Financial Assistance Programs – Grants and Loans
Davis-Bacon Act Compliance
The Clean Water/Drinking Water State Revolving Fund Programs (CWSRF/DWSRF) provides assistance to cities, counties, municipalities, and communities across the State of California. This assistance comes with Federal requirements which are unfamiliar to many assistance recipients. The State Water Resources Control Board publishes information to the public regarding Davis-Bacon Act compliance on this web page.
- Compliance Notice
All CWSRF/DWSRF Financial Agreements executed on or after October 30, 2009 will need to comply with Davis-Bacon provisions regardless of the funding source.
In order to comply with these provisions, it is the responsibility of the CWSRF/DWSRF recipient to:
- Include appropriate wage determinations and required clauses in bids and contracts
- *Verify registration in approved U.S. Department of Labor Apprenticeship Programs
- Conduct employee wage rate interviews
- Collect/review weekly payroll and compliance statements within 7 days after the regular payment date of the payroll period
- Post in a conspicuous location applicable wage determinations and Davis-Bacon posters at construction site
- Davis-Bacon Terms and Conditions
- CWSRF Davis-Bacon Terms and Conditions
- DWSRF Davis-Bacon Terms and Conditions
Davis-Bacon compliance is required for the entirety of the construction activities financed by the assistance agreement through completion of construction, no matter when construction commences.
*The California Department of Industrial Relations (CDIR) and the California Apprenticeship Council (CAC) is no longer recognized by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (DOL/ETA OA). Therefore, all apprentices working on construction projects financed through CWSRF/DWSRF agreements must be registered in a bona fide apprenticeship program recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor.
The following is a guide to be used for CWSRF/DWSRF projects:
- Bid/Contract Documents:
- Physically include wage determinations which can be found at beta.sam.gov.
- Physically include Davis Bacon Language (see above Davis-Bacon Terms and Conditions)
- During Construction:
- Davis-Bacon poster and wage determinations (federal and state) must be posted in a conspicuous place at the project construction site.
- Contractors and subcontractors must submit weekly certified payrolls to recipient within 7 days after the regular payment date of the payroll period.
- Recipient or authorized representative compare payrolls to wage determinations to ensure wages and fringes are being paid.
- Recipient or authorized representative conduct employee interviews using Labor Standards Interview Form (Standard Form 1445).
- The recipient, contractors/subcontractors shall be prepared to make available any Davis-Bacon documentation to State Water Board, EPA, DOL, and other auditing authorities.
- After Construction:
- Certified payrolls and interview forms must be kept for three (3) years
- Davis-Bacon documentation must remain available for review by State Water Board, EPA, DOL and other auditing authorities for a period of at least (3) years after completion of construction
- Frequently Asked Questions (FAQ), updated 9/18/2013
Davis Bacon Reference Links
- US Department of Labor
- CA Department of Industrial Relations, Office of Apprenticeship Standards
For more information about Davis-Bacon Compliance, please email us at DavisBacon@waterboards.ca.gov or phone (916) 327-7323