As required pursuant to Labor Code Section
1771.7
subdivisions (a) and (b), for any project funded in whole or in part from
Proposition 47 or Proposition 55 for which the construction contract is awarded
prior to January 1, 2012, the district shall initiate and enforce, or contract
with a third party to initiate and enforce, an LCP, with respect to that
project. For purposes of obtaining the release of bond funds from the Board,
the following LCP requirements shall be met:
(a) The district shall submit a written
finding to the OPSC that the district has initiated and enforced, or has
contracted with a third party to initiate and enforce, the LCP with respect to
that project.
(b) Where the
construction contract was signed either prior to the district's LCP being
approved by the DIR or prior to the district entering into a contract with a
third party to implement the LCP, the district shall be determined to have
complied with Labor Code Section
1771.7(a),
only upon satisfaction of all of the following:
(1) The DIR has approved either the
district's or the third party LCP, and such approval had not been revoked at
the time of implementing the LCP.
(2) The district or the third party with whom
the district contracted to implement its LCP submitted an application for
approval of its LCP in accordance with the DIR's LCP regulations prior to
January 1, 2012;
(3) The district
submits the report of a third party that has been approved by the DIR to
operate an LCP in accordance with DIR LCP regulations, and such approval has
not been revoked as of the date of the report. In the case of a district that
has entered into a contract with a third party to implement the LCP, the report
must be prepared by a different third party that has been approved by DIR to
implement an LCP, and such approval had not been revoked as of the date of the
report. The report must be submitted to the OPSC and the DIR and include all of
the following:
(A) Verification that the
applicable duties of an LCP were performed on the project as set forth in Labor
Code Section
1771.5(b)
and DIR regulations; and
(B)
Verification that the performance of the applicable LCP duties began within one
month after the commencement of the construction work on the project as set
forth in Labor Code Section
1771.7(b);
and
(C) A written record of the
LCP's confirmation of payroll records for each month in which a contractor or
subcontractor reports having workers employed on the public work pursuant to
Title 8 California Code of Regulations, Section
16432(c).
(4) The district shall provide notice to each
worker for which confirmation of payroll records has been performed pursuant to
Title 8 California Code of Regulations, Section
16432(c),
informing that the district has submitted a written report to the OPSC that the
district has initiated and enforced, or contracted with a third party to
initiate and enforce, a labor compliance program on the project to monitor and
ensure the payment of prevailing wages to workers. The notice shall inform
these workers of the manner in which they may contact the OPSC and the DIR
concerning the accuracy of the report set forth in subsection (b)(3)
above.
(5) The district shall
provide the DIR a copy of the report set forth in subsection (b)(3) above at
the same time the report is submitted to the OPSC. The DIR may notify the OPSC
if the DIR determines the verifications in the awarding body's report to be
incorrect.
(6) The report shall not
be determined to comply with Labor Code Section
1771.7(a)
if the DIR submits the notice described in subsection (b)(5) above within 60
calendar days of receiving the report in subsection (b)(3)
above.
Notes
Cal.
Code Regs. Tit. 2, §
1859.97
1. New
section filed 12-31-2012 as an emergency; operative 12-31-2012 (Register 2013,
No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 12-31-2012 order, including
amendment of subsections (a) and (b)(6), transmitted to OAL 5-17-2013 and filed
6-25-2013; amendments effective 6-25-2013 pursuant to Government Code section
11343.4(b)(3)
(Register 2013, No. 26).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17072.32
and
17074.16,
Education Code; and Sections
1771.5 and
1771.7, Labor
Code.
1. New section
filed 12-31-2012 as an emergency; operative 12-31-2012 (Register 2013, No. 1).
A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-31-2012 order, including amendment of
subsections (a) and (b)(6), transmitted to OAL 5-17-2013 and filed 6-25-2013;
amendments effective 6-25-2013 pursuant to Government Code section
11343.4(b)(3)
(Register 2013, No. 26).