysville Blvd. Sacramento, CA 95838.

QUESTIONS AND RESOLUTION OF DISCREPENCIES

No oral representations or interpretation will be made to any bidder as to the meaning of the contract documents. Request for interpretation shall be made in writing and delivered to the City at least seven (7) days before the time announced for opening the proposals. Interpretation, where necessary, will be made by the City in the form of an addendum to the contract documents, and when issued, will be sent as promptly as is practical to all parties to whom the bid documents have been issued via PlanetBids. All such addenda shall become part of the contract. Request for information regarding this procedure or other similar information, shall be directed to Department of Public Works, via email at ntran@cityofsacramento.org or mcbrown@cityofsacramento.org

BID OPENING INFORMATION

Bids are to be received by 2:00PM at New City Hall, 915 I Street on the first floor Security Desk. Bids will be opened virtually at 2:30 via a web meeting. Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://cityofsacramento-org.zoom.us/j/93077455918 Description: This is a reoccurring meeting for the City of Sacramento Bid Opening. Bids received on or before the due date and time scheduled for this date will be read. You may share this appointment/link with any interested parties. Please mute your micrphones/phones for the duration of the bid opening/reading. There will be a short period at the end of the call to ask for a repeat of any information. If you have questions about Bid Openings contact Wendy Klock-Johnson at wkjohnson@cityofsacramento.org ; or 916 808-7509. For questions about specific bids; please contract the listed bid contact directly. Or One tap mobile: +16699006833,,93077455918# US (San Jose) +12532158782,,93077455918# US (Tacoma) Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 929 205 6099 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 930 7745 5918 International numbers available: https://cityofsacramento-org.zoom.us/u/acfxKNwPM

TABLE OF CONTENTS

Pages

INFORMATION:

Formal Bid Proposal Delivery Options 1 only Invitation to Bid 1 – 3 New Public Works Contractor Registration Law (SB 854) FACT SHEET 1 – 4 AB 219 Concrete Deliver Legislation 1 – 5 Apprenticeship Standards- link to www.dir.ca.gov 1 only Non-Discrimination in Employee Benefits by City Contractors Ordinance 1 – 5 Ban the Box Requirements 1 – 3 Notice Regarding Assembly Bill 626 1 – 6 CWTA Requirements 1- 47

ITEMS DUE AT TIME OF BIDDING:

Bid Proposal Document 1 – 5 EECBG Grant Acknowledgement 1 – 4 Federal Requirements 1 – 6 Bid Proposal Guarantee 1 only Minimum Qualifications Questionnaire 1 – 6 CWTA Addendum A 1 only Drug Free Workplace 1 only

ITEMS TO BE COMPLETED BY PROIOR TO AWARD:

Contract 1 – 25 Performance Bond 1 only Payment Bond 1 only Certificate of Insurance 1 only Worker’s Compensation Certification 1 only Schedule of Values & Pay Request Application 1 – 2 Guarantee 1 only

SCOPE/PLANS/TECHNICAL SPECIFICATIONS:

NEPA Statement Of Work 1 – 7 EECBG Voucher Handbook 1 – 15 Plans 1 – 72 Specifications 1 – 599 Davis Bacon Wages 1 – 47

Updated 7/23/2026 @ 3:11:01 PM

City of Sacramento Formal Bid / Proposal Delivery Options

Any vendor and/or consultant submitting an official bid or proposal to the City of Sacramento City Clerk’s Office, shall select one of the following delivery options. To ensure responsive receipt of bids and/or proposals within established submission deadlines, address information must exactly match one of the below options.

Effective April 17, 2009, the City of Sacramento’s receiving hours are 8am to Noon Monday through Friday. If sending bids via Option 2 - Expedited Services, the bid must be delivered prior to noon or it will not be delivered until the following business day. The City of Sacramento is not responsible for the late receipt of bids and/or proposals where the proposer did not adhere to one of the available delivery options.

