County of Alameda, General Services Agency Job Order Contracting for Repair, Remodeling, and Other Repetitive Work

ALAMEDA COUNTY GSA-BMD PSCBA DOCUMENTS

Page 1 of 1 ATTACHMENT 1

ATTACHMENT 1

PROJECT STABLIZATION/COMMUNITY BENEFIT AGREEMENT

(PS/CBA) DOCUMENTS

The following items are included as part of this Attachment:

1. Document 00 22 19 – Elation Application PSCBA

2. Document 00 73 49 – PSCBA Forms

3. Document 00 73 49A – PSCBA Labor Compliance Program Guide

4. Document 00 73 49B – PSCBA Agreement

END OF DOCUMENT

ALAMEDA COUNTY GSA-BMD ELATION APPLICATION PROJECT STABILIZATION/

COMMUNITY BENEFITS AGREEMENT

Page 1 of 4 DOCUMENT 00 22 19 06/05/2025

DOCUMENT 00 22 19

ELATION APPLICATION AND PROJECT STABILIZATION/COMMUNITY BENEFITS

AGREEMENT

SECTION I - GENERAL

1. PURPOSE

1.1. By submitting a bid, Bidders acknowledge and agree to all Document 00 22 19 provisions.

1.2. In the event of conflict between the terms of this Document 00 22 19 and the PROJECT STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA, (Document 00 73 49B) the terms of the PROJECT STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA shall take priority.

2. APPLICATION

2.1. The provisions outlined in this Document 00 22 19 apply to this contract for the construction of the above-referenced project.

3. HIRING OF LOCAL APPRENTICES, YOUTH, UNEMPLOYED AND UNDEREMPLOYED

RESIDENTS

3.1. The County of Alameda strongly encourages the hiring of local apprentices, youth, unemployed, and under-employed County residents to complete the work required for this project. Those firms that can demonstrate the ability and willingness to provide jobs required to complete this project to local apprentices, youth, unemployed and underemployed County residents should include such evidence in their bid response.

4. NONDISCRIMINATION

4.1. The Contractor shall comply with the Americans with Disabilities Act and Title VII of the

Civil Rights Act of 1964 and shall not, in regard to any position for which an employee or applicant for employment is qualified, discriminate against any employee or applicant for employment because of race, creed, color, religion, disability, sex (including pregnancy, sexual orientation, or gender identity), political affiliation, national origin, age (40 or older), and genetic information (including family medical history) or by any other non-merit factors be otherwise subjected to discrimination. The Contractor shall ensure applicants are employed and that employees are treated during employment without regard to their race, age, religion, Vietnam Era Veteran’s status, political affiliation, or any other non-merit factors. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other terms

Page 2 of 4 DOCUMENT 00 22 19 of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

4.2. Contractor shall, in all solicitations or advertisements for employees placed on behalf of the County, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, disability, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, religion, Vietnam Era Veteran’s status, political affiliation, genetic information, or any other non-merit factors.

SECTION II

CONTRACT COMPLIANCE REQUIREMENTS

1. APPLICATION

1.1. The following provisions shall apply to all contracts.

2. ALAMEDA COUNTY CONTRACT COMPLIANCE SYSTEM

2.1. Alameda County utilizes the Elation Systems contract compliance application as part of its commitment to assist contractors to comply with certain legal and contractual requirements. The Elation Systems, a secure web-based computer system, was implemented to monitor compliance and to track and report certified payroll and payment participation in County contracts.

2.2. The prime contractor and all participating subcontractors awarded contracts as a result of the bid process for this project are required to use the Elation System to submit payroll and payment information including, but not limited to, weekly certified payrolls, monthly progress payment reports and other information related to project progress. Use of the Elation System, support and training are available at no charge to prime and subcontractors participating in County contracts.

2.3. Upon contract award:

2.3.1. The County will provide contractors and subcontractors participating in any contract awarded as a result of this bid process, a code that will allow them to register and use the Elation System free of charge.

2.3.2. Contractors should schedule a representative from their office/company, along with each of their subcontractors, to attend Elation Systems training.

2.3.2.1. Free Elation Systems training session videos are available online within the Elations Systems application.

Page 3 of 4 DOCUMENT 00 22 19

2.4. It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize Elation Systems.

2.4.1. For systems support visit Elation Systems online at http://www.elationsys.com/ or contact them at (925) 924-0340.

2.4.2. If you have questions regarding the utilization of the Elation Systems, please contact the County Project Manager.

