DOCUMENT_00_73_49A_-_PSCBA_LCP_Guide_2023.pdf

Labor Management Consultants

1632 12th Street Oakland, CA 94607 www.davillier-sloan.com

Labor Compliance Program Guidebook

Please provide this packet to all subcontractors with instruction that they provide it to all lower tier subcontractors. General contractors are responsible for labor compliance on the entire project.

Labor Compliance Labor Compliance

Maribel Alejandre Johari Sloan-Malek

(510) 385-1265 (510) 825-1426 maribel@davilliersloan.com johari.sloan-malek@davilliersloan.com

Certified Payroll

Elation Systems, Inc.

(925) 924 - 0340 support@elationsystems.com

The information in this Guidebook is for general guidance on the matters of Labor Compliance monitoring. Davillier-Sloan, Inc.

makes every attempt to ensure the information contained in the Guidebook is free from errors and obtained from accurate and current sources. Davillier-Sloan, Inc. reserves the right, at its discretion, to change or modify all or any part of this packet.

Periodically revised updated copies may be obtained by emailing a request to: info@davillier-sloan.com

TABLE OF CONTENTS

A. INTRODUCTION

A. Overview B. Prevailing Wage Determinations C. Site Visits D. Required Forms E. Project/Program Closeout F. Apprenticeship Utilization

B. PRIOR TO CONSTRUCTION FORMS

A. Checklist of Labor Law Requirements B. Public Works Contract Award Information (DAS 140 Form) C. Request for Dispatch of an Apprentice (DAS 142 Form)

C. DURING CONSTRUCTION SUBMITTALS

A. Statement of Employer Payments B. CAC Training Fund Contributions (CAC-2 Form) C. Statement of Non-Performance D. Public Works Payroll Reporting From (A-1-131 Form) E. Verification of Apprenticeship Status

D. PROJECT/PROGRAM CLOSEOUT

A. Contractor Affidavit

Section 1:

Introduction

A. Overview

B. Prevailing Wage Determinations

C. Site Visits

D. Required Forms

E. Project/Program Closeout

F. Apprenticeship Utilization

Overview

Davillier-Sloan, Inc. (DSI) is a third-party Labor Compliance Program (LCP) administrator. This LC Guidebook has been developed for your reference and highlights the requirements, submittals and timelines necessary to be compliant with the program.

Certified Payrolls for this project will be submitted electronically into the Elation Systems, the web-based program. Related forms will be available online and should be accessed and downloaded according to the instructions provided by Elation Systems once you have registered on the site.

The law requires that all workers including employees, independent contractors, owner-operators etc. on a public works project must be paid the prevailing wage of the area in which the project is located. Detailed information pertaining to labor compliance may be found in the contract specifications.

Prevailing Wage Determinations

The California prevailing wage determinations are based on the first bid advertisement/publication date. For design-build projects, the construction contract signing/construction contract award date shall be considered the bid advertisement date.

The California prevailing wage determinations and rates are published twice each year, in February and August. All determinations are effective ten (10) days after issuance. Some trades are issued regionally (Northern and Southern California) and other sub trades are by the county in which the project is located. There are separate determinations for apprentices on public works.

The prevailing wage determination by craft can be found on the Department of Industrial Relations (DIR) web site: www.dir.ca.gov (Labor Law/Public Works). Prevailing wage determinations and any rate changes must be posted at the job site available for workers to view.

Asterisk (*) clarifications:

Prevailing wage determinations with a single asterisk (*) after the expiration date, which are in effect on the date of advertisement of bids, remain in effect for the life of the project.

Interested parties should contact the DIR at (415) 703-4774 for the new rates after ten (10) days from the expiration date (if no subsequent determination is required).

Prevailing wage determinations with double asterisks (**) after the expiration date indicate that the basic hourly rate, overtime, holiday pay and employers’ payments for work performed after this date have been predetermined. If work is to extend past this date, the new rates must be paid and should be incorporated into contracts entered now.

Site Visits

Site visits will be conducted weekly pursuant to Labor Code 16432(d). Information on certified payrolls will be verified by visual inspection and random in-person worker interviews.

Required Forms

The required forms are available for download in the Elation Systems. Copies of completed, signed forms should be forwarded to the appropriate agency and uploaded into Elation Systems for verification.

