Loading...
HomeMy WebLinkAbout20.2_Claims/Lawsuits (Confidential)Labor Commissioner, State of Californir Department of Industrial Relations Division of Labor Standards Enforcement 464 W 4th Street, Room 348 San Bernardino, CA 92401 909-383-7408 FAX: 909-383-6397 IIP } a g"` ;y, , P ,i-�-':,. tit i;Uw -� 44,;oa>1 L D King Engineering Company 2151 Convention Center Way, Suite 100 Ontario, Ca 91764 Steven Nix DATE July 12, 2002 In Reply Refer to Case No: 40-11286/404 NOTICE OF COMPLAINT CLOSED PRO.jIiti NAME Slover Ave. Sewer, from Cherry Ave. to Hemlock Ave. Prime Contractor Fischer Plumbing Irro Pet-tva _ _.. _- 0 Subcontractor L.D. King Engineering Co., Inc. The complaint against the above -named contractor(s) is being closed forthe following reason(s): Subject firm has satisfactorily paid all prevailing wages and/or penalties found due. Tithe statute of limitations for the Labor Commissioner to prosecute California Public Work Law (Labor Code sections 1720 through 1861) has expired. Information for claimant please note: There are other legal claims which you may still pursue even though the statute of limitations has expired for the Labor Commissioner to enforce the public work provisions of the Labor Code. You may want to review the California Court of Appeals decision in the case of Tippett v Terich (1995), 37 Ca1.App.4th 1517, 44Ca1.Rptr.2d 862 and/or consult with an attorney to determine if you may pursue any of the legal actions discussed in the Tippett v Terich decision. There is insufficient evidence to confirm California Public Work Law was violated. nSubject firm was not within the jurisdiction of California Public Work Law on this project. nOther: Based on DIR Dircetor's letter dated December 29, 2000 projects advertised before January 1, 2001 are not subject to payment of prevailing wages for Inspection and Testing. The contract for this project was signed on November 2, 1999. STATE LABOR COMMISSIONER By Tony Egu voen Deputy Labor Commissioner PW 22 (Revised •4/2002) RECEIVED JUL 16 2002 L.D. KING g Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement 464 W 4th Street, Room 348 San Bernardino, CA 92401 909-383-7408 FAX 909-383-6397 yEn� o/ Ayf ..a, ' A W ISM.., Sire.", _ti " ' 4!rfoo City of Fontana 8353 Sierra Ave. Fontana, CA 92335 Donald Gdula DATE: June 19, 2002 In Reply Refer to Case No: 40-11286/404 REQUEST FOR INFORMATION, AWARDING BODY PROJECT NAME Slover Ave. Sewer, from Cherry Ave. to Hemlock Ave. Prime Contractor Fischer Plumbing Project No. 0 Subcontractor L.D. King Engineering Co., Inc. This office is currently conducting an investigation to determine if the above -mentioned contractor(s) are in violation of the Public Work Law, Labor Code sections 1720 through 1861. To assist us in our investigation, copies of the noted (x) documents and information are hereby requested. x Contract (excluding specifications) x Performance Bond and Payment Bond (Labor/Material Bond) x Bid Notice and Date First Published COPY OF NEWSPAPERS AD. x Page(s) Listing Prevailing Wage Rate for the Project x Page(s) Advising Contractor of Legal Requirements to Pay Prevailing Wage x Name(s) and Address(es) of all Subcontractor(s) performing work on this project. x Certified Payroll Records Received by Your Agency From Contractor x Notice of Completion (County Recorder Filing) or Acceptance Document. Please attach copy. x Date Project Began x Completion Date IF NOT, Estimated Date x Amount of Money Still Being Held by Your Agency $ _ Inspector's Daily Log(s) x Actual Location of Project Other Please be assured that the above requested information will be utilized for official purposes only. Thank you for your assistance. STATE LABOR COMMISSIONER B & =1S /O 2. y Tony Egu oen Deputy L bor Commissioner PW n (Revisal-40002) Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement 464 W 4th Street, Room 348 San Bernardino, CA 92401 909-383-7408 FAX: 909-383-6397J'tU o. �"` ► rM1 Na �i '� `� i City of Fontana 8353 Sierra Ave. , Fontana, CA 