Option Service Provider and/or Service Types

Address

1. United States Postal Service (USPS)

- Regular First Class

- Certified or Return Receipt

- Priority

- Express

Sacramento City Clerk’s Office Public Counter, New City Hall

2. Expedited Services – Receiving Hours are 8am to Noon Monday through Friday

- FedEx

- UPS

- DHL

3. Personal Delivery

- Hand Delivery

- Courier

CITY OF SACRAMENTO INVITATION

(REV.07/20/2026)

Sealed Proposals will be received by the City Clerk of the City of Sacramento at the office of the City Clerk’s Public Counter, New City Hall, 5th Floor, located at 915 I Street between 9th and 10th Streets, up to the hour of 2:00 PM on August 12, 2026, and will be opened as soon thereafter as business allows, via Webex:

as set forth in the Contract Documents.

Proposals received and work performed thereunder shall comply with the requirements of Title 3 of the Sacramento City Code. Each Bid Proposal shall be accompanied by bid security of at least 10% of the sum of the Bid Proposal which conforms to the requirements of Section 7.0 of the Instructions to Bidders. The right to reject Proposals or to waive any error or omission in any Bid Proposal received is reserved by the City. Signed proposals shall be submitted on the printed forms contained in the Project Manual and enclosed in an envelope marked: Sealed Bid Proposal for:

You can view and download the plans and Contract Documents from:

PLANET BIDS

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#

The contractor and all subcontractors shall comply with the rates of wages currently established by the Director of Industrial Relations under provisions of Sections 1773 of the Labor Code of the State of California, a copy of which is on file in the office of the City Clerk and available to any interested party on request. In accordance with Sacramento City Code Section 3.60.180 and Section 1771.5 of the California Labor Code, the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime is not required for any construction project of $25,000 or less, or an alteration, demolition, repair, and maintenance project of $15,000 or less.

The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen.

Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage rate requirements in the project specifications and contract documents. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors

(REV.07/20/2026)

shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.

The City uses an electronic system for the submission of Labor Compliance Reports, which became effective May 1, 2007. The contractor and every lower-tier subcontractor shall submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by the City of Sacramento.

Electronic submittal is via a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor is given a Log On identification and password to access the City of Sacramento’s reporting system.

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 might be capable of generating a ‘comma delimited file’ that will interface with the software.

Department of Industrial Relations Registration and Reporting Requirements (SB 854)

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.

Pursuant to Labor Code Section 1771.1(b): (1) any bid received from a contractor that is not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 shall be rejected as non-responsive; and (2) any bid listing one or more subcontractors on the bidder’s Subcontractor and Local Business Enterprise (LBE) Participation Verification Form that are not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5, shall be rejected as non-responsive, unless the listing was an inadvertent error and any of the conditions specified in Labor Code Section 1771.1(c) apply.

(REV.07/20/2026)

This contract also is subject to compliance monitoring and enforcement by the DIR. For all contracts awarded on or after April 1, 2015, California Labor Code Section 1771.4 (enacted by SB 854) requires the contractor and all subcontractors to furnish electronic payroll records directly to the Labor Commissioner (in addition to City staff via the City’s electronic system).

A Fact Sheet summarizing the provisions of SB 854 is attached. This is provided solely for informational purposes and does not in any way affect the contractor’s and subcontractors’ obligation to comply in all respects with the provisions of SB 854, including the provisions referenced above, as well as all other applicable laws and regulations.

The contractor shall disseminate these provisions to every lower-tier subcontractor and vendor required to provide labor compliance documentation.

All questions regarding the City’s Labor Compliance Program should be directed to the Department’s contracts staff or the Labor Compliance Officer at (916) 808-4011.

Pursuant to Sacramento City Code Section 3.60.190, all contractors and subcontractors shall comply with Section 1777.5 et seq., of the California Labor Code governing the employment of apprentices. Pursuant to Sacramento City Code Section 3.60.250 and Public Contract Code Section 22300, any contract awarded pursuant to this invitation to bid shall contain a provision permitting the substitution of securities for monies withheld to ensure performance under the contract, in accordance with the requirements and form specified by the City.