Prior to Construction Forms

1. Checklist of Labor Law Requirements Contractors at all tiers must complete and submit this form acknowledging the California Labor Codes Regulations governing public works projects.

2. Division of Apprenticeship Standards Form DAS 140

Public Works Contract Award Information o Contractors at all tiers must complete and submit this form to the local

Apprenticeship Committee to inform them of the award of your contract.

o Submit the DAS 140 to the Joint Apprenticeship Training Committee (JATC) for each apprentice able craft or trade within the area of the project site.

Contractor at all tiers must submit this form within ten (10) days of the date of the execution of the contract but no later than the first day the contractor has workers employed on-site.

3. Division of Apprenticeship Standards Form DAS 142 Request for Dispatch of an Apprentice o Contractors at all tiers must complete and submit a Request for Dispatch of an Apprentice in writing at least 72 business hours prior to the date apprentices are needed.

o Submit the DAS 142 to each of the JATCs in the area of the project for each apprenticeable craft, until the required number of apprentices has been provided. If the required number of apprentices is not provided and a request has been submitted to all of the Committee’s in the area of the project, then the contractor shall be considered in compliance.

During Construction Forms

1. Statement of Employer Payments Must be submitted with the first certified payroll, when prevailing wage rates are updated, and when there is a change in fringe benefits.

Additional annuity payments can be indicated in the notes section of the CPR and a union dispatch slip should be uploaded into the Elation Systems.

2. California Apprentice Council Training Fund Contribution (CAC –2) The training fund contributions to the CAC are due on the 15th of each month for work performed during the preceding month. Refer to the DIR applicable prevailing wage determinations for the amount owed for each hour of work performed for journeymen and apprentices.

3. Statement of Non-Performance (when applicable)

This form is submitted when the contractor is not working on the job site for a period of more than one week but has not completed their work. Does not need to be submitted until after the first certified payroll report is received.

One form may be submitted for consecutive non-performing weeks.

4. Certified Payroll Reporting Form

Any person employed upon the project that is working with tools must be listed on the certified payroll including but not limited to owners, operators, surveyors, and foremen.

The certified payroll records shall be submitted and maintained electronically subject to the following conditions:

i. The certified payroll reports contain all of the information required by California Labor Code Section 1776. The information must include name, address, social security number, craft, classification, wages, and hours worked.

ii. The reports shall be in a format and/or use software that is readily accessible to Contractors, Awarding Bodies, LCPs, the DIR, and the DOL.

Certified Payroll submitted to DSI, the DLSE, or another entity within the DIR must be in the form of a non-modifiable image or record that bears an electronic signature or includes a copy of any original certification made on paper.

The requirements for redacting information shall be followed when certified payroll records are disclosed to the public pursuant to California Labor Code Section 1776(e). This requirement will apply whether the records are provided electronically or as hard copies.

Contractors and Subcontractors shall not be mandated to submit or receive electronic reports when they otherwise lack the resources or capacity to do so, nor shall Contractors and Subcontractors at any tier be required to purchase or use proprietary software that is not generally available to the public.

5. Statement of Compliance Certificate

A Statement of Compliance shall accompany each certified payroll record.

6. Verification of Apprenticeship Status (DAS) Verification is available on the DIR website at http://www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp.

Project/Program Closeout

Contractor Affidavit Verifies the contractor’s information, work classifications used, type of work completed, first payroll report date to final payroll report date, and how the apprenticeship utilization requirement was reached.

Apprenticeship Utilization

California Labor Codes require Contractors to hire apprentices unless the total construction contract for the project is less than $30,000 or it is not an apprenticeable craft.

Contractors, including Design-Build, General or Specialty subcontractors shall employ registered apprentices during the performance of public works in accordance with the required one (1) hour of work performed by an apprentice for every five (5) hours of work performed by a journeyman. Unless an exemption has been granted, all contractors shall employ apprentices for the number computed above, before the end of the contract or provide good faith effort documentation.

Section 2:

Prior to Construction Forms

A. Checklist of Labor Law Requirements

B. Public Works Contract Award Information (DAS 140 Form)

C. Request for Dispatch of an Apprentice (DAS 142 Form)

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 applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp 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 Enter name of the Committee Apprenticeship Committee. We will employ and train under their Standards.

