C33 California Painting Contractor Public Works 2 — Questions and Answers
Question 1: What is the prevailing wage requirement for C-33 painting contractors working on California public works projects?
- Minimum wage plus 10%
- The DIR-determined prevailing wage rate for the craft and locality (Correct answer)
- Union scale wages only
- A flat rate of $45/hour for all painting work
Correct answer: The DIR-determined prevailing wage rate for the craft and locality
California Labor Code Section 1771 requires that workers on public works projects be paid the prevailing wage rate as determined by the Department of Industrial Relations (DIR) for each craft and locality.
Under California Labor Code Section 1771, all workers employed on public works projects valued over $1,000 must be paid the prevailing wage rate. The DIR determines these rates for each craft classification and geographic locality based on collective bargaining agreements and surveys. For painting work, the prevailing wage includes base hourly rate, health and welfare, pension, vacation/holiday, and training contributions.
Question 2: A C-33 contractor bidding on a California public works project must be registered with which state entity?
- California Secretary of State
- Department of Industrial Relations (DIR) as a public works contractor (Correct answer)
- CalOSHA
- California Franchise Tax Board
Correct answer: Department of Industrial Relations (DIR) as a public works contractor
Since 2014, all contractors and subcontractors bidding on or performing public works must be registered with the DIR's public works contractor registration program.
California Labor Code Section 1725.5 requires all contractors and subcontractors working on public works projects to register with the Department of Industrial Relations (DIR). This registration is separate from and in addition to the CSLB contractor's license. Registration must be active before bidding on a public works project, and the contractor's DIR registration number must appear on bid documents.
Question 3: On a California public works painting project, certified payroll records must be submitted within how many days of each pay period?
- 5 days
- 10 days (Correct answer)
- 15 days
- 30 days
Correct answer: 10 days
Certified payroll records must be furnished to the Labor Commissioner and available to the awarding body within 10 days of each pay period per Labor Code Section 1776.
California Labor Code Section 1776 requires contractors on public works projects to maintain and submit certified payroll records within 10 days of each pay period. These records must include worker name, address, Social Security number, work classification, hourly wage rates, daily and weekly hours worked, and deductions. Penalties for non-compliance are $100 per day per worker.
Question 4: Which bonding requirement applies specifically to C-33 contractors on California public works projects over $25,000?
- Only the standard $25,000 license bond
- A payment bond and performance bond each equal to 100% of contract value (Correct answer)
- A bid bond of 5% and performance bond of 50%
- A surety bond of $100,000 regardless of project size
Correct answer: A payment bond and performance bond each equal to 100% of contract value
Public works projects over $25,000 require both a payment bond and a performance bond, each in the amount of 100% of the contract price.
California Civil Code Section 9550 and Public Contract Code Section 10221 require contractors on public works projects over $25,000 to furnish both a payment bond and a performance bond. Each bond must equal 100% of the contract price. The payment bond guarantees that all subcontractors, laborers, and material suppliers will be paid. The performance bond guarantees the contractor will complete the project per specifications.
Question 5: Under California's Subletting and Subcontracting Fair Practices Act, a C-33 painting prime contractor must list subcontractors who will perform more than what threshold of the work?
- 5%
- 10%
- 0.5% of the total bid or $10,000, whichever is greater (Correct answer)
- Any amount
Correct answer: 0.5% of the total bid or $10,000, whichever is greater
The Subletting and Subcontracting Fair Practices Act requires listing subcontractors whose work exceeds 0.5% of the total bid or $10,000, whichever is greater.
Under Public Contract Code Section 4104, prime contractors on public works must list all subcontractors who will perform work exceeding 0.5% of the total bid or $10,000, whichever is greater. The listing must include the subcontractor's name, business address, CSLB license number, DIR registration number, and the portion of work to be performed.
Question 6: A public school district hires a C-33 contractor for exterior painting. Under the California Education Code, what additional requirement applies?
- All workers must have teaching credentials
- Workers must pass a background check through DOJ fingerprinting (Correct answer)
- The contractor must use only water-based paints
- Work can only occur during summer break
Correct answer: Workers must pass a background check through DOJ fingerprinting
California Education Code Section 45125.1 requires contractors and their employees working at school sites to undergo DOJ fingerprint-based background checks.
California Education Code Section 45125.1 mandates that contractors and their employees who will have contact with students at school sites must undergo fingerprint-based background checks through the California Department of Justice (DOJ). The contractor must certify that none of their employees have been convicted of a violent or serious felony.
What is the prevailing wage requirement for C-33 painting contractors working on California public works projects?