HomeMy WebLinkAboutMINUTES - 04161996 - D8 D. 8
TO: BOARD OF SUPERVISORS 250.9496/C.1.1
FROM: BARTON J. GILBERT,DIRECTOR OF GENERAL SERVICES
DATE: March 26, 1996 Contra
NwB.ECT: WITHHOLD PENALTIES FROM THE CONTRACTOR FOR •" ,. Costa
PLUMBING REPAIRS AT COUNTY COURTHOUSE, 725 COURT - County
STREET,MARTINEZ
Nl (WIC RECUESTS OR RE=*MNDATION(S)&BACKGROUND AND JUSTIFICATION
RFrOMIViENDATION
WITHHOLD penalties from money otherwise due Three TS Development, Inc., contractor for Plumbing
Repairs at County Courthouse, 725 Court Street,Martinez,in the amount of$16,550.00, for failure to submit
certified payroll records in a timely manner, pursuant to Section 1776 of the California Labor Code, and
DIRECT the Auditor-Controller to withhold said amount from the final payment.
JI. FINANCIAL IMPACT
None.
M. RFC.OMIENDATJONSBACKGROUND
A. On July 11 1995 the Board awarded a contract to Three Ts Development, Inc. ("Three Ts") for
plumbing repairs at the County Courthouse, 725 Court Street, Martinez.
B. On September 7, 1996 the County received a written request from the United Associated Local Union
159 ("Local 159"), for certified copies of payroll records for R. J. Enrico Plumbing Co., Inc.,
("Enrico"), Three J's plumbing subcontractor.
C. On September 12, 1995, the County sent a certified letter to Three J's notifying it of the request by
Local 159 for certified payroll records ("records"). Included in the letter was notice to Three Ts that
the records must be received within ten working days and that failure to do so would subject Three J's
to a penalty of$25.00 per calendar day per employee until the records are received in accordance with
Section 1776 of the California Labor Code.
CONTINUED ON ATTACH WNT:__X_YES SIGNATURE: ��• �'J
RECOWME MTMOF COUNTY ADWNIISTRATOR RECOWANDATION OF 90ARD COMhATTEE
APPROVE OTHER
SKMTURE(S):
ACTION Cr 90ARD ON April 16 r_E 1996 APPROVED AS RECOMMENDED OTHER X
On April 2 , 1996 , the Board of Supervisors continued to this date the
consideration of the above matter. The following persons presented comments :
Ronny J. Enrico, 369 E. 12th St. , Pittsbury, Frank Maio, 3836 Fallbrook Ct. ,
Pittsburg, and Aram Hodess , 1308 Roman Way, Martinez . Following Board discussion,
on-) ecommendation.-ofc;.Supervi'sproTorlakson, IT IS BY THE BOARD ORDERED that the
withholding of penalties in the amount of $10 , 675 .00 from money other wise due
Three J' s Development, Inc. , contractor for Plumbing Repairs at 'County Court-
house, 725 Court Street, Martinez , for failure to submit certified payroll
records in a timely manner, pursuant to Section 1776 of the California Labor
Code is AUTHORIZED: AND the Auditor-Controller is DIRECTED tb withhbl-d said
amount from the final payment; and General Services Department and County Counsel
VMOF O" are DIRECTED to prepare for Board consideration a policy on
communication, notice and penalty calculation related to timely
--I- 11NW01101118&MISENT I provision of payroll records .
AYES: NOES:
Allm: AMAIN: 1 HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
MEDIA CONTACT: BARTON J.GILBERT(3137100) AND ENTERED ON THE MINUTES OF THE 90ARD
CC: General Sery n Depwbrwd OF VJMRVISORS ON THE DATE SHOWN.
Airdiltwhral DMabn
Coady Awa Ofrlos ATTESTED April 16 , 1996
Candy cow" PML BATCHELOR,CLERK OF THE BOARD OF
Audkor-C oderSUPE SAND COUNTY ADMINISTRATOR
Garm I Senvbn Depwknlerd
Flk2S0-948G/A.5 BY DEPUTY
Contractor
lhfh AnociMed Local union 159
RDH:GB:ie 2L96SO4B.WPD Page 1 of 1 M382 (I=8)
n � \
WITHHOLD PENALTIES FROM THE CONTRACTOR 250-9496/C.1.1
FOR PLUMBING REPAIRS AT COUNTY COURTHOUSE March 26, 1996
725 COURT STREET, MARTINEZ
D. Three J's submitted Enrico's weekly records #1 through#9 in a timely manner, but all subsequent
records were submitted after the ten working day period specified in the County's letter of September
12, 1995.
E. Copies of the records received by the County were sent on to Local 159 as requested. On January
18, 1996 and again on February 15, 1996,Local 159 sent letters to the County Architectural Division
pointing out that the records were submitted late by Three Ts and requesting that the County, as the
awarding authority, assess penalties as stipulated in Section 1776 of California Labor Code.
F. County Counsel has reviewed the written requests from Local 159 and has advised the County
Architectural Division that penalties for late submission of the records must be withheld in
accordance with Section 1776 of the California Labor Code.
G. The General Services Department has computed the penalty involved and is maintaining the
computations in its Architectural Division office in Martinez.
RDH:GB:ls
2L96SO4B.WPD Page 2 or 2
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