92335 Donald Gdula 4"4i /FORT[\ DATE: June 19, 2002 In Reply Refer to Case No: 40-11286/404 NOTIFICATION OF COMPLAINT FILED PROJECT NAME Slover Ave. Sewer, from Cherry Ave. to Hemlock Ave. Prime Contractor Fischer Plumbing Project No. 0 Subcontractor L.D. King Engineering Co., Inc. A complaint alleging violation of the Public Work Law (California Labor Code, Division 2, Part 7) has been filed in this office against the contractor(s) listed above. You are hereby advised an investigation is commencing of the above -named project to insure compliance with the provisions of the Labor Code. After an investigation, if it is determined that wages and/or penalties are due, a Civil Wage and Penalty Assessment will be issued pursuant to Labor Code Section 1741. Sincerely, STATE LABOR COMMISSIONER By Tony Eguavoen Deputy Labor Commissioner PW n (Revised - 4/2002) Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement 464 W 4th Street, Room 348 San Bernardino, CA 92401 909-383-7408 FAX: 909-383-6397 L.D. King Engineering Co., Inc. 2151 Convention Center Way, Suite 100 Ontario, CA 91764 Carl Freeman DATE: January 00,1900 In Reply Refer to Case No: 40-11286/404 REQUEST FOR CERTIFIED PAYROLL RECORDS AWARDING BODY City of Fontana Prime Contractor Fischer Plumbing PROJECT NAME Project No. Slover Ave. Sewer, from Cherry Ave. to H 0 Subcontractor L.D. King Engineering Co., Inc. This letter constitutes a formal request for public works payroll information as authorized by Section 1776 of the California Labor Code. Within ten (10) working days from receipt of this request, please submit certified copies of time and payroll information for all workers who were employed by L.D. King Engineering Co., Inc. on the above identified public works job during the period from Beginning to End of Project. The required format for this information and certification is set forth on the attached public work payroll reporting form. The person certifying these copies must be the contractor or an agent authorized to act on behalf of the contractor. Failure to provide these certified payroll records to the Division of Labor Standards Enforcement within ten (10) working days of receipt of this request will subject the contractor to a penalty of twenty-five dollars ($25.00) per calendar day or portion thereof for each worker until the records are received (Labor Code Section 1776 (g)). In addition to completing the enclosed reporting forms, you are also required to complete the enclosed Statement of Employer Payments form. Sincerely, STATE LABOR COMMISSIONER. By Tony E tlavoen Deputy Labor Commissioner Pw n (aa..aooxl P. 1 TRANSMISSION REPORT Account Name : DESTINATION : 99370202 DEST.NUMBER : 99370202 F CODE PAGES RESULT : 7 sheets : OK Tog Dale Wlntergerst (THU) JUN 20 2002 15:10 MINOLTA DOCUMENT# TIME STORED TIME SENT DURATION MODE : 6307179-585 : JUN 20 15:07 : JUN 20 15:08 : 1min, 25sec : ECM City of Fontana Engineering Division Special Projects 8353 Sierra Avenue Fontana, CA 92335 Phone: 909-350-7632 Fax: 909-350-6618 From: Don Gdula Faac 9-937-0202 Data June 20, 2002 Phony: 9-937-0200 Pages: 6 Rom! 1 nhnr rlfmmiccinn Marti cef rr. City of Fontana Engineering Division Special Projects 8353 Sierra Avenue Fontana, CA 92335 Phone: 909-350-7632 Fax: 909-350-6618 FaxCmuicaUons Communications To: Dale Wintergerst From: Don Gdula Fax: 9-937-0202 Date: June 20, 2002 Phone: 9-937-0200 Pages: 6 Re: Labor Commission Request CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments: California ORKS PAYROLL REPORTING FORM PAGE OF IIJ I IZ Department of Inoustrtal Helauons NAME OF CONTRACTOR CONTRACTORS LICENSE It ADDRESS OR SUBCONTRACTOR SPECIALTY LICENSE it PAYROLL NO, FOR WEEK ENDING SELF -INSURED CERTIFICATE I PROJECT On CONTRACT NO. (4) DAY WORKERS COMPENSATION POLICY I PROJECT AND LOCATION (2) (3) M T W TH F S S (5) (6) (1) (7) (9) NAME, ADDRESS AND No. of With- HolQng WORK DATE TOTAL HOURLY GROSS (8) NET SOCIAL SECURITY NO. Exertp lions CLASSIFICATION HOURS RATE OF PAY AMOUNT