Bid protests must be filed and maintained in accordance with the provisions of Sections

3.60.460 through 3.60.560 of the Sacramento City Code. Bid protests that do not comply with Sections 3.60.460 through 3.60.560 of the Sacramento City Code shall be invalid and shall not be considered. A bid protest fee of $750.00 is required at the time of filing. The term "bid protest" includes any bid protest that (1) claims that one or more bidders on this contract should be disqualified or rejected for any reason, (2) contests a City staff recommendation to award this contract to a particular bidder, or (3) contests a City staff recommendation to disqualify or reject one or more bidders on this contract. A copy of Sections 3.60.460 through 3.60.560 of the Sacramento City Code may be obtained from the Project Manager, or from the City Clerk, located at 915 I Street, 5th Floor, Sacramento, CA 95814.

Public Works Reforms (SB 854) - Important Information for Awarding Bodies

The public works reforms brought about by Senate Bill 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. Some of these changes modify the responsibilities of awarding bodies, including by eliminating the obligation to pay DIR for compliance monitoring on state bond-funded projects. Some of SB 854's changes went into effect immediately (because the bill was adopted as an urgency measure), but others will be phased in as outlined below.

The awarding body (AB) is still responsible for administering its project and ensuring that public funds are used appropriately. As partners with DIR’s Public Works Enforcement team, ABs must also ensure that all public works contractors are in compliance with all labor laws.

Some aspects of the reforms went into effect immediately, while others were phased in.

Immediate changes:

• Duty to notify DIR when awarding a contract for a public works project, using the online PWC-100 form. This requirement, found in Labor Code Section 1773.3, now applies to all public works projects. Previously it applied to projects subject either to apprenticeship or DIR compliance monitoring requirements.

• Elimination of the obligation to pay DIR for compliance monitoring on state bond-funded projects and other projects that required use of DIR's Compliance Monitoring Unit (CMU). As of June 20, 2014 (the effective date of the public works reforms), DIR continues to monitor compliance on these projects but does not charge awarding bodies for any services provided. The alternative of using a DIR-approved Labor Compliance Program (LCP) or a project labor agreement in lieu of the CMU on one of these projects was also eliminated. However, for ongoing projects that were using one of the alternatives, monitoring should continue until the project is completed.

Phased-in changes:

I. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

• All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. The phase-in timetable is as follows:

July 1, 2014: Registration program became effective and first contractors registered. Initial registrations will be valid through June 30, 2015.

March 1, 2015: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

April 1, 2015: No contractor or subcontractor may work on a public works project unless registered with DIR. No projects bid before March 1, 2015, or awarded prior to April 1, 2015 will trigger the registration requirements.

• Once the registration requirement becomes mandatory (March 1, 2015 for bids and April 1, 2015 for projects awarded), an awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

o DIR maintains an up-to-date listing of registered contractors.

o A CSLB license is not required in order to register o Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

II. NOTICE REQUIREMENTS

• January 1, 2015: The call for bids and contract documents must include the following information:

o 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)].

o 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.

o This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• [To be determined]: The awarding body must post or require the prime contractor to 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.)

III. FURNISHING OF ELECTRONIC CERTIFIED PAYROLL RECORDS TO LABOR

COMMISSIONER

• 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 is as follows:

June 20, 2014: Any project that was being monitored by the CMU/Labor Commissioner prior to the adoption of SB 854 will continue to be monitored by the Labor Commissioner afterward; and the contractors on those projects must continue to furnish certified payroll records to the Labor Commissioner until the project is complete.

April 1, 2015: For all new projects awarded on or after this date, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner.

January 1, 2016: As of this date, all contractors (except those listed as Exemptions just below) must furnish electronic certified payroll records to the Labor Commissioner in our eCPR data system.

Exemptions: As of April 1, 2015, and even after January 1, 2016, the following projects are exempt from the requirement to have contractors and subcontractors furnish certified payroll records (CPRs) to the Labor Commissioner:

Any projects monitored and enforced by the following legacy LCPs:

• California Department of Transportation (Caltrans)

• City of Los Angeles

• Los Angeles Unified School District

• County of Sacramento

Projects covered by qualifying project labor agreements, at the Labor Commissioner’s discretion.