2. We will comply with the standards of Enter name of the Committee Apprenticeship Committee for the duration of this job only.

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date

Typed Name

Title

State of California - Department of Industrial Relations DIVISION

OF APPRENTICESHIP STANDARDSDAS 140 (REV. 1/04)

http://www.dir.ca.gov/databases/das/pwaddrstart.asp

Explanation to box 1 ‐ 3 on form 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.

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 journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.

List one occupation/craft per form Date:

To Applicable Apprenticeship Committee:

Name:

Address:

Tel. No. Fax No.

Contractor Requesting Dispatch:

Name:

Address:

License No.

PWC Registration Number:

Tel. No. Fax No.

Project Information: PWC Project Number _________________ Contract Number __________________________

Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________

Name of the Project:

Address:

Dispatch Request Information:

Number of Apprentice(s) Needed: Craft or Trade:

Date Apprentice(s) to Report: (72 hrs. notice required) Time to Report:

Name of Person to Report to:

Address to Report to:

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or visit https://www.dir.ca.gov/das/PublicWorksForms.htm

DAS 142 (Revised 10/18) https://www.dir.ca.gov/das/PublicWorksForms.htm http://www.dir.ca.gov/databases/das/pwaddrstart.asp

Section 3:

During Construction Submittals

A. Statement of Employer Payments (Information entered onto Elation Systems - FORM not required)

B. CAC Training Fund Contributions (CAC-2 Form) (Training Fund Contributions must be paid through the union trust fund for all PSCBA covered projects)

C. Statement of Non-Performance (Information entered onto Elation Systems - FORM not required)

D. Public Works Payroll Reporting From (A-1-131 Form) (Information entered onto

Elation Systems - FORM not required)

E. Verification of Apprenticeship Status

Statement of Employer Payments

Date: In Reply, Refer to Case No:

Prime:

Subcontractor:

PROJECT NAME:

PROJECT CONTRACT NO.: County/location:

HEALTH AND WELFARE

NAME OF PLAN Address, City and Zip

ADMINISTRATOR Address, City and Zip

CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR

CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____

PENSION

NAME OF PLAN Address, City and Zip

ADMINISTRATOR Address, City and Zip

CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR

CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____

VACATION/HOLIDAY

NAME OF PLAN Address, City and Zip

ADMINISTRATOR Address, City and Zip

CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR

CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____

TRAINING

NAME OF PLAN Address, City and Zip

ADMINISTRATOR Address, City and Zip

CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR

CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____

IF YOU USE OTHER PLANS NOT LISTED ABOVE, YOU MAY USE THE BACK OF THIS FORM TO PROVIDE

THIS ADDITIONAL INFORMATION

PW 26

NOTICE TO PUBLIC ENTITY

For Privacy Considerations

Fold back along dotted line prior to copying for release to general public (private persons).

(Paper Size then 8-1/2 x l l inches)

I, (Name - print) the undersigned, am the with the authority to act for and on behalf of (Position in business)

(Name of business and/or contractor) certify under penalty of perjury that the records or copies thereof submitted and consisting of _ (Description, number of pages) are the originals or true, full, and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named.

Date: Signature:

A public entity may require a stricter and/or more extensive form of certification.

Section 4:

Closeout

This form must be submitted to DSI during project/program closeout

A. Contractor Affidavit

Contractor Affidavit Contract #

1. I am the (owner, officer, partner) of (Company) who performed work on the (Project) in the classification (s) of The labor performed by these workers can best be described by

2. During the payroll periods commencing on and ending on all persons employed by my company on this project have been paid the specified prevailing rate of per diem wages for the specified craft or classification pursuant to Labor Code Section 17711.

3. The apprenticeship committee (s) either denied or failed to respond to our request for the dispatch of apprentices, and therefore all workers were classified as journeyman

Or

4. Apprentice (s) worked a total of hours and journeyman worked a total of hours establishing an apprentice \ journeyman ratio in hours of to .

Or

5. Apprentices were employed in accordance with the DAS exemption that required one apprentice for every five journeyman employed on each day of the contract.

Executed this day of 20 , at , California.

Signature

1 Except for public works project of one thousand dollars ($1000) or less , not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.