EARNED DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS WA, FOR • CHECK NO. OF EMPLOYEE HOURS WORKED EACH DAY PENSION WEEK S THIS PROJECT ALL PROJECTS FI-' TAX. FICA (SOC. SEC.) STATE TAX SWVAC/ HOL HEALTH L WELF TRAING. FUND ADMIN. DUES TRAV/ SUBS. SAVINGS OTHER' TOTAL DED- UCTIONS • S THIS PROJECT ALL PROJECTS FED. TAX FICA (SOC. SEC.) STATE TAX SDI VAG HOL HEALTH & WELF PENSION TRAING. FUND ADMIN. DUES TRAV/ SUBS. SAVINGS OTHER' TOTAL DED- UCTIONS O PENSION • - - S THIS PROJECT ALL PROJECTS FED. TAX FICA (SOC. • SEC.) STATE TAX SDI VAC/ HOL HEALTH & WELF TRAING. FUND ADMIN. DUES TRAV/ SUBS. SAVINGS OTHER' TOTAL DED- UCTIONS • O >r` S THIS PROJECT ALL PROJECTS FED. TAX FICA (SOC. SEC.) STATE TAX SDI VAC/ HOL HEALTH & WELF PENSION TRAING. FUND ADMIN. DUES TRAV/ SUBS. SAVINGS OTHER' TOTAL DED- UCTIONS 0 ' •nTUFRANY nTHER DEDUCTIONS. CONTRIBUTIONS AND/OR PAYMENTS WHETHER PW 14 S. STRAIGHT TIME O.OVERTIME SDI. STATE DISABILITY INSURANCE OR NOT INCLUDED OR REQUIRED BY PREVAILING WAGE DETERMINATIONS MUST BE SEPARATELY LISTED. USE EXTRA SHEET IF NECESSARY. PAGE NOTICE TO PUBLIC ENTITY For Privacy Considerations I, the undersigned, am (Name -print) (position in business) with the authority to act for and on behalf of certify under (name of business and/or contractor) penalty of perjury that the records or copies thereof submitted and consisting of (description, no. of pages) are the originals or true, full, and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named. Date: Signature: A public entity may require a more strict and/or more extensive form of certification. PW 14 • Statement of Employer Payments Date: June 19, 2002 In Reply, Refer to Case No: 40-11286/404 :val. o► N. f ? t�`�in 1 , r W.&%= �.4' SV, :©: �'. `�f ^� f 2�':J \ `�! ' �r !l Prime: Fischer Plumbing Subcontractor: L.D. King Engineering Co., Inc. PROJECT NAME: Slover Ave. Sewer,from Cherry Ave. to Hemlock Ave. PROJECT CONTRACT NO.: 0 County/location: San Bernardino - 4erxuaM.• HEALTH AND WELFARE NAME OF PLAN Address, City and Zip Address, City and Zip ADMINISTRATOR CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY PENSION NAME OF PLAN Address, City and Zip Address, City and Zip ADMINISTRATOR CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY VACATION/HOLIDAY NAME OF PLAN Address, City and Zip Address, City and Zip ADMINISTRATOR CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY TRAINING NAME OF PLAN Address, City and Zip Address, City and Zip . ADMINISTRATOR CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY IF YOU USE OTHER PLANS NOT LISTED ABOVE, YOU MAY USE THE BACK OF THIS FORM TO PROVIDE THIS ADDITIONAL INFORMATION PW 26 P. 1 TRANSMISSION REPORT Account Name : DESTINATION : 915624996439 DEST.NUMBER 915624996439 F CODE PAGES RESULT : 3 sheets : OK To: Division of Labor Standards Enforcement Attn: Lisa Cervantes (THU) JUN 13 2002 13:32 MINOLTA DOCUMENT# TIME STORED TIME SENT DURATION MODE 6307179-530 JUN 13 13:31 JUN 13 13:31 52sec ECM City of Fontana Engineering Division Special Projects 8353 Sierra Avenue Fontana, CA 92335 Phone: 909-350-7632 Fax: 909-350-6618 From: Don Gdula Fax: 9-1-562-499-6439 Date: June 13, 2002 Phone: 9-1-562-9e3-7104 Pages: 3 To: Division of Labor Standards Enforcement Attn: Lisa Cervantes City of Fontana Engineering Division ecial Projects_, 8353 Sierra Avenue Fontana, CA 92335 Phone: 909-350-7632 Fax: 909-350-6618 From: Don Gdula Fax: 9-1-562-499-6439 Date: June 13, 2002 Phone: 9-1-562-983-7104 Pages: 3 Re: Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle •Comments: See attached request. JUN.13.2002 9:22AM D E LONG BEACH Labor Commissioner, State of Call ornia Department of Induetrlal Relations piviston of Labor Standards Enforcement Lisa Cervantes 300 Oceangate Blvd,, Suite 960 Long Beach, CA 90802 66g-983-71Q4 FAX; 562.409.6439 TO: NO.665 P.2/2 Email: LOOrvantssedir•ca,gov City of Fontana 8353 Sierra Ave,, Fontana, CA 92335 Attn: Donald Gdula Fax No.: 909.350-S618 oA 6/13/2002 I IRC41re k al IN RRPLY REFER TO