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.

Ongoing projects that were subject to Labor Compliance Program (LCP) or Compliance Monitoring Unit (CMU) requirements prior to the adoption of SB 854:

Older projects (contract for public work was awarded prior to January 1, 2012): The LCP requirements and alternatives that applied to projects funded by Propositions 47, 55, or 84 and to certain design-build projects remain in effect. These monitoring and compliance requirements must continue to be observed through the end of the project, even if the Labor Commissioner starts monitoring the project pursuant to SB 854.

More recent projects (contract for public work was awarded on or after January 1, 2012):

All requirements for state bond-funded projects and other design-build and specially authorized projects to use the CMU or a specified alternative have been repealed. However, it is important to note the following:

• Any project that was being monitored by the CMU/Labor Commissioner prior to the adoption of SB 854 will continue to be monitored by the Labor Commissioner after;

and the contractors on those projects must continue to furnish certified payroll records to the Labor Commissioner until the project is complete.

• Bond funding agencies (such as the State Allocation Board) may still require that awarding bodies demonstrate past compliance with DIR requirements in order to qualify for retroactive funding. In particular, awarding bodies may need to show that they notified DIR of the project using the PWC-100.

• The LCP requirement for past, present, and future projects funded by Proposition 84 (Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) remains in effect. This LCP requirement must continue to be observed, even if the Labor Commissioner also monitors the project pursuant to SB 854.

All awarding bodies continue to share responsibility to monitor and enforce compliance on public works and should review the Labor Commissioner's precautionary notice (www.dir.ca.gov/DLSE/PrecautionaryLegalNoticetoAwardingBodies.html).

Questions about this notice may be sent to publicworks@dir.ca.gov

For additional information about public works requirements, please visit the DIR website.

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.

Concrete Delivery Requirements (AB 219) Back to top

1. The bill says it does not apply to public works contracts that were advertised for bid or awarded prior to July 1, 2016. What about contracts that are still in process?

If a public works contract was advertised for bid or awarded prior to July 1, 2016, the delivery of concrete to that public work is not subject to AB 219. If the contract was advertised for bid before July 1, 2016, but awarded after that date, AB 219 does not apply.

2. How will ready-mix suppliers know if an order is for public works? Who will be held responsible if they are not informed?

If the worksite owner is a public entity (e.g. school, library), it is likely a public work. The entities engaging the ready-mix services should know if the project is subject to the public works statutes, and it should be noted as part of the written agreement required by AB 219.

3. What if it is discovered that an order is for public works after the fact? How will a ready-mix supplier know if a project is public works but under the minimum threshold for applying prevailing wages?

The companies engaging the ready-mix services should also know if a project is exempt.

There are potential legal consequences for misleading contractors and subcontractors about whether a project is exempt, including joint liability for back wage and penalty assessments.

4. Do apprenticeship requirements apply to this law?

Yes, if the prevailing wage rate is based on a qualifying craft (i.e. a craft for which there is an approved apprenticeship program). Qualifying crafts are usually indicated with a pound or hashtag sign (#) by the applicable prevailing wage rate.

5. Ready-mix companies often donate concrete to schools, parks, and charitable organizations. Are these donations subject to prevailing wages?

It depends. If the project owner is a public entity, then it is probably a public works project.

However, this is something the ready-mix company can and should clarify with whoever is receiving the donated concrete.

6. How does this law apply to deliveries from out-of-state? For instance, material might be delivered from Reno for a highway project in California.

AB 219’s requirements apply to deliveries that originate out of state. If the Director has not specified a prevailing wage for the geographic area in which the factory or batching plant is located, the contractor should use a rate from the nearest geographic area.

7. Which prevailing wage rate applies? Do different rates apply to different parts of the delivery work?

The applicable prevailing wage rate is for the classification of "Driver - Mixer Trucks." This rate applies to all parts of the mixer - truck driver's work.

