Work Preservation Fund prefers to work closely with awarding agencies performing public works projects to help insure a successful outcome with high-quality workmanship, on-time, in budget, while minimizing the potential for liability. WPF alerts awarding agencies to make them aware of contractors who are not in compliance with prevailing wage laws. We keep history files on contractors who consistently violate California public works laws, and can provide agencies with recommendations of contractors who have a good record of performance, compliance, and quality workmanship.
Some examples of violations that Work Preservation has brought to the attention of awarding agencies are contractors who have:
- had their contractor license suspended during the course of the project;
- varied from the required specifications of the project;
- not followed proper CAL OSHA and California Lead Compliance and Enforcement requirements;
- violated the Subletting and Subcontracting Fair Practices Act.
All are violations that could expose the awarding agency to various fines and actions from regulatory agencies or compromise the integrity and quality of the workmanship and durability of the project.
When Work Preservation Fund is able to work cooperatively with the awarding agency, it also allows us to coordinate records requests and site visits to minimize disruption to the agency’s staff.
Contact us if you have any questions regarding the bidding process, apprentice requirements, labor compliance, etc. on public works projects. If we don’t know the answer, we will work with you to find it!
The California Labor Code 1773.3 (below) requires an awarding agency to alert the Dept. of Industrial Relations of most public works projects. You can use the link provided to register the project.
1773.3. (a) (1) An awarding agency shall provide notice to the Department of Industrial Relations of any public works contract subject to the requirements of this chapter, within five days of the award.
(2) The notice shall be transmitted electronically in a format specified by the department and shall include the name of the contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information the department specifies that aids in the administration and enforcement of this chapter. To register your public works project, click here:
Certified Payroll Records (CPRs)
Labor Code 1776 requires that all contractors or subcontractors maintain and submit upon request of the public agency certified payroll records (CPRs) for all construction employees. Records must be furnished within 10 days of the public agency’s request or the contractor or subcontractor is subject to $25 (check on this amount) per worker per day penalty.
Current regulations require contractors working on public works to upload CPRs directly to the State of California’s Compliance Monitoring Unit (CMU). There is nothing in the regulations, however, that relieves or changes the obligations of an awarding agency to provide access to CPRs upon request, as required by Labor Code section 1776. Awarding agencies should continue to comply with requests for CPRs from the public, enforcement agencies, multi-employer Taft-Hartley trust funds, and joint labor-management committees established pursuant to the federal Labor Management Cooperation Act, as required by Labor Code section 1776.