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RES-2013-063RESOLUTION NO. 2013- 063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE LABOR COMPLIANCE PROGRAM FOR PROPOSITION 84 FUNDED PUBLIC WORKS PROJECTS. WHEREAS, the California Labor Code requires contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations ( "DIR "), Division of Labor Statistics and Research; and WHEREAS, the California Labor Code requires contractors to keep accurate payroll records of trade workers on all public works projects and to submit copies of certified payroll records upon request; and WHEREAS, the City has applied for and has been granted several grant funds under Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ( "Proposition 84 "); and WHEREAS, one such grant is under the competitive Proposition 84 Statewide Park Development and Community Revitalization Grant Program of 2008 (Proposition 84) and the $4,227,426 grant is being used to renovate an existing 4,312 square -foot warehouse building into a neighborhood community center, and for the development of the surrounding City -owned property into a neighborhood park; and WHEREAS, another grant is under the competitive Proposition 84 Stormwater Grant Program of 2007 (Proposition 84) and the $1,344,000 grant is being used for the conversion of 3.4 acres of remnant parcels, excess from the street widening on Brookhurst Street Project, to an open space greenbelt featuring vegetated swales, trees, shrub planting, decomposed granite pathways and other miscellaneous LID elements; and WHEREAS, Proposition 84 requires the body awarding a contract for a public works project financed in any part with Proposition 84 funds, to adopt and enforce or contract with a third party to enforce, a Labor Compliance Program ( "LCP ") pursuant to California Labor Code; and WHEREAS, an LCP is required, among other things, to inform contractors about their prevailing wage obligations, review certified payroll reports, monitor compliance and enforce contractors' compliance with California labor and apprenticeship laws for the public works projects; and WHEREAS, the City intends to submit an application to the Department of Industrial Relations for the formation and establishment of a Labor Compliance Program for all Proposition 84 funded public works projects; and WHEREAS, the provisions of Proposition 84 allow the City to utilize the services of a third party labor compliance consulting firm to execute the services of the City's DIR- approved Labor. Compliance Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That the City approves and adopts the Labor Compliance Program for all Proposition 84 funded projects, in accordance with the requirements of Proposition 84 and authorizes staff to submit all necessary forms, applications and information to the California Department of Industrial Relations for the Labor Compliance Program. 2. Authorizes staff to utilize the necessary licensed consultants to assist in the development and maintenance of a Labor Compliance Program. 3. Authorizes the City Manager, and /or his or her designee, to act as the agent of the City on all matters concerning the Labor Compliance Program. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3 nth _ day of Apr; , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM r� (ll—� MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY - 01 ANAHEIM 94813. Ubmorley Labor Compliance Manual CITY OF ANAHEIM 200 South Anaheim Boulevard, 2 "d Floor, Anaheim, CA 92805 (714) 765 -5176 x 5710 Table of Contents Page No. SECTION 1: SECTION II: ARTICLE I: ARTICLE 1I ARTICLE III: ARTICLE IV: ARTICLE V: ARTICLE VI: ARTICLE VII: ARTICLE VIII: ARTICLE IX: ARTICLE X: ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F: ATTACHMENT G: SECTION III: SECTION IV: INTRODUCTION ................................................. ............................... I LABOR COMPLIANCE PROGRAM ................ ..............................4 PUBLIC WORKS SUBJECT TO PREVAILING WAGELAWS ......................................................... ..............................5 COMPETITIVE BIDDING ON PUBLIC WORKS CONTRACTS ........................... ..............................6 JOB START MEETING .......................................... ..............................7 REVIEW OF CERTIFIED PAYROLL RECORDS .............................9 ENFORCEMENT................................................... .............................16 ENFORCEMENT ACTIONS ................................. .............................18 NOTICE OF WITHHOLDING AND REVIEW THEREOF ..............26 DISTRIBUTION OF FORFEITED SUMS ............ .............................29 OUTREACH ACTIVITIES ................................... .............................30 ANNUAL REPORTS ............................................. .............................31 CHECKLIST OF LABOR LAW REQUIREMENTS .........................34 AUDIT RECORD WORKSHEETS ....................... .............................35 REQUEST FOR APPROVAL OF FORFEITURE .............................36 NOTICE OF WITHHOLDING OF CONTRACT PAYMENTS ........ 37 NOTICE OF RIGHT TO OBTAIN REVIEW ........ .............................38 NOTICE OF TRANSMITTAL .............................. .............................40 NOTICE OF OPPORTUNITY TO REVIEW EVIDENCE ................41 REQUEST TO REVIEW EVIDENCE ................... .............................43 IMPLEMENTATION PLAN .............................. .............................45 OPERATIONAL MANUAL ................................ .............................46 A. Site Visitation .................................................... .............................47 B. Interviewing ...................................................... .............................48 C. Reporting ........................................................... .............................49 ne Table of Contents Paize No. SECTION V: SECTION VI: PROCEDURES ........................................................... ............................. A. Certified Payroll Verification Procedures for the City of Anaheim ....51 B. Site Monitor Procedures ......................................... .............................52 FORMS ........................................................................ ............................. Form 1: Prevailing Wage Contractor Information ....... .............................54 Form 2: Checklist of Labor Law Requirements ......... .............................61 Form 3: Apprenticeship Information, Amended Labor Code Sections and Contract Award Form (DAS 140) ........................ ............................... 67 Form 4: Apprenticeship Request/Dispatch Form (DAs 142) ......................74 Form 5: Training Fund Contributions Form ................ .............................75 Form 6: Contractor Fringe Benefit Statement ............. .............................76 Form 7: Public Works Payroll Reporting Form ........... .............................77 Form 8: Sample General Prevailing Wage Determination .......................78 Form 9: Labor Compliance Site Visitation Interview Form .....................80 Form 10: Site Visitation Log Form .............................. .............................81 Form 11: Sample Pre Award Letter ............................. .............................82 Form 12: Sample Post Award Letter ........................... .............................83 Form 13: Sample I" Request for Certified Payrolls .................... Form 14: Sample Missing Documents Request Form . .............................85 Form 15: Sample Certified Payrolls Correction Letter .............................86 Form 16: Report of Action for Prevailing Wage Violation ......................87 Form 17: Withholding Amount Calculation ............... .............................88 Form 18: Project Labor Compliance Review /Enforcement Report ........ 89 Form 19: Labor Compliance Program Certification Form .......................92 -ii- SECTION I INTRODUCTION -1- INTRODUCTION The City of Anaheim institutes this Labor Compliance Program ( "LCP ") for the purpose of implementing its policy relative to the labor compliance provisions of State - funded and Federally -fimded public works contracts. This LCP contains the labor compliance standards required by State laws, regulations, and directives. The California Labor Code Section 1770, et seq. requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research ( "DLSR "). In establishing this LCP, the City of Anaheim adheres to the statutory requirements as set forth in Labor Code section 1771.5(b). Further, it is the intent of the City of Anaheim to actively enforce this LCP by monitoring construction sites for the payment of prevailing wage rates, and by requiring contractors and subcontractors having workers on sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. California Labor Code Section 1776 as amended, requires contractors to keep accurate payroll records of trades' workers on all public works projects and to submit copies of certified payroll records upon request. California Labor Code Section 1777.5 requires contractors to employ registered apprentices on public works projects. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City of Anaheim will modify the affected portions of this program accordingly. The City of Anaheim's Labor Compliance Officer ( "LCO ") shall be responsible for implementation and enforcement of the City of Anaheim's LCP, which includes, but is not limited to; 1. Contractors' payment of applicable general prevailing wage rates. 2. Contractors' employment of properly registered apprentices. 3. Contractors' providing certified payroll records upon request but not less than weekly. -2- 4. Monitoring construction sites for the verification of proper payments of prevailing wage rates and work classification. 5. Conducting pre job conferences with contractors /subcontractors. 6. Withholding contract payments and imposing penalties for noncompliance. 7. Preparation and submittal of annual reports. -3- SECTION II LABOR COMPLIANCE PROGRAM Me ARTICLE I PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et Le ., and include, but are not limited to, such types of work as construction, alteration, demolition, installation or repair work. DLSR predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. For more information, see the Prevailing Wage Contractor Information handout attached hereto as Form 1. 1. Types of Contracts to Which Prevailing Wage Requirements Apply As provided in Labor Code Section 1771.7(a) and (b), an awarding body that chooses to use State Bond funding shall initiate and enforce an LCP as described in Labor Code Section 1771.5(b) with respect to that public works project. 2. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of the City of Anaheim's LCP is established by Section 16425 of Title 8 of the California Code of Regulations. Contracts are not subject to the jurisdiction of the LCP until after the program has received initial or final approval. 3. Exemption Any public works project that does not exceed $1,000 shall not require the payment of prevailing wage. This exemption remains unchanged under an LCP initiated and enforced. -5- ARTICLE II COMPETITIVE BIDDING ON PUBLIC WORKS CONTRACTS The City of Anaheim shall publicly advertise upcoming public works projects to be awarded according to a competitive bidding process. All bid advertisements (or bid invitations) and public works contracts shall contain appropriate language concerning the requirements of the Labor Code. -6- ARTICLE III JOB START MEETING After the governing body awards the public works contract, and prior to the commencement of the work, the City of Anaheim shall conduct a mandatory Job Start meeting (Pre- Construction conference) such meeting shall be conducted by the City of Anaheim with the contractor and those subcontractors listed in the contractor's bid documents. At that meeting, the City of Anaheim will discuss the Federal and State labor law requirements applicable to the contract, including prevailing wage requirements, the respective record keeping responsibilities, the requirement for the submittal of certified payroll records to the City of Anaheim, and the prohibition against discrimination in employment. The City of Anaheim will provide the contractor and each subcontractor attending the Job Start Meeting with a Checklist of Labor Law Requirements (attached hereto as Attachment A) and shall discuss the items on the Checklist of Labor Law Requirements at the Job Start Meeting and will discuss in detail the following checklist items: 1. The contractor's duty to pay prevailing wages (Labor Code Section 1770 et sue-); 2. The contractor's duty to employ registered apprentices on public works projects (Labor Code Section 1777.5); 3. The penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment (Labor Code Sections 1775 as amended, 1777.7 and 1813); 4. The requirement to maintain and submit copies of certified payroll records to the City of Anaheim on a weekly basis, as required (Labor Code Section 1776 as amended), and penalties for failure to do so (Labor Code Section 1776(h) as amended); The requirement includes and applies to all subcontractors performing work on projects even if their portion of the work is less than one half of one percent of the total amount of the contract. 5. The prohibition against employment discrimination (Labor Code Sections 1735 and 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended); -7- 6. The prohibition against taking or receiving a portion of an employee's wages (Labor Code Section 1778) (kickback); 7. The prohibition against accepting fees for registering any person for public works (Labor Code Section 1779) or for filing work orders on public works (Labor Code Section 1780); 8. The requirement to list all subcontractors that are performing one half of one percent of the total amount of the contract -(Public Contract Code Section 4100 et sec .); 9. The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed (Labor Code Section 1021 and under California Contractors License Law). Also, see Business and Professions Code Section 7000, et se-; 10. The prohibition against unfair competition (Business and Professions Code Sections 17200- 17208); 11. The requirement that the contractor and subcontractor be properly insured for Workers' Compensation (Labor Code Section 1861); 12. The requirement that the contractor abide by the Occupational Safety and Health laws and regulations that apply to the particular public works project. 13. The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility /citizenship from all workers. 14. The requirement to provide itemized wage statements to employees under Labor Code Section 226. The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions of the City of Anaheim relative to the items contained in the Checklist of Labor Law Requirements. The Checklist will then be signed by the contractor's representative and the City of Anaheim. At the Job Start meeting, the City of Anaheim will provide the contractor with a copy of the City of Anaheim's LCP package which includes: a copy of the approved LCP, the Checklist of Labor Law Requirements, blank certified payroll record forms, fringe benefit statements, and state apprenticeship requirements. A copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720- 1861) and Prevailing Wage Rate Determination may be obtained at the Department of Industrial Relations website ( http:// www. dir. ca. gov/ DLSR/statistics_research.html). It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. ARTICLE IV REVIEW OF CERTIFIED PAYROLL RECORDS 1. Certified Payroll Records Required The contractor and each subcontractor shall maintain payrolls and basic payroll - related records (i.e. timecards, canceled checks, cash receipts, trust fund forms., accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall preserve them for a period of three (3) years thereafter for all trade workers working on projects which are subject to the LCP. Such records shall include the name, address, and social security number of each worker, his or her classification, a general description of the work each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, and actual wages paid. See Form 5 (Training Fund Contributions Form), Form 6 Contractor Fringe Benefit Statement, and Form 7 (Public Works Payroll Reporting Form) attached hereto. a. Submittal of Certified Payroll Records The contractor and each subcontractor shall maintain weekly certified payroll records for submittal to the City of Anaheim as required. The contractor shall be responsible for the submittal of payroll records of all its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the contractor or each subcontractor indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relations, and that the classifications set forth for each employee conform with the work performed. Time cards, front and back copies of cancelled checks, daily logs, employee sign -in sheets and/or any other records maintained for the purposes of reporting payroll may be requested by the City of Anaheim at any time and shall be provided within 10 days following the receipt of the request. The certified payroll records required by Labor Code Section 1776 as amended, may be maintained and submitted electronically subject to the following conditions: A. The reports contain all of the information required by Labor Code Section 1776 as amended, with the information organized 52 in a manner that is similar or identical to how the information is reported on the Department of Industrial Relations' suggested "Public Works Payroll Reporting Form "(Form A- l -131); B. The reports are in a format and use software that is readily accessible and available to contractors, awarding bodies, Labor Compliance Programs, and the Department of Industrial Relations; C. The reports submitted to the City of Anaheim are either (1) 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, or alternatively (2) printed out and submitted on paper with an original signature; D. The requirements for redacting certain information shall be followed when certified payroll records are disclosed to the public pursuant to Labor Code Section 1776(e), whether the records are provided electronically or as hard (paper) copies; and E. No 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 contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. b. Full Accountability Each individual, laborer or craftsperson working on a public works contract must appear on the payroll. The basic concept is that the employer who pays the trade worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner - operators are to be reported by the contractor employing them; rental equipment operators are to be reported by the rental company paying the workers' wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked and the trade classification descriptive of the work actually done. The contractor shall (i) provide the records required under this section to the City of Anaheim within ten (10) days of each pay period, and (ii) make available the records for inspection by the Department of Industrial Relations, and (iii) permit representatives of the City of Anaheim and the Department of Industrial Relations to interview trades workers during working hours on the project site. -10- C. Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code Section 1775 as amended. 2. Payment to Employees Employees shall be paid on a regular basis. An employer must establish a fixed workweek (Sunday through Saturday, for example) and payday (such as every Friday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas in fact, he /she is merely a journey level mechanic supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trade worker. Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting, and workers' compensation laws. The worker's rate for straight time hours must equal or exceed the rate specified in the contract by reference to the "Prevailing Wage Determinations" for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid for hours worked in excess of eight (8) hours in a day and forty (40) hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the sample Prevailing Wage Determination. See Form 8 attached hereto. 3. Apprentices The City of Anaheim shall: A. Inform contractors and subcontractors bidding public works about apprenticeship requirements. B. Check the Division of Apprenticeship Standards Debarment List at http:// www .dir.ca.gov /das /debarment.htm C. Send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code. D. Refer complaints and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. The City of Anaheim shall be responsible for enforcing prevailing wage pay requirements for apprentices consistent with the practice of the Labor Commissioner, including: A. That any contributions required pursuant to Labor Code Section 1777.5(m) are paid to the appropriate entity. B. That apprentices are paid no less than the prevailing apprentice rate. C. That workers listed and paid as apprentices on the certified payroll records are duly registered as apprentices with the Division of Apprenticeship Standards. D. Require that the regular prevailing wage rate be paid to any worker who is not a duly registered apprentice and is paid for all hours in excess of the maximum ratio permitted under Labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor's or subcontractor's work on the public works contract. Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of the work he /she actually performed. Pre - apprentice trainees, trainees in non- apprenticeable crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. For additional information, see Form 2, (Checklist of Labor Law Requirements) attached hereto. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: -12- a. Submit contract award information to the Apprenticeship Committee for each apprenticeable craft or trade in the area of the Project; and b. Request dispatch of apprentices from the applicable Apprenticeship Program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours of journeyperson work. See Form 3 (Apprenticeship Information) attached hereto; and C. Contribute to the applicable Apprenticeship Program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage rate publication for journeypersons and apprentices. If payments are not made to an Apprenticeship Program, they shall be made to the California Apprenticeship Council, Post Office Box 420603, San Francisco, CA 94142. See Form 4 attached hereto. If the contractor is registered to train apprentices, it shall furnish to the City of Anaheim written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid there under for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor /subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. 4. Review of Certified Payroll Records The City of Anaheim shall ensure that public works contractors comply with the prevailing wage requirements found in the Public Works Chapter of the Labor Code. This regulation intends to establish minimum requirements that the City of Anaheim will meet or exceed in carrying out that function as follows: (a) Payroll records furnished by contractors and subcontractors shall be reviewed by the City of Anaheim as promptly as practicable after receipt thereof, but in no event more than 30 days after such receipt. The City of Anaheim's review is defined as an inspection of the records ftimished to determine if (1) all appropriate data elements identified in Labor Code Section 1776(a) have been reported; (2) certification forms have been completed and signed in compliance with Labor Code Section 1776(b); and (3) the correct prevailing wage rates have been reported as paid for each classification of labor listed thereon, with confirmation of payment in a manner and to the extent described in subpart (b) below. (b) "Confirmation" of payroll records furnished by contractors and subcontractors shall be defined as an independent corroboration of -13- reported prevailing wage payments. Confirmation will be accomplished by the City of Anaheim through worker interviews, the examination of paychecks and/or pay stubs, direct confirmation of payments from third party recipients of "employer payments" (as defined at Section 16000 of Title 8 of the California Code of Regulations), or any other reasonable method of corroboration. For each month that a contractor or subcontractor reports having workers employed on public works, the City of Anaheim shall confirm the furnished payrolls randomly for at least one worker for at least one weekly period within that month. Confirmation shall also be undertaken by the City of Anaheim whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the City of Anaheim that payroll records by a contractor or subcontractor are inaccurate. (c) The City of Anaheim shall conduct in- person inspections at the sites at which the contract for public work is being performed. These on -site visits will be undertaken randomly or as deemed necessary by the City of Anaheim. On -site visits shall be undertaken during each week that workers are present at sites at which the contract for public works is being performed. All on -site visits shall include a visual inspection of (1) the copy of the determination(s) of the Director of Industrial Relations of the prevailing wage rate of per diem wages required to be posted at each job site in compliance with Labor Code Section 1773.2, and (2) the Notice of the City of Anaheim's approval that is required to be posted at the job site in accordance with Section 16429, listing the telephone number to call for inquiries, questions or assistance with regard to labor wage compliance issues. On -site visits may include other activities deemed necessary by the City of Anaheim to independently corroborate prevailing wage payments that are reported on payroll records that are furnished by contractors and sub - contractors. 5. Audit of Certified Payroll Records An audit shall be conducted by the City of Anaheim whenever the City has determined that there has been a violation resulting in an underpayment of wages. The Audit Record form (attached hereto as Attachment B) will summarize the nature of the violation and the basis upon which the determination was made. After the City has determined that violations have resulted, notification shall be provided to the contractor and affected sub contractors and they will be given 10 days following such notification to submit information that is consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If the City of Anaheim determines that the failure to pay correct wages was a good faith mistake, the city shall not be required to request that the laborer Commissioner determine the amount of penalties to be assessed -14- under Labor Code Section 1775 as amended if the underpayment of wages is promptly corrected and proof of such payment is submitted to the City: 1. RECEIPT OF A WRITTEN COMPLAINT Upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code, the City of Anaheim shall do all of the following: (1) Within 15 days after receipt of the complaint, send a written acknowledgement to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; (2) Within 15 days after receipt of the complaint, provide the affected contractor with the notice required under Labor Code Section 1775(c) if the complaint is against a subcontractor; (3) Notify the complaining party in writing of the resolution of the complaint within ten days after the complaint has been resolved by the City of Anaheim; (4) Notify the complaining party in writing at least once every 30 days of the status of the complaint that has not been resolved by the city; (5) Notify the complaining party in writing at least once every 90 days of the status of the complaint or in litigation before another entity. With respect to apprenticeship standards, the City of Anaheim's duties are as follows: (1) The City of Anaheim, acting as the Awarding Body, shall (A) inform contractors and subcontractors bidding public works about apprenticeship requirements, (B) send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code, and (C) refer complaints and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. (2) The City of Anaheim shall be responsible for enforcing prevailing wage pay requirements for apprentices consistent with the practice of the Labor Commissioner, including (A) that any contributions required pursuant to Labor Code Section 1777.5(m) are paid to the appropriate entity, (B) that apprentices are paid no less than the prevailing apprentice rate, (C) that workers listed and paid as apprentices on the certified payroll records are duly registered as apprentices with the division of Apprenticeship Standards, and (D) requiring that the regular prevailing wage rate be paid (i) to any worker who is not duly registered apprentice and (ii) for all hours in excess of the maximum ratio permitted under labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. -15- Project Labor Compliance Review/Enforcement Report For each public work project subject to the City of Anaheim's enforcement of prevailing wage requirements, a separate written summary of labor compliance activities and relevant facts pertaining to that particular project shall be maintained. That summary shall demonstrate that reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor Commissioner. Compliance records for a project shall be retained until the later of (1) at least one year after the acceptance of the public work or five years after the cessation of all labor on a public work that has not been accepted, or (2) one year after a final decision or judgment in any litigation under labor Code Section 1742. The written summary shall include information maintained electronically, provided that the summary or report can be printed out in a hard copy form or is an electronic format that (1) can be transmitted by e-mail or compact disk and (2) would be acceptable for the filing of documents in a federal or state court of record with the State of California. A sample copy of the City of Anaheim's Project Labor Compliance Review /Enforcement Report form is attached in Section VI as Form 18. -16- ARTICLE V ENFORCEMENT The City of Anaheim, as an approved LCP, has a duty to the Director to enforce the requirements of Chapter 1, part 7 of Division 2 of the Labor Code and these regulations in a manner consistent with the practices of the Labor Commissioner. It is the practice of the City of Anaheim to refer to the Director's ongoing advisory service of web -posed public works coverage determinations as a source of information and guidance in making enforcement decisions. It is also the practice of the City of Anaheim to be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code Section 1742(b) and Sections 17201 -17270 of title 8 of the California Code of Regulations. If an investigation reveals that a willful violation of the Labor Code has occurred, the City of Anaheim will make a written report to the Labor Commissioner (see Form 14 attached hereto) which shall include: (1) an audit consisting of a comparison of payroll records to the best available information as to the actual hours worked and (2) the classification of workers employed on the public works contract. Six (6) types of willful violations are reported: 1. Failure to Comply with Prevailing Wage Rate Requirements Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and contracts) is determined a willful violation whenever less than the stipulated basic hourly rate is paid to workers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. 2. Falsification of Payroll Records, Misclassification of Work, and/or Failure to Accurately Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. 3. Failure to Submit Certified Payroll Records The contractors and subcontractors shall have ten (10) days upon written notification by the City of Anaheim to comply with the requirement of submittal of weekly certified payroll records and /or to correct inaccuracies or omissions that have been detected in certified payroll records. -17- 4. For Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for employer payments or trust fund contributions and are determined to be part of the required prevailing wage rate. Failure to pay or provide fringe benefits and/or make trust fund contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. 5. Failure to Pay the Correct Apprentice Rates and /or Misclassiflcation of Workers as Apprentices Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. 6. For the Taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code Section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. -18- ARTICLE VI ENFORCEMENT ACTIONS 1. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate a. "Withhold" means to cease payments by the awarding body, its agents or others who pay on its behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. A release bond under Civil Code Section 3196 may not be posted for the release of the fiends being withheld for the violation of the prevailing wage law. b. "Contracts" except as otherwise provided by agreement, means only contracts under a single master contract, or contracts entered into as stages of a single project which may be the subject of withholding, pursuant to the Labor Code Sections 1720, 1720.2, 1720.3, 1720.4, 1771, and 1771.5. C. "Delinquent payroll records" means those not submitted on the basis set forth by the City of Anaheim. d. "Inadequate payroll records" are any one of the following: i. A record lacking the information required by Labor Code Section 1776 as amended; ii. A record which contains the required information but which is not certified, or certified by someone not an agent of the contractor or subcontractor; or iii. A record remaining uncorrected for one payroll period, after the City of Anaheim has given the contractor written notice of inaccuracies detected by audit or record review; provided, however, that prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent (1%) of the entire certified weekly payroll in dollar value and do not affect more than half the persons listed as workers employed on that certified weekly payroll, as defined in Labor Code Section 1776 as amended and Section 16401 of Title 8 of the California Code of Regulations. Prompt -19- correction will stop any duty to withhold if such inaccuracies are de minimus. e. The withholding of contract payments when payroll records are delinquent or inadequate if required by Labor Code Section 1771.5(b)(5) and it does not require the approval of the Labor Commissioner. The City of Anaheim shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any amount that the City has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the City provides notice that the subcontractor has cured the delinquency or deficiency. f. When contract payment are withheld, the City of Anaheim shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following; (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld, and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed pursuant to Labor Code Section 1776 as amended. No contract payment shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. 2. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment Or Other Violations Has Occurred a. "Withhold" and "contracts" have the same meaning set forth in Sections 16435(a) and 16435(b) of the regulations. b. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under labor Code Section 1729. -20- c. "Amount equal to the underpayment" is the total of the following determined by payroll review, audit, or admission of the contractor or subcontractor (see Form 15 attached hereto): i. The difference between the amounts paid to workers and the correct General Prevailing Wage Rate of Per Diem Wages as defined in Section 16000 et SeMc . of Title 8 of the California Code of Regulations; ii. The difference between the amounts paid to workers and the correct amounts of employer payments, as defined in Section 16000 et M. of Title 8 of the California Code of Regulations and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft, classification, or trade in which they were employed and the amounts paid; iii. Estimated amounts of "illegal taking of wages "; and iv. Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council. b. Provisions relating to the penalties under Labor Code Sections 1775 as amended, 1776(h) as amended and 1813: Pursuant to Labor Code Section 1775 as amended, the contractor shall, as a penalty, forfeit up to a maximum of two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages. ii. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the entity on whose behalf the contract is awarded, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week. iii. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties of one hundred dollars ($100) for each calendar day will be assessed -21- under Labor Code Section 1776(h) as amended, for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(h) as amended, will require the prior written approval of the Labor Commissioner under Section 16436 of those regulations. A contractor is not subject to a penalty assessment pursuant to this section due to a failure of a subcontractor to comply with this section. 3. Forfeitures Requiring Approval by the Labor Commissioner a. "Forfeitures" are the amounts of wages, penalties and forfeitures assessed by the City of Anaheim and proposed to be withheld pursuant to Labor Code Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2) penalties assessed under Labor Code Sections 1775 as amended, 1776 as amended and 1813. b. In the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1000, the forfeitures shall be deemed approved by the labor Commissioner upon service and the Labor Commissioner's receipt of copies of the following: (1) the Notice of Withholding of Contract Payments authorized by Labor Code Section 1771.6(a); (2) an Audit as defined in section 16432(e) of these regulations, and (3) a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in determining the assessment of penalties, if any, under Labor Code Section 1775 as amended. Regardless of what is defined as prevailing wages in contract terms, noncompliance with the following are considered failures to pay prevailing wages: i. Nonpayment of iterns defined as "Employer Payments" and "General Prevailing Rate of Per Diem Wages" in Section 16000 of Title 8 of the California Code of Regulations and Labor Code Section 1771; ii. Failure to provide complete and accurate payroll records, as required by Labor Code Section 1776 as amended; Paying apprentice wages lower than the journey level rate to a worker who is not an apprentice as defined in Labor Code -22- Section 3077, working under an apprentice agreement in a recognized program; iv. Accepting or extracting kickbacks, in violation of Labor Code Section 1778; V. Engaging in prohibited actions related to fees for registration as a public works employee, in violation of Labor Code Section 1779; and V1. Failure to pay overtime for work over eight (8) hours in any one day or forty (40) hours in any one week, in violation of Labor Code Sections 1813, 1815, Section 16200(a)(3)(F) of Title 8 of the California Code of Regulations. 4. Determination of Amount of Forfeiture by the Labor Commissioner a. Where the City of Anaheim requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains the information noted below, along with a Request for Approval of Forfeiture (attached hereto as Attachment D): i. The date that the public work was accepted, and the date that a valid notice of completion was filed; the dates, if any, when those events occurred, and the amount of funds being held in retention by the City of Anaheim. ii. Any other deadline which, if missed, would impede collection; iii. Evidence of violation(s) in narrative form; iv. Evidence of violation obtained under Section 16432 and a copy of the Audit prepared in compliance with Section 16432(e) of Title 8 of the California Code of Regulations setting forth the amounts of unpaid wages and applicable penalties; V. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor was given the opportunity to explain why it believes there was no violation(s); or that any violation(s) was caused by good faith mistake, and -23- promptly corrected when brought to the contractor or subcontractor's attention and (B) the contractor either did not do so or failed to convince the awarding body of its position; vi. Where the City of Anaheim seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor has unsuccessfully contended that the cause of violation(s) was a mistake, inadvertence, or neglect, a statement should accompany the proposal for a forfeiture with a recommended penalty amount, pursuant to Labor Code Section 1775 as amended; vii. Where the City of Anaheim seeks only wages or a penalty less than fifty (50) dollars per day as part of the forfeiture, and the contractor has successfully contended that the cause of violation was a mistake, inadvertence, or neglect, then the file should include the evidence as to the contractor's knowledge of its obligation, including the City of Anaheim communication to the contractor of the obligation in the bid invitations, at the pre- construction conference agenda and records, and any other notice given as part of the contracting process. Included with the file should be a statement similar to that described in subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section 1775 as amended; and viii. The previous record of the contractor meeting prevailing wage obligations: and ix. Whether the City of Anaheim has been granted approval on only an interim or temporary basis under Section 16425 or 16426 above or whether the City has been granted extended approval under Section 16427 above. b. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. C. A copy of the file or report shall be served on the contractor at the same time as it is sent to the Labor Commissioner. -24- The City of Anaheim may exclude from the documents served on the contractor /subcontractor copies of documents secured from these parties during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. d. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to penalty and/or wages due. e. The determination of the forfeiture by the Labor Commissioner is effective on the following date for LCPs having no extended approval pursuant to Section 16426 of Title 8 of the California Code of Regulations: on the date the Labor Commissioner selves by first class mail on the City of Anaheim and on the contractor, an endorsed copy of the proposed forfeiture, or a drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor is effective if made on the last address supplied by the contractor in the record. The Labor Commissioner's approval, modification, or disapproval of the proposed forfeiture shall be sewed within thirty (30) days of receipt of the proposed forfeiture. For programs with an extended authority approval, approval is effective 20 days after the requested forfeitures are served upon the Labor Commissioner, unless the Labor Commissioner serves a notice upon the parties, within that time period, that this forfeiture request is subject to further review. For such programs, a notice that approval will follow such a procedure will be included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies the parties of a decision to undertake farther review, the Labor Commissioner's final approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of the date of notice of further review. 5. Deposits of Penalties and Forfeitures Withheld a. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City of Anaheim shall deposit penalties and forfeitures. b. Where collection of fines, penalties, or forfeitures results from court action to which the Labor Commissioner and the awarding body are both parties, the fines, penalties, or forfeitures shall be divided between the General Funds of the State of California and the City of Anaheim, as the Court may decide. C. All penalties recovered in administrative proceedings or court action brought by the Labor Commissioner, and to which the City of Anaheim is not a party, shall be deposited in the General Fund of the State of California. -25- d. All wages and benefits which belong to a worker and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of court action pursuant to Labor Code Section 1775 as amended, and which have not been paid to the worker or irrevocably committed on the worker's behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with Labor Code Section 96.7. 6. Request for Review of a Labor Compliance Program E nforcem ent Action; Settlement Authority 1. A contractor or subcontractor may request a settlement meeting pursuant to Labor Code Section 1742.1(b) and may request review of a Labor Compliance Program enforcement action in accordance with Labor Code Sections 1771.6(b) and 1742 and the regulations found at Title 8 C.C.R. Sections 17201- 17270. The LCP shall have the rights and responsibilities of the Enforcing Agency (as defined in 8C.C.R Section 17202(f)), in responding to such a request for review, including but not limited to the obligations to serve notices, transmit the Request for Review to the hearing office, and provide an opportunity to review evidence in a timely manner, to participate through counsel in all hearing proceedings, and to meet the burden of establishing prima facie support for the Notice of Withholding of Contract Payments. 2. If a contractor or subcontractor seeks review of a Labor Compliance Program enforcement action, the Labor Commissioner may intervene to represent the City of Anaheim, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. 3. Except in cases where the Labor Commissioner has intervened, the City of Anaheim shall have the authority to prosecute, settle, or seek the dismissal of any Notice of Withholding of Contract Payments issued pursuant to Labor Code Section 1771.6 and any review proceedings under Labor Code Section 1742, without any further need for approval by the Labor Commissioner. When the City of Anaheim settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under Labor Code Section 1742, the city shall document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. 7. Debarment Policy It is the policy of the governing body of the City of Anaheim that the public works prevailing wage requirements set forth in the Labor Code Sections 1720 -1861, be -26- strictly enforced. In furtherance thereof, constriction contractors and subcontractors found to be repeat violators of the Labor Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise being awarded any public work contract, within the State of California, for the performance of construction and /or maintenance services for a period not to exceed three (3) years in duration. The duration of the debarment period shall depend upon the nature and severity of the Labor Code violations and any mitigating and/or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. ARTICLE VII NOTICE OF WITHHOLDING AND REVIEW THEREOF 1. Notice of Withholding of Contract Payments After determination of the amount of forfeiture by the Labor Commissioner, the City of Anaheim shall provide notice of withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Civil Procedure Code Section 1013 by first -class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The City of Anaheim shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. A copy of the Notice of Withholding of Contract Payments ( "NWCP ") to be utilized by the City of Anaheim is attached hereto as Attachment D. 2. Liability for Liquidated Damages Per Labor Code 1742(b), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following the service of the assessment or notice, for the department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. 3. Review of NWCP a. An affected contractor or subcontractor may obtain a review of a NWCP under this chapter by transmitting a written request to the City of Anaheim that 6►A►A appears on the NCWP within sixty (60) days after service of the NWCP. If no hearing is requested within sixty (60) days after service of the NWCP, the NWCP shall become final. b. Within ten (10) days following the receipt of the request for review, the City of Anaheim shall transmit to the Office of the Director, Department of Industrial Relations, Legal Unit, the request for review and copies of the NWCP, any audit summary that accompanied the notice, and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice. A copy of the required Notice of Transmittal to be utilized by the City of Anaheim is found as Attachment E to this document. C. Upon receipt of a timely request, a hearing shall be commenced within ninety (90) days before the Director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to Government Code Section 11502(b). The appointed hearing officer shall be an employee of the Department of Industrial Relations and shall not be an employee of the Division of Labor Standards Enforcement. The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the City of Anaheim at the hearing within twenty (20) days of the receipt of the written request for a hearing. Any evidence obtained by the LCP subsequent to the twenty (20) day cutoff shall be promptly disclosed to the contractor or subcontractor. A copy of a Notice of Opportunity to Review Evidence pursuant to Labor Code section 1742(b) form attached hereto as Attachment F. The contractor or subcontractor shall have the burden of proving that the basis for the NWCP is incorrect. The NWCP shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within forty five (45) days of the conclusion of the hearing, the Director shall issue a written decision affirming, modifying, or dismissing the assessment. The decision of the Director shall consist of a notice of findings, findings, and an order. This decision shall be served on all patties pursuant to Code of Civil Procedure Section 1013 by first -class mail at the last known address of the party on file with the City of Anaheim. Within fifteen (15) days of the issuance of the decision, the Director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The Director has adopted regulations setting forth procedures for hearings under this subdivision. The regulations (California Code of Regulations, Title 8, Chapter 8, Subchapter 6 Sections 17201 - 17270) may be found at www.dir.ca.gov and are available for review. Ma d. An affected contractor or subcontractor may obtain review of the decision of the Director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Code of Civil Procedure Section 1094.5 within forty five (45) days after service of the decision. If no petition for writ of mandate is filed within forty five (45) days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. e. A certified copy of a final order may be filed by the Labor Commissioner in the office of the Clerk of the Superior Court in any County in which the affected contractor or subcontractor has property or has or had a place of business. The Clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. f. A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. The Clerk shall not charge for the service performed by him or her pursuant to this section. g. This procedure shall provide the exclusive method for review of a NWCP by the City of Anaheim to withhold contract payments pursuant to Labor Code section 1777.8. -29- ARTICLE VIII DISTRIBUTION OF FORFEITED SUMS 1. Before making payments to the contractor of money due under a contract for public work, the City of Anaheim shall withhold and retain there fiom all amounts required to satisfy the NWCP. The amounts required to satisfy the NWCP shall not be disbursed by the City of Anaheim until receipt of a final order that is no longer subject to judicial review. 2. Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the City of Anaheim shall not disburse any contract payments withheld. 3. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in frill, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime contractor. 4. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund and held in trust for the workers pursuant to Labor Code section 96.7. Penalties shall be paid into the General Fund of the City of Anaheim that has enforced this chapter pursuant to Labor Code Section 1777.8. -30- ARTICLE IX OUTREACH ACTIVITIES To ensure the successful implementation of the City of Anaheim's LCP, there shall be several outreach activities initiated and maintained. 1. Providing Information to the Public The City of Anaheim shall be responsible for communication and outreach activities relative to public information on the city's LCP: a. Regular presentations to contractors at all Job Start Meetings (Pre - Construction conferences). b. Ongoing communication via correspondence and with workers at job sites when review of the certified payroll records reveals the possibility of prevailing wage violations. C. Periodic meetings with contractor organizations, prime contractors and subcontractors interested in public works contracting. 2. In- service Management training on the LCP The City of Anaheim shall provide ongoing management workshops for the administration of the LCP. -31- ARTICLE X ANNUAL REPORTS STATEMENT OF ECONOMIC INTEREST The City of Anaheim's designated employees who operate or are employed by the city shall file a Statement of Economic Interest (FPPC Form 700) with the filing officer of the city within the meaning of title 2, California Code of Regulations 18700- 18702.4. The City of Anaheim will submit to the Director of the Department of Industrial Relations an annual report, on Form LCP -AR3, on its operation of its LCP within sixty (60) days after the end of its fiscal year, or accompany its request for an extension of initial approval, whichever comes first. The Annual Report shall include (1) certification of compliance with conflict of interest disclosure requirements by employees and (2) information that shall meet the requirements of Section 16426 (a)(2), (3) and (5) as follows:. 1. The number of public works contracts administered using State Bond Act fiords, and their total value; 2. A summary of wages due to workers resulting from failure by contractors to pay prevailing wage rates; the total amount withheld from money due the contractors; and the total amount recovered by action in any court of competent jurisdiction; 3. A summary of penalties and forfeitures imposed and withheld, or recovered in a court of competent jurisdiction; and 4. The number, description and total value of contracts awarded which were exempt from the requirement of payment of prevailing wage pursuant to Labor Code Section 1771.5(a). 5. A certification of compliance with conflict of interest disclosure requirements by employees who participate in making governmental decisions, as defined under 2 C.C.R. Section 18701, and (B) a current statement disclosing the information required under 8 C.C.R. Section 16426(a)(2), (3) and (5). -32- ANNUAL REPORT INFORMATION The information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluating the scope and level of enforcement activity of the City of Anaheim. The Annual Report will also include such additional information as the City of Anaheim may be required to report as a condition of its approval. The City of Anaheim's annual reporting period shall be deemed to commence on the first of the month in which the city was first granted approval pursuant to Section 16425 or 16426 and shall conclude on the last day of the month immediately preceding that date the following year. The City of Anaheim will use the same reporting period in succeeding years; provided that for good cause the Director may authorize a change in the reporting period. -33- ATTACHMENT A CHECKLIST OF LABOR LAW REQUIREMENTS -34- Checklist of Labor Law Requirements, continued given week, the Certified Payroll Report shall be annotated: "No work'for that week or a Non - Performance Statement must be submitted. Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor /subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant to Labor Code Section 1776. Under LaborCode Section 1776(8) there are penalties required for contractor's/subcontractor's failure to maintain and submit copies of certified payroll records on request. ❑ Nondiscrimination in Employment There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, the Government Code, the Public Contracts Code, and Title vll of the Civil Rights Act of 1964. O Kickbacks Prohibited Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting 'kickbacks* from employeewages under Labor Code Section 1778. ❑ Acceptance of Fees Prohibited There exists a prohibition against contractor /subcontractor acceptance of fees for registering any person for public work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780. ❑ Listing of Subcontractors All prime contractors are required to list properly all subcontractors hired to perform work on the public works projects covering more than one -half of one percent, pursuant to Govemment Code Section 4104. ❑ Proper Licensing Contractors are required to be licensed property and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 etseq. ❑ Unfair Competition Prohibited Contractors and sub - contractors are prohibited from engaging in unfair competition as specified under Business and Professions Code Sections 17200 to 17208. ❑ Workers Compensation Insurance Labor Code Section 1861 requires that contractors and subcontractors be Insured properly for Workers Compensation. ❑ OSHA Contractors and subcontractors are required to abide by the Occupational, Safety and Health laws and regulations that apply to the particular construction project. O Proof of Eligibility /Citizenship The federal prohibition against hiring undocumented workers, and the requirement to secure proof of eligibility /citizenship from all workers, is required. ❑ Itemized Wage Statement Labor Code Section 226 requires that employees be provided with itemized wage statements. CERTIFICATION I acknowledge that I have been informed and am aware of the foregoing requirements and that 1 am authorized to make this certification on behalf of (COMPANY NAME) I fully understand that failure to comply with any of the above requirements may subject me, army company, to penalties as provided above. Contractor ------------------- -- - - -- ---------------- - _--- _---- -- -- - - - - -- --------------- - - -- (SIGNATURE) (DATE) Awarding Agency /Labor Compliance Program ----------------- ------------------- ---- -- (SIGNATURE) (DATE) (DATE) ATTACHMENT B AUDIT RECORD WORKSHEETS -35- Labor Compliance Program Regulations — Appendix B Audit Record Worksheets [8 Cal. Code Reg. § 16432] Public Works Investigation Worksheet • Public Works Audit Worksheet • Prevailing Wage Determination Summary Y x a O Z O 4 V n Ciassbcrion code 1 1 t I I 1 U u U u u u 1 l H U u t w O o (� J 2 1Q OC a Q' N Q OC q K N 0: N W 4' cc v K V O V� n 4 No. of vwl,0ons _ No. of Vdw,&= t u� g � pp � n F o Q O say o goo - o oo17,00 IS E3 os� oo �oo �oo �oo b Q ad s Y x a O Z O 4 V n Ciassbcrion code 1 1 t I I 1 U u U u u u 1 l H U u t w O o f x a 0 3 a H Y a O 3 U W 4 �1 o� Z& h� fin d E ' ��1� ' 1L1111 f x a 0 3 a H Y a O 3 U W 4 �1 o� Z& h� fin d E z O Q x O Z z 0 oc w 0 w CD cn ATTACHMENT C REQUEST FOR APPROVAL OF FORFEITURE -36- Labor Compliance Program Regulations — ATTACM4EMT C REQUEST FOR APPROVAL OF FORFEITURE -- Suggested format 1. AWARDING BODY / THIRD PARTY LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different LCP Approval Status (specify if either from LCP: interim or temporary or if LCP has Notice of Completion/Date Recorded with County Recorder: extended authority): 2. PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3. CONTRACTOR INFORMATION: Name and address of Affected Contractor: I Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Total Penalties Due: Potential Liquidated Damages Due: [Wages + Training Funds]: LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: [Provide narrative summaries covering the following]: A. Statement of Issues. B. Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.). C. Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties). E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a) (2) of Section 1775 were applied to arrive at the recommended amount(s). ATTACHMENTS 1. Audit Summary (Appendix B) 2. 1' Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. ATTACHMENT D 1 OF 3 TO: CONTRACTOR FROM: CITY OF ANAHEIM LABOR COMPLIANCE PROGRAM City of Anaheim 200 S. Anaheim Boulevard, Suite 356, Anaheim CA 92805 Phone: (714) 765 -5169 x 533 Fax: (714) 765 -5123 Date: In Reply Refer to Case No Notice of Withholding of Contract Payments Aunrding Body Work Performed in County of Project dame Project No. Pine Contractor Subcuntractor After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above - named public works project, the Labor Compliance Program for the City of Anaheim (Labor Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor and /or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due is: The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775 as amended and 1813 is: $ The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 as amended is: $ LABOR COMPLIANCE PROGRAM CITY OF ANAHEIM By: Bryn Morley, Deputy City Attorney 111 -1 20F3 TO: CONTRACTOR FROM: CITY OF ANAHEIM Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within sixty (60) days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program City of Anaheim RE: Notice of Withholding of Contract Payments 200 S. Anaheim Boulevard, Suite 356 Attn: Ms. Bryn Morley, Deputy City Attorney III A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code Section 1743. In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the Clerk of the Superior Court in any County in which the affected contractor or subcontractor has property or has or had a place of business. The Clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. Opportunity for Settlement Meeting In accordance with Labor Code Section 1742.1(b), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or Subcontractor within thirty (30) days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the sixty (60) day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. -38- 3OF3 This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the sixty (60) day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to Ms.. Bryn Morley, Deputy City Attorney III at the following address: City of Anaheim 200 S. Anaheim Boulevard, Suite 356 Anaheim, CA 92805 Attn: Ms. Bryn Morley, Deputy City Attorney III Liquidated Damages In accordance with Labor Code Section 1742.1, after sixty (60) days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of hidustrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. The Amount of Liquidated Damages Available Under this Notice is S Distribution Prime Contractor Subcontractor Surety(s) Bond -39- ATTACHMENT E 10171 TO: DIR HEARING OFFICER FROM: CITY OF ANAHEIM LABOR COMPLIANCE PROGRAM City of Anaheim RE: Notice of Withholding of Contract Payments 200 S. Anaheim Boulevard Anaheim, CA 92805 Phone: (714) 765- 5169 x533 Fax: (714) 765 -5123 Date: In Reply Refer to Cese No: Notice of Transmittal To: Department of Industrial Relations Office of the Director -Legal Unit Attention: Lead Hearing Officer P.O. Box 420603 San Francisco, CA 94142 -0603 Enclosed herewith please find a Request for Review, dated postmarked , and received by this office on Also enclosed please, find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM CITY OF ANAHEIM By: Bryn Morley, Deputy City Attorney III cc: Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations Sections 17201- 17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with Section 11500. -40- ATTACHMENT F 1 OF 3 TO: CONTRACTOR FROM: CITY OF ANAHEIM LABOR COMPLIANCE PROGRAM City of Anaheim RE: Notice of Withholding of Contract Payments 200 S. Anaheim Boulevard Anaheim, CA 92805 Phone: (714) 765 -5169 x533 Fax: (714) 765 -5123 In Reply Refer to Casc No.: Date: Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To: Prime Contractor [Insert Name] [Insert Address] Subcontractor Please be advised that this office has received your Request for Review, dated , and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. In accordance with Labor Code Section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: (a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for Review. -41- 2OF2 (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said party's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as specified in subparts (a) through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code Section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: LABOR COMPLIANCE PROGRAM City of Anaheim RE: Notice of Withholding of Contract Payments 200 S. Anaheim Boulevard, Suite 356 Anaheim, CA 92805 Attention: Ms. Bryn Morley, Deputy City Attorney III -42- ATTACHMENT G I OF I TO: CITY OF ANAHEIM FROM: CONTRACTOR Request to Review Evidence To: Ms. Bryn Morley, Deputy City Attorney III City of Anaheim 200 S. Anaheim Boulevard, Suite 356 Anaheim, CA 92805 From: [Contractor /Subcontractor Name] [Contractor /Subcontractor Address] Regarding Notice of Withholding of Contract Payments dated Our Case No.: The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No.: Fax No.: -433- Section III Implementation Plan -44- IMPLEMENTATION PLAN 1. The City of Anaheim shall receive all construction contract work schedules. 2. The City of Anaheim shall participate in Job -Start (Pre - Construction) meeting. 3. The City of Anaheim shall provide site monitors with work schedules. 4. Site monitors shall conduct site interviews and return interview sheets to the City of Anaheim. 5. The City of Anaheim shall enter information from interviews into database. 6. The City of Anaheim shall request certified payroll records from contractor (see Form 11 attached hereto) and verify information from certified payroll records. 7. The City of Anaheim shall notify contractor in writing of any discrepancies with certified payroll records. See Forms 12 and 13 attached hereto. 8. If clarification/correction is not received from the contractor within two weeks, the City of Anaheim shall commence an investigation. 9. Upon completion of the investigation, a report shall be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 10. The City of Anaheim shall prepare and submit public works violation reports to Labor Commissioner as required. 11. The City of Anaheim shall periodically communicate with contractors, workers, building and trade organizations, and other community entities and provide in- service management to personnel. 12. The City of Anaheim shall retain prevailing wage records in order to prepare and submit an aimual program report to the Director of the Department of Industrial Relations. 13. The City of Anaheim shall manage all facets and is the primary contact for the LCP. 14. The City of Anaheim shall provide site monitors with site visitation training and assign projects when applicable. -45- Section IV Operational Manual -46- OPERATION MANUAL A. SITE VISITATIONS 1. Safety is the paramount factor for any site visit to any construction projects. The site monitor shall not enter any area that appears unsafe. Site monitors are expected to exercise reasonable caution at all times. 2. All authorized personnel visiting any construction site are required to be properly identified as a representative by wearing visible picture IDs (badge), or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes. 3. Authorized personnel shall visit all sites on a non - interference basis and take a minimum amount of the workers' time for interview purposes. 4. Upon arrival at a site, the City of Anaheim's site monitor shall check in at the site superintendent's (contractor's) trailer prior to any interviewing. In the event there is not a construction trailer, the site monitor shall check in at the site's administrative office. The site monitor shall identify their self and state the purpose of the visit and shall sign in if required to do so. If the site superintendent cites some reason that denies access to the site, the site monitor shall promptly and politely remove their self and shall make a note of this occurrence and include in their report. 5. The site monitor shall check the following items are displayed in the contractor's trailer: FOE Posters Prevailing wage sheets posted Sign -in Log (if such log is required of contractor) Listing of subcontractors on site If any of these items are not readily visible, the site monitor shall remind the contractor that these postings are part of the contractual requirements. On subsequent visits, the site monitor shall make sure that these items are posted, or the contractor will be found to be in noncompliance. 6. There will be times when the site superintendent is somewhere on the site and/or there is no contractor present in the trailer. If all trailers are empty or locked, try to locate the site superintendent on the site prior to commencing interviewing. -47- B. INTERVIEWING 1. Once the site monitor has checked in with the site superintendent and obtained access to the site, locate trades workers working in clusters. Approach the workers individually in a non - threatening, professional manner. The site monitor shall identify their self and indicate that they are a representative of the City of Anaheim and need only a few seconds of the trades worker's time to ask some very generic questions to ensure that they are receiving the proper rate of pay for the type of work they are doing. Again, the site monitor shall not endanger their own or any trades worker's safety in conducting these interviews. Do not insist that someone on a scaffold 40 feet in the air come down for an interview. The site monitor shall not ask anyone to form a line until they can be interviewed but shall allow the trade workers to continue working until they can be interviewed individually. These interviews are random; two or three trades workers for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one trades worker is at the site, then the site monitor shall interview that person if possible. If the site monitor is told that the rest of the crew will be there in an hour, do not wait, unless the total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and /or number of subcontractors present. Contractor trades worker should also be interviewed. 2. Using the Labor Compliance Site Visitation Interview form (attached hereto as Form 9), the site monitor shall ask each trades worker the following: name, social security number, employer, title (trade), rate of pay, and task being performed at the time of interview. 3. Should someone decline to speak with the site monitor, respect those wishes. If someone asks if this is union - related, tell them no. The City of Anaheim works with both open and closed shop trades. 4. If the site monitor tries to interview someone who does not speak English and cannot communicate in the appropriate language, try to locate a coworker who can interpret. If an entire crew is unable to speak English and no interpreter is available, include this in your report. -48- 5. If someone refuses to disclose their social security number to the site monitor, respect those wishes. However, assure the trades worker that all information given is kept strictly confidential. 6. If someone does not know their rate of pay, ask for a guesstimate. If the response is, "whatever prevailing wage is ", so indicate on the form. 7. If someone indicates that he is an apprentice, the site monitor shall ask him "what period ? ". The period can be anywhere from i st to 10th. If they are not sure, ask them how many years they have been apprenticed in the specific trade and/or to guesstimate and so indicate on the interview form. 8. ALWAYS thank the trades worker for their time. 9. Keep in mind that the site monitor is there to collect information only, do not tell them how to do their jobs. Should the site monitor witness what they consider to be a potentially unsafe or unwarranted condition, the site monitor is to contact the site inspector or job superintendent of their findings immediately and make a note on the site visitation log of what was observed. Upon your return to the office, report the findings. C. REPORTING All original interview forms shall be submitted in a timely manner to the LCP Officer for the City of Anaheim. -49- Section V Procedures -50- PROCEDURES A. CERTIFIED PAYROLL VERIFICATION PROCEDURES FOR THE CITY OF ANAHEIM 1. All construction work schedules shall be provided to the City of Anaheim. 2. Upon receipt of certified payroll reports from general /subcontractors once a week, compare information from the Labor Compliance Visitation Log (attached hereto as Form 10) to the contractors certified payroll and the prevailing wage schedule. 3. Compare name and social security number with trade classification listed. 4. Ensure prevailing wage listed is correct for the classification listed using the prevailing wage schedule. 5. Check for employment of apprentices, correct rate of pay, and proper ratio to journey workers. 6. Contact the contractor in writing and send, by certified mail, any inaccuracies in the verification of its certified payroll. 7. If clarification/correction is not received within two weeks from the contractor, the City of Anaheim will commence an investigation. 8. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendati ons for penalties to be applied to the contractor. 9. Retain all original interview forms and annotate the database as applicable. -51- B. SITE MONITOR PROCEDURES 1. Receive construction site work schedule. 2. Check in with site administrative office /site superintendent. 3. Utilizing the Labor Compliance Site Visitation Interview form (attached hereto as Form 9), conduct interviews with workers. 