8. What portion of the driver’s work is covered? What if the driver is not on a round trip?

For delivery to a public works project, prevailing wage rates apply from the time the driver receives concrete at the batch plant to the time the driver returns to the batch plant. If a truck hauling concrete to a prevailing wage job does not return to the same batch plant, the post-delivery drive to a different batch plant should be counted as the return. There will always be a return trip as the trucks will not be left indefinitely at the job site.

9. What if the driver is delivering to some prevailing wage projects and some non-prevailing wage projects?

The statute does not allow any exceptions from payment of prevailing wages for time spent making intermediate stops at other potentially non-public works locations. The entire delivery process and the return trip are covered and must be paid at the applicable prevailing wage rate.

10. How would the round-trip wage be calculated if a driver goes from plant #1 (in DIR prevailing wage region X), unloads concrete at public works project A, then goes to plant #2 (in DIR prevailing wage region Y), then delivers a load of concrete to commercial project B, then goes to plant #3 (in DIR wage region Z), then delivers to public works project C, and then returns to plant #1?

From the time the driver begins receiving the concrete at plant #1 until the time the driver reaches plant #2, the rate will be the prevailing wage rate for region X. From that time until the driver begins receiving the concrete at plant #3, the driver may be paid a non-prevailing wage rate. From the time the driver begins receiving the concrete at plant #3 until he or she returns to plant #1, the driver is entitled to the prevailing wage rate for region Z.

11. If a mixer driver spends two hours at a plant, four hours delivering to public works projects, and four hours delivering to commercial projects, which wage order applies? Will it be Wage Order #1 for manufacturing, Wage Order #16 for construction, or both, depending on where the driver is at any one time?

The Labor Commissioner made the following determination in a 2001 opinion letter:

Ready-mix drivers engaged in the delivery of cement from a cement plant to a construction job-site, if employed by the business that manufactures the cement, are covered by IWC Order 1-2001 [Wage Order #1].

12. How frequently will wage rates be updated?

Existing rates in every county covered by AB 219 are under the classification of Driver - Mixer Trucks. Some rates are based on survey data and others are based on local collective bargaining agreements. Those based on survey data begin with C-MT-830;

those based on collective bargaining agreements begin with C-MT-261.

Rates based on survey data cannot be updated without a new wage survey, usually done in response to a specific request and supporting petition under Labor Code section 1773 and Title 8, California Code of Regulations, sections 16200 and 16302.

However, wage rates that are based on collective bargaining agreements are regularly adjusted as the agreements are revised.

13. Which rate applies if a company has a union rate of $60 an hour, but the prevailing wage is $18 an hour?

State law would require that the driver be paid at least $18 an hour. However, the employer may be bound to pay the higher rate because of its contractual obligation to the workers under the collective bargaining agreement.

14. Do ready-mix hauling and delivery companies need to submit electronic payrolls to DIR in addition to submitting payrolls to the general contractor and subcontractor who engaged them?

Yes, payroll records have to be submitted electronically to DIR in addition to being submitted to the party who engaged the ready-mixed concrete delivery. Payroll records must be submitted to DIR on a monthly basis or as otherwise specified by the awarding body. Please note that the requirement to submit payroll records electronically is currently on hold pending system upgrades. The upgrades will allow simplified online reporting on multiple projects. The requirement to prepare and keep certified payroll records has not changed.

15. What is the penalty for failure to submit payroll records within five days?

There is no penalty in the statute for not submitting payroll records to the general contractor and party who engaged the ready-mixed concrete services within five days.

However, the consequences of not meeting this deadline may be covered in their contract or agreement.

16. How will submission of payroll records under this law differ from how they are submitted by other subcontractors?

The new law requires ready-mix companies to submit copies of their certified payroll records (CPRs) to the party that engaged them and to the general contractor (which may be the same entity). Because public works contractors are jointly and separately liable for prevailing wage violations with the subcontractors working under them, many will include this requirement to provide CPRs as part of the purchase agreement or subcontract.

