Chapter 8: Pre-Job Conference Requirements and Posters

SECTION	WHAT TO DO
Cover Page	Review to determine: • Location of project • Involvement of federal funds • The advertised date. Listed as “Dated” on the lower left-hand corner and used to determine proper state wage rates
Important Special Notices	Review “Important Special Notices” that may affect the contract. They are listed on the first page in contract.
Notice to Contractors	Review the “Notice to Contractors” letter for a general work description to determine classifications to use on the contract and for any special changes that may affect the job.
Addendums	Check for any addendums to see if federal wage rates have changed.
Bidders’ Questions	Check for bidders’ questions regarding labor compliance, wages, lane closure restrictions, and other questions.
DBE & DVBE Goals	Review Sections 2-1.02 through 2-1.02B of the Standard Special Provisions for Disadvantaged Business Enterprise (DBE) or Disabled Veterans Business Enterprise (DVBE) goals and requirements. Section 2 of the Standard Special Provisions defines the requirements that a contractor must meet before bid opening to be awarded the contract.
DBE & DVBE Noncompliance	Review Section 5 of the contract Standard Special Provisions that list requirements for the contractor during the project and the consequences for noncompliance.
Training Goals	Check for “Federal Requirement Training Special Provisions,” which may be included as the last page in the contract Standard Special Provisions on federally funded projects.

8-2-2 Division of Construction: Review the Construction Contract Award Summary

Review the contract award summary for:

• Prime contractor information
• The contractor’s bid amount
• Federal or state funding
• Location
• Number of working days
• DBE or DVBE commitment

Attached to the contract award summary is the list of subcontractors and the DBE-related correspondence. The DBE commitment should be evaluated by the Contract Evaluation branch of Office of Civil Rights (OCR). The OCR should clarify the work that the DBE is performing and review additional documentation related to the evaluation. If anything on these documents is questionable or they appear to contradict each other, resolve the problem before the pre-job conference.

8-2-3 All Other Divisions: Review Non-construction Contracts

Non-construction contracts, such as service, maintenance and repair, architectural and engineering, or right-of-way, do not contain the same provisions as construction contracts; therefore, they are not subject to the same review process. For example, there are no special provisions or Notices to Bidders in non-construction contracts. Also, the contract duration is based on a Notice to Proceed and the contract expiration date, not a specific number of working days.

Standard Agreement (STD) 213 contains all pertinent provisions for non-construction projects and includes the following exhibits:

• Exhibit A – Scope of work and deliverables
• Exhibit B – Budget and payment provisions
  • State Prevailing wage requirements are included
• Exhibit C – General terms and conditions
• Exhibit D – Special terms and conditions
• Exhibit E – Additional provisions
• Exhibit F – Federal prevailing wage requirements

8-3 Prepare the Pre-job Package

The pre-job package will be distributed to the contractor and subcontractors and contains the following key documents:

• Pre-job checklist
• Posters
• Forms

8-3-1 Pre-job Checklist

The checklist must be presented in accordance with 8 CCR 16421 as follows:

1. Verify that the contractor checks all boxes, initials every page, completes, and signs the last page as required
2. Verify that the attendance sheet is signed by all pre-job participants
3. Review the checklist with the participants
4. Make sure that all questions and comments are addressed

Caltrans has developed a library of pre-job checklists for federal and state construction and non-construction projects. During the pre-job meeting, the labor compliance representative should discuss all items on the checklist that apply to the contract and project.

Caltrans pre-job checklists can be accessed at the following intranet site:

https://construction.onramp.dot.ca.gov/prejob-checklists

The checklists identify items to communicate for prevailing wage and public works requirements to contractors and subcontractors including:

• Posters and notices
• Prevailing wage
• Payroll
• Apprentices
• Subcontracting
• Disadvantaged Business Enterprises (DBE) or Disabled Veterans Business Enterprises (DVBE)
• Equal Employment Opportunity
• Trucking
• Additional contract information
• Additional labor compliance information and subsistence information

Important: For Construction-administered projects, provide three copies of the signed checklist: one for the resident engineer, one for the contractor, and the original signed by the contractor representative remains in the Labor Compliance office.

For all other division-administered projects, provide two copies of the signed checklist: one for the contract manager’s file, one for the contractor.