3. MEETINGS

3.1. After the award of the contract and prior to beginning work, the County may hold a pre-construction conference at which a representative of the Contractor and of each subcontractor must attend. As it becomes necessary during the performance of the contract, the County may call meetings of the Contractor and pertinent subcontractor as needed for Project Stabilization Community Benefit Agreement (PSBCA) clarification and compliance.

4. INFORMATION AND RECORDS

4.1. For the purposes of determining compliance with the Elation application, the

Contractor shall provide the County with access to all records and documents that relate to Elation Payroll and Payment entries. To the extent permitted by applicable law, proprietary information will be safeguarded.

SECTION III

1. OUTREACH

1.1. To promote the contractors and subcontractors in their efforts to develop their bidding and/or contracting relationships the County will:

1.1.1. E-mail the Notice to Bidders to vendors in the County Vendor Database and other sources. Advertise the project once a week for at least two consecutive weeks in a newspaper of general circulation in the county where the project is located, trade organizations and chambers of commerce, and plan rooms. Notice of this project will also be posted on the County Current Contracting Opportunities and Calendar of Events websites (see website URL addresses below).

1.1.2. Incorporate a networking and informational component in the mandatory bid walk/site visit.

http://www.elationsys.com/

Page 4 of 4 DOCUMENT 00 22 19

1.1.3. E-mail the list of attendees from the mandatory bid walk to each attendee when issuing the first Addendum for the Project and post the attendance and first Addendum on the Current Contracting Opportunities website.

2. CONTRACTOR RESOURCES

2.1. The following sources may be contacted for assistance in soliciting subcontractor participation:

2.1.1. Alameda County Contractor Technical Assistance Program (CTAP):

Johanna Le-Penn (Merriwether & Williams Insurance Services, a Hub International Company) - (510) 740-6922. CTAP@imwis.com www.IMWIS.com

2.1.2. Alameda County Transportation Commission LBE and SLBE vendors and certifications – https://www.alamedactc.org/get-involved/contract- equity/

2.2. Visit the following County of Alameda GSA websites:

CERTIFIED SMALL

LOCAL VENDORS

https://sleb.acgov.org/#/find-a-supplier/

CURRENT

CONTRACT

OPPORTUNITIES

https://gsa.acgov.org/do-business-with-us/contracting-opportunities/

CALENDAR OF

EVENTS

https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/

COUNTY OF

ALAMEDA HOME

PAGE

http://www.acgov.org/index.htm mailto:CTAP@imwis.com http://www.imwis.com/ https://www.alamedactc.org/get-involved/contract-%20equity/ https://sleb.acgov.org/#/find-a-supplier/ https://gsa.acgov.org/do-business-with-us/contracting-opportunities/ https://gsa.acgov.org/do-business-with-us/contracting-opportunities/ https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/ https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/ http://www.acgov.org/index.htm

ALAMEDA COUNTY GSA-BMD PSCBA FORMS

Page 1 of 1 DOCUMENT 00 73 49

07/11/25

DOCUMENT 00 73 49

PROJECT STABILIZATION/COMMUNITY BENEFIT AGREEMENT

of the

COUNTY OF ALAMEDA

FORMS

1. Summary

1.1. The following documents are included as part of this DOCUMENT 00 73 49:

1.1.1. DOCUMENT 00 73 49A Labor Compliance Program Guidebook

1.1.2. DOCUMENT 00 73 49 B First Amended and Restated Project Stabilization/Community Benefits Agreement (PSCBA)

1.2. The Contractor and each subcontractor at all tiers must complete and submit all forms required by the First Amended and Restated Project Stabilization/Community Benefits Agreement (PSCBA) and Labor Compliance Program Guidebook included in this

DOCUMENT 00 73 49 “PSCBA FORMS”

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

Labor Management Consultants 1630 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. The Design-Build contractor is ultimately responsible for labor compliance on the entire project.

Certified Payroll

Elation Systems, Inc.