However, AB 219 also makes this a legal requirement and further specifies when the CPRs must be furnished, as well as the need for the CPRs to be accompanied by time records certified by the drivers.

The law does not specify whether the CPRs and other records must be on paper or electronic format. It is up to the parties to determine that in their agreement. Once DIR’s electronic Certified Payroll Reporting system is fully deployed with identity management features, contractors will have access to their subcontractors’ CPRs through DIR’s system at the same time that DIR does. However, that will not necessarily meet the deadline specified in AB 219 nor will it include the certified driver time records.

The law does not specify what happens if the five-day submission deadline or driver certification requirements are not met. These are not requirements that would fall within the Labor Commissioner’s enforcement responsibilities, but they would affect the rights and responsibilities of contractors and subcontractor suppliers in relationship to each other.

17. The law says payroll records should be accompanied by a written time record that shall be certified by each driver for the performance of job duties. Can the time records be certified electronically by the driver?

Electronic certifications are allowed, as there is no particular format that is required as long as there is a way to tie the certification to the person who provides it. It depends on how the driver’s time is recorded for purposes of determining the hours worked and compensation due for prevailing wage jobs.

18. How should certified payrolls be organized? Are they per driver, per plant, or per project?

They should be organized by project, which is how prevailing wages are traditionally reported and how they will need to be reported on DIR’s electronic Certified Payroll Reporting (CPR) system.

19. What constitutes a "written subcontract agreement"? What does it mean to be a subcontractor "only for the purpose of this [prevailing wage] chapter"? For example, will mechanics lien laws still apply?

"Written subcontract agreement" refers to the contract or other agreement between the public agency, company, or person who wants to obtain ready-mixed concrete and the ready-mixed concrete supplier. There must be some type of agreement, in writing, between the two.

"Only for purposes of this chapter" means that a ready-mixed concrete supplier will have the status of a subcontractor under the public works chapter of the Labor Code (sections 1720 – 1861) and will have all the responsibilities of a subcontractor under that chapter when providing ready-mixed concrete to a public works project, including but not necessarily limited to being registered with the Department of Industrial Relations and paying prevailing wages to workers who deliver the ready-mixed concrete to the project.

However, this does not make the company a subcontractor under the mechanics lien laws found in the Civil Code or under any other set of laws outside of the public works chapter of the Labor Code. The rights and responsibilities of a ready-mixed concrete supplier under any other set of laws depend on their status under those laws.

20. Will DIR specify minimum requirements for what must be included in a contract?

Can DIR provide a template?

DIR suggests that an invoice or purchase order that includes the required statutory language may be sufficient. However, the party who engages the ready-mix company may require more. DIR does not provide templates for contracts between private parties or between a private party and any public entity as these contracts may involve additional requirements and considerations with which DIR is not familiar.

21. Will a different section of the Uniform Commercial Code now apply to ready-mix suppliers for public works?

No, the requirements of AB 219 are limited to the public works chapter of the Labor Code and not intended to change the status of ready-mix suppliers under any other set of laws outside of the public works chapter of the Labor Code.

22. Will ready-mix suppliers now be listed under the Subletting and Subcontracting Fair Practices Act, like other subcontractors?

AB 219 does not define ready-mix suppliers as subcontractors for purposes of the Subletting and Subcontracting Fair Practices Act or any other laws outside of the public works chapter of the Labor Code.

Please visit the link below for further information.

https://www.dir.ca.gov/public-works/publicworkssb854faq.html

\\dgswfp01\shared\facilities shared\contract files th-kw\kw active\kinney police department hvac\planet bids\08- california labor code relating to apprentices on public works projects.docx

CALIFORNIA LABOR CODE RELATING TO PREVAILING WAGES AND

APPRENTICES ON PUBLIC WORKS PROJECTS

See following links: http://www.dir.ca.gov/Public-Works/Prevailing- Wage.html, www.dir.ca.gov, and/or www.leginfo.ca.gov

12-22-16 Page 1

REQUIREMENTS OF THE NON-DISCRIMINATION IN EMPLOYEE BENEFITS CODE

INTRODUCTION

The Sacramento Non-Discrimination In Employee Benefits Code (the “Ordinance”), codified as Sacramento City Code Chapter 3.54, prohibits City contractors from discriminating in the provision of employee benefits between employees with spouses and employees with domestic partners, and between the spouses and domestic partners of employees.

