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Home My WebLink AboutPRR23232 Melgar - Tank Farm Orcutt Roundabout #40-78007-858 RESPONSELabor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Bureau of field Enforcement- Public Works 320 W Fourth Street, Suitc 450 Los Angeles, CA 90013 TEL: (415) 589-0809 EMAIL: CITY OF SAN LUIS OBISPO - PUBLIC WORKS 919 PALM STREET SAN LUIS OBISPO, CA 93401 ADMIN DATE: 2023 Gavin Newsom, Governor In Reply Refer to Case No: 40-78007-858 REQUEST FOR INFORMATION, AWARDING BODY FFnjeet Name Aw=4ir.% Body Project No D1R Project ID TANK FARM ROAD CITY OF SAN LUIS OBISPO -PUBLIC WOR fi 0 NOT FOUND Pt11ne Contractor GREENER ENVIRONMENTS INC dba WILD BLOOM This office is currently conducting an investigation to determine if the above -mentioned contractor(s) are in violation of the Public Work Laws, Labor Code Sections 1720 through 1861 and/or Skilled and Trained Workforce STW) Requirements, Public Contract Code sections 2600 through 2602. To assist us in our investigation, copies of the noted (X) documents and information are hereby requested: X Contract (including scope of work) X Performance Bond and Payment Bond (Labor/Material Bond) X Bid Advertisement and Date First Published (attach copy of Newspaper/Online Ad) X Page(s) Listing Prevailing Wage Rate for the Project X Page(s) Advising Contractor of Legal Requirements to Pay Prevailing Wage X Page(s) Advising Contractor of Legal Requirements to utilize Skilled and Trained Workforce X GREENER ENVIRONMENTS INtmonthly report(s) demonstrating compliance with STW requirements X GREENER ENVIRONMENTS INtplan(s) to achieve "substantial compliance" and reponse(s) (if any) X Name(s) and Address(es) of all Subcontractor(s) performing work on this project X Certified Payroll Records received by your agency for work performed by GREENER ENVIRONMENT 1 X Valid Notice of Completion (county recorder filing) or document evidencing your agency's acceptance of the project completed on a particular date (attach copy) X Date Project Began X Completion Date IF NOT, Estimated Date X Total amount of retention being held by your agency for project $ X Total amount behing withheld by your agency pursuant to Public Contract Code section 2602 $ X Date of Final Payment X Inspector's Daily Log(s) X Physical Address of Project X Please advise if this project's funding requires the use of an approved Labor Compliance Program Other Please be assured that the above requested information will be utilized for official purposes only. Thank you for your assistance. STATE LABOR COMMISSIONER By ;604 7 a .•. Joel Melgar Industrial Relations Repres ative PW 6 (Revived 6/2021) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.14. 15. 16.17. 18. 19. August 02, 202110/03/2022 0 0 January 02, 2023 Tankfarm Road and Orcutt Road intersection ur LALI,FORNIA D>"PAI2TIvZENT OF INDL15TnIAL RI;LATIph1SDivisionofLaborStandardsE1QtCe1zzejzt G An Newsoxrn, Governor Neadqu,,"Iels Office 1515 Clay Street Ste. 1302 MAILINGADOakland, CA 94612 1 555; 0 420G03Tel: {510} Sn: Fr-r 'f • ; 285"211$ Pax: {510) 285-1365 ncrsco, CA 941 2-060j I Liha Garcia -Brower f Calif0l-Wa Labor Co nmissionei f July 20, 2023 I 1 AWARDING BODY R13SPONSIBILITIES E j Dear Awarding Body, The Labor Commissioner's Office (LCO) is statutorily obligatedlaws. This letter is a tool to ensure that .warding bodies understand g to ensure corn 'fiance with Public Worksconsequenceswhenawardingaprojectsubec# to California's Prevailing Wage1720 — 1861). For all projects which re ui nd their legal! obligations and potential b. Codethefollowing2: q re the payment of prevailing wages warding o ies amust dodo Register projects using the PWC•-i.DO form. ho'ect re istration must beofawardingthecontract, but no later than the first day an which work is mpieted within 30 days1773.3, subd. (a).) erformed. Obtain revailin wa e rates from DIR. (Lab. Code § 1773.)( Lab. Code § Notify contractors and subcontractors that they must register with DIR andsubjecttoenforcementbyDIR. Post or require contractors to post jobsite otiat the project isrequirements. (Lab. Code § 1771.4.) Require proof of public works contractor registration before accepting ces on public works contract. To find actively registered contractors, use: Public Works Contraab.,.d Or awarding aLab. Cade §§ 1725.5; 1771.1; 1773.3.) ltorRe istration Search. Ensure that public works contractors a 1 v'oi'kws. Awarding bodies are spectcy required to takencognizance iance with ublieallsusectedviolationsofPWLtotheLaborCommissioner (Lab. Code and promptly re ort An awarding body that fails to timel 726 ) y provide project information, enters icoy ract with, or permits an unregisteredcontractortoengageintheperformanceofannto a 100, 00 for each day of violation. (Lab. Cade § 1773.3, subd public work is su IJ ct to civil penalties of An awarding body is the entity that awards a contract for public works and is so n Project