(925) 924 - 0340 support@elationsystems.com

Labor Compliance

Debra Moore

(510) 673 - 8300 debram@dmooreconsulting.com

Labor Compliance

Marible Alejandre

(510) 385-1265 mariblel@davilliersloan.com mailto:debram@dmooreconsulting.com mailto:shanika@davilliersloan.com mailto:emilija@davilliersloan.com mailto:support@elationsystems.com mailto:info@davillier-sloan.com www.davillier-sloan.com maribel maribel Maribel Alejandre

(510) 385-1265 maribel@davilliersloan.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 LCP 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 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:

i 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.

i 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).

i 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.

www.dir.ca.gov

Required Forms

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

Prior to Construction Forms

1. Checklist of Labor Law Requirements The Design-Build contractor and each subcontractor 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 The Design-Build contractor and each subcontractor 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. The Design-Build contractor and each subcontractor 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 The Design-Build contractor and each subcontractor 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 i Must be submitted with the first certified payroll, when prevailing wage rates are updated, and when there is a change in fringe benefits.

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

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) i 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.

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

4. Certified Payroll Reporting Form i 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.

i 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.

i 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.

i 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.

i No Design-Build contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so, nor shall any Design-Build contractor or subcontractor 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.

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, the contractor 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)

1.

2.

Enter name of the Committee

3.

Date

Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

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.

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

We are already approved to train apprentices by the

THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S))

Check One Of The Boxes Below

PUBLIC WORKS CONTRACT AWARD INFORMATION

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT

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/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards.

NAME OF YOUR COMPANY

MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE

CONTRACTOR'S STATE LICENSE NO

APPROXIMATE DATES TO BE EMPLOYED

ESTIMATED NUMBER OF APPRENTICE HOURS

AREA CODE & TELEPHONE NO.

DATE OF EXPECTED OR ACTUAL START OF PROJECT

ESTIMATED NUMBER OF JOURNEYMEN HOURS

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

DATE YOUR CONTRACT EXECUTED

OCCUPATION OF APPRENTICE

NAME & ADDRESS OF PUBLIC WORKS PROJECT

DAS 140 (REV. 1/04)

State of California - Department of Industrial Relations DIVISION

OF APPRENTICESHIP STANDARDS

Signature

Typed Name

Title http://www.dir.ca.gov/das/PublicWorksForms.htm http://www.dir.ca.gov/databases/das/pwaddrstart.asp information Standards Industrial journeyman http://www.dir.ca.gov/databases/das/pwaddrstart.asp

Section 3:

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

Division of Apprenticeship Standards (DAS)

CAC - Training Fund Contributions

You must enter all requested infomation in order to ensure successful submission and processing of your payment.

Training Fund Contributions are due on the 15th of each month.

All fields with * are required.

You must use the BUTTON on the bottom of the page to submit for an invoice coupon.

TO NAVIGATE BETWEEN FIELDS, DO NOT HIT RETURN OR ENTER KEY AFTER EACH ENTRY. USE THE TAB KEY INSTEAD.

You need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session so that you can mail it with your payment.

Training Fund Contributions Form CAC2

Date: 9/25/2014

CLEAR FORM

* Name: * License Number: * Period Start: If applicable, give name of school, hospital, building, etc.

* Address:

* City:

* State:

* ZIP:

* Contract/Project Number * Period End:

(MM/DD/YYYY)

Comments:

Instructions: You may want to use the keyboard TAB key to navigate the fields and the Up /\ | Down \/ ARROW keys to select a list item.

*1) Select a county Select an occupation ** $ ** $ 0.00

2) Select a county Select an occupation $ $ 0.00

3) Select a county Select an occupation $ $ 0.00

4) Select a county Select an occupation $ $ 0.00

5) Select a county Select an occupation $ $ 0.00

6) Select a county Select an occupation $ $ 0.00

7) Select a county Select an occupation $ $ 0.00

8) Select a county Select an occupation $ $ 0.00

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Page 1 of 2DAS CAC Training Fund Contributions

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Copyright © 2014 State of California

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Frequently Asked Questions

Jobs at DIR

9) Select a county Select an occupation $ $ 0.00

10) Select a county Select an occupation $ $ 0.00

11) Select a county Select an occupation $ $ 0.00

12) Select a county Select an occupation $ $ 0.00

13) Select a county Select an occupation $ $ 0.00

14) Select a county Select an occupation $ $ 0.00

15) Select a county Select an occupation $ $ 0.00

16) Select a county Select an occupation $ $ 0.00

17) Select a county Select an occupation $ $ 0.00

18) Select a county Select an occupation $ $ 0.00

19) Select a county Select an occupation $ $ 0.00

20) Select a county Select an occupation $ $ 0.00

Footnote 1 – If you are unable to locate the occupation in the pull down menu, please click on this link:

http://www.dir.ca.gov/databases/das/aigstart.asp for specific information assistance.