APPLICATION

The provisions of the Ordinance apply to any contract or agreement (as defined below), between a Contractor and the City of Sacramento, in an amount exceeding $100,000.00. The Ordinance applies to that portion of a contractor’s operations that occur: (i) within the City of Sacramento; (ii) on real property outside the City of Sacramento if the property is owned by the City or if the City has a right to occupy the property; or (iii) at any location where a significant amount of work related to a City contract is being performed.

The Ordinance does not apply: to subcontractors or subcontracts of any Contractor or contractors; to transactions entered into pursuant to cooperative purchasing agreements approved by the Sacramento City Council; to legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the City; where the requirements of the ordinance will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement; to permits for excavation or street construction; or to agreements for the use of City right-of-way where a contracting utility has the power of eminent domain.

DEFINITIONS

As set forth in the Ordinance, the following definitions apply:

“Contract” means an agreement for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or out of the trust money under the control or collected by the City.

“Contract” also means a written agreement for the exclusive use (“exclusive use” means the right to use or occupy real property to the exclusion of others, other than the right reserved by the fee owner) or occupancy of real property for a term exceeding 29 days in any calendar year, whether by singular or cumulative instrument, (i) for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, concessions, franchises and easements, or (ii) for the City’s use or occupancy of real property owned by others, including leases, concessions, franchises and easements.

“Contract” shall not include: a revocable at-will use or encroachment permit for the use of or encroachment on City property regardless of the ultimate duration of such permit; excavation, street construction or street use permits; agreements for the use of City right-of-way where a contracting utility has the power of eminent domain; or agreements governing the use of City property that

12-22-16 Page 2 constitute a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally protected by the First Amendment to the United States Constitution or that are primarily recreational in nature.

“Contractor” means any person or persons, firm, partnership, corporation, company, or combination thereof, that enters into a Contract with the City. “Contractor” does not include a public entity.

“Domestic Partner” means any person who has a currently registered domestic partnership with a governmental entity pursuant to state or local law authorizing the registration.

“Employee Benefits” means bereavement leave; disability, life, and other types of insurance; family medical leave; health benefits; membership or membership discounts; moving expenses; pension and retirement benefits; vacation; travel benefits; and any other benefit given to employees. “Employee benefits” shall not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state.

CONTRACTOR’S OBLIGATION TO PROVIDE THE CITY WITH DOCUMENTATION AND INFORMATION

Contractor shall provide the City with documentation and information verifying its compliance with the requirements of the Ordinance within ten (10) days of receipt of a request from the City. Contractors shall keep accurate payroll records, showing, for each City Contract, the employee’s name, address, Social Security number, work classification, straight time pay rate, overtime pay rate, overtime hours worked, status and exemptions, and benefits for each day and pay period that the employee works on the City Contract. Each request for payroll records shall be accompanied by an affidavit to be completed and returned by the Contractor, as stated, attesting that the information contained in the payroll records is true and correct, and that the Contractor has complied with the requirements of the Ordinance. A violation of the Ordinance or noncompliance with the requirements of the Ordinance shall constitute a breach of contract.

EMPLOYER NOTICE REQUIREMENTS

(a) The Contractor shall give each existing employee working directing on a City Contract, and (at the time of hire), each new employee, a copy of the notification provided as Attachment “A.”

(b) Contractor shall post, in a place visible to all employees, a copy of the notice provided as Attachment “B.”

Attachment A

YOUR RIGHTS UNDER THE CITY OF SACRAMENTO’S NON-DISCRIMINATION IN EMPLOYEE BENEFITS CODE

On ……………….. (date), your employer (the “Employer”) entered into a contract with the City of Sacramento (the “City”) for …………………………..