4. Note on your form any infractions observed while conducting the interview. 5. Return interview form. G. Report any infractions you observed. -52- Section VI Forms -53- FORM 1 1 OF 8 PREVAILING WAGE CONTRACTOR INFORMATION HANDOUT THE PUBLIC WORKS REQUIREMENTS ARE: (1) Employ the appropriate number of apprentices are on the job site, as set forth in Labor Code Section 1777.5. (2) Provide appropriate of worker's compensation insurance coverage, as set forth in Labor Code Sections 1860 and 1861. (3) Keep accurate records of the work performed on the public works project, as set forth in Labor Code Section 1812. (4) Inspect payroll records pursuant to Labor Code Section 1776 as amended, and as set forth in Section 16400(e) of Title 8 of the California Code of Regulations. (5) Other requirements imposed by law. (6) Withhold monies. See Labor Code Section 1727. (7) Ensure that public works projects are not split or separated into smaller work orders or projects for the purpose of evading the applicable provisions of Labor Code Section 1771. (8) Deny the right to bid on public work contracts to contractors or subcontractors who have violated public work laws, as set forth in Labor Code Section 1777.7. (9) Ensure workers on public works do not work more than eight hours a day or 40 hours in any one calendar week, unless compensated at not less than time and a half as set forth in Labor Code Section 1815. Exception: If the prevailing wage determination requires a higher rate of pay for overtime work than is required under Labor Code Section 1815, then that higher overtime rate must be paid [as specified in 8 CCR 16200(a)(3)(F).] (10) Prohibit the taking or receiving of any portion of the workers' wages or accept a fee in connection with a public works project, as set forth in Labor Code Sections 1778 and 1779. (11) Comply with those requirements as specified in Labor Code Sections 1776(h), 1777.5, 1810, 1813, and 1860. THE CONTRACTOR AND SUBCONTRACTOR SHALL: (1) Pay not less than the prevailing wage to all workers, as defined in CCR's Section 16000(a), and as set forth in Labor Code Sections 1771 and 1774; (2) Comply with the provisions of Labor Code Sections 1773.5, 1775 as amended, and 1777.5 regarding public works job sites; (3) Provide workers' compensation coverage as set forth in Labor Code Section 186 1; (4) Comply with Labor Code Sections 1778 and 1779 regarding receiving a portion of wages or acceptance of a fee; (5) Maintain and make available for inspection payroll records, as set forth in Labor Code Section 1776 as amended; -54- 2OF8 (6) Pay workers overtime pay, as set forth in Labor Code Section 1815 or as provided in the collective bargaining agreement adopted by the LCP as set forth in Section 16200(a)(3) of Title 8 of the California Code of Regulations; and (7) Comply with Section 16101 of these regulations regarding discrimination. (8) Be subject to provisions of Labor Code Section 1777.7 which specifies the penalties imposed on a contractor who willfully fails to comply with provisions of Labor Code Section 1777.5. (9) Comply with those requirements as specified in Labor Code Sections 1810 and 1813. (10) Comply with other requirements imposed by law. APPRENTICE TRAINING: SEE LABOR CODE SECTION 1777.5 (e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within sixty (60) days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of tile journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for twelve (12) months. APPRENTICE TRAINING CONTIBUTION REQUIREMENTS: SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 4, 16200(G) Wage rates, training contributions and apprenticeship contributions. Apprenticeship rates shall be detemiined by the Director of Industrial Relations using apprentice wage standards set forth in the collective bargaining agreement and /or approved by the California Apprenticeship Council. A contractor or subcontractor on a public works contract must pay training fund contributions or apprenticeship contributions in one of the following manners: 1. into the appropriate craft apprenticeship program in the area of the site of the public work; or 2. (if the trust fund is unable to accept such contributions) an equivalent amount shall be paid to the California Apprenticeship Council (CAC) administered by DAS. -55- 3OF8 3. If neither of the above will accept the funds, cash pay shall be as provided for in Section 16200(a)(3)(I) of Title 8 of the California Code of Regulations. SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 10, SECTION 230.2 x+230.2. Payment of Apprenticeship Training Contributions to the Council: (a) Contractors who are neither required nor wish to make apprenticeship training contributions to the applicable local training trust fund shall make their training contributions to the Council. Contractors may refer to the Director of the Department of Industrial Relations applicable prevailing wage determination for the amount owed for each hour of work performed by journeymen and apprentices in each apprenticeable occupation. (b) Training contributions to the Council are due and payable on the 15th day of each month for work performed during the preceding month. (c) Training contributions to the Council shall be paid by check and shall be accompanied by a completed CAC -2 Form, Training Fund Contributions, (Rev. 10 /91), or the following information: (l) The name, address, and telephone number of the contractor making the contribution. (2) The contractor's license number. (3) The name and address of the public agency that awarded the contract. (4) The jobsite location, including the county where the work was performed. (5) The contract or project number. (6) The time period covered by the enclosed contributions. (7) The contribution rate and total hours worked by apprenticeable occupation. CERTIFYING PERSON SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, GROUP 3, ARTICLE 1, 16000 DEFINITIONS. A person with the authority to affirm under penalty of perjury that the records provided, depict truly, fully and correctly the type of work performed, the hours worked, days worked and amounts paid. -56- 4OF8 CHANGES TO PREVAILING RATE AFTER AWARD SEE LABOR CODE SECTION: 1773.6 No effect once the contract notice to bidders is published. 1773.6. If during any quarterly period the Director of the Department of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality he shall make such change available to the awarding body and his determination shall be final. Such determination by the Director of the Department of Industrial Relations shall not be effective as to any contract for which the notice to bidders has been published. Exceptions; classifications marked with double asterisks. CREDITS, FOR FRINGE BENEFIT PAYMENTS SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, GROUP3, ARTICLE 4, 16200(i) Credit Available For Actual Payment of Fringe Benefit Costs up to the Prevailing Amount. The contractor obligated to pay the full prevailing rate of per diem wages may take credit for amounts tip to the total of all fringe benefit amounts listed as prevailing in the appropriate wage determination. This credit may be taken only as to amounts which are actual payments under Employer Payments Section 16000(1) -(3) of Title 8 of the California Code of Regulations. In the event the total of Employer Payments by a contractor for the fringe benefits listed as prevailing is less than the aggregate amount set out as prevailing in the wage determination, the contractor must pay the difference directly to the employee. No amount of credit for payments over the aggregate amount of employer payments shall be taken nor shall any credit decrease the amount of direct payment of hourly wages of those amounts found to be prevailing for straight time or overtime wages. THE RULE The contractor can pay amounts for individual benefits different than the state shows in the wage reports so long as it is not more than the total amount permitted for all benefits. Any contractor paid amount less than the total benefit requirements listed in the state wage reports must be paid to the employee. EMPLOYEES SUBJECT TO PREVAILING WAGES SEE LABOR CODE SECTIONS 1771, 1772 & 1776 as amended. All workers on the project shall be paid the wage of the trade they are most closely related to. -57- 5OF8 1771. Except for public works projects of one thousand dollars ($1,000) 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. 1772. Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work. 1776. (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. EMPLOYER PAYMENTS SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, SECTION 16000 DEFINITIONS (1) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program for the benefit of employees, their families and dependents, or retirees; (2) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employees, their families and dependents or to retirees pursuant to an enforceable commitment or agreement to carry out a financially responsible plan or program which was communicated in writing to the workers affected; and (3) The rate of contribution irrevocably made by the contractor or subcontractor for apprenticeship or other training programs authorized by Labor Code Sections 3071 and /or 3093. FRINGE BENEFIT PAYMENT REQUIREMENTS SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, GROUP 3, ARTICLE 1, 16000 DEFINITIONS All fringe benefits must be irrevocably paid to an authorized fund or to the employee. No unpaid amounts are allowed. m 6OF8 FRINGE BENEFITS INCLUDE SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, SECTION 16000. DEFINITIONS 3) The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below: (A) medical and hospital care, prescription drugs, dental care, vision care, diagnostic services, and other health and welfare benefits; (B) retirement plan benefits; (C) vacations and holidays with pay, or cash payments in lieu thereof, (D) compensation for injuries or illnesses resulting from occupational activity; (E) life, accidental death and dismemberment, and disability or sickness and accident insurance; (F) supplemental unemployment benefits; (G) thrift, security savings, supplemental trust, and beneficial trust fiends otherwise designated, provided all of the money except that used for reasonable administrative expenses is returned to the employees; (H) occupational health and safety research, safety training, monitoring job hazards, and the like, as specified in the applicable collective bargaining agreement; (I) see definition of "Employer Payments," (3). (J) other bonafide benefits for employees, their families and dependents, or retirees as the LCP may determine; and (4) travel time and subsistence pay as provided for in Labor Code Section 1773.8. FRINGE BENEFITS DO NOT INCLUDE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, SECTION 16000. DEFINITIONS (b) The terns "general prevailing rate of per diem wages" does not include any employer payments for: (1) Job related expenses other than travel time and subsistence pay; (2) Contract administration, operation of hiring halls, grievance processing, or similar purposes except for those amounts specifically earmarked and actually used for administration of those types of employee or retiree benefit plans enumerated above; -59- 70F8 (3) Union, organizational, professional or other dues except as they may be included in and withheld from the basic taxable hourly wage rate; (4) Industry or trade promotion; (5) Political contributions or activities; (6) Any benefit for employees, their families and dependents, or retirees including any benefit enumerated above where the contractor or subcontractor is required by State or local law to provide such benefit; or (7) Such other payments as the LCP may determine to exclude. Interested Party. When used with reference to a particular prevailing wage determination made by the LCP, includes: PAYROLL RECORDS INCLUDE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 1, SECTION 16000. DEFINITIONS All time cards, cancelled checks, cash receipts, trust fluid forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignunents, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. PERSONS REQUIRED TO RECEIVE PREVAILING WAGES SEE LABOR CODE SECTIONS: 1771. Prevailing wage shall be paid to all workers employed on public works. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. WITHHOLDING PAYMENTS, JUSTIFICATION SEE LABOR CODE SECTIONS: 1727 & 1771.5(b),(5) SEE CALIFORNIA CODE OF REGULATIONS: TITLE 8, ARTICLE 5, SECTION 16435 (a) "Withhold" means to cease payments by the awarding body, or others who pay on its behalf, or agents, to the general contractor. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code section 1729. (b) "Contracts." Except as otherwise provided by agreement, only contracts under a single master contract, or contracts entered into as stages of a single project, may be the subject of withholding. (c) "Delinquent payroll records" means those not submitted on the date set in the contract. (d) "Inadequate payroll records" are any one of the following: M 8OF8 (1) A record lacking the information required by Labor Code Section 1776; or (2) A record which contains the required information but not certified, or certified by someone not an agent of the contractor or subcontractor; or (3) A record remaining uncorrected for one payroll period, after the awarding body has given the contractor notice of inaccuracies detected by audit or record review. Provided, however, that prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire Certified Weekly Payroll in dollar value and do not affect more than half the persons listed as workers employed on that Certified Weekly Payroll, as defined in Labor Code Section 1776 and Section 16401 of Title 8 of the California Code of Regulations. DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS PRECEDENTIAL DECISIONS WHICH REQUIRE PREVAILING WAGES: Decision 92 -036: stands for the payment of out of state workers if they are working on California "Public Works" Decision 93 -019: stands for the payment of truck drivers removing, delivering or relocating material on a "Public Works" Decision 94 -017: stands for the payment of waste processors off site if the waste is exclusively from a "Public Works" COURT DECISIONS: Standard Traffic Services v Department of Transportation Shasta (case 132667): partners are due prevailing wages. QUESTIONS: Call Ms. Bryn Morley, Deputy City Attorney III at the City of Anaheim at 1 -(714) 765 -5169 x 533 -61- FORM 2 1 OF S CALIFORNIA CODE OF REGULATIONS Suggested checklist of Labor Law Requirements to review at prejob conference. Section 16430 (a) (2) State labor law requirements applicable to the contract are composed of but not limited to the following items. Project: Contractor's Signature: Date: -62- Initials of Initials of Initials of Initials of awarded awarded Awarding Body's Contractor's Re resentabve Re resentatjve (1) The contractor's duty to pay prevailing wages under Labor Code Section 1770 et §M., should the project exceed the exemption amounts; (2) The contractor's duty to employ registered apprentices on the p ublic works project under Labor Code Section 1777.5; (3) The penalties for failure to pay prevailing wages (for non - exempt project and employ apprentices including forfeitures and debarment under Labor Code Sections 1775 as amended and 1777.7; (4) "fhe requirement to keep and submit copies upon request of certified payroll records under Labor Code Section 1776 as amended:, and penalties for failure to do so under Labor Code Section 1776 (h) as amended; (5) The prohibition against employment discrimination under Labor Code Section 1777.6; the Government Code, and Title VII of the Civil Rights Act of 1964; (6) The prohibition against accepting or extracting kickbacks from Employee wages under Labor Code Section 1778; (7) The prohibition against accepting fees for registering any person for public work under Labor Code Section 1779; or for tiling work orders on public works under Labor Code Section 1780; (8) The requirement to list all subcontractors under Government Section 4100 gt s (9) The requirement to be properly licensed and to require all subcontractors to be properly licensed and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000 et M.; (10) The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208; (11) The requirement that the contractor be properly insured for Workers Compensation under Labor Code Section 1861; (I2) The requirement that the contractor abide by the Occupational, Safety and Health laws and regulations that apply to the Particular construction roject: (13) The requirement to provide equal opportunity for historically underutilized groups as required in the Public Contracts Code and in the contract; (14) The prohibition against hiring undocumented workers, and the requirement to secure proof ofcli ibilitvlcitizenshi from all workers -62- 2OF5 CALIFORNIA CODE OF REGULATIONS CHECKLIST After the award of a public works contract, and prior to the commencement of work on that contract, a mandatory Job Start meeting (Pre -Job conference) shall be conducted by the Labor Compliance Office from the City of Anaheim with the contractor and those subcontractors listed in its bid documents. The following is a listing of labor law requirements applicable to the public works contract: 1. Payment of Prevailing Wage Rates a. All workers on the project are to be paid not less than the specified general prevailing wage rate by the contractor and its subcontractors, unless subject to exemption. b. Should a contract exceed exemption amounts due to increases in work scope, the contractor and its subcontractors are required to pay not less than the specified prevailing wage rates. c. The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trade workers and any rate changes, which may occur during term of the contract. d. Prevailing wage rates and rate changes are to be posted at the job site for workers to view. e. The City of Anaheim will provide contractors with copies of prevailing wage rates upon request as well as copies of any revisions to prevailing rate wages received from the Department of Labor. 2. Apprentices a. It is the duty of the contractor and subcontractors to employ registered apprentices on public works projects. 