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Home My WebLink AboutMINUTES - 09101996 - C136 r TO: BOARD OF SUPERVISORS Alpha/Wage Rates,State FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES s-- c DATE: September 10, 1996 ?� _, Contra r SUBJECT: APPROVE PROCEDURES FOR REQUESTING CERTIFIED a s Costa PAYROLL RECORDS, COMPUTING PENALTIES AND ISSUING � - � :- County PENALTY NOTICES TO CONTRACTORS FOR LATE DELIVERY OF RECORDS SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE procedures for requesting certified payroll records, computing penalties, and issuing penalty notices to contractors for late delivery of payroll records. The procedures are set forth by the Director of General Services in a memorandum of instruction dated September 10, 1996 to the Department's Architectural Division. 1I. FINANCIAL IMPACT. None. I11. BACKGROUND A. On April 16, 1996, the Board directed the General Services Department and County Counsel "to prepare for Board consideration a policy on communication, notice and penalty calculations related to timely provision of payroll records." B. When the cost of construction exceeds $1,000.00 for public works projects, the California Labor Code requires payment of prevailing wages determined by the State Director of Industrial Relations. 1. The Labor Code specifies that a certified copy of payroll records must be made available on request by the public. Requests by the public must be made through either the body awarding the contract, the State Division of Apprenticeship Standards, or the State Division of Labor Standards Enforcement. 2. If contractors fail to provide requested payroll records within the time prescribed by the Code, significant penalties per calendar day per worker are required by the Code. CONTINUED ON ATTACHMENT: X YES SIGNATURE: afixqw RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 10, 1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT --"---""' ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD CC: General Services Department OF SUPERVISORS ON THE DATE SHOWN. Architectural Division ATTESTED September 10, 1996 County Administrator's Office County Counsel ATCHELOR,CLERK OF THE BOARD OF Auditor-Controller PERVISORS D COU MI ISTR R General Services Department Accounting Y S827802.WPD RDHJs Page 1 of 2 M382 (10/88) APPROVE PROCEDURES FOR REQUESTING Alpha/Wage Rates, State CERTIFIED PAYROLL RECORDS, COMPUTING September 10, 1996 PENALTIES AND ISSUING PENALTY NOTICES TO CONTRACTORS FOR LATE DELIVERY OF RECORDS C. The General Services Department Architectural Division periodically receives requests from the public for payroll records. On a recent project the contractor failed to provide records within the time prescribed and incurred penalties. Supervisor Torlakson was concerned that the contractor might not have been reminded forcefully and frequently enough that penalties were accruing. D. Consequently, the Director of General Services prepared a memorandum to the Architectural Division with detailed instructions on how to respond to requests for certified payrolls, with sample notices to contractors. Tile notices are carefully worded to describe the time periods and the penalties involved. Also, the notices are printed to graphically emphasize the urgency of the requests and the penalties for failure to comply. County Counsel has reviewed and approved the memorandum and the sample notices. S827B02.WPD RDHAs Page 2 of 2 GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 (510) 313-7200 FAX: 313-7299 MEMORANDUM Date: September 10, 1996 File: Alpha/Prevailing Wage TO: Robert D. Hill, Supervising Architectural Engineer FROM: Barton J. Gilbert, Director of General Services SUBJECT: CERTIFIED PAYROLL RECORDS, Penalty Notices for Late Delivery When we receive requests for certified payroll records from the public, your project managers should use the following procedure, so we can be certain contractors are fully aware of the penalties imposed by the Labor Code for late delivery of payroll records: 1. Obtain from the contractor an estimate of the number of payroll record pages involved. 2. Obtain from the person or firm that requested the records a check for cost of preparation. The amount should be as prescribed in Title 4, Section 16402, made payable to the contractor. 3. Issue a written request for payroll records to the contractor, using certified mail, return receipt requested. Send a copy to the party that initiated the request, to acknowledge you received the request. Use the standard letter which is attached to this memo and labeled Exhibit A. Place a copy in a tickler file to trigger a second letter 10 days later. 4. Ten days after your initial request is sent to the contractor, if you have not received the records, issue a second letter. The second letter will remind the contractor that a penalty will be imposed if we do not receive the records within 10 days after the contractor receives your original letter. Use the standard letter which is attached to this memo and labeled Exhibit B. 5. Ten days after your second letter is sent to the contractor, if you still have not received the records, issue a third letter to notify the contractor that he or she is incurring penalties. Use the standard letter which is attached to this memo and labeled Exhibit C. 6. After you receive the initial submittal of certified payroll records, subsequent records must be submitted within 10 days after the end of each weekly payroll period. Set a tickler file or calendar to trigger a notice to the contractor that penalties will accrue until you receive late payroll records. Issue this letter on the 1 lth day after the end of the payroll period for which records are due. Use the standard letter which is attached to this memo and labeled Exhibit D. Send the letter certified, return receipt requested. S827MO3.WPD RDILIs Attachments cc w/attach.: County Administrator's Office D. Bell County Counsel D. Schmidt General Services Department K. Brown L. Littman J. Ritola D. Garidel /3 67 GENERAL SERVICES DEPARTMENT Barton J.Gilbert Contra Director Architectural Division Costa 1220 Morello Avenue, Suite 100 Robert D.Hill Martinez, California 94553 4711 Supervising Architect (510)313-7200 FAX(510)313-7299 .;' [date] 01_ li;ihilA , In reply refer to: ��S>a'cool�t cPy [project no.] CERTIFIED - RETURN RECEIPT REQUESTED [contractor] SUBJECT: [proj name] [wh#]; Request for Certified Payrolls Our office has received a written request dated [date] by [name or firm], for certified copies of payroll records for [subcontractor], your [trade] subcontractor for the subject project, from initial work through completion. The contract documents for the project require payment of prevailing wage rates (See Notice to Contractors, Construction Agreement, Section 14; General Conditions, Division F, Section 29). Pursuant to Labor Code Section 1776 and California Code of Regulations Section 16400, we request that you submit within 10 days of receipt of this request, and continue to submit on a weekly basis thereafter, complete certified payroll and benefit information for all employees performing [trade] work on the subject project. Submit the information to: Architectural .Division, 1220 Morello Avenue; Suite 100, Martinez, CA 94553, Attn: [proj mgr], Project Manager. A copy of Payroll Reporting Form No. A-1-131, New 2-80 is enclosed for your use. We are also enclosing a copy of the [name or firm] request for your information. Pursuant to the California Labor Code, Part 7, Chapter 1, Section 1776(b)(3), you are entitled to reimbursement by the requesting party for cost of preparation. The reimbursement costs you are entitled to are described in the California Code of Regulations Title 8, Article 6, Section 16402: "Cost." Consequently, a check from [name of firm] for $ is enclosed, based on Section 16402 and your estimate of the number of pages involved. Notify us immediately when the actual number of pages exceeds your estimate. NOTICE: The person certifying the copies of the payroll records is, if not the contractor, considered as an agent acting on behalf of the contractor. Failure to provide certified copies of your payroll records within 10 days of the receipt of this request will subject you to a penalty of $25.00 per calendar day or portion thereof for each worker until you strictly comply with this request. Certified payroll records for each weekly payroll period which occurs after your receipt of this notice will be due within 10 days after the last day of each payroll period. Failure to provide such records by that date will subject you to the same $25.00 per calendar day penalty described above, for each late payroll. If you have questions you may call me or our project manager, [proj mgr], at (510) 313-7200. Sincerely, Robert D. Hill Supervising Architect S5083R.WPI RIH:ls Enclosures cc: [Party that requested records] EXHIBIT A a C. 13 GENERAL SERVICES DEPARTMENT Barton J.Gilbert to Contra Director Architectural Division Costa 1220 Morello Avenue, Suite 100 Robert D.Hill County Martinez, California 94553-4711 Supervising Architect (510)313-7200 ��;s--•-L o� FAX(510)313-7299 [date] sra'co6K`t'; In reply refer to: [proj no] CERTIFIED - RETURN RECEIPT REQUESTED [contractor] SUBJECT: [proj name] [wh#]; Penalty for Late Delivery of Certified Payroll Records URGENT Ten days ago we sent you a request for copies of certified payroll records for [subcontractor], your [trade] subcontractor for the subject project. Since we have not received those records, we are reminding you that failure to provide certified copies of your payroll records within 10 days of receipt of our original request will subject you to a penalty of $2.5.00 per calendar day or portion thereof for each worker until you strictly comply with our request. According to the postal return receipt, you will start incurring that penalty on [date]. If you have questions you may call me or our project manager, [proj mgr], at (510) 313-7200. Sincerely, Robert D. Hill Supervising Architect 550848.WPD RDH:ls cc: [Party that requested records] EXHIBIT B �. f36 Contra GENERAL SERVICES DEPARTMENT Barton J.Gilbert Director Architectural Division Costa 1220 Morello Avenue, Suite 100 Robert D.Hill Count Y Martinez, California 94553-4711 Supervising Architect (510)313-7200 s---L FAX(510)313-7299 O' dAlilpl@ i'S [date] In reply refer to: [proj no] CERTIFIED - RETURN RECEIPT REQUESTED [contractor] SUBJECT: [proj name] [wh#]; Penalty for Late Delivery of Certified Payroll Records URGENT We have not received your certified payroll records covering the week of[date] for [subcontractor]. The records were due on [date], 10 days after the end of the weekly payroll period. Consequently, you shall forfeit, as a penalty, $25.00 per calendar day after [date], or portion thereof, for each worker until we receive the missing records. The amount forfeited will be withheld from your final payment. Sincerely, Robert D. Hill Supervising Architect S5086R.WPD RD111s cc: [Party that requested records] EXHIBIT D e. 13( Contra GENERAL SERVICES DEPARTMENT Barton J.Gilbert Director Architectural Division Costa 1220 Morello Avenue, Suite 100 Robert D.Hill County Martinez,California 94553-4711 Supervising Architect (510)313-7200 ____- •oma FAX(510)313-7299 �a.• _- Irv` [date] ST'4 COl1H'� In reply refer to: [proj no] CERTIFIED - RETURN RECEIPT REQUESTED [contractor] SUBJECT: [proj name] [wh#]; Penalty for Late Delivery of Certified Payroll Records URGENT Ten days ago we sent you a reminder that on [date] you will begin to incur a penalty for late delivery of certified payroll records. The penalty will be computed from, [date], 10 days after you received our original request. You will forfeit, as a penalty, $25.00 per calendar day after [date], or portion thereof, for each worker until you strictly comply with the request. We will issue no further notice that you are incurring penalties for failure to comply with this request and we will deduct the amount forfeited from your final payment. If you have questions you may call me or our project manager, [proj mgr], at (510) 313-7200. Sincerely, Robert D. Hill Supervising Architect S5085R.WPD RDH:ls cc: [Party that requested records] EXHIBIT C