8-3-2 State and Federal Wage Determinations Posters

Contractors are required to post state or federal wage determinations, or both, on the job site. State wage determinations are accessible to contractors on the California Department of Industrial Relations (DIR) website and federal wage determinations are listed on the Department of Labor website. The websites for state and federal wage determinations are listed on all the pre-job checklists.

All projects require that the applicable state or federal posters, or both, are prominently displayed at the job site. Posters are specifically related to state or federal regulations. 

8-3-2(a) All Projects

Table 8-B, “Required Posters for All Projects,” lists the labor compliance posters that must be posted at all project sites.

TABLE 8‑B: REQUIRED POSTERS FOR ALL PROJECTS

8-3-2(b) Federally Funded Projects

Table 8-C, “Required Posters for Federally Funded Projects,” lists required posters.

TABLE 8‑C: REQUIRED POSTERS FOR FEDERALLY FUNDED PROJECTS

8-3-2(c) Posters required for American Recovery and Reinvestment (Recovery Act) projects

Know Your Rights Under the Recovery Act (PDF)

8-3-2(d) Additional Posters Required by FHWA

FHWA Job Site Posters

8-3-3 Forms

Table 8-D, “Required Forms for All Projects,” lists the forms that must be included in the pre-job conference package based on the type of project.

8-3-3(a) All Projects

TABLE 8‑D: REQUIRED FORMS ALL PROJECTS

8-3-3(b) Other Required Forms

Table 8-E, “Required Forms by Type of Project,” lists forms based on the type of project.

TABLE 8‑E: REQUIRED FORMS BY TYPE OF PROJECT

8-4 Conducting Pre-job Meeting

With the pre-job package assembled, the labor compliance representative is ready to present the information at the pre-job meeting. 

The following topics must be covered. The order in which they are addressed is left to the discretion of the labor compliance representative.

• Contractor requirements
• Posters and notices
• Prevailing wage requirements
• Payroll requirements
• Apprentices
• Subcontracting
• Disadvantaged Business Enterprise (DBE) Requirements/ Disabled Veterans Business Enterprises (DVBE)
• EEO requirements
• Trucking
• Additional contract Information

Figure 8-F, “Pre-job Meeting Key Points,” provides a summary of the key points within each of the major topics that must be covered during the meeting.

8-4-1 Payroll Requirements: Document Submission

FIGURE 8‑F: PRE-JOB MEETING KEY POINTS

8-4-2 Wage Rates, Prevailing Wage Requirements

Inform the contractor that wage rates must be posted at the job site and at the home office. If federal funds are involved, both state and federal wage rates must be posted. Key points to discuss during the pre-job meeting for state federal wage rates include the following.

8-4-2(a) State Prevailing Wage Rates

Key points included on the pre-job checklist:

• A double asterisk following the Expiration Date of Determination at the time of advertisement means the wage rate will increase.
• A single asterisk at time of advertisement means the wage rate is frozen for the life of the contract.

The state DIR director’s general prevailing wage determinations, which includes craft, classification, and rates, is on the DIR website and is referenced in the contract.

8-4-2(b) Federal Minimum Wages

Federal-aid contracts use both federal and state wage rates, and the contractor must pay whichever is the greater wage rate. Federal minimum wages referenced in the contract special provisions are available on the DOL website.

Federal wage rates remain in effect for the life of the contract.

8-4-3 Overtime, Prevailing Wage Requirements

Key points included on the pre-job checklist to cover during the pre-job meeting include that:

• A contractor must pay overtime if employees work more than eight hours a day and more than 40 hours a week.
• The overtime rate is one and one-half times the basic hourly rate of pay, excluding fringe benefits. Penalties apply for overtime violations. Overtime, Saturday, and Sunday rates apply on state wage rates.

8-4-3(a) Exceptions to Overtime

If there are questions regarding overtime exceptions during the pre-job conference, refer to the California Code of Regulations Section 16200, which lists exceptions to payment of overtime and Saturday rates. See Chapter 10, Section 10-3-6, “Overtime Rate Exceptions,” of this manual, for additional details. The contractor must submit a written request exception to the resident engineer for approval.