3. Penalties a. Penalties, including forfeitures and debarment, shall be imposed for contractor /subcontractor failure to pay prevailing wages (for nonexempt projects) and for failure to employ apprentices. b. Penalties shall also be imposed for failure to provide certified payroll records (and to provide them by the date requested), failure to provide Monthly Utilization Reports (CC- 257) by the date requested, failure to pay workers for work in excess of 8 hrs /day and 40 hrs /week, and for failure to be a properly licensed contractor or subcontractor. 4. Certified Payroll Records a. Contractors and subcontractors are required to keep accurate payroll records which reflect the name, address, social security number, and work classification of each employee; the straight time and overtime hours worked each day and each week; the fi•inge benefits; and the actual per -63- 3OF5 diem wages paid to each journeyperson, apprentice, worker, or other employee hired in connection with a public works project. b. Employee payroll records shall be certified and shall be available to inspection at all reasonable hours at the principal office of the contractor /subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request. c. Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls to the LCP when requested to do so, but no less often than once a week. CONTRACTORS ARE RESPONSIBLE FOR SUBMITTAL OF THEIR PAYROLLS AND THOSE OF THEIR RESPECTIVE SUBCONTRACTORS AS ONE PACKAGE WHICH MUST BE RECEIVED IN THE CITY OF ANAHEIM'S LCP LABOR COMPLIANCE OFFICE ONCE A WEEK. In the event that there has been no work performed during a given week, the Certified Payroll Record shall be annotated with the words "No Work" for that week. 5. Nondiscrimination in Employment All contractors and subcontractors are required to implement equal employment opportunity practices for women and ethic groups as delineated below: a. Equal Employment Poster The Equal Employment poster shall be posted at the job site in a conspicuous place visible to employees and employment applicants for the duration of the project. b. Records The contractor and subcontractors shall maintain accurate records of employment information as required by the Monthly Employment Utilization Report (CC -257). The left side of this report shall reflect the hours worked by ethnicity and gender for each employee in a craft, trade, or classification. The right side of this report shall reflect the total number of employees who have worked these hours by gender, including the total number of minority employees. c. Reports A Monthly Employment Utilization Report for the contractor and for each of its subcontractors is required to be completed and submitted via fax to the City of Anaheim's LCP each month by no later than the 5th day of that month. Reports are to be for the previous month's work and are to be project specific. If no work was performed during that month, the form shall clearly state "No Work ". When all work has been completed, a report will be submitted marked "Final" THE CONTRACTOR IS RESPONSIBLE FOR FAXING THEIR OWN AND ALL OF THEIR SUBCONTRACTOR'S MONTHLY UTILIZATION REPORTS (MURS) TO THE LCP. -64- 4OF5 d. Recruitment 1. The contractor and subcontractors shall make specific and continual efforts, both written and verbal, to recruit females and ethnic group members from those organizations offering such assistance and through any other available sources. 2. Union contractors are to request ethnic group members and females when requesting workers to be dispatched. Recruitment efforts are to be documented demonstrating the contractor's good faith efforts. 3. Efforts should be made to employ apprentices on public works projects; these efforts should also be documented. e. Good Faith Efforts 1. The contractor must submit and comply with an Employment Diversity Plan. 2. The contractor's subcontractors must all comply with the elements contained in this plan. 3. Failure to comply with the Employment Diversity Plan or to demonstrate good faith efforts must be documented by providing clear and complete written information, when requested to do so, of the individual(s) contacted by the contractor in its good faith attempt. 6. Kickback Prohibited Contractors and subcontractors are prohibited from accepting, taking wages illegally, or extracting "kickbacks" from employee wages. 7. Acceptance of Fees Prohibited Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work or for filling work orders on public works contracts. 8. Listing of Subcontractors Contractors are required to list all subcontractors hired to perform work on public works project when that work is equivalent to more than one -half of one percent of the total effort. 9. Proper Licensing Contractors and subcontractors are required to be properly licensed. 10. Unfair Competition Contractors and subcontractors are prohibited fi•om engaging in unfair competition. -65- 5OF5 11. Workers' Compensation Insurance All contractors and subcontractors are required to be insured against liability for workers compensation, or to undertake self - insurance. 12. OSHA Contractors and subcontractors are required to comply with the Occupational, Safety and Health laws and regulations applicable to the particular public works project. 13. EQUAL OPPORTUNITY OF UNDERUTILIZED GROUPS Contractors are required to provide equal opportunity of historically underutilized groups as required in the Public Contracts Code and in the contract. 14. Undocumented Workers Contractors and subcontractors are prohibited from hiring undocumented workers and are required to secure proof of eligibility /citizenship from all workers. In accordance with state law, and with the City of Anaheim's policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing labor law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein. The contractor also herein certifies that it has been provided with a copy of the Labor Compliance Program Package with includes: 1. Labor Law Requirements Checklist 2. Applicable General Prevailing Wage Rate Determinations 3. Blank Certified Payroll Record forms 4. Fringe Benefit Statements 5. Blank Monthly Employment Utilization (CC -257) forms 6. State apprenticeship requirements (DAS -140) 7. Copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720 -18610 IT IS THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE COPIES OF THE LABOR COMPLIANCE PROGRAM PACKAGE TO ALL LISTED SUBCONTRACTORS AND TO ANY SUBSTITUTED SUBCONTRACTORS. Contractor: Name /Title of Contractor Authorized Representative: Date: Name /Title of the City of Anaheim's LCO: Caster Williams/Public Works Administrator -66- FORM 3 1 OF 7 DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS 28 CIVIC CENTER PLAZA, ROOM 525 SANTA ANA, CA 92701 TO ALL PUBLIC WORKS CONTRACTORS The Division of Apprenticeship Standards wishes to bring to your attention your responsibilities under California Labor Code Section 1777.5 Apprentices on Public Works. (Excerpts from California Labor Code relating to apprentices on public works and the DAS -140 is attached). Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: Submit contract award information within 10 days of contract award, to the applicable Joint Apprenticeship Committee, which shall include an estimate of Journeymen hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. This information may be submitted on the attached Contract Award form, DAS 140. Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentices work for every five hours of labor performed by a journeyman. • Pay the apprentice rate on public works projects only to those apprentices who are registered as defined in Labor Code Section 3077. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeymen and apprentices. Contractors who choose not to contribute to the local training trust find must make their contribution to the California Apprenticeship Council (CAC) at P.O. Box 420603, San Francisco, CA 94142. • Training fund contributions to the CAC are due and payable on the 15'' day of each month for work performed during the preceding month. Training fund contributions to the CAC shall be paid by check and shall be accompanied by a completed form CAC -2 (attached). Failure to comply with the provisions of the Labor Code Section 1777.5 may result in the loss of the right to bid on all public works projects for a period of one to three years and the imposition of a civil penalty of $100.00 for each calendar day of noncompliance. Contractors should provide a copy of this material to each subcontractor. If the Division of Apprenticeship Standards can be of assistance to you, please contact our office at (714) 558 -4126. -67- M". : 2OF7 EXCERPTS FROM THE CALFORNIA LABOR CODE RELATING TO APPRENTICES AND /OR AMENDED SECTIONS ON PUBLIC WORKS Chapter I of Division 2: APPRENTICES ON PUBLIC WORKS 1773.3. An awarding agency whose public works contract falls within the (2) The contractor shall monitor the payment of the specified general jurisdiction of Section 1777.5 shall, within five days of the award, send a prevailing rate of per diem wages by the subcontractor to the employees, by copy of the award to the Division of Apprenticeship Standards. When periodic review of the certified payroll records of the subcontractor. specifically requested by a local joint apprenticeship committee, the division (3) Upon becoming aware of the failure of the subcontractor to pay his or shall notify the local joint apprenticeship committee regarding all such her workers the specified prevailing rate of wages, the contractor shall awards applicable to the joint apprenticeship committee making the request. diligently take corrective action to hah or rectify the failure, including, but Within five days of a finding of any discrepancy regarding the ratio of not limited to, retaining sufficient funds due the subcontractor for work apprentices to journeymen, pursuant to the certificated fixed number of performed on the public works project. apprentices to journeymen, the awarding agency shall notify the Division of (4) Prior to making final payment to the subcontractor for %vork performed Apprenticeship Standards. on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has Section I Section 1775 of the Labor Code is amended to read: paid the specified general prevailing rate of per diem wages to his or her 1775. (a) (1) The contractor and any subcontractor under the contractor employees on the public works project and any amounts due pursuant to shall, as a penalty to the state or political subdivision on whose behalf the Section 1813. contract is made or awarded, forfeit not more than two hundred dollars (C) The Division of Labor Standards Enforcement shall notify the (S200) for each calendar day, or portion thereof, for each worker paid less contractor on a public works project within 15 days of the receipt by the than the prevailing wage rates as determined by the director for the work or Division of Labor Standards Enforcement of a complaint of the failure of a crali in which the worker is employed for any public work done under the subcontractor on that public works project to pay workers the general contract by the contractor or, except as provided in subdivision (b) by any prevailing rate of per diem wages. subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration o f both of the following: Section 2.5 Section 1776 of the Labor Code is amended to read: (i) Whether the failure of the contractor or subcontractor to pay the correct 1776. (a) Each contractor and subcontractor shall keep accurate payroll rate per diem wages was a good faith mistake and, if so, the error was records, showing the name, address, social security number, work promptly and voluntarily corrected when brought to the attention of the classification, straight time and overtime hours worked each day and week, contractor or subcontractor. and the actual per diem wages paid to each journeyman, apprentice, worker, (ii) Whether the contractor or subcontractor has a prior record of failing to or other employee employed by him or her in connection with the public meet its prevailing wage obligations. work. Each payroll record shall contain or be verified by a written (B) (i) The penalty may not be less than forty dollars (S40) for each declaration that it is made under penalty of perjury, stating both of the calendar day, or portion thereof, for each worker paid less than the following: prevailing wage rate unless the failure of the contractor or subcontractor to (1) The information contained in the payroll record is true and correct. pay the correct rate of per diem wages was a good faith mistake and, if so, (2) The employer has complied with the requirements of Sections 1771, the error was promptly and voluntarily corrected when brought to the 1811, and 1815 for any work performed by his or her employees on the attention of the contractor or subcontractor. public works project. (ii) The penalty may not be less than eighty dollars (S80) for each caletdar (b) The payroll records enumerated under subdivision (a) shall be certified day, or portion thereof, for each worker paid less than the prevailing wage and shall be available for inspection at all reasonable hours at the principal rate if the contractor or subcontractor has been assessed penalties within the office of the contractor on the following basis: previous three years for failing to meet its prevailing wage obligations on a (1) A certified copy of an employee's payroll record shall be made available separate contract , unless those penalties were subsequently withdrawn or for inspection or furnished to the employee or his or her authorized overturned. representative on request. (iii) The penalty may not be less than one hundred twenty dollars (5120) (2) A certified copy of all payroll records enumerated in subdivision (a) for each calendar, day, or portion there of, for each worker paid less than the shall be made available for inspection or furnished upon request to a prevailing wage rate, if the Labor Commissioner determines that the representative of the body awarding the contract, the Division of Labor violation was willful as defined in subdivision d of Section 1777.1 Standards Enforcement, and the Division of Apprenticeship Standards ofthe (C) If the amount due under this section is collected from the contractor or Department of Industrial Relations. subcontractor, any outstanding wage claim under Chapter 1 (commencing (3) A certified copy of all payroll records enumerated in subdivision (a) with Section 1720 of Part 7 of Division 2 against the contractor or shall be made available upon request by the public for inspection or for subcontractor shall be satisfied before applying that amount to the penalty copies thereof. However, a request by the public shall be made through imposed on that contractor or subcontractor pursuant to this section. either the body awarding the contract, the Division of Apprenticeship (D) The determination of the Labor Commissioner as to the amount of the Standards, or the Division of Labor Standards Enforcement. if the penalty shall be reviewable only for abuse of discretion. requested payroll records have not been provided pursuant to paragraph (2).. (E) The difference between the prevailing wage rates and the amount paid to the requesting party shall, prior to being provided the records, reimburse the each worker for each calendar day or portion thereof for which each worker costs of preparation by the contractor, subcontractors, and the entity through was paid less than the prevailing wage rate shall be paid to each worker by which the request was made. The public may not be given access to the the contractor or subcontractor, and the body awarding the contract shall records at the principal office of the contractor. cause to be inserted in the contract a stipulation that this section will be (c) The certified payroll records shall be on forms provided by the Division complied with. of Labor Standards Enforcement or shall contain the same information as (b) If a worker employed by a subcontractor on a public works project is not the forms provided by the division. The payroll records may consist of paid the general prevailing rate of per diem wages by the subcontractor, the printouts of payroll data that are maintained as computer records, if prime contractor of the project is not liable for any penalties under the printouts contain the sane information as the fortes provided by subdivision (a) unless the prime contractor had knowledge of that failure of the division and the printouts are verified In the manner specified in the subcontractor to pay the specified prevailing rate of wages to those subdivision (a). workers or unless the prime contractor fails to comply with all of the (d) A contractor or subcontractor shall file a certified copy of the records following requirements: enumerated in subdivision (a) with the entity that requested the records (1) The contract executed between the contractor and the subcontractor for within 10 days after receipt of written request. the performance of work on the public works project shall include a copy of (e) Except as provided In subdivision (f) (I), any copy of records made the provisions of this section and Sections 1171, 1776, 17775, 1813, and available for inspection as copies and furnished upon request to the public or 1815, any public agency by the awarding body, the Division of Apprenticeship M". : 3OF7 Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S. C. See. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of it worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy, established pursuant to Section 329 of the Umcmployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided non - redacted copies of certified payroll records Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall me market) or redacted to prevent disclosure of on individual's name address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this section. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor shall have 10 days in which to comph• subsequent to receipt of a written notice requesting the records enumerated in subdivision (a) In the event that the contractor or subcontractor fails to comply within the 10 -day period. he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (i) The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1, Government Code) and the information Practices Act of 1977, (Title 18 (commencing with Section 1798), Part 4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. SEC 3 Section 1777.1 of the Labor Code is amended to read: 1777 1 (a) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of this chapter with intent to defraud, except Section 1777 5, the contractor or subcontractor or a farm, corporation, partnership or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year or more than three years to do either of the following (1) Bid on or be awarded a contract for n public works project (2) Perform work as a subcontractor oil a public work project (b) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to have committed two or more separate willful violations of this chapter, except Section 17775, within a three -year period, the contractor or subcontractor or a Linn, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period up to three years to do either of the following: (1) Bid on or be awarded a contract for a public works project (2) Perform work as a subcontractor on a public works project. Whenever a contractor or subcontractor performing a public works project has failed to provide a timely response to a request by the Division of Labor Standards, the Division of Apprenticeship Standards, or file awarding body to produce certified payroll records pursuant to Section 1776, the Labor Commission shall notify the contractor or subcontractor that, in addition to any other penalties provided by law, the contractor or subcontractor will be subject to debarment under this section if the certified payroll records are not produced within 30 days after receipt of the written notice. If the commissioner finds that the contractor or subcontractor has failed to comply with Section 1776 by that deadline, unless the commissioner finds that a failure to comply was due to circumstances outside the contractor's or subcontractor's control, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year and not more than three years to do either of the following: (I ) Bid on or be awarded a contract for a public works project. (2) Perform work m a subcontractor on a public works contract. (d) A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions. (e) The Labor Commissioner shall publish on the commissioner's Internet Web site a list of contractors who are ineligible to be bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project pursuant to this chapter. The list shall contain the name of the contractor, the Contractors' State License Board license number of the contractor, and the ef)ective period of debarment of the contractor Contractors shall be added to the list upon issuance of a debarment order and the commissioner shall also notify the Contractors' State License Board when the list is updated. At least annually, the commissioner shall notify awarding bodies of the availability of die list of debarred contractors. The commissioner shall also place advertisements in construction industry publications targeted to the contractors and subcontractors, chosen by the commissioner, that state the effective period of the debarment and the reason for debarment. The advertisements shall appear one time for each debarment of a contractor in each publication chosen by the commissioner The debarred contractor or subcontractor shall be liable to the commissioner for the reasonable cost of the advertisements, not to exceed five thousand dollars (5+,000). The amount paid to the commissioner for the advertisements shall be credited against the contractor's or subcontractor's obligation to pay civil fines or penalties for die same willful violation of this chapter. (f) For purposes of this section, "contractor or subcontractor" means a fine, corporation, partnership, or association and its responsible managing officer. as well as any supervisors, manager, and officers found by the Labor Commissioner to be personally and substantially responsible for the willful violation of this chapter. (g) For the purposes of this section, the tern "any interest" means an interest in the entity bidding or performing work on the public works project whether as an owner partner, officer, manager, employee, agent, consultant. or representative. "Any interest" includes, but is not hmited to, all instances where the debarred contractor or subcontractor receives payments, whether cash or any other form of compensation , from any entity bidding or performing work on the public works project, or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet, or for vehicles, tools, equipment, or supplies that have been or will be sold, rented, or leased during the period from the initiation of the debarment proceedings until the end of the temp of the debarment period. "Any interest "does not include shares held in a publicly traded corporation if the shares were not received as compensation alter the initiation of debarment from an entity bidding or performing work on a public works project. (h) For the purposes of this section, the term "entity" is defined as a company, limited liability company, association, partnership, sole proprietorship, limited liability partnership, corporation business trust, or organization. (i) The Labor Commissioner shall adopt rules and regulation for the administration and enforcement of this section -69- 4OF7 1777.5. (a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered said shall be employed only at the work of the craft or trade to which lie or she is registered. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either (1) the apprenticeship standards and apprentice agreements under which he or she is training or (2) the rules and regulations of the California Apprenticeship Council, (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval or denial of the apprenticeship program shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that the program "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor" includes any subcontractor under a contactor who performs any public works not excluded by subdivision (o). (c) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work, The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would he employed. A copy of (Iris information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public: work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when mmy journeyman is employed ar the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each Five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to -5 ratio required by subdivision (g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1 -to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1 -to -5 ratio set forth in this section when it finds that any one of the following conditions is triet: (1) Unemployment for the previous three -month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of I to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one- thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (1) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1 -to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevail ing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project.. The contractor may add the amount of the contributions in computing his or her bid for the contract. At the end of each fiscal year the California Apprenticeship Council shall make grants to each apprenticeship program in proportion to the number of (tours of training provided by the program for which the program did not receive contributions, weighted by the regular rate of contribution for the program. These grants shall be made from funds collected by the California Apprenticeship Council during the fiscal year pursuant to this subdivision from contractors that employed registered apprentices but did not contribute to an approved apprenticeship program. All these funds received during the fiscal year shall be distributed as grants. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars (530,000) or 20 working days (p) All decisions of an apprenticeship program under this section are subject to Section 3081. 1777.6. It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. IM03 5OF7 1777 .7 (a) A contractor or subcontractor that knowingly violates Section 1777 5 shall forfeit as a civil penalty an amount not exceeding one hundred dollars (SI00) Ibr each full calendar day of noncompliance. The amount of this penalty shall he based on consideration whether the violation was a Mood fanh mistake due to inadvertence. A contractor or subcontractor that inowingly commits a second or subsequent violation of Section 1777.5 within a three -year period, where the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars (5300) 1'or each full calendar day of noncompliance Notwithstanding Section 1727, upon receipt of a determination that a civil penalty has been impostd, the awarding body shall withhold the amount of the civil penalty tionn conuact progress payments then due or to become due. (b) (1) In the event a contractor or subcontractor is determined by the Administrator ol' Apprenticeship to have knowingly violated any provision of Section 1777 5, the Administrator shall deny to the contractor or subcontractor, both individually and in the name ofthe business entity under which the contractor or subcontractor is doing business, the right to bid on or receive any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Administrator of Apprenticeship. (2) An a(Rcted contractor or subcontractor may obtain a review of the debannent or civil penalty by transmitting a written request to the office of the Administrator within 30 days after service of the order ol'debarment or civil penalty. If the Administrator receives no request for review within 30 days after service, the order of debarment or civil penalty shall become final for the period authorized (3) Within 20 days of the timely receipt of a request for hearing, the Administrator shall provide the contractor or subcontractor the opportunity to review any evidence the Administrator may offer at the hearing. The Administrator shall also promptly disclose to the contractor or subcontractor any non- privileged documents obtained oiler the 20-day time limit. (4) Within 90 days of the timely receipt of the a request for hearing, a hearing shall be commenced belbre an impartial hearing officer designated by the Administrator and possessing the qualifications of an administrative law judge pursuant to Section 11502 of the Government Code. The contractor or subcontractor shall have the burden of showing compliance %%uh Section 17775. The decision to debar shall be reviewed by a hearing Officer or court only for abuse of discretion. (5) Within 45 days of the conclusion of the hearing, the hearing officer shall issue a written decision afinning, modifying, or dismissing the debarment or civil penalty. The decision shall contain a notice of findings, findings, and an order This decision shall be deemed the final decision of the Administrator and shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first -class mail at the list known address of the party on file with the Administrator. Within 15 days of issuance of the decision, the hearing officer may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any titre. (6) An affected contractor or subcontractor may obtain review of the final decision of the Administrator by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094 5 of the Code of Civil Procedure within 45 days after service of the final decision to debar or to assess a civil penalty. If no petition for a writ of mandate is filed within 45 days after service of the final decision, the order shall become final. if the petitioner claims that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the entire record. (7) The Administrator may rile a certified copy of a final order with the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. (c) If a subcontractor is found to have violated Section 1777.5, the prime contractor of the project is not liable for any penalties under subdivision (a), unless the prime contractor had knowledge of the subcontractor's failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (l) The contract executed between the contractor and the subcontractor or the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777 5, including, but not limited to, periodic review of the certified payroll of the subcontractor. (3) Upon becoming am-we of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due the subcontractor for work performed on the public works project until the failure is corrected (4) Prior to making the final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury fron the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. (d) In lieu of the penalty provided for in subdivision (a) or (b), the director may for a first -time violation and with the concurrence of the apprenticeship program, order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (e) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if the awarding body is an entity other than the stale. (1) The interpretation and enforcement of Section 1777 5 and this section shall be in accordance with the rules and procedures of the California Apprenticeship Council. -71- 6OF7 Division of Apprenticeship Standards - APPRENTICES ON PUBLIC WORKS SUMMARY OF REQUIREMENTS Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: • Submit contract award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. The contract award information shall be in writing, and shall be provided to the applicable apprenticeship committee within 10 days of the date of the agreement or contract award, but in no event later than the first day in which the contractor has workers employed upon the public work. (California Code of Regulations, Title 8, Section 230.) • Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentice work for every five hours of labor performed by a journeyman. • Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeymen and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. Training contributions to the Council are due and payable on the 15` of the month for work performed during the preceding month. Training contributions to the Council shall be paid by check and shall be accompanied by a completed CAC -2 form, Training Fund Contributions, or the following information (California Code of Regulations, Title 8, Section 230.2 c): 1. The name, address and telephone number of the contractor snaking the contribution. 2. The contractor's license number. 3. The name an address of the public agency that awarded the contract. 4. The jobsite location, including the county where the work was performed. 5. The contract or project number 6. The time period covered by the enclosed contributions. 7. The contribution rate and total hours worked by the apprenticeable occupation(s). Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077: Sec. 3077. The term "apprentice" as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an "apprentice agreement ", with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief, and in no case shall provide for no less than 2,000 hours or reasonably continuous employment for such person for his or her participation in an approved program of training through employment and through education in related and supplemental subjects. -72- TO BE COMPLETED BY CONTRACTOR This form should be sent to the Apprenticeship Committee of the craft or trade In area of the site of the public work. If you have any questions as to the address of the appropriate Apprenticeship Committee, contact the nearest office of the Division of Apprenticeship Standards (DAS). Consult your telephone directory under California, State of, Industrial Relations, for the DAS office In your area. Do not send this form to the Division of Apprenticeship Standards. PUBLIC WORKS CONTRACT AWARD INFORMATION 7OF7 Name of Contractor: Contractors State License No.: Contractors Mailing Address -- Number & Street, City, Zip Code: Area Code & Telephone No.: Name & Location of Public Works Project: Date of Contract Award: Date of Expected or Actual Start Of Project: Name & Address of Public Agency Awarding Contract: Estimated Number of Journeymen Hours: Occupation of Apprentice Number To Be Employed Approximate Dates To Be Employed Check One Of The Boxes Below Please Note: Your election of options is not to be deemed a request for the immediate dispatch of apprentices. Contractors must make a separate request for actual dispatch. Box 1 We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code of Regulations. We voluntarily choose to comply with the applicable Apprenticeship Committee Standards for the duration of this job only, with regard to training apprentices and to the payment of training contributions. Box 2 0 We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code of Regulations, but do not agree to be bound by the applicable Apprenticeship Committee Standards in training the apprentices; instead, we agree to employ and train apprentice(s) in accordance with the Califomia Apprenticeship Council regulations, including section 230.1 of the California Code of Regulations. oovernino emDlovment of aoorentices on public work nroiects. Box 3 We are already approved to train apprentices by the applicable Apprenticeship Committee and we will employ and train under the Standards. We will request dispatch of apprentices for this job in accordance with Section 230.1 (A), California Code of Regulations. Box 4 a We will not request the dispatch of apprentice(s) since apprentices are not required on this job under the provisions of California Labor Code Section 1777.5, because: Signature: Typed Name Title: Date: State of California -- Department of Industrial Relations -73- FORM 4 REQUEST FOR DESPATCH OF AN APPRENTICE — DAS 142 FORM W /+tC TS1ENDT S FQM TO (SAS You may use this form to request dispatch of an apprentice from the 4vrenticeship committee in the craft or trade in the area of the public work. Go to: F, Ito: f/ waww. dir_ ca .eovlDASfPubiicW4Drks.Forms.htrn for information about programs in your area and trade. You may also consult your focal 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 proiects Ath m than 40 hours of Journeyman work. you :must_ request and employ enarentices in no less them S hoar increments. Date: Contractor Requesting Despatch: Name : To Applicable Apprenticeship Committee: Name• Address: Address: license No. Tel. NO. Fax No. Tel. No. Fax No. Project Information: Contract No. Name of the Project: Address: Despatch Request Information: Number of Apprentice(s) Needed: Craft or Trade: Date Apprentice(s) to Report: (72 hrs. notice required) Tine to Report: Name of Person to Report to: Address to Report to: You may use this farm to make your ywdten request for the a*atch of an appmntice. Requesis for aF4pafch mwst be w writing and sa Wni&d of least 72 bows in advance (exdvdng weeelrends and hatidays) via lint Cfass m&7, fax ar email. Proof of subnzhsslwl maw be required: Please lake mote of CaiVka is Code of Regutaf ans, Title 8, § 230.1 (a) for a U 2Alokc aMe requirements regarding .apprentrceft requests andbr visa hMp:( Avww ca000DASDASAoorentaes (')nPubJicWor*sS=may 0fReawiremerats.hbn DAS 142 (Revised 12111) -74- State of California Department of Industrial Relations California Apprenticeship Council P.O. Box 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check payable to the California Apprenticeship Council may be submitted for all jobsites and /or occupations. Training fund contributions are not accepted by the California Apprenticeship Council for federal public works projects, unless the project is administered by a public agency or for non- apprenticeable occupations such as utility technicians, lead abatement worker, etc. FORM 5 TRAINING FUND CONTRIBUTIONS California Apprenticeship Council , 010101 i�� i ' f ea�Fi io i s �::c�..�ar.c..raa_w. .�_, x -qua- ^_max. «,.. �. PLEASE TYPE OR PRINT IN BLACK OR BLUE INK. ALL FIELDS MUST BE FILLED IN TO ENSURE SUCCESSFUL SUBMISSION F PAYMENT. NAME AND ADDRESS OF CONTRACTORISUB CONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER CONTRACT OR PROJECT NUMBER JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE - GIVE NAME OF SCHOOL. HOSPITAL. BUILDING, eta NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT PERIOD COVERED BY CONTRIBUTION (FROM -TO) CLASSIFICATIONS OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN. ETC). COUNTY WORK PERFORMED IN ALL HOURS CONTRIBUTION AMOUNT RATE PER HOUR /� $ 0.00 $ 0.0 $ / 0.00 $ 0.00 $ 0. $ 0.00 TOTAL $ 0 F APPRENTICES WERE EMPLOYED. PLEASE LIST THE APPRENTICESHIP PROGRAM AND NUMBER OF APPRENTICE HOURS WORKED TYPE OR PRINT YOUR NAME AND TITLE DATE EMAIL AREA CODE & TELEPHONE NUMBER CAC 2 (rev.6112) TRAINING FUND CONTRIBUTIONS TO BE COMPLETED BY CONTRACTOR FORM 6 CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number / Name: Contract Location: Today's Date: Contractor / Subcontractor Name: Business Address: In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and /or travel allowance payment made for employees on the various classes of work are tabulated below. Classification: Effective Date: Subsistence or Travel Pay: i $ Health & $ PAID TO: Name: Welfare Address: U) Pension $ PAID TO: Name: w Address: m Vacation/ $ PAID TO: Name: LU Holiday Address: Z Training $ PAID TO: Name: it u- And /or Other Address: Classification: Effective Date: Subsistence or Travel Pay: f $ Health & $ PAID TO: Name: Welfare Address: U) Pension $ PAID TO: Name: w Address: w Vacation/ $ PAID TO: Name: M w Holiday Address: C7 z Training $ PAID TO: Name: LL And /or Other Address: Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: Welfare Address: U) Pension $ PAID TO: Name: ! U- Address: w m Vacation/ $ PAID TO: Name: j LU Holiday Address: Z Training $ PAID TO: Name: u - And /or Other Address: Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. Submitted: Contractor/ Subcontractor Name / Title -76- Y = y ' 9 C U R y Z o ° 0 4 R d s rn O O1 a J r O i a r O 7 z n r O z a O 4 — tp V O di�pp. ° w W J I f W L U x b O x b O W i b O x b O G O O 4 a U O ( L � ` O O Q 2 N N d' a a co 2 N N cm c O N $ w m ' pp y y p m N m c c N r N K w N f d m m Ix C N Z ° y a a 4 7 0 ~ Cr Q7 Z N W r N N d m C Q Q E U OLL o m 3 o LL ( g o = o ' S Q 9 it Q V1 V N W O z U O Z O r w r 4a u r O r r Ix r3`y v CL N D m W ry li LL w W Z W w 0 Z N U W W W W U w C SI c O C w V) U °w o cL) O ' O O O a Z ac C N n U U U O U y a Z U ° U to w uj ? w O (A w N W V1 y O O Q J Q � C� a Oa, N� r� =a a N a U S s a O N C m L Ewa G a = m �m N Y z w o _ E U N = Q U O C O "" O'° L c W o V ~_ �i3 Nc a m � z m 'm o o a D. w W p c a a > y w m �o W W 0 3 r p m o to o E c ? o m > UD ` N 0 I « aL ~ O u c O z O 0 < io E m 2 N m m `o U w U Z m E 6] O O J O a N W O 11 N O C O � (nos �2h m Q a Zd Q .- _ —_____ ---- --- -- --- - -- --- - - -'— — _____T_— _�_ wXw�a� -Ozw ______ m a c ... L N N20w0_2C7 c W d m ' Q Q LL n = Z N m N o 9 a m a 0 LU $ M > Q � � Z (� z W m c ° m � p p Q •- m O N U LC W 09 L Z U�Q C FORM 8 1 OF 2 GENERAL PREVAILiNG WAGE DETERMINATION MADE BY THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER I, ARTICLE 2, SECTIONS 1770, 1773'AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: # CARPENTER DETERMINATION: SD- 23 -31 -4- 2000 -1 ISSUE. DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: June 30,2000** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415)703-4774. LOCALITY: All localities within XXX County Employer Payments Straight-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily Saturday Sunday (JOURNEYPERSON) Hourly and Holiday Hourly and Rate Welfare Rate 11/2X 11/2X Holiday ENGINEERING CONSTRUCTION Carpenter (Heavy and Highway work) $25.25 2.30 1.01 2.72 b .30 8 31.58 44.205 44.205 56.83 Light Commercial 20.40 2.30 1.01 2,72 b .30 8 26.73 36.93 36.93 47.13 Bridge Carpenter (Highway work) 25.38 230 1.01 172 b .30 8 31.71 44.40 44.40 57.09 Millwright 25.75 2.30 1.01 2.72 b .30 8 32.08 44.955 44.955 57.83 Pile Driver 25.38 2.30 1.01 2.72 b .30 8 31.71 44.40 44.40 57.09 Diver, Wet (tip to 50 R. dcptlt)cd 55.76 2.30 1.01 2.72 b .30 8 62.09 89.97 89.97 117.85 Diver, Standby 28.38 2.30 1.01 2.72 b 30 8 34.71 48.90 48.90 63.09 Diver's fender 27.38 2.30 1.01 2.72 b _30 8 33.71 47.40 47.40 61.09 DETERMINATION: SD- 23- 314- 2000 -1A ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: July 1, 2000 ** The rate to be paid for work performed after this date has been determined. if work will extend past this date, the new rate most be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703 -4774. LOCALITY: All localities within XXX County BUILDING CONSTRUCTION Carpenter $23.40 2.30 1.01 2.17 b .30 8 29.18 40.88 40.88 52.58 Light Commercial 18.72 2.30 1.01 2 17 b .30 8 24.50 33.86 33.86 43.22 DETERMINATION: SD- 31- 741 -1- 2000 -1 ISSUE DATE: FEBRUARY 22, 2000 FXPIRATION DATE OF DETERNIINA170N: May 31,2000* Effective until superseded by anew determination issued by the Director of the Department of Industrial Relations. Contact the Division of Labor Statistics and Research (415) 70331774 f'or the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within XXX County. Classification (Journeyperson) and Terrazzo Installer Terrazzo Finisher Employer Payments Straight-Time Basic Health Pension Vacation/ Training Flours Total Hourly and Holiday Hourly Rate Welfare $29.55 2.30 1.01 1.72 b 23.05 2.30 1.01 1.72 b Rate 8 34.58 8 28.08 Overtime Hourly Rate Daily Saturday a Sunday I1/2X I1/2X Holiday 49.355 49.355 64.13 39.605 39.605 51.13 # indicates an apprenticeable craft. Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules. a Saturday in the same workweek may be worked at straight-time rate for the first 8 hours if the employee was unable to complete the 40 hours during the normal workweek. b includes supplemental dues. o Shall receive a minimum of 8 hours pay for any day or part thereof. d For specific rates over 50 ft. depth, contact the Division of Labor Statistics and Research. -78- 2OF2 DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants and other heavy industrial type projects. Building Construction Requires a Class B license and includes non - residential buildings (such as hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of the Department of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http: / /www.dir.ca.gov /DLSR /PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 7034774. TRAVEL. AND /OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and /or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703 -4774. -79- FORM 9 LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA Labor Compliance Officer (714) 841 -6610 SITE NAME: DATE SITIO: FECHA: PROJECT NAME: CONTRACT #: CONTRACTOR: CONTRANTE: Interior / Exterior (circle) SUBCONTRACTOR: SUBCONTRATANTE Person Interviewed: Nombre de Persona Entrevistada S/S Number Numero de Seguro Social Position Title: Possion O Titulo del Entrevistado Task Being Performed at Time of This Interview: Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate: $ Salario Horario OBSERVATIONS: Site Inspector: Telephone Project Superintendent: Telephone Total number of workers observed on the visit: Type of work observed: Type of workers observed: Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: Interview Conducted by: -80- 0 � 2 c■ 2 § § �$ �■ J 0 O o o0 0 0,- LL �q 5 m� ° k2 �o tte o£�£ kzk 10- azarL \ k k z cj a� CL K F- xu� k0 LU CEO LL. e »2g �� wn- a_ o w Z ® O_ q e En R & E § 0 f -j CO * t: \ E5 § �/ � u & Cl) ■ \ q w « z u 1 � k ) § f t a: 2 m < 2 � R k CD LUk a� z } m S 2 m F- � $ / @ LU § k cn f / � FORM 11 [INSERT DATE] Certified Mail [INSERT NAME] [INSERT ADDRESS] Dear [INSERT NAME]: The City of Anaheim has identified your firm as the low bidder for Contract # and has scheduled Council approval of a contract requiring your compliance with Division 2 Part 7 of the California Labor Code. This contract will require the payment of prevailing wages to all workers employed on the project and the reporting of the certified weekly payroll to the City of Anaheim's LCP's Labor Compliance Officer. The Labor Code requires that prior to the start of work, a person qualified to certify documents for your firm attend a review meeting with the City of Anaheim Labor Compliance Office concerning the Labor Code prevailing wage laws. The City of Anaheim's Labor Compliance Office, as the LCP, is formally requesting the appearance of the certifying person for the code review, the submittal of the required weekly certified payroll records or nonperformance reports, and the monthly submittal of employment utilization reports, all identified in the contract general conditions. This request is made pursuant to, and authorized by, California State Labor Code Section 1776 (b) (2), which states, "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations" and California Code of Regulations Section 16430 (a) (2). The goal of the Labor Compliance Office is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Anaheim's LCP Labor Compliance Office at (714) 765 -5176 x 5710 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Caster W i I I iams Labor Compliance Officer -82- C ORM 12 [INSERT DATE] [INSERT NAME] [INSERT ADDRESS] Dear [INSERT NAME]: Certified Mail �am�le Pos�f��rard! The City of Anaheim has awarded your fine a contract requiring your compliance with Part 7, chapter I of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the weekly payroll to the City of Anaheim's Labor Compliance Office, the LCP, Attention: Mr. Caster Williams. The Labor Code requires that prior to the start of work, a person qualified to sign and certify for your firm attend a review with the awarding body of the Labor Code prevailing wage laws. The Labor Compliance Office goal is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the LCP's Labor Compliance Officer at (714) 765 -5176 x 5710 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully. Caster Williams Labor Compliance Officer -83- FORM 13 [INSERT DATE] [INSERT NAME] [INSERT ADDRESS] Dear [INSERT NAME]: Certified Mail S�m�le First Request for Certified P��yrolls The City of Anaheim's Labor Compliance Officer is formally requesting copies of Certified Payroll Records for the modernization of Project X through project completion for your firni and all subcontractors. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775 as amended, 1776 as amended, 1777.5, 1777.7, 1810, 1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Anaheim's Labor Compliance Officer and weekly payment of employee wages. Labor Code § 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or fumished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code §1776 (h) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred ($100) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated." Please forward all weekly Certified Payroll Records and State approved forms previously provided to the City of Anaheim's LCP, Attn: Labor Compliance Officer, Mr. Caster Williams, 200 S. Anaheim Boulevard, Suite 276, Anaheim, CA 92805. Respectfully, Caster Williams Labor Compliance Officer -84- F70R7M71 4 � ] Pr ime Contractor: Project: Original Request: / 1 This Request: 1. Monthly Utilization Forms must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for: 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: S. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: 6. Fringe Benefits Statements must be provided for: 7. Signed certified Payroll report or statement of Non - Performance with original signatures must be provided for: Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be in the City of Anaheim's Labor Compliance Officer within one week of each weekly paveheck In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words "No Work" for that week. 8. To determine the required hours for apprentices on this project we will need the contractor to identify all sub - contractors who will perform work in involving less than $30,000 or who will be on the project less than 20 calendar days or both. 9. Either the Public Works Payroll Reporting Form (Form A -1 -131) or the City of Anaheim reporting form must be used. Sample f�l.islsing dacurnemt�s Requesf Form -85- FORM 15 [INSERT DATE] [INSERT NAME] [INSERT ADDRESS] Dear [INSERT NAME]: Certified Mail Sar1��Je Ce.r•tifiecl F'ayr•oll Correction Let�te The City of Anaheim's Labor Compliance Officer has formally requested copies of Certified Payroll Records for Bid Project Portable Contract # We have reviewed your submittal and require additional information. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775 as amended, 1776 as amended, 1777.5, 1777.7, 1810, 1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Anaheim's Labor Compliance Officer and weekly payment of employee wages. Labor Code § 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or fiurnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Deparhnent of Industrial Relations." Labor Code § 1776 (h) states. "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated." Please correct and supply the data requested in the attachments and submit on approved forms to: The City of Anaheim, Labor Compliance Officer, 200 S. Anaheim Boulevard, Suite 276, Anaheim, CA 92805. If you wish to dispute this withholding action you may contact and request a hearing from the Labor Commissioner, Division of Labor Standards Enforcement Legal Section at 455 Golden Gate Ave. 9th Floor San Francisco, CA 94102, per California Code of Regulations section 16413. If you have any questions, please contact me at (714) 765 - 5176 x 5710. Respectfully, Caster Williams Labor Compliance Officer -86- FORM 16 Report of Action for Prevailing Wage Violations Name of Project: Contract Number: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: Date of Project Acceptance or Current Percent Complete: Name and Address of Prime Contractor: Project's Scope of Work: Contractors in Violation of the Labor Code and their Scope of Work: Statement of the Issues Identified to the Contractor: Summary of the Audit Investigation: CPR Spread Sheets Labor Code Sections Violated: Summary of Penalty Assessment Justification: Identify Labor Code 1775 as amended and 1813 Penalties Requested with Calculated Totals: Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages: Previous Record in Meeting Prevailing Wage Obligations: Identify and Provide All Correspondence: Identify and Provide Any Contractor Response: Recommend Penalty Assessment: -87- ti C r N C O U. 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CL Z j C ww f i i 00 00 FORM 1 S Suggested Single Project Labor Compliance Review and Enforcement Report Form [Appendix C following 8 CCR § 16434] Awarding Body: Project Name: Name of Approved Labor Compliance Program: Bid Advertisement Date: Acceptance Date: Notice of Completion Recordation Date: Summary of Labor Compliance Activities Contract Documents Containing Prevailing Wage Requirements (Identify) 2. Prejob Conference(s) -- Attach list(s) of attendees and dates 3. Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain Manner of Notification for each project work site.) 4. Certified Payroll Record Review a. CPRs Received From: Contractor /Subcontractor For weeks ending ( "w /e ") through w/e on b. Classifications identified in CPRs and applicable Prevailing Wage Determinations Classification Determination No. 5. Further investigation or audit due to CPR review, information or complaint from worker or other interested person, or other reason: a. Independent Confirmation of CPR Data Worker Interviews Reconciled CPRs with Pay - Contractor /Subcontractor (Yes/No) checks or Stubs (Yes/No) b. Employer Payments (Health & Welfare, Pension, Vacation/Holiday) Confirmation Recipients of Written confirmation Contractor /Subcontractor Employer Pam Obtained (Yes/No) C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program Recipients of Written confirmation Contractor /Subcontractor Contributions Obtained (Yes/No) d. Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs -90- Additional amounts Additional Expla- Contractor /Subcontractor Paid to Workers Training Fun and nation * * �x * Use separate page(s) for explanation 6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements. Name of Resolution or Complainant Date Received Current Status * * * *Use separate page(s) to explain resolution or current status 7. Requests for Approval of Forfeiture to Labor Commissioner Contractor /Subcontractor Date of Request Approved/Modified/Denied 8. Litigation Pending Under Labor Code Section 1742 Contractor /Subcontractor DIR Case Number 9. (Check one): Final report this project Annual report this project Authorized Representative for Labor Compliance Program ssie FORM 19 Labor Compliance Program Certification Form Grantee: PROJECT Number: Grantee contact for labor compliance program purposes Name: Address: Phone: ( _____) Email: Certification: I hereby certify that this project complies with Public Resource Code §75075. 1 represent and warrant that I have full authority to execute this Labor Compliance Program Certification Form on behalf of the Grantee. I declare that the foregoing certification for the above - mentioned Project is true and correct. Grantee's AUTHORIZED REPRESENTATIVE Title (Printed or Typed name) (Position authorized in resolution) Grantee's AUTHORIZED REPRESENTATIVE (Signature of position authorized in resolution) -92- Date