Professional Documents
Culture Documents
FOR
CALIFORNIA PUBLIC WORKS PROJECTS
Big industry...
Federal, State of California, county, and city financed projects offer huge
opportunities for contractors. According to the Department of Industrial
Relations there are almost 6,000 public works projects sponsored by State
of California agencies, counties, cities, school districts, and other special
districts between July 2010 and 2011 ✝.
Public works projects should set the standard for all construction projects
in terms of governance, administrative, operational, and compliance
activities because of the strict regulatory requirements resulting from
taxpayers money being put to work.
The Federal Public Buildings, Property, and Works Code, The State of
California Public Contracts Code, and various local county and city codes
address how projects must be bid and conducted.
Prevailing wages...
www.dir.ca.gov/t8/16001.html
Counties and cities may have specific requirements also. For example,
San Francisco has its own Office of Labor Standards Enforcement for
county and city laws and regulations.
www.sfgsa.org/index.aspx?page=391
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Prevailing wage rates are the minimum for particular work classifications
(trades and crafts) for workers on public works projects.
Includes truck drivers who are not owner-operators, and all other
owner-operators
www.dol.gov/compliance/laws/comp-dbra.htm
www.dol.gov/compliance/laws/comp-dbra.htm#recordkeeping
www.dol.gov/whd/programs/dbra/wh347.htm
www.dol.gov/compliance/laws/comp-cwhssa.htm
www.access.gpo.gov/nara/cfr/waisidx_99/29cfr3_99.html
www.access.gpo.gov/nara/cfr/waisidx_99/29cfr5_99.html
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Basic records for each employee must include:
Work classification(s)
Deductions
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Form WH347
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State of California requirements for prevailing wages...
www.dir.ca.gov/dlse/PWManualCombined.pdf
www.dir.ca.gov/DLSE/dlse.html
www.dir.ca.gov/dlse/dlsePublicWorks.html
www.dir.ca.gov/t8/ch8sb3.html
www.calpublicworks.com
www.dir.ca.gov/t8/16421_appendixA.html
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This checklist addresses Federal and State Labor Law requirements
applicable to public works contracts in California, and other aspects of
Federal and State laws that must be complied with on public works
projects:
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Checklist of Labor Law Requirements – Page 2
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State of California forms requirements for paying prevailing wages...
www.dir.ca.gov/DAS/PublicWorksForms.htm
www.dir.ca.gov/dlsr/DPreWageDetermination.htm
www.dir.ca.gov/DAS/PWAppWage/PWAppWageStart.asp
www.dir.ca.gov/dlse/DLSE-PublicWorks.htm
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Forms presented herein include:
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Representative Journeyman Wage Determination (Carpenter)
Page 1
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Representative Journeyman Wage Determination (Carpenter)
Page 2
12
Representative Apprentice Wage Determination (Carpenter)
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DAS 140 – Public Contracts Award Information
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DAS 142 – Request For Dispatch Of An Apprentice
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DAS 1 – Apprentice Agreement – Page 1
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DAS 1 – Apprentice Agreement – Page 2
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A-1-131 – Public Works Payroll Reporting Form – Page 1
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A-1-131 – Public Works Payroll Reporting Form – Page 2
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PW 26 – Statement Of Employer Payments (Fringe Benefits)
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CAC 2 – Training Funds Contribution
(California Apprenticeship Council)
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State of California – apprenticeship requirements on public works...
www.dir.ca.gov/databases/das/aigstart.asp
www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp
All electricians who work for a contractor with a C-10 license must be
certified.
www.dir.ca.gov/das/ElectricalTrade.htm
www.dol.gov/whd/programs/dbra/faqs.htm
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Wage rates in a local market may be influenced by collective bargaining
agreements; those that may have been predetermined for Federal public
works in the local labor market; and data provided by employers,
employer associations, and labor organizations.
An argument for prevailing wages is that the concept drives wages in the
construction industry across both public works and private works, whether
contractors are signatories to labor agreements or not, providing a strong
income base for taxation and consumer spending. For public works
projects, it should provide a level playing field for competitors on the
basis of wages paid per hour. A contractor's competitiveness is thus based
upon the efficiency and effectiveness of the project, or willingness to
reduce profit.
As with any laws and regulations, there are always opportunities for
circumvention.
www.dir.ca.gov/dlsr/FAQ_PrevailingWage.html
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Components of prevailing wage rate determinations include:
Basic hourly rate – this is the minimum “cash” wage paid to workers
Vacation
Pension
Subsistence
Employer payments for fringe benefits, except training funds, are made on
behalf of workers:
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Overtime rates are multiples of basic rates to which fringe benefits are
added.
www.gpo.gov/davisbacon/referencemat.html
www.dir.ca.gov/DAS/DAS_BuildingCompliance/Contractors/FAQs.html
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For more information...
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About Nigel A.L Brooks...
www.nigelalbrooks.com
www.bldsolutions.com
27
THE BUSINESS LEADERSHIP DEVELOPMENT CORPORATION
13835 NORTH TATUM BOULEVARD 9-102
PHOENIX, ARIZONA 85032 USA
www.bldsolutions.com
(602) 291-4595