TOTAL AMOUNT: $ 0.00

When done with some or all the entries above, please carefully review and then enter the green code you see below:

Calculate Total Amount

August 2014

Page 2 of 2DAS CAC Training Fund Contributions

9/25/2014https://www.dir.ca.gov/DAS/tf/cac2.asp http://www.dir.ca.gov/databases/das/aigstart.asp https://www.dir.ca.gov/DAS/tf/cac2.asp 9/ https://www.dir.ca.gov/DAS/tf/cac2.asp

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Division of Apprenticeship Standards(DAS)

Quick Links

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Division of Apprenticeship Standards (DAS)

Apprentice certification

Apprenticeship certification for public works

Enter search string ( LLLLF9999 ) here Search

How to compile the search string:

The search string is a total of nine letters and numbers (no characters ', - , etc): the first four letters of the last name (use spaces to make four letters if the last name is shorter than four letters), the first letter of the first name and the last four digits of the social security number (LLLLF9999). Letters can be entered as lower or upper case.

Examples:

Uncle Sam ssn 123-45-6789 would be entered as Sam U6789 Goddess Minerva ssn 123-45-5555 would be entered as MineG5555 Richard Al-Ham ssn 111-44-1111 would be entered as AlhaR1111 Robert O'Brian ssn 111-22-3333 would be entered as OBriR3333 James McHenry ssn 555-66-1234 might be entered as McHeJ1234 or Mc HJ1234

If you cannot find the individual you are looking for, complete the certifications you have and see the notes below.

If a search string that was entered does not match with any apprentices in the Division of Apprenticeship Standards (DAS) database, this could be due to any of the following:

1. Not a registered apprentice.

2. The submitted search string does not match to DAS records (either the database has the wrong search criteria or you have the wrong search criteria).

3. The apprentice agreement has not been submitted to DAS or has not been entered into the database (agreements must be submitted within 30 days of the date that the apprentice signed the agreement).

If you believe that the apprentice should be reported as registered and is not; please contact your local office of the Division of Apprenticeship Standards.

DAS Home

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Page 1 of 1DIR - The Division of Apprenticeship Standards apprentice certification

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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.

FIRST AMENDED AND RESTATED

PROJECT ST ABILIZATION/COMl\'IUNITY BENEFITS AGREEMENT for the

COUNTY OF ALAMEDA

Table of Contents

PREAMBLE ....................................................... ·

DEFINITIONS ...... :

PURPOSE ............................................................................... : ...................................... :

SCOPE OF AGREEMENT ......................................................................................... :

RELATIONSIDP BETWEEN PARTIES

SUBCONTRACTS ................ , .......................................................................... : .......................... 10 ·

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

PRE-JOB CONFERENCE

JOINT ADMINISTRATIVE COMMITTEE MEETINGS

COORDINATOR ................................................................................................................ ;

·UNION RECOGNITION AND REPRESENTATION

NO STRIKES - NO.LOCKOUTS

MANAGEMENT RIGHTS

WORK RULES

WAGE SCALES and FRINGE BENEFITS

HOURS OF WORK, OVERTIME, SIDFTS and HOLIDAYS

HEALTH AND SAFETY ..... ; ........................................................................................... :

REFERRAL PROCESS .......................................................................................................... , ... 21

LOCAL IDRING PROGRAM ........................................................................... · ...... , .... ~

REPORTING .............................. ~ ................................ :

HELMETS TO HARDHATS: VETERAN EMPLOYMENT

NON-DISCRIMINATION·····································································.···································· 27 GRIEVANCE PROCEDURE ......................................................................... :

MISCELLANEOUS PROVISIONS ............... · ................................................................. ·

ENTIRE AGREEMENT .................................. :

GENERAL SA VIN GS CLAUSE

. DURATION OF AGREEMENT .......... ~

PREAMBLE

This Agreement is made and entered into on this /; fh day of ((}c/v be r 2020, by and between the County of Alameda; the Building and Construction.Trades Council of Alameda County, AFL-CIO; and the local Unions signatory hereto, on their own behalf and on behalf of

. the various local Unions involved, for the construction of all Covered Projects. All Contractors and/or subcontractors shall become bound to this Agreement by signing the "Contractor Agreement To Be Bound" (Exhibit B).

