IMPACTS OF SB 854 ON SCHOOL DISTRICTS

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December 9, 2014
San Diego County Office of Education
ESFG Meeting
Tyree Dorward:
Guiselle Carreon:
Attorney, Best, Best, & Krieger
Commercial Warrants & Accounts Payable Manager, SDCOE
Commissioner, Calif. Uniform Construction Cost Accounting Commission
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Will be phased in as noted earlier.
Will likely affect workload in Facilities, Maintenance,
and/or Purchasing Department and possibly IT
Department
Will require coordination of small public projects.
Will require closer monitoring of contractors and
subcontractors.
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If you have not done so already, begin filing a PWC100 on
all public projects over $1,000.
Before January 2015, review and update bidding and
contract documents to incorporate required language
including Prequalification questionnaire.
Notice to Bidders and/or Information for Bidders • No contractor or subcontractor may be listed on a bid proposal
for a public works project (submitted on or after March 1, 2015)
unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions
from this requirement for bid purposes only under Labor Code
section 1771.1(a)].
• No contractor or subcontractor may be awarded a contract for
public work on a public works project (awarded on or after
April 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5.
• This project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
• Subcontractor Listing - Add the DIR Registration Number to
your subcontractor form.
• Certification of Registration:
Incorporate a certification of
registration (See sample.)
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Remember to update your small contract for work under
$15,000 ($45,000 for CUPCCAA districts).
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CUPCCAA Districts: Remember to change the notice
published in November to differentiate between
registering for CUPCCAA and registering under the DIR
Program. Sample language to add to Public Notice (See
sample notice and registration form):
SB 854 became effective July 1, 2014, and requires contractors
to register with the Department of Industrial Relations prior to
bidding on public works projects. This registration does not fulfill
that requirement. For information regarding SB 854 please go to:
https://www.dir.ca.gov/PublicWorks/PublicWorksLawsRegsDetDec.html
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Requires verification of DIR registration status of
contractors and subcontractors for all projects above
$1,000: https://efiling.dir.ca.gov/PWCR/Search
Check for debarred contractors:
http://www.dir.ca.gov/dlse/debar.html
Requires training of Facilities staff, program and project
managers, construction managers, Maintenance &
Operations staff, etc. to ensure compliance.
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Requires revamping of emergency contracts procedures
to comply with registration requirement.
Requires school district to post or require the contractor
to post job site notices.
Will require updating of bid and contract documents in
the future to notify contractors of posting of job site
notices (date to be determined).
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Districts must create a profile on the DIR’s website to enter
projects. https://www.dir.ca.gov/pwc100ext/ and enter project
information online.
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Enter Project information including statute for labor
compliance and funding source:
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Enter contact and contractor information including labor
trades to be used:
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File a PWC 100 for all maintenance, repair, and public works
projects for which the labor is subject to prevailing wage,
including but not limited to the following:
• Trade labor such as carpentry, asphalt repair and replacement, concrete, low
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voltage, electrical, etc.
Maintenance projects including elevator repair, HVAC repair, landscaping
services, plumbing repairs, carpeting repairs etc.
Inspection, surveying, testing, etc.
Waste haulers for public works projects.
Installation of cabling for IT using a low voltage contractor.
Work performed using Lease-leaseback.
Reminder: Contractors will be required to submit CPRs. A
PWC 100 will need to be in place to match the project to the
submittals.
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SB 854 impacts all public works agreements subject to
prevailing wages.
For districts with a large number of contracts; this will
mean an increased workload.
The requirement for labor compliance is not eliminated
for State Facilities Fund projects.
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In order to stay on top of your projects and ensure
compliance with all the old and new requirements for
public works projects, it is important to manage your
project schedule.
SAMPLE BID SCHEDULE
SEPTEMBER 2014
Bid Worksheet Due to Purchasing
July 4, 2014
Plans and Specifications to Printer
July 11, 2014
15-Day Notice to Bidders/Plan Rooms
July 11, 2014
Advertising Dates
July 14 & 21, 2014
Pre-bid Conference & Sitewalk
July 31, 2014
Deadline for Submitting Prequalification
Applications
Substitution Requests Due
August 5, 2014
Questions due from Bidders
August 11, 2014
Deadline for Approval & Posting of
Prequalified Bidders
FINAL Addendum to Bidders
August 14, 2014
Open Bids
August 19, 2014
Verification of Bid Documents / Contractor /
Subcontractor License and Registration
Board Topics Due
August 20, 2014
Protest Period Ends
August 26, 2014
Final Board Items
August 27, 2014
Preliminary Notice of Award
August 27, 2014
Contract Submittals due to District
September 10, 2014
Governing Board – Bid Award
September 11, 2014 (Tentative)
Verification of Contract Documents / Bonds
/ Insurance / Certifications / Fingerprinting
Preconstruction/LCP Meeting
September 12, 2014
Technical Submittals due to Architect
TBD
Notice to Proceed
September 12, 2014
Start Date:
September 15, 2014
File PWC 100
September 21, 2014 (or sooner)
Project Completion Date:
November 18, 2014
Facility Planner/Project Manager
Janice Doe, District Project Superintendent
Construction Manager
John Doe, ABC Construction Management
District
Architect/CM
Program Manager
Contractors
August 11, 2014
August 15, 2014
August 22, 2014
TBD
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For any questions please call:
Guiselle Carreon
guiselle.carreon@sdcoe.net
(858) 292-3602
Commercial Warrants Audit & Accounts Payable Manager
San Diego County Office of Education
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