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Home My WebLink AboutMINUTES - 04021996 - D2 To: BOARD OF SUPERVISORS 250-9496/C.1.1 .i FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES DATE: March 26, 1996 w..s. ` Contra SUBJECT: WITHHOLD PENALTIES FROM THE CONTRACTOR FOR Costa PLUMBING REPAIRS AT COUNTY COURTHOUSE, 725 COURT ° ,4°4 Count/ STREET, MARTINEZ °°'A------' SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION WITHHOLD penalties from money otherwise due Three J'S 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. II. FINANCIAL IMPACT None. III. RECOMMENDATIONS/BACKGROUND A. On July 11 1995 the Board awarded a contract to Three J's Development, Inc. ("Three J's") 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 J's 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 ATTACHMENT: X YES SIGNATURE: J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 2 , 1996 APPROVED AS RECOMMENDED OTHER X Bart Gilbert, Director, General Services, presented the staff report on this item. Aram Hodess , 1308 Roman Way, Martinez and Greg Feere, 935 Alhambra Avenue, Martinez , presented testimony. Supervisor Torlakson moved to continue the matter to the next meeting. Supervisor Bishop seconded the motion. Supervisor Smith clarified the motion with the understanding that the monies now being withheld would continue as such until this matter is resolved. IT IS BY THE BOARD ORDERED that this matter is CONTINUED TO April 16 , 1996 , with the understanding that the funds currently being withheld will continue to be held until the matter is resolved. 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 County Administrator's Office ATTESTED April 2 , 1996 County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF Auditor-Controller SUPERV RS AND CO ADMINISTRATOR General Services Department Accounting File:250-9496/A.5 Contractor BY DEPUTY United Associated Local Union 159 RDH:GB:ls 2L96SO4B.WPD Page 1 of 1 M382 (10/88) WITHHOT,D 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 J's 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 of 2 Request to Speak Form Z ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nostrum before addressing the Board. Name: �l rec,-Ve42a 'ffoffe: z z&- dq a Q AddressLsls I ant spealdng for myself__or organs (A Owm of Of=ifl lOf1) GiRZ ONE _ 1 wish to speA on AX&Wa Item My comments will be: pneral_forBgain t wish to speak on the subject of - _ 1 do not wish to speak but leave these comments tow the Board to consider: - Request to Speak Form w ( THREE (3) MINUTE LIMIT) CaWlete this form and place it In the box near the speakers' nostrum before addressing the Board. Name: Raf ? 1-fo)) rtmw, o 410-,-) 1 am waking for myself_.or organization: W-1 73ek.s Loc"A-1- lS� three of orpnitatioN CH ONE: 1 wish to speak an Agenda Ivan # �- My comments will be: ,enwal _for_ sae . 1 wish to speak an the subject of . _ 1 do not wish to speak but him these comments for the Board to consider: