CC - 2010-69 - A resolution of the City of Rosemead Adopting a Labor Compliance Program Pursuant to California Labor Code Section 1771.5 For State Funded Public Works Projecy Requiring Such Program as a Condition of FundingRESOLUTION NO. 2010 -69
A RESOLUTION OF THE CITY OF ROSEMEAD ADOPTING A LABOR
COMPLIANCE PROGRAM PURSUANT TO CALIFORNIA LABOR
CODE SECTION 1771.5 FOR STATE FUNDED PUBLIC WORKS
PROJECTS REQUIRING SUCH PROGRAM AS A CONDITION OF
FUNDING.
WHEREAS, the City of Rosemead (the "City ") is a public body corporate and politic
organized and existing under the laws of the State of California, and the Rosemead City
Council (the "Council ") is responsible for the administration and implementation of City
activities within Rosemead; and
WHEREAS, a Labor Compliance Plan is a program to ensure contractor's compliance
with prevailing wage and other Labor Code requirements for public works projects; and
WHEREAS, the City has determined that it is necessary to implement and enforce a
Labor Compliance Program (the "LCP ") pursuant to Labor Code section 1771.5 for all
State Funded Public Work Projects requiring a LCP as a condition of funding; and
WHEREAS, all of the findings and conclusions made by the Council pursuant to this
Resolution are based upon all of the oral and written evidence presented to it and taken
as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the Council has reviewed and considered all of the
information and data in and relating to the LCP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead
as follows:
SECTION 1. The City Council finds that the LCP attached hereto and incorporated
herein as "Exhibit "A' is consistent with the requirements of Labor Code section 1771.5.
SECTION 2. The City Council finds that the City's implementation and enforcement of
the LCP for any State and /or Federally Public Works Project requiring a LCP as a
condition of funding will satisfy all the requirements of Labor Code section 1771.5.
SECTION 3. The City Council authorizes the City Manager to submit the LCP to the
Department of Industrial Relations for certification.
SECTION 4. The City Council hereby authorizes and directs the City Manager, or the
City Manager's designee, to implement and enforce the LCP, upon certification by the
Department of Industrial Relations, on behalf of the City of Rosemead.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution,
whereupon it shall take immediate effect and be in force.
PASSED, ADOPTED AND APPROVED this 28 day of September 2010.
Attest:
Gloria Molleda, City Clerk
Approved as to Form:
By: I �
achel H. Richman
Burke, Williams & Sorensen, LLP
Legal Counsel
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2010.69 being:
A RESOLUTION OF THE CITY OF ROSEMEAD ADOPTING A LABOR COMPLIANCE
PROGRAM PURSUANT TO CALIFORNIA LABOR CODE SECTION 177.5 FOR STATE
FUNDED PUBLIC WORKS PROJECTS REQUIRING SUCH PROGRAM AS A
CONDITION OF FUNDING
was duly and regularly approved and adopted by the Rosemead City Council on the 28th of
September, 2010, by the following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 28, 2010
SUBJECT: ESTABLISHMENT OF A LABOR COMPLIANCE PROGRAM FOR
STATE FUNDED PUBLIC WORKS PROJECTS REQUIRING SUCH
PROGRAM AS A CONDITION OF FUNDING
SUMMARY
The City has applied for a state grant to fund the renovation of the pool at Garvey Park
which requires the establishment of a Labor Compliance Program ( "LCP ") to enforce
prevailing wage requirements. A LCP may either be an awarding body's "in house"
program that enforces prevailing wage requirements on the awarding body's own public
works projects, or it may be a "third party" program with which awarding bodies contract
to enforce prevailing wage requirements. The most prominent types of projects for
which a LCP is required are school construction projects and water related projects
funded by bond measures. LCPs are also required for several kinds of public works
contracts including the Statewide Park Development Community Revitalization Program
of 2008.
Staff Recommendation
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 2010 -69 adopting a Labor Compliance Program for public
work projects funded with state funds that require such a program as a condition
of funding;
2. Authorize the submittal of the City's Application for Approval of Labor
Compliance Program;
3. Authorize the City Manager to act as the Awarding Body's Representative.
ANALYSIS
In establishing the LCP, the City of Rosemead adheres to the statutory requirements as
defined in Labor Code section 1771.5(b). Further, it is the intent of the city to actively
enforce this LCP on all city public works construction sites where the project funding
requires such compliance. In doing so, the city will monitor the payment of prevailing
wage rates and, require those contractors working on the project to submit Certified
Payroll Records demonstrating their compliance with the payment of prevailing wage
rates.
ITEM NO. OLT
APPROVED FOR CITY COUNCIL AGENDA:
City Council Report
September 28, 2010
Page 2 of 3
The City of Rosemead institutes this LCP for the purpose of implementing its policy
relative to the labor compliance provisions of state funded public works contracts.
Should applicable sections of the Labor Code or title 8 of the California Code of
Regulations undergo alteration, amendment, or deletion, the City will modify the
affected portions of this program accordingly.
Where projects are combined with multiple funding sources, all persons performing the
work shall be paid not less that the General Prevailing Wage as predetermined by the
Director of Industrial Relations pursuant to the California Labor Code. If there is a
difference between the minimum wage rates determined by the Secretary of Labor
(Federal) and the applicable prevailing wage rates per the Director of Industrial
Relations for similar classifications of work, the contractor and its subcontractors shall
pay not less than the higher wage rate. The rate of compensation for any classification
not listed in the schedule but which may be required to execute a Contract shall be
commensurate and in accordance with the rates specified for similar or comparable
classifications or for those performing similar or comparable duties.
California Labor Code Section 1771.5(b) states that an LCP shall include, but not be
limited to, the following requirements:
1. All bid invitations and public works contracts shall contain appropriate language
concerning the requirements of this chapter.
2. A pre -job conference shall be conducted with the contractor and subcontractors
to discuss federal and state labor law requirements applicable to the contract.
3. Project contractors and subcontractors shall maintain and furnish, at a
designated time, a certified copy of each weekly payroll containing a statement of
compliance signed under penalty of perjury.
4. The awarding body shall review, and if appropriate, audit payroll records to verify
compliance with the chapter.
5. The awarding body shall withhold contract payments when payroll records are
delinquent or inadequate.
6. The awarding body shall withhold contract payments equal to the amount of
underpayment and applicable penalties when, after investigation, it is established
that underpayment has occurred.
PUBLIC NOTICE PROCESS
This item has been noticed according to the California Health and Safety Code Section
33490.
Prepared by:
Michelle G. Ramirez
Community Development Manager