CASE No, pw.2610 REQUEST FOR INFORMATION misoT NAME Stover Ave. Sewer, from Cherry Ave. to Hemlock Ave., Fontana,, CA Palma coN1t`IAcT9R Fispher Plumbing eueco1TRAcToN L,D, Klnp, Iqc, L,D.King, Inc. was not a subcontractor, they provided construction administr- tion. This office has received a complaint against the abqve listed contractor alleging a violation of the Public Works Laws, Labor Code Section 1720 et seq. In order for us to complete an investigation and determine if there is any validity to the allegation we need some Information that you may provide. Please provide the following Information as soon as possible by retyrn facsimile. 1. The name of the Awarding Agency's contact person, their phone number and email address: Donald Gdula 909-350-7632 dgdula@fontana.org 2. The complete name of the: project; Slaver Avenue Sewer from Cherry Avenue to Hemlock Avenue 3, The contract Number: SB-57-00 4, e First Bid Advertisement Date; 7-13-00 5. The Date of the contract or purchase order and the period covered by the contract Date: 9-5-00 Work Period: 161 Working Days 6, The date the project began: 1-8-01 7. The date of completion: 8. If the project has not been completed what is the estimated completion date: 9. The name and address of the general contractor: San Bernardino, CA 92405 2-5-02 Fischer Plumbing, 1372 W, 26th Street, 10, The name phone number and email address of the contact person for the general contractor; Mike 14i.scher, Owner 909-881-2910 11. The name of the bonding company that Issued the payment and the performance bonds, the bond numbers and the dollar amount of the bonds. Fidelity and Deposit Company of Maryland Bond No. 8506095 $659,239.00 12. The amount of retention currently being held on the contract: , None 13. Kindly provide the source of the funding for the project; Fund 502 Sewer Capital Thank you in advance for your prompt attention to this matter, If you have any questions please feel free to contact me at 582-983-7104 Sincerely, Lisa Cervantes Recording requested by City of Fontana When recorded mail to: City of Fontana (Engineering Division) 8353 Sierra Avenue Fontana, California 92335 Recorded In Official Records, County of San Bernardino LARRY WALKER Auditor/Controller — Recorder R Regular Mail Doc#: 2002- 0171478 1111 1111 lull fl Titles: Fees Texas Other , 4/08/2002 1:51 PM L04 Pages: 1 0.00 0.00 0.00 PAID $0.00 No APN Available NOTICE OF COMPLETION Pursuant to the provisions of Section 3086 of the Civil Code of the State of California and authorization of the City Council of the City of Fontana, NOTICE IS HEREBY GIVEN that work on that certain project known as Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue for the City of Fontana was completed and accepted by the City of Fontana on the 5th day of February, 2002. The said work was performed by Fischer. Plumbing of 1372 W. 26th Street, San Bernardino, CA 92405 in accordance with the terms of written agreement dated the 5th day of September , 2001. STATE OF CALIFORNIA} P . 12th day of Feb , 2002 COUNTY OF SAN BERN Subscribed and sworn to before me February 12, 2002 Delia Mejia City Engineer .,, DELIA MEJIA Commission# 1319256 z •r; Notary Public - California San Bernardino County r My Cam. aches Aug 30, 2005 JUN.13.2002 9:22AM E LONG- BEACH • NO.665 P.1/2 Labor Commissioner, State of California Department of Industrial ReIatlone Dlviejon of Labor Standards Enforcement Lisa Cervantes 900 Oceangete Blvd,, Suite 850 Long Beach, CA 90802 .562.983.7104 FAX: 562.499.6439 DATA 6/13/2002 1 IN REPLY RLFER TO CASE N0, pw-2610 FAX COVER SHEET To: City of Fontana 8353 Sierra Ave., Fontana, CA 92335 Attn: Donald Gdula Fax No: 909-350.6618 From: Lisa Cervantes Fax No: 562.499-6439 Message Please complete the Request for Information and fax back to me as soon as possible with a copy of the NOC for this project, Thank you In advance. Number of Pages J2 ( Including cover sheet. Please call 562-983-7104 if you do not receive all the copies or they are not legible.