RECITALS

WHEREAS, the Covered Projects described in this Agreement have been identified by the County as those in which a Project Stabilization/Community Benefits Agreement would benefit the County; and

WHEREAS, the Contractors will be engaged in construction of the project; and

WHEREAS, a ·skilled labor pool represented by the Unions will be required to complete the work involved; and

WHEREAS, the Unions agree to cooperate in every way possible with employees of the ·Contractors; and

WHEREAS, the parties to this Agreement mutually agree that safety, quality, productivity and labor harmony are primary goals; and

WHEREAS, the County desires to provide, enhance and encourage construction training and employment opportunities for Alameda County residents and small business enterprises within the County through apprentice and pre-apprentice programs; and ·

WHEREAS, the County also desires to use this Agreement as a vehicle for building the capacity of Alameda County residents and businesses and to maximize their potential to successfully participate in other large scale projects; and

WHEREAS, the parties recognize the need for safe, efficient and speedy construction in order to reduce unnecessary delays and result in timely completion of the project; and

WHEREAS, the parties desire to mutually establish and stabilize wages, hours and working conditions for the employees employed on the project by the Contractors, and further to encourage close cooperation to achieve a satisfacto1y, continuous and harmonious relationship· between the parties to this Agreement; and

WHEREAS, the County of Alameda's mission is to enrich the lives of all residents through visionary policies and accessible, responsible and effective services and historically the County

Alameda County Project Stabilization/Community Benefits Agreement has supported contracting outreach programs that recognize the economic and workforce development potential of capital construction projects on government owned facilities; and

WHEREAS, the Parties recognize that disadvantaged individuals, families, and communities within the county experience high unemployment and are also often recipients of County services, and that these disadvantaged populations may economically benefit through .participation in local hire, apprenticeship and pre-apprenticeship programs; and

WHEREAS, the Union(s), the Council, Contractors, subcontractors, ~nd the County wish to ensure labor peace at the Covered Project sites, without any disruption that could jeopardize the schedule and timeliness of the construction process, where both Contractors that are signatory to collective bargaining agreements of the Union(s) are supervising employees that are members of the Union(s) and where Contractors that are not signatory to collective bargaining agreements are supervising employees;

WHEREAS, a Project Stabilization/Community Benefits Agreement has been in place and successfully implemented since 2013, and the Parties wish to extend that Agreement, 'as amended and fully restated herein;

NOW THEREFORE, the parties, in consideration of the mutual promises and covenants herein contained, mutually agree as follows:

ARTICLE 1·

DEFINITIONS

1.1 For purposes of this Agreement, the following terms will have the following meanings.

All meanings include both the singular and plural form.

"Acceptance" shall mean action by the County notifying Contractor and other entities of Completion, as required by and in accordance with contract terms and relevant applicable statutes.

"Agreement" shall mean this Project Stabilization/Community Benefits Agreement.

~'Alternative Employee" shall mean an employee whose ser\rices have been obtained from a source other than the Union referral facilities as permitted in Section 17.6 of this Agreement.

"Apprentice"_ shall mean a person enrolled in a state-approved apprenticeship training program administered py a Joint Labor-Management Apprenticeship Training Committee (JATC).

·"Completion" means that the work of Contractors is completed, as follows:

1. The occupation, beneficial use, and enjoyment of a work of improvement by the public agency, or its agent, accompanied by a cessation oflabor on the work of improvement;

and

· 2. The acceptance by the public agency, or its agent, of the work of improvement;

3: Except that ifthe County directs a Contractor.to engage in repairs, warranty work, modifications, or punch list work or if a Contractor performs work under a change order, such work shall be Covered Work under this Agreement.

"Contractor" means all contractors and subcontractors at all tiers, and any individual, firm, partnership or corporation (including the prime contractor, subcontractor of any tier, general contractor, design-build entity, or equivalent entity), or combination thereof, including joint venu,ITes, and their successors and assigns, that is an independent business enterprise and that has entered into a contract for performance of Covered Work with the County or any of its contractors or subcontractors at any tier, with respect to the constwction work covered by this Agreement and necessary for the Covered Project or any part thereof, including construction building material delivery as set forth in Section 3.11.

"Coordinator" shall mean the company or individual designated or retained by the County to administer this Agreement.