Owner. The awarding body can be any kind of public agency or official ortetzmes known as the publicfunds. , a rivate entity using AlimitedexemptionfromthenoticeandregistrationrequirementsexistsdonotexceedS25See000Lohfornewconstruction, alteration, installation, demolition oh ie works projects that maintenance, (See Lag Cade §§ 1771.1, subd. (n) and 1773.3, subd: (j)•) rir air, or $15,000 for 1 I. i I An awarding body's an awarding body s failure to adhere to these requirements may lead to costlyYwasrecentlyfoundliableforSI0,000 for contracting withcontractortoperformworkonast1Y Consequences. For example, officer found that the small- public works project violation ofLabar Cade ectipermitting an unregistereddidnotaProjectsexeinp#ion for maintenance work under L T7ar Cod725.5. The hearingPP1Y, because the subject Agreement constituted a public , greater than 515,000.00. e section I 773.3(j) arks mainte 'ance contract for a projectAnotherawardingbodywascitedandassessedperformworkonaprojectfor57days $5,700.00 for permitting an gun -registered contractortrainingfundcontributionstotheLaborCommissionernbawardingodyrecentlactorto on a project to use an incorrect worker classification. Y paid noel- $14,000.00 in wages andhalfof17workers `f'ter instructing contractorsion. Awarding bodies should be aware that contractor registration is a f jbyPublicContractCodesection4104alsorequiredon ousinhousingprojectsarenotsubjecttotheliiriiteexemptionslisteda ncorporated in Labor Code sictian projects governed above. These new Further, an awarding body's failure to adhere to these requirementsPWLandmayjeopardizeitsabilitytoobtainstatents eornpramise important objectives of thesubd. (g).) An official who intentionally ignores thiseq ugementor a pmo1eCt as a re 'ult. (Lab. CodeLab. Code § 1777.) ay be subje t to criminal Prosecution. 1773.3, i p secution. Please refer to the F on our website foratocontactourPublicWorksUnitatublicwor1 dir.ca. vv if ou ha additional information regarding PW requirements. Feel freeLAWARDINGBODY] obligations when awarding a project subject to PWthelawsenforcedbytheLaborCommissioneryou Y ve any quo ttvns regarding L. For general information onYmaycall833-LCO-INFO (8337526-4636). My Office is committed to promoting GompIiance with workplace protections fuli c able workers, which 1 also levels the playing fold and supports law-abiding contractors. We hopewithyourorganizationtowardthesewoz,. p ns for y goals. to cont Iue in strong partnership Sincerely, Lilia Garcia -Brower California Labor Commissioner Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Bureau of Field Enforcement- Public Works 320 W Fourth Street, Suite 450 Los Angeles, CA 90013 TEL: (415) 589-0809 EMAIL: GREENER ENVIRONMENTS INC dba WILD BLOOM 1570 11TH STREET LOS OSOS, CA 93402 DATE: 2023 Pojw Name TANK FARM ROAD Prim. Contractor GREENER ENVIRONMENTS INC dba WILD BLOOM In Reply Refer to Cue No: 4,0-78007-858 NOTICE OF INVESTIGATION 1g Body Project No 171R Prof)}M ID Or SAN LUIS OBISPO - PUBLIC WDR0 NOT IT - UN You are hereby advised that the Division of Labor Standards Enforcement is commencing an compliance with the Public Work Laws (California Labor Code, Division 2, Part 7) by the abc After an investigation, if it is determined that wages and/or penalties are due, a Civil Wage ani will be issued pursuant to Labor Code section 1741. STATE LABOR COMMISSIONER By ; 6ol "4a* Joel Melgar y Industrial Relations Represe 4tive Newsom, Governor vestigation to confirm e- named contractor(s). Penalty Assessment PW I I (Revind6a31) STATE. OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STA CERTIFICATION OF SERVICE BY MAIL C.C.P. 1013a) OR CERTIFIED MAIL I, Sandi Fortner -Howard , do hereby f rtify that I am a resident of or employed in Los Angeles , over 18 years of age, and not a party to the within action, and th I and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement 320 W Fourth Street, Suite 450 Los Angeles, CA 90013 On July 24, 2023 , I served the within: (1) Notice of Investigation; (2) Re Information, Awarding Body; (3) Request for Payroll 5) Public Works Payroll Reporting Form Al-131; a by placing a true copy thereof in an envelope address CITY OF SAN LUIS OBISPO - PUBLIC WORKS 919 PALM STREET_- ------ --- SAN LUIS OBISPO, CA 93401 Documents 1, 2 and 6 only GREENER ENVIRONMENTS INC dba WILD BLOOM 1570 11TH STREET LOS OSOS CA 93402 Documents 1, 3, 4, 5 and 6 RDSENFORCEMENT he County of t I am employed at 111pef f^r Records; (4) Statement of Employor Payment., and then sealing the envelope and with postage and certified mail fees (if applicable) and then depositing it in the United States mail in Los Angeles by: X Ordinary first class mail Certified mail Registered mail I certify under penalty of perjurythat the foregoing is true and correct Executed on July 24, 2023 , at Los Angeles , County of Los Angeles ; i f 40- 78007-858 9 fully prepaid, California PW 34 (Rm is<a-6/2021)