8-4-4 State Apprenticeship Provisions, Apprentices

Key checklist points to cover during the pre-job meeting include:

• Any apprentice not registered in a state approved apprenticeship program is paid the journeyperson rate for the classification of work performed. A copy of the registration and the period of apprenticeship must be on file in the Labor Compliance office.
• The contractor must complete and send Form DAS-140, “Public Works Contract Award Information,” to the appropriate Joint Apprenticeship Committee for the craft or classification that is used on the project.
• The contractor must contribute training funds to the Joint Apprenticeship Committee or to the California Apprenticeship Council. Section 1777.5(o), “Employment of Apprentices on Public Works,” of the California Labor Code does not apply to contracts less than $30,000. All other requirements of Section 1777.5 of the California Labor Code about apprentices on public works projects are applicable.

8-4-4(a) Federal Trainee Provision

If there is a trainee goal, the contractor must submit a training plan to the resident engineer before the start of work. For a contractor to be reimbursed the statutory per hour rate for each trainee, the resident engineer must write a contract change order for the hours claimed. The contract change order does not need to be written if the contractor does not plan to request reimbursement. The trainees or apprentices can be on the prime or subcontractor’s payroll.

8-4-5 Travel and Subsistence, Prevailing Wage Requirements

To determine if a project is in a geographic area designated as a subsistence area, locate the project on the Associated General Contractors maps. Pay travel and subsistence in accordance with collective bargaining agreements.

When a project is in a geographic area designated as a subsistence area, contractors are required to make travel, subsistence, or zone payments to their employees in accordance with the current requirements on file with the California Department of Industrial Relations. Subsistence is to be paid as a lump sum daily payment or as an increased hourly wage rate, depending on the craft, classification, and approved agreements.

8-4-6 Covered versus Non-Covered Work, Prevailing Wage Requirements

It is important to help contractors distinguish between tasks that are subject to prevailing wage, or covered, and work not subject to prevailing wage and certified payroll reporting. When the distinction between covered and non-covered employment is not clear, the matter should be referred to the district labor compliance manager for evaluation. Refer to Section 8-104, “Covered and Non-Covered Employment,” for more information:

Start by answering the following questions:

1. Is there a classification (DIR, Davis-Bacon, or both) for the work to be performed?
1. If yes, the task may be covered.
2. Is it listed on the DIR or Davis-Bacon Wage Determination?
1. If yes, the work is covered
2. If no, contact Labor Compliance Unit for guidance
2. Explain that the process depends largely on the type of work to be performed, not the job title.

8-4-6(a) Trucking

Trucking presents the biggest challenge in determining covered versus non-covered work. Before the pre-job meeting, review the contract to see if hauling is a major part of the contract. The description of work performed determines whether the hauling is subject to prevailing wage rates.

Factors to help determine whether a trucking operation is covered work requiring payment of prevailing wage include:

1. Listing in the contract requirements.
2. Employment status of the hauler, for example contractor, subcontractor, or commercial hauler.
3. Truck deliveries from commercial sources are usually covered. If, however, the truck driver is placing the material on the job site or moving it around to accommodate the contractor, this would be considered covered work and subject to prevailing wages requiring payrolls or owner-operating listings.
4. Origin of material being hauled.
5. Ownership of the material at off haul. Any off-site hauling is subject to prevailing wages when it is part of the contract work.
6. Final destination of the material.
7. The site of work.
8. Value of the material or lack thereof for refuse, covered by California Labor Code Section 1720.3.

8-4-7 Bulletin Board Posters and Notices

It is important to emphasize the requirement that posters are to be placed on a bulletin board or a portable poster board in legible format and in an area readily accessible to all workers. The prime contractor is responsible for maintaining a bulletin board at the home office and the work site at all times.

Requirements include:

• Posters are located at the job site. If it is not feasible to place a bulletin board at the job site, place at alternate location that is accessible to all workers.
• Posters must be legible and always in plain view by the workers.
• Photograph of posters at job site should be maintained in the labor compliance files.

Visual inspection by the resident engineer at the job site is required within 30 days of the start of work to verify that the required posters are displayed. After the inspection, a completed and signed checklist (Contractor Bulletin Board Inspection) is submitted to the district or region labor compliance office.

8-4-8 Subletting and Subcontracting Fair Practices Act

Contractors should be notified that if they use subcontractors on the project, they must comply with Section 5-1.13, “Subcontracting,” of the Standard Specifications, and with state and federal laws and regulations.

