(a) Acknowledgment of responsibilities.
(1) An Owner of a Project must sign an acknowledgment of the Owner’s responsibility for ensuring that each Covered Contractor working on the Project complies with State and local labor protections and that the Owner may be held liable through forfeiture of its Bond under Section 81.5 for labor violations committed on the Project. Such acknowledgments must be provided to the Agency with the initial report under subsection (d)(1).
(2) An Owner of a Project must require each Covered Contractor to sign an acknowledgement of their responsibility to comply with all applicable State and local labor protections including but not limited to employee notice and payroll recordkeeping requirements under California Labor Code Sections 226 and 2810.5 and Labor and Employment Code Sections 1.5(c), 11.6, and 21.3(f), and to provide the Agency with access to such records under Labor and Employment Code Articles 1, 11, 21, and other applicable laws if requested. Such acknowledgments must be obtained by the date on which the Covered Contractor starts work on the Project; provided, however, that if the contractor or subcontractor’s work on the project is initially not expected to exceed $100,000 or one-half of 1% of the value of the Project, such acknowledgment must be obtained within 30 days of the date on which the contractor or subcontractor becomes a Covered Contractor.
(b) Certification of fulfillment of recordkeeping responsibilities. Prior to the submission of the final report required under subsection (d)(2) of this Section 81.4, an Owner of a Project must require each Covered Contractor to certify that it has complied with all applicable State and local employee notice and payroll recordkeeping requirements for all Employees performing work on the Project, including but not limited to California Labor Code Sections 226 and 2810.5 and Labor and Employment Code Sections 1.5(c), 11.6, and 21.3(f), and will provide the Agency with access to records under Labor and Employment Code Articles 1, 11, and 21, and other applicable laws, if requested. If any Covered Contractor does not complete a certification, the Owner must so report under subsection (d)(2).
(c) Documentation of electrical worker and sprinkler fitter qualifications.
(1) Every Covered Contractor performing work on a Project for which certification is required under California Labor Code Section 108 or 108.2 or registration is required under California Labor Code Section 108.4 shall provide the Owner proof of certification or registration, as applicable, for each certified electrician, registered Apprentice, and registered electrician trainee performing work on the Project.
(2) Every Covered Contractor performing work on a Project for which certification or registration is required under Title 19 of the California Code of Regulations Sections 925 or 937-939 shall provide the Owner proof of certification or registration, as applicable, for each certified fire sprinkler fitter, Apprentice, or trainee performing work on the Project.
(d) Owner reporting requirements.
(1) Initial report. Within 45 days of the issuance of a permit for a Project requiring a Bond, an Owner must file with the Agency a report that includes each Covered Contractor expected to perform work on the Project, with the Covered Contractor’s complete name, contact information for the owner, and State License Board license number; the acknowledgments obtained under subsection (a); and the information obtained under subsection (c).
(2) Final report. Prior to requesting the release or reduction of a Bond under Section 81.5(b), the Owner must provide a second report to the Agency that includes each Covered Contractor that performed work on the Project, with the Covered Contractor’s complete name, contact information for the owner, and State License Board license; an estimate of the value of the work each Covered Contractor performed and its percentage of the total Project construction cost; any acknowledgments obtained under subsection (a) that were not included in the initial report; the certifications obtained under subsection (b); the name of any Covered Contractor that did not complete the certification required under subsection (b); and the information obtained under subsection (c).