"Core Employee" shall mean an individual meeting the criteria listed in Section 17.1.1-17.1.5.

"Council" shall mean the Building and Construction Trades Council of Alameda County.

"County" shall mean the County of Alameda acting by and through its Board of Supervisors, Agency and Department heads, and administrative staff.

"Covered Project" shall mean a construction project covered by this Agreement as set forth in Section 3 .2.

"Covered Work" means tasks in furtherance of construction of a Covered Project, including the tasks and activities specified for inclusion in Article 3, and excluding tasks and activities specified for exclusion in Article 3.

"Disadvantaged Resident" shall mean a resident of Alameda County who is unemployed at the time of commencement of work on the Covered Project, and is being sponsored into or has been enrolled in a state-approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years.

"Emergency Work" shall mean those projects undertaken when an immediate or imminent critical impact to a facility or to the ability to provide essential services is likely within 30 days should no further action be taken, or in circumstances where mandatory environmental, health and/or safety requirements will be violated without said project, provided in either case that the project is being awarded pursuant to Public Contract Code section 22050.

"General Prevailing Wage Determination" shall mean the decisions made by the Director of the California Department of Industrial Relations (DIR) establishing a journeyman craft or

· Page 3 classification's prevailing wage determination, holiday, advisory scope of work, or travel and subsistence provision. ·

"Job Order Contract" shall mean an individual annual contract for repair, remodeling or other repetitive work done according to unit prices as authorized by Public Contract Code section 20128.5.

"Local Hiring Program" shall mean the program set forth in Article 18 of this Agreement intended to achieve the inclusion of Residents and Disadvantaged Residents in the employment

· and apprenticeship opportunities on Covered Projects.

"Master Labor Agreement" or "MLA" shall mean the collective bargaining agreement of each craft Union that is signatory to this Agreement.

"Owner Operator" shall mean a sole individual that owns and drives/operates a maximum of one unit, who is employed by a Contractor in the movement or transportation of materials or goods of another, and who does not employ any other individual to operate the unit in performance of Covered Work. The Owner Operator shall be carried on the payroll of the entity that employs or otherwise uses the Owner Operator. For the avoidance of doubt, a broker of trucks shall be considered a Contractor under this Agreement and be registered as a public works contractor per California Labor Code section 1725.5.

"Party" shall mean the County, the ·council, and the Unions.

"Post-Disaster Work" shall mean County-approved construction projects consistent with Post Disaster response and recovery efforts where the public interest and necessity demand immediate ·expenditure of public funds to safeguard life, health, or property following a local, state or federally declared disaster per the Stafford Act, provided 'in that the project is being awarded pursuant to Public Contract Code section 22050.

"Project Manager" shall mean the person or persons designated by the County to manage a· Covered Project.

"Resident" shall mean an individual domiciled in Alameda County on the earlier of th.e date of employment on a Covered Project or the date of dispatch/referral by a Union. to a Contractor performing work on a Covered Project. "Domiciled" has the meaning set forth in section 349(b) of the California Election Code.

"Sole Proprietor" shall mean a licensed contractor who is exempt from the requirement to carry workers' compensation insurance and who will self-perform Covered Work without hiring employees or field staff for the Covered Project. For the avoidance of doubt, Sole Proprietors must execute the Contractor Agreement to be Bound attached hereto as Exhibit B.

"Trust Agreements" shall mean the agreements between Unions and employers and or employer associations to govern trust funds contributed on behalf of covered workers for benefits for said workers.

Page4

"Union" shall mean the Building and Construction Trades Council of Alameda County and the local Unions that have executed this agreement, acting on its own behalf and on behalf of its respective affiliates and member organizations, whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE2

PURPOSE

2.1 The purposes of this Agreement are to promote efficient construction operations on the Covered Projects, to ensure an adequate supply of skilled craftspeople, to provide for peaceful_, efficient and binding procedures for settling labor disputes, and to provide quality employment and training opportunities for Residents and Disadvantaged Residents to work on future County projects. In so doing, the parties to this Agreement establish the foundation to promote the public interest; to provide a safe work place; to assure high quality construction; to ensure unintemipted construction of Covered Projects; to secure optimum productivity; to develop a pool of skilled labor for County projects; and to facilitate on-schedule performance and County satisfaction.

2.2 It is the intent of the Parties to set out uniform and fair working conditions for the efficient completion of the Covered Projects, maintain harmonious labor/management relations and eliminate strikes, lockouts and other delays.