The contractor is required to submit Form CEM-1201, “Subcontracting Request,” before subcontracted work starts.

8-4-8(a) Construction Projects

The Subletting and Subcontracting Fair Practices Act requires bidders to list the names and addresses of all subcontractors whose work is one-half of one percent of the total bid or $10,000, whichever is greater. This prevents bid shopping. The prime contractor must use the subcontractors listed on the list of subcontractors.

Bidders are also required to list the names and addresses of all subcontractors whose work is one half of one percent of the total bid.

If the prime contractor must substitute one of the original listed subcontractors for one of reasons listed in Section 4107 of the Public Contract Code, the prime contractor must make the request in writing to the resident engineer. Substitution or deletion of subcontractors before getting written approval from the resident engineer results in a penalty of as much as 10 percent of the item amount of the subcontract.

Substitutions less than the one-half of one-percent threshold do not fall under the Fair Practices Act and do not require a substitution request unless the subcontractor is a DBE or DVBE. Additional information regarding the subletting and subcontracting can be found in Section 3-507C, “The Subletting and Subcontracting Fair Practices Act,” of the Construction Manual.

8-4-8(b) Non-Construction Projects

• For federal and state architectural and engineering contracts, subconsultant substitutions must be requested in writing and approved by the contract manager in writing before the prime consultant assigns work to a substitute subconsultant. The prime consultant is responsible for work performed and compliance met by subconsultants and owner-operators. Any sub-agreements entered into for more than $25,000 must contain all the provisions of the consultant’s agreement.
• Federal maintenance contracts are subject to the Subletting and Subcontracting Fair Practices Act. Prime contractors must list at bid time all subcontractors who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater.
• For state maintenance and service contracts, no portion of the work may be subcontracted except to the contractors listed on the bidder declaration. The prime contractor is responsible for work performed by subcontractors and owner-operators.

8-4-9 Disadvantaged Business Enterprise (DBE) Requirements and Disabled Veterans Business Enterprise (DVBE)

During the pre-job meeting, the labor compliance representative reviews the list of DBEs with the resident engineer, the inspector, and the contractor, and discusses the items of work DBEs will perform. All regulations and related requirements are included in the pre-job checklist for the contractor to reference.

Key points:

• Discuss the work items a DBE or DVBE subcontractor might be performing, supplies a DBE will be delivering, and whether the trucking is performed by employees of a DBE trucker or a DBE truck broker using owner-operators.
• Note when work is performed by a DBE or DVBE on the assistant resident engineer’s reports to monitor DBE usage and detect discrepancies before a deduction becomes necessary.
• Emphasize that for federal projects, Form CEM-2406, “Monthly Disadvantaged Business Enterprise (DBE) Payment” must be submitted, regardless of whether DBE firms perform work on the project.
• Emphasize that for federal projects, Form CEM-2402F, “Final Report—Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors,” should match the contractor’s original DBE information sheet submitted at the time of bid. The final report should equal the total payments as reported on Form CEM-2406.
• Form CEM-2402S, “Final Report—Utilization of Disabled Veteran Business Enterprise (DVBE), State-Funded Projects Only,” should match the contractor’s original DVBE information submitted at the time of bid for state-funded projects.

8-4-10 EEO Discrimination

The contractor must assure that every effort has been made to meet the goals listed in Section 14, “Federal Aid Female and Minority Goals,” of the contract special provisions. List these goals on the checklist. Caltrans’ Civil Rights Office conducts civil rights reviews to verify there is no discrimination in the employment practices of the contractor. For more information about employee complaints, see Section 18-6, “Employee EEO Complaints,” of this manual.

8-4-11 Minor or Miscellaneous Contracts

It may be necessary to attend a pre-job conference for a contract other than a major construction project. Minor or miscellaneous contracts include right-of-way demolition, architectural and engineering, maintenance emergency or Minor B contracts.

Depending on the duration of the project, payroll records may be submitted to the resident engineer, contract manager, or the Labor Compliance office. If the duration of a minor contract is greater than a few weeks, the Labor Compliance office and the resident engineer may agree to have the contractor submit payrolls directly to the Labor Compliance office.