2.3 The Parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Covered Projects if union and nonunion workers of different employers were to work side by side on the Covered Projects, thereby leading to labor disputes that could delay completion of the Covered Projects.

2.4 This Agreement is entered into pursuant to and consistent with California Public Contract Code ("PCC") sections 2500 through 2502. Section 2500(a)(3) requires a public entity project stabilization agreement to include an agreed-upon protocol concerning drug testing for workers employed on the Covered Projects as set forth in Section 16.3.

ARTICLE3

SCOPE OF AGREEMENT

3.1 Upon becoming effective, this Agreement shall amend and fully supersede the Project Stabilization/Community Benefits Agreement for the County of Alameda dated July 9, 2019, and will be applie4 to all Covered Projects awarded on or after the effective date.

3.2 This Agreement covers:

3.2.1 Construction contracts awarded by the County, including projects executed by the County for Special Districts, having an actual bid amount of $1 million or more;

with regard to construction contracts procured by the Alameda County Public Works Agency, the Parties mutually agree to the side letter set forth as Exhibit A, with Council signature on behalf of all Union parties; and

3.2.2 Construction contracts for projects not fitting into the above categories, and for which the Board of Supervisors at its discretion designates for application of this Agreement.

3.3 The County shall not divide construction contracts to intentionally evade the monetary thresholds of Section 3.2.1.

3.4 Where the County is providing at least fifty percent (50%) of the funding for a project having an actual bid amount of $1 million or more, and is not awarding any construction contract(s) for the project and/or is not the lead agency for the project, the County shall make a request, in writing, to the entity awarding the project or the lead agency for the project, or both if both exist, to apply this Agreement, or in the alternative, shall make a request that the entity awarding the project or the lead agency for the project, or both if both exist, meet with the County and the Council to discuss application of this Agreement.

3.5 For the purpose of application of the thresholds set forth in Section 3.2.1 to Job Order Contracts, the threshold shall be applied to each Job Order, rather than to the Job Order Contract aggregate maximum. Individual Job Orders above the threshold shall require application of this Agreement to such individual Job Orders.

3.6 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Covered Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the· Covered Project, including, without limitation to the following examples, landscaping and temporary fencing, temporary HV AC, geotechnical and exploratory drilling, soils and materials testing and inspection, pipelines (including those in linear corridors built to serve the Covered Project), pumps, pump stations, start up, modular furniture installation, and final clean-up. This Agreement covers work done for the Covered Project in temporary yards, dedicated sites, or areas adjacent to the Covered Project, and at any on-site or off-site batch plant constructed to supply materials to the Covered Project.

3.7 This Agreement shall apply only to construction/craft employees, performing work on projects represented by the Unions, and shall not apply to Contractors' supervisors, technical or non-manual employees including, but not limited to, executives, engineers, office and clerical employees, drafters, architects, supervisors, timekeepers, messengers, guards, other employees above the classification of general foreman, inspectors, material testers, and/or x-ray technicians, except to the extent that such inspectors, material testers,

· and/or x-ray technicians are covered by the relevant MLA.

· 3.8 There shall b~ no limitation or restriction upon the choice of materials or upon the full use and installation of equipment, machinery, package units, factory pre-cast, prefabricated or preassembled materials, tools or other labor-saving devices. The lawful fabrication provisions of the appropriate national or local agreements shall be applicable.

The Covered Projects include work necessary for the Covered Projects and/or in temporary yards or areas adjacent to and dedicated to the Covered Projects, and at any batch plant(s) constructed or used solely to supply materials to the Covered Projects, when those sites or processes are dedicated exclusively to the Covered Projects.

3.9 This Agreement covers all on-site fabrication work over which the County or Contractors possess the right of control (including work done for Covered Projects in any temporary yard or area established for a Covered Project). Additionally, any offsite work, including fabrication, necessary for Covered Projects defined herein, that is lawfully covered by a current MLAor local addenda to a National Agreement of the applicable Union(s) that.is in effect as of the execution of this Agreement shall be considered covered work under

I this Agreement. This agreement shall not apply to factory built modular construction.

3 .10 The furnishing of supplies, equipment or materials which are stockpiled for later use shall in no case be considered subcontracting and shall be covered to the extent permitted by law. The delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill material and/or mud, shall be covered